1. The elements of this crime are as follows:
a. That the accused made a certain claim against the United States or an officer thereof;
b. That the claim was false or fraudulent in certain particulars; and
c. That the accused then knew that his claim was false or fraudulent in these particulars.
2. Any act placing the claim in official channels constitutes making a claim, even if that act
does not amount to presenting a claim. It is not necessary that the claim be allowed or paid.
QUESTION: MUST THE ACCUSED KNOW IT IS FRAUDULENT?
ANSWER: YES.
FALSE OR FRAUDULENT CLAIMS INCLUDE NOT ONLY THOSE
CONTAINING SOME MATERIAL FALSE STATEMENT, BUT ALSO CLAIMS WHICH THE
CLAIMANT KNOWS TO HAVE BEEN PAID OR FOR SOME OTHER REASON HE KNOWS HE
IS NOT AUTHORIZED TO PRESENT OR UPON WHICH HE KNOWS HE HAS NO RIGHT TO
COLLECT. PART IV, MCM, 1984, PARAGRAPH 58c(2) (a).
QUESTION: WHAT IF THE ACCUSED BELIEVED IT TO BE VALID?
ANSWER: THIS IS A DEFENSE TO THE CHARGE, I.E., MISTAKE. IT IS ALSO A DEFENSE
THAT THE CLAIM WAS MADE NEGLIGENTLY.
B. Presenting for Approval a False or Fraudulent Claim.
1. This is different from the offense of making a false claim. The elements are:
a. The accused presented for approval or 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;
b. the claim was false or fraudulent in certain particulars; and
c. the accused knew the claim was false or fraudulent in these particulars.
2. The definition of false or fraudulent is the same as that in the discussion of making a false
claim.
3. The claim must be presented, directly or indirectly, to some person having authority to
pay it. The person to whom the claim is presented may be identified by position or authority to approve
the claim, and need not be identified by name in the specification. A false claim may be tacitly
presented, as when a person who knows that there is no entitlement to certain
MP1019
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