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 the 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 __________, (forge) (counterfeit) (forge and counterfeit) the signature of __________ upon a __________ in words and figures as follows: __________.
c. ELEMENTS:
(1) That (state the time and place alleged), the accused (forged) (counterfeited) (forged and counterfeited) the signature of (state the person alleged) upon a certain (writing) (paper), namely (state the writing or paper alleged); and
(2) That this (forging) (counterfeiting) (forging and counterfeiting) was done 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 a transfer of ownership of money or property. (A claim does not include requisitions for the mere use of property.)
A (“forged”) (“counterfeited”) signature is any fraudulently made signature of another whether or not an attempt was made to imitate the handwriting of the other person.
NOTE 2: Other instructions. Instruction 7-3, Circumstantial Evidence (Intent), is ordinarily applicable.