forms of physical violence) when committed "abroad against United States nationals."
QUESTION:
DOES THIS LAW APPLY OVERSEAS?
ANSWER:
YES. THIS IS AN EXAMPLE OF A CRIMINAL LAW WHICH APPLIES ON AN EXTRA-
TERRITORIAL BASIS. IT EXPLICITLY PROHIBITS THE COMMISSION OF CERTAIN
ACTS WHEN COMMITTED "ABROAD AGAINST UNITED STATES NATIONALS."
THIS LANGUAGE OBVIOUSLY SHOWS THAT CONGRESS INTENDED THIS LAW
TO APPLY OUTSIDE THE CONTINENTAL UNITED STATES.
Another antiterrorism law is 18 USC Section 1803, which prohibits hostage taking overseas, if the
offender or victim is a U.S. national, or if the offenders make demands of the United States
government. Again, by its language, this law applies on an extraterritorial basis. You can tell this from
the wording of the law itself. Remember, Congress has the power to pass extraterritorial criminal laws--
the only issue is whether it HAS done so.
Economic crimes will generally apply overseas, as the offenses (bribery, graft, conflict of interest,
etc.) are crimes against the United States itself.
QUESTION:
WHAT ABOUT A SOLDIER--DOES HE FALL UNDER THE FEDERAL LAW?
ANSWER:
SURE. HE ALSO, OF COURSE, IS SUBJECT TO TRIAL BY COURT-MARTIAL. HE
CAN'T BE PROSECUTED BY BOTH THE MILITARY AND THE CIVIL AUTHORITIES,
HOWEVER, AS THEY REPRESENT THE SAME SOVEREIGN; SUCH A DUAL
PROSECUTION WOULD BE A FORM OF DOUBLE JEOPARDY.
QUESTION:
WHAT DO YOU CALL THE FEDERAL LAW?
ANSWER:
THE U.S. CODE.
When you begin a study of economic crimes, you need to be familiar with the U.S. Code. The
reason for this is that civilians may not be tried by court-martial in peacetime. They must instead be
prosecuted for U.S. Code violations. Military members may also be prosecuted under the U.S. Code.
Prosecution may rest with the U.S. attorney and the federal courts. So you will be investigating
offenses under the U.S. Code. The federal courts will use the federal rules of criminal procedure and
the federal rules of evidence. You must understand the offenses and the rules in order to conduct a
proper investigation of economic crimes.
To work in this field, you should get a copy of The Fraud, Waste, and Abuse Manual, USACIDC
Pam 195-8. This document sets out the various economic crimes, along with an explanation of their
various elements, and examples of the various crimes. It also tells you whether or not the crime is
extraterritorial and cites the related Uniform Code of Military Justice (UCMJ) offense (if any).
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