Page 577 - Trump Executive Orders 2017-2021
P. 577

10280        Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents


                 been given, precludes the prosecution from using the statutory rule of evidence but does not
                 preclude conviction of this offense if all the elements are otherwise proved.
                    ( 18) Affirmative defense.  Honest mistake is an affirmative defense to offenses under this
                 article. See R.C.M. 9160).
                 d. Maximum punishment.
                    (1) For the procurement of any article or thing of value, with intent to defraud, in the face
                 amount of
                       (a) $1,000 or less. Bad-conduct discharge, forfeiture of all pay and allowances, and
                 confinement for 6 months.
                       (b) More than $1,000. Dishonorable discharge, forfeiture of all pay and allowances, and
                 confinement for 5 years.
                    (2) For the payment of any past due obligation, or.for any other purpose, with intent to
                 deceive.  Bad-conduct discharge, forfeiture of all  pay and allowances, and confinement for 6
                 months.
                 e. Sample .~pec{fications.
                    (1) For the procurement(?{ any article or thing qf value,  with intent to defraud.
                       In that                  (personal jurisdiction data), did, (at/on board---location)
                 (subject-matter jurisdiction data, ifrequired), on or about       20___, with intent to
                 defraud and for the procurement of (lawful currency) (and)        (an article) (a thing) of
                  value), wrongfully and unlawfully ((make (draw)) (utter) (deliver) to        a certain
                 (check) (draft) (money order) upon the           Bank)              depository) in words
                 and figures as follows, to wit:                      then knowing that (he) (she)
                                 the (maker) (drawer) thereof: did not or would not have sutlicient funds in or
                 credit with such (bank) (depository) for the payment of the said (check) (draft) (order) in full
                 upon its presentment.
                    (2) For the payment of any past due obligation, or for any other pwpose, with intent to
                 deceive.
                       In that                 (personal jurisdiction data), did, (at/on board-location) (subject-
                 matter jurisdiction data, if required), on or about      20 __ with intent to deceive and
                                                                                 ,
                 for the payment of a past due obligation, to wit:               (for the purpose of
                 -----'wrongfully and unlawfully ((make) (draw)) (utter) (deliver) to _____ _
                 a certain (check) (draft) (money order) for the payment of money upon( __ Bank), __ _
                 depository), in words and figures as follows, to wit:       , then knowing that (he) (she)
                 (            ), the (maker) (drawer) thereof, did not or would not have sutlicient funds in or
                 credit with such (bank) (depository) for the payment of the said (check) (draft) (order) in full
                 upon its presentment.


                 71. Article 124 (10 U.S.C. 924)-Frauds against the United States
                 a  Text of statute.
                        Any person subject to this chapter-
                               (1) who, knowing it to be false m· fraudulent-
                                      ( A) makes any claim against the United States or any officer thereof;
                 or
                                      (B) presents to any person in the civil or military service thereof, for
                 approval or payment, any claim against the United States or any officer thereof;
     sradovich on DSK3GMQ082PROD with PRES DOCS  VerDate Sep<11>2014   18:39 Mar 07, 2018  Jkt 244001  PO 00000  Frm 00394  Fmt 4705  Sfmt 4790  E:\FR\FM\08MRE0.SGM  08MRE0  ER08MR18.396</GPH>



                                                             375
   572   573   574   575   576   577   578   579   580   581   582