Page 580 - Trump Executive Orders 2017-2021

Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents 10283

position or authority to approve the claim, and need not be identified by name in the
specification. A false claim may be tacitly presented, as when a person who knows that there is
no entitlement to certain pay accepts it nevertheless without disclosing a disqualification, even
though the person may not have made any representation of entitlement to the pay. For example,
a person cashing a pay check that includes an amount for a dependency allowance, knowing at
the time that the entitlement no longer exists because of a change in that dependency status, has
tacitly presented a false claim. See also subparagraph (1) of this paragraph.
(3) !Yfaking or using a false ~writing or other paper in connection ·with a claim. The false or
fraudulent statement must be material, that is, it must have a tendency to mislead governmental
officials in their consideration or investigation of the claim. The offense of making a writing or
other paper known to contain a false or fraudulent statement for the purpose of obtaining the
approval, allowance, or payment of a claim is complete when the writing or paper is made for
that purpose, whether or not any use of the paper has been attempted and whether or not the
claim has been presented. See also the explanation in subparagraphs (I) and (2) of this
paragraph.
(4) False oath in connection with a claim. See subparagraphs (1) and (2) ofthis paragraph.
(5) Forgery ofsignature in connection 1vilh a claim. Any fraudulent making of the signature
of another is forging or counterfeiting, whether or not an attempt is made to imitate the
handwriting. See subparagraph 37.c. and subparagraphs (1) and (2) ofthis paragraph.
(6) Delivering less than amount calledfor hy receipt. It is immaterial by what means-
whether deceit, collusion, or otherwise--the accused effected the transaction, or what was the
accused's purpose.
(7) Making or delivering receipt without hm'ingfull knowledge that it is true. When an of11cer
or other person subject to military law is authorized to make or deliver any paper certifying the
receipt of any property of the United States furnished or intended for the armed forces thereof~
and a receipt or other paper is presented for signature stating that a certain amount of supplies
has been furnished by a certain contractor, it is that person's duty before signing the paper to
know that the full amount of supplies therein stated to have been furnished has in fact been
furnished, and that the statements contained in the paper are true. If the person signs the paper
with intent to defraud the United States and without that knowledge, that person is guilty of a
violation of this section of the article. If the person signs the paper with knowledge that the full
amount was not received, it may be inferred that the person intended to defraud the United
States.
d. Afaximum punishment.
(I) Article 124 (1) and (2). Dishonorable discharge, forfeiture of all pay and allowances,
and confinement for 5 years.
(2)Article 124 (3) and (4).
(a) When amount is $1,000 or less. Bad-conduct discharge, forfeiture of all pay and
allowances, and confinement for 6 months.
(b) When mnount is more than $1,000. Dishonorable discharge, forfeiture of all pay and
allowances, and confinement for 5 years.
e. Sample specifications.
(1) Making false claim.
In that (personal jurisdiction data), did, (at/on board-location)
(subject-matter jurisdiction data, if required), on or about 20_, (by preparing (a
sradovich on DSK3GMQ082PROD with PRES DOCS VerDate Sep<11>2014 18:39 Mar 07, 2018 Jkt 244001 PO 00000 Frm 00397 Fmt 4705 Sfmt 4790 E:\FR\FM\08MRE0.SGM 08MRE0 ER08MR18.399</GPH>
make a claim against the
for presentation for approval or payment)
voucher)
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