terminate receipt of BAQ. After he receives several more months of BAQ, he again notifies F&AO of
this problem. He still receives BAQ for several more months. At no time during this period did the
soldier commit any fraud or larceny, even though he received BAQ to which he was not entitled based
on his occupying government quarters. The criminal intent is not present."
Presenting a false claim requires that the accused took a false claim, knowing that it was false, and
presented it to a person who had the authority to pay it.
ELEMENTS
1. Making:
2. Presenting:
(a) the accused made a certain
(a) the accused presented for
claim against the United States or
approval or payment to a certain
an officer thereof;
person in the civil or military
(b) the claims were false or
services of the United States having
fraudulent in certain particulars;
the authority to approve or pay it a
and
certain claim against the United
(c) the accused then knew the
States or an officer thereof;
claim was false or fraudulent in
(b) the claim was false or
these particulars.
fraudulent in certain particulars;
and
(c) the accused then knew that
the claim was false or fraudulent in
these particulars.
The underlined portion in 2(a) above is the difference between making and presenting. In presenting,
the claim must reach a person who has the authority to make payment. In making, the claim only has
to get into official channels.
One last point should be made regarding presenting a false claim. You can present a false claim by
receiving money from the government when you know you are not entitled to it. So, if your paycheck
includes an allowance which you know you are not entitled to, you present a false claim when you cash
the paycheck.
Under Article 132. making a false writing or using a false writing in connection with a claim requires
a material and false statement to be made in writing. The offense is complete upon the making of the
false paper or writing. The accused does not have to present the claim, make the claim, or make any
attempt to use the false writing. The elements are:
1. The accused made or used a certain writing or other paper;
a. That certain material statements in the writing or other paper were false or fraudulent;
b. That the accused then knew the statements were false or fraudulent; and
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MP1022
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