Article 132 Frauds Against the United States DEFENDING MILITARY MEMBERS WORLDWIDE Contact Us!

ARTICLE 132 – FRAUDS AGAINST THE UNITED STATES

Article 132 UCMJ

Article 132 - Frauds Against the United States - was intended to criminalize the various ways that the Government can be defrauded. BAH fraud is most commonly alleged as an Article 132 offense.

The elements of the offense are:

Making a false or fraudulent claim

  • That the accused made a certain claim against the United States or an officer thereof;
  • That the claim was false or fraudulent in certain particulars;
  • That the accused then knew that the claim was false or fraudulent in these particulars. [1]

Presenting for approval or payment a false or fraudulent claim

  • That the accused presented for approval payment to a certain person in the civil or military service of the United States having authority to approve or pay it a certain claim against the United States or an officer thereof;
  • That the claim was false or fraudulent in certain particulars;
  • That the accused then knew that the claim was false or fraudulent in these particulars. [2]

Making or using a false writing or other paper in connection with claims

  • That the accused made or used a certain writing or other paper;
  • That certain material statements in the writing or other paper were false or fraudulent;
  • That the accused then knew the statements were false or fraudulent; and,
  • That the act of the accused was for the purpose of obtaining the approval, allowance, or payment of a certain claim or claims against the United States or an officer thereof.[3]

False oath in connection with claims

  • That the accused made an oath to a certain fact or to a certain writing or other paper;
  • That the oath was false in certain particulars;
  • That the accused then knew it was false; and,
  • That the act of the accused was for the purpose of obtaining the approval, allowance, or payment of a certain claim or claims against the United States or an officer thereof.[4]

Forgery of signature in connection with claims

  • That the accused forged or counterfeited the signature of a certain person on a certain writing or other paper; and
  • That the act of the accused was for the purpose of obtaining the approval, allowance, or payment of a certain claim or claims against the United States or an officer thereof.[5]

Using forged signature in connection with claims

  • That the accused used the forged or counterfeited signature of a certain person;
  • That the accused then knew that the signature was forged or counterfeited; and,
  • That the act of the accused was for the purpose of obtaining the approval, allowance, or payment of a certain claim or claims against the United States or an officer thereof.[6]

Delivering less that amount called for by receipt

  • 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;
  • That the accused obtained a certificate or receipt for a certain amount or quantity of that money or property;
  • That for the certificate or receipt the accused knowingly 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 of receipt; and,
  • That the undelivered money or property was of a certain value.
  • That the act of the accused was for the purpose of obtaining the approval, allowance, or payment of a certain claim or claims against the United States or an officer thereof.[7]

Making or delivering receipt without having full knowledge that it is true

  • 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;
  • That the accused made or delivered to that person a certificate or receipt;
  • That the accused made or delivered the certificate without having full knowledge of the truth of a certain material statement or statements therein;
  • That the act was done with intent to defraud the United States; and
  • That the property certified as being received was of a certain value. [8]

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