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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;
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