Page 502 - Trump Executive Orders 2017-2021

Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents 10205

(5) Intent to defraud. See subparagraph 70.c.(l4). The intent to defraud need not be directed
toward anyone in particular nor be for the advantage of the offender. It is immaterial that nobody
was actually defrauded, or that no further step was made toward carrying out the intent to defraud
other than the false making or altering of a writing.
( 6) Alteration. The alteration must effect a material change in the legal tenor of the writing.
Thus, an alteration which apparently increases, diminishes, or discharges any obligation is
material. Examples of material alterations in the case of a promissory note are changing the date,
amount, or place of payment. If a genuine wTiting has been delivered to the accused and while in
the accused's possession is later found to be altered, it may be inferred that the writing was altered
by the accused.
(7) Uttering. See subparagraph 70.c.(4).
d. Maximum punishment. Dishonorable discharge, forfeiture of all pay and allowances, and
confinement for 5 years.
e. Sample spec~fications.
(1) Forgery-making or altering.
In that (personal jurisdiction data), did, (at/on board-location)
(subject-matter jurisdiction data, if required), on or about __ 20 _, with intent to defraud,
falsely [make (in its entirety) (the signature of as an indorsement to) (the signature of
to) L_) a certain (check) (writing)(__) in the following words and figures, to wit:
] [alter a certain (check) (writing)( __ ) in thefo11owing words and figures, to wit: __ ,
by (adding thereto ( ) ], which said (check) (writing) (_) would, if genuine,
apparently operate to the legal harm of another [*and which (could be) (was) used to the
legal harm of __ , in that __ ].
[*Note: This allegation should be used when the document specified is not one which by its nature
would clearly operate to the legal prejudice of another-for example, an insurance application.
The manner in which the document could be or was used to prejudice the legal rights of another
should be alleged in the last blank]
(2) Forgery-uttering.
In that (personal jurisdiction data), did, (at/on board-location)
(subject-matter jurisdiction data, if required), on or about __ 20 _, with intent to defraud,
(utter) (offer) (issue) (transfer) a certain (check) (writing) ( ) in the following words
and figures, to wit: , a writing which would, if genuine, apparently operate to the legal
harm of another, (which said (check) (writing) (_)) (the signature to which said (check)
(writing) ( )) (_) was, as (he) (she), the said __ , then well knew, falsely (made)
(altered) (*and which __ (could be) (was) used to the legal harm of __ , in that_).
[*Note: See the note following (1), of subparagraph e.]

38. Article 105a (10 U.S.C. 905a)-False or unauthorized pass offenses
a. Text ofstatute.
(a) WRONGFUL MAKING, ALTERING, ETC.-Any pe1·son subject to this chapter who,
wrongfully and falsely, makes, alters, counterfeits, or tampers with a military or official pass,
permit, discharge certificate, or identification card shall be punished as a court-martial may
direct.
(b) WRONGFUL SALE, ETC.-Any person subject to this chapter who wrongfully sells,
gives, lends, or disposes of a false or unauthorized military or official pass, permit, discharge
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