Page 579 - Trump Executive Orders 2017-2021

10282 Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents

(a) That the accused used the forged or counterfeited signature of a certain person;
(b) That the accused then knew that the signature was forged or counterfeited; and
(c) That the act was for the purpose of obtaining the approval, allowance, or payment of a
cetiain claim against the United States or an officer thereof.
(7) Delivering less than amount called for by receipt.
(a) That the accused had charge, possession, custody, or control of certain money or
property of the United States furnished or intended for the armed forces thereof;
(b) That the accused obtained a certificate or receipt for a certain amount or quantity of
that money or property;
(c) That for the certificate or receipt the accused knoVvingly delivered to a certain person
having authority to receive it, an amount or quantity of money or property less than the amount
or quantity thereof specified in the certificate or receipt; and
(d) That the undelivered money or property was of a certain value.
(8) .Making or delivering receipt 1vithout havingfull knowledge that it is true.
(a) That the accused was authorized to make or deliver a paper certifying the receipt from
a certain person of certain property of the United States furnished or intended for the armed
forces thereof;
(b) That the accused made or delivered to that person a certificate or receipt;
(c) That the accused made or delivered the certificate without having full knowledge of the
truth of a certain material statement or statements therein;
(d) That the act was done with intent to defraud the United States; and
(e) That the property certified as being received was of a certain value.
c. Lxplanation.
(1) Making a false or fraudulent claim.
(a) Claim. A claim is a demand for a transfer of ownership of money or property and does
not include requisitions for the mere use of property. This article applies only to claims against
the United States or any officer thereof as such, and not to claims against an officer of the United
States in that officer's private capacity.
(b) Making a claim. Making a claim is a distinct act from presenting it. A claim may be
made in one place and presented in another. The mere writing of a paper in the form of a claim,
without any futiher act to cause the paper to become a demand against the United States or an
otlicer thereo±: does not constitute making a claim. However, any act placing the claim in oflicial
channels constitutes making a claim, even if that act does not amount to presenting a claim. It is
not necessary that the claim be allowed or paid or that it be made by the person to be benefited
by the allowance or payment. See also subparagraph c.(2).
(c) Knowledge. The claim must be made with knowledge of its fictitious or dishonest
character. This article does not prosctibe claims, however groundless they may be, that the
maker believes to be valid, or claims that are merely made negligently or without ordinary
pmdence.
(2) Presenting for approval or payment a false or fraudulent claim.
(a) False and fraudulent. False and fraudulent claims include not only those containing
some material false statement, but also claims that the claimant knows to have been paid or for
some other reason the claimant knows the claimant is not authotized to present or upon which
the claimant knows the claimant has no right to collect.
(b) Presenting a claim. The claim must be presented, directly or indirectly, to some person
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having authotity to pay it. The person to whom the claim is presented may be identified by

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