NOTE 1: If convicted of only offenses committed on or after 28 December 2023, the judge shall sentence the accused in accordance with the sentencing parameters or criteria, as appropriate, or state reasons for deviating in writing. See RCM 925(c)(2), RCM 1002(a)(2), Appendices 12B (Parameter Table-Confinement Categories), 12C (Offense Category Chart), and 12D (List of Criteria Offenses), 2024 MCM.
a. MAXIMUM PUNISHMENT: DD, TF, 5 years, E-1. (Category 2)
b. SAMPLE SPECIFICATION:
In that __________ (personal jurisdiction data), did, (at/on board—location), on or about __________, (by preparing (a voucher) (__________) for presentation for approval or payment) (__________), make a claim against the (United States) (finance officer at __________) (__________) in the amount of $__________ for (private property alleged to have been (lost) (destroyed) in the military service) (__________), which claim was (false) (fraudulent) (false and fraudulent) in the amount of $__________ in that __________ and was then known by the said __________ to be (false) (fraudulent) (false and fraudulent).
c. ELEMENTS:
(1) That (state the time and place alleged), the accused made a certain claim against (the United States) (__________, an officer of the United States) for (state the nature and amount of the alleged claim);
(2) That the claim was (false) (fraudulent) (false and fraudulent) in that (state the particulars alleged); and
(3) That, at the time the accused made the claim, (he) (she) knew it was (false) (fraudulent) (false and fraudulent) in that (state the particulars alleged).
d. DEFINITIONS AND OTHER INSTRUCTIONS:
A “claim” is a demand for a transfer of ownership of money or property. (A claim does not include requisitions for the mere use of property.)
(“False”) (“Fraudulent”) (“False and fraudulent”) means intentionally deceitful. (It) (They) refer(s) to an untrue representation of a material fact, that is, an important fact, made with knowledge of its untruthfulness and with the intent to defraud another. The test of whether a fact is material is whether it was capable of influencing the approving authority to pay the claim.
“Making” a claim means the preparation of a claim and taking some action to place it into official channels. It is an action by the accused which becomes a demand against the United States or one of its officers. “Making” a claim is ordinarily a separate act from presenting it. (A claim may be made in one place and presented in another.) (It is not necessary that the claim be approved or paid or that it be made by the person to be benefited by the allowance or payment.)
NOTE 2: Other instructions. Instruction 5-13, Ignorance or Mistake of Fact or Law, may be applicable. Instruction 7-3, Circumstantial Evidence (Intent and Knowledge), is ordinarily applicable.