2008 edition - Fort Sam Houston - U.S. Army

in recognition of services rendered, to be rendered,
o r b o t h , b y t h e a c c u s e d i n r e l a t i o n t o a c e r t a i n
matter)**;
(d) That this certain matter was an official matter
in which the United States was and is interested;
and
(e) That, under the circumstances, the conduct
of the accused was to the prejudice of good order
and discipline in the armed forces or was of a nature
to bring discredit upon the armed forces.
(*Note: This element is required for bribery.)
(**Note: This element is required for graft.)
(2) Promising, offering, or giving.
(a) That the accused wrongfully promised, offered,
or gave a thing of value to a certain person;
(b) That this person then occupied a certain
official position or had certain official duties;
(c) That this thing of value was promised, offered,
or given (with the intent to influence the decision
or action of this person)* (as compensation for
or in recognition of services rendered, to be rendered,
or both, by this person in relation to a certain
matter)**;
(d) That this matter was an official matter in
which the United States was and is interested; and
(e) That, under the circumstances, the conduct
of the accused was to the prejudice of good order
and discipline in the armed forces or was of a nature
to bring discredit upon the armed forces.
(*Note: This element is required for bribery.)
(**Note: This element is required for graft.)
c. Explanation. Bribery requires an intent to influence
or be influenced in an official matter; graft
does not. Graft involves compensation for services
performed in an official matter when no compensation
is due.
d. Lesser included offenses.
(1) Bribery. Article 134—graft
(2) Bribery and graft. Article 80—attempts
e. Maximum punishment.
(1) Bribery. Dishonorable discharge, forfeiture of
all pay and allowances, and confinement for 5 years.
(2) Graft. Dishonorable discharge, forfeiture of
all pay and allowances, and confinement for 3 years.
f. Sample specifications.
(1) Asking, accepting, or receiving.
In that (personal jurisdiction data), be-
67.b.(2)
ing at the time (a contracting officer for ) (the
p e r s o n n e l o f f i c e r o f ) ( ) , d i d , ( a t / o n
board—location) (subject-matter jurisdiction data, if
r e q u i r e d ) , o n o r a b o u t 2 0 , w r o n g f u l l y
(ask) (accept) (receive) from , (a contracting
c o m p a n y ) e n g a g e d i n ( ) , ( t h e s u m o f
$ ) ( , o f a v a l u e o f ( a b o u t ) $ )
( ), (with intent to have his/her (decision) (action)
influenced with respect to*) ((as compensation
for) (in recognition of)) service (rendered) (to be
rendered) (rendered and to be rendered) by him/her
the said in relation to**) an official matter in
which the United States was and is interested, to
wit: (the purchasing of military supplies from )
(the transfer of to duty with ( ) ( ).
(*Note: This language should be used to allege
bribery.) (**Note: This language should be used
to allege graft.)
(2) Promising, offering, or giving.
In that (personal jurisdiction data), did
(at/on board—location) (subject-matter jurisdiction
data, if required), on or about 20 ,
wrongfully (promise) (offer) (give) to ,
( h i s / h e r c o m m a n d i n g o f f i c e r ) ( t h e c l a i m s o f f i c e r
o f ) ( ) , ( t h e s u m o f
$ ) ( , o f a v a l u e o f ( a b o u t
$ ) ( , (with intent to influence
t h e ( d e c i s i o n ) ( a c t i o n ) o f t h e s a i d -
w i t h r e s p e c t t o * ) ( ( a s
compensation for) (in recognition of)) services (rendered)
(to be rendered) (rendered and to be rendered)
by the said in relation to**)
an official matter in which the United States was
a n d i s i n t e r e s t e d , t o w i t : ( t h e g r a n t i n g o f l e a v e
t o ) ( t h e p r o c e s s i n g o f a
c l a i m a g a i n s t t h e U n i t e d S t a t e s i n f a v o r
of ) ( ).
(*Note: This language should be used to allege
bribery.) (**Note: This language should be used
to allege graft.)
67. Article 134—(Burning with intent to
defraud)
a. Text of statute. See paragraph 60.
b. Elements.
( 1 ) T h a t t h e a c c u s e d w i l l f u l l y a n d m a l i c i o u s l y
burned or set fire to certain property owned by a
certain person or organization;
(2) That such burning or setting on fire was with
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