ARTICLE 107 FALSE OFFICIAL STATEMENTS
False official statement is one of the most commonly alleged offenses in the manual for courts-martial. It includes all statement and documents made in the line of duty.
The elements of false official statement under Article 107, UCMJ are:
- That the accused signed a certain official document or made a certain official statement;
- That the document or statement was false in certain particulars;
- That the accused knew it to be false at the time of signing it or making it; and,
- That the false document or statement was made with the intent to deceive.
A false official statement does not require material gain. Though, material gain can be circumstantial evidence of intent to deceive. Defense counsel will usually contest the suggestion that the accused knew the statement to be false.
Whether a statement is official or not, depends on whether an official government function will be negatively impacted by the false or misleading statement. There should be a clear and direct relationship to official duties. This includes statements to civilian authorities. Intent to deceive means to purposely mislead, to cheat, to trick another, or to cause another to believe as true that which is false.
A misleading statement can include an otherwise true statement that omits information. In Wright, the accused suggested that he noticed computers were missing while moving property for storage. The accused knew the actual location of the computers. His guilty plea was provident. False statements can also be made voluntarily. There is no exculpatory no doctrine in the military.
DA Pamphlet 27-9
3-33-1. False Official Statement
The maximum punishment is dishonorable discharge, forfeiture of all pay and allowances, and confinement for five years.
Lesser Included Offenses
The lesser-included offenses include only Article 80 – attempts.
-  United States v. Teffeau, 58 M.J. 62 (C.A.A.F. 2003)
-  United States v. Day, 66 M.J. 172 (C.A..A.F. 2008)
-  United States v. Wright, 65 M.J. 373 (C.A.A.F. 2007)
-  United States v. Nelson, 53 M.J. 319 (C.A.A.F. 2000)
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For the better part of the last decade, Mr. Conway has become a nationally recognized resource on military justice. Daniel Conway is a former Marine staff sergeant and captain. He is a proud graduate of the University of Texas at San Antonio and University of New Hampshire School of Law. Mr. Conway is recently a former President of the New Hampshire Bar Association Military Law Section and a current member of the DC Bar. Mr. Conway has also written a book on Military Crimes and Defenses that is near publication with a major ...Read More
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Gary Myers is a former JAG officer and one of the most experienced civilian military defense counsel in the country. He attended the University of Delaware where he received his undergraduate degree in chemical engineering in 1965. Gary Myers served as president of his freshman, sophomore and junior classes and went on in his senior year to be president of the student body. Gary Myers then attended the Pennsylvania State University, Dickinson School of Law, and graduated in 1968. Gary Myers paid his way through law school by ...Read More
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A Richmond, Virginia native, Mr. Pristera graduated from Virginia Commonwealth University with a degree in Mechanical Engineering. After spending some time as a DuPont engineer, specifically working on Kevlar manufacturing and ballistics applications, Mr. Pristera attended law school at the University of New Hampshire. On July 4, 2010, Mr. Pristera was commissioned in the U.S. Army in the Judge Advocate General’s Corps. Mr. Pristera spent almost six years on active duty. He spent just over three of those years in criminal defense, ...Read More
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Originally from Portland, Maine, Mr. Galli attended Elmira College in New York on a four-year Army ROTC Scholarship. At Elmira, he double majored in Business Administration and Public Affairs. Mr. Galli graduated from Elmira College in 2009 with a Bachelor of Science degree and was Commissioned as a Second Lieutenant in the United States Army. Mr. Galli began his study of the law in 2009 at the University of New Hampshire School of Law. There, he focused on litigation and honed his advocacy skills as a member of the Advanced Trial ...Read More
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