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 presenting (a voucher) (__________) to __________, an officer of the United States duly authorized to (approve) (pay) (approve and pay) such claim, present for (approval) (payment) (approval and payment) a claim against the (United States) (finance officer at __________) (__________) in the amount of $__________ for (services alleged to have been rendered to the United States by __________ during __________) (__________), 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 presented for (approval) (payment) (approval and payment) to a person in the (civil) (military) service of the United States having authority to (approve) (pay) (approve and pay) a certain claim against (the United States) (__________, an officer of the United States), such a claim 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 presented 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”) mean 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) (approve) (approve and pay) the claim.
“Intent to defraud” means an intent to obtain something of value through a misrepresentation and to apply it to one’s own use and benefit or to the use and benefit of another, either temporarily or permanently.
The claim must be presented, directly or indirectly, to some person having authority to pay it. The person to whom the claim is presented may be identified by position or authority to approve the claim. (A false claim may be tacitly presented, as when a person who knows that there is no entitlement to certain pay accepts it nevertheless without disclosing a disqualification, even though the person may not have made any representation that they were entitled to receive the pay).
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.