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), for purpose of obtaining the (approval) (allowance) (payment) (approval, allowance, and payment) of a claim against the United States, did, (at/on board— location), on or about __________, make an oath (to the fact that __________) (to a certain (writing) (paper), to wit: __________), to the effect that _________, which said oath was false in that __________, and was then known by the said __________ to be false.
c. ELEMENTS:
(1) That (state the time and place alleged), the accused made an oath (to the fact that (state fact alleged)) or (on a certain (writing) (paper), namely, (state the writing or paper alleged)), to the effect that (state the matter alleged);
(2) That the oath was false in that (state the particulars alleged);
(3) That the accused knew at the time that the oath was false; and
(4) That the oath was made for the purpose of obtaining the (approval) (allowance) (payment) (approval, allowance, and payment) of a claim against (the United States) (__________, an officer of the United States).
d. DEFINITIONS AND OTHER INSTRUCTIONS:
A “claim” is a demand for transfer of ownership of property or money. (A claim does not include requisitions for the mere use of property.)
“False” means a deliberate misrepresentation of a material fact that is made with the intent to defraud another.
“Material” means it must have a tendency to mislead government officials in their consideration or investigation of the claim.
“Intent to defraud” means an intent to obtain an article or thing 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.
An “oath” is a pledge that binds the person to speak the truth.
NOTE 2: Corroboration instruction. When an instruction on corroboration is requested or otherwise advisable, the military judge should carefully tailor the following to include only instructions applicable to the case, giving subparagraphs (1), (2), or a combination, as necessary:
As to the second element for this offense, there are special rules for proving the falsity of an oath. The falsity of an oath can be proved by testimony or documentary evidence by:
(1) The testimony of a witness which directly contradicts the oath described in the specification, as long as the witness’s testimony is corroborated or supported by the testimony of at least one other witness or by some other evidence which tends to prove the falsity of the oath. You may find the accused guilty of making a false oath only if you find beyond a reasonable doubt that the testimony of (state the name of the witness), who has testified as to the falsity of the oath described in the specification is believable and is corroborated or supported by other trustworthy evidence or testimony. To “corroborate” means to strengthen, to make more certain, to add weight. The corroboration required to prove making a false oath is proof of independent facts or circumstances which, considered together, tend to confirm the testimony of the single witness to establish the falsity of the oath.
(2) Documentary evidence directly disproving the truth of the oath described in the specification as long as the evidence is corroborated or supported by other evidence tending to prove the falsity of the oath. To “corroborate” means to strengthen, to make more certain, to add weight. The corroboration required to prove a false oath is proof of independent facts or circumstances which, considered together, tend to confirm the information contained in the document to establish the falsity of the oath.
NOTE 3: Exceptions to documentary corroboration requirement. There are two exceptions to the requirement for corroboration of documentary evidence. Applicable portions of the following should be given when an issue concerning one of the exceptions arises:
An exception to the requirement that documentary evidence must be supported by corroborating evidence is when the document is an official record which has been proven to have been well known to the accused at the time (he) (she) (took the oath) (made the affirmation).
(Additionally,) (An) (Another) exception to the requirement that documentary evidence must be supported by corroborating evidence is when the document was written or furnished by the accused or had in any way been recognized by (him) (her) as containing the truth at some time before this supposedly perjured oath was made. If (this exception) (these exceptions) exist(s), the documentary evidence may be sufficient without corroboration to establish the falsity of the oath.
You may find the accused guilty of making a false oath only if you find that the documentary evidence (and credible corroborative evidence) establish(es) the falsity of the accused’s oath beyond a reasonable doubt.
NOTE 4: Proving that the accused did not believe the statement to be true. Once the appropriate corroboration instruction in NOTE 1 above is given, the military judge should give the following instruction:
The fact that the accused did not believe the oath to be true when it was (made) (subscribed) may be proved by testimony of one witness without corroboration or by circumstantial evidence, if the testimony convinces you beyond a reasonable doubt as to this element of the offense.
NOTE 5: Other instructions. Instruction 5-13, Ignorance or Mistake of Fact or Law, may be applicable. Instruction 7-3, Circumstantial Evidence (Knowledge), is ordinarily applicable.