pay accepts it nevertheless without disclosing a disqualification. In this case the accused would not have
to make any representation of entitlement to the pay before he could be convicted of this offense. For
example, PVT Ludlow cashed a pay check which included an amount for a dependency allowance. He
knew at the time that he was not entitled to this allowance. When he cashed the check, he tacitly
presented a false claim. Part IV, MCM, 1984, para 58c(2) (b).
C. Making or Using a False Writing or Other Paper in Connection with Claims (Article 132,
UCMJ). The elements of this offense are:
1. That the accused made or used a certain writing or other paper;
2. That certain material statements in the writing or other paper were false or fraudulent;
3. That the accused then knew the statements were false or fraudulent; and
4. 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.
QUESTION: WHAT IS A "MATERIAL" STATEMENT?
ANSWER: THE MISSTATEMENT MUST HAVE A TENDENCY TO MISLEAD GOVERNMENT
OFFICIALS IN THEIR CONSIDERATION OR INVESTIGATION OF THE CLAIM.
D. False Oath in Connection with Claims (Article 132, UCMJ). The elements here are:
1. That the accused made an oath to a certain fact or to a certain writing or other paper;
2. That the oath was false in certain particulars;
3. That the accused then knew it was false; and
4. That the act 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.
E. Forgery of Signature in Connection with Claims (Article 132, UCMJ). The elements here
are:
1. That the accused used the forged or counterfeited the signature of a certain person or a
certain writing or other paper; and
2. that the act was for the purpose of obtaining the approval, allowance, or payment of a
certain claim against the United States or an officer thereof.
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