UCMJ Article 124

Elements of UCMJ Article 124 (Frauds Against the United States)

Making a False or Fraudulent Claim

The elements required for a charge of making false claim under Article 124 include:

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

Presenting for Approval or Payment a False or Fraudulent Claim

The elements required for a charge of presenting false claim include:

• 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;
• The claim was false or fraudulent in certain particulars; and
• The accused then knew that the claim was false or fraudulent in these particulars.

Make or Using a False Writing or Other Paper in Connection with a Claim

Under 10 U.S.C. 924, the elements necessary for a charge of making or using a false writing or other paper in connection with a claim include:

• The accused made or used a certain writing or other paper;
• Certain material statements in the writing or other paper were false or fraudulent;
• The accused knew that the statement were false or fraudulent; and
• 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.

False Oath in Connection with a Claim

Elements of making false oath in connection with a claim include:

• The accused made an oath to a certain fact or to a certain writing or other paper;
• The oath was false in certain particulars;
• The accused knew then that it was false; and
• 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.

Forgery of Signature in Connection with a Claim

In regards to this particular charge, the elements required include:

• The accused forged or counterfeited the signature of a certain person on a certain writing or other paper; and
• 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.

Using Forged Signature in Connection with a Claim

The elements required for the charge of using a forged signature in connection with a claim include:

• The accused used the forged or counterfeited signature of a certain person;
• The accused then knew that the signature was forged or counterfeited; and
• 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.

Delivering Less than Amount Called for By Receipt

Delivering less than the amount called for by a receipt requires the following elements:

• 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;
• The accused obtained a certificate or receipt for a certain amount or quantity of that money or property;
• 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 or receipt; and
• The undelivered money or property was of a certain value.

Making or Delivering Receipt Without Having Full Knowledge That it is True

To be charged with making or delivering a receipt without having the full knowledge that it is true, the following elements must be present:

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

Definitions

Below are important definitions of keywords relating to Article 124 of the UCMJ:

• Claim – A demand for the transfer of money or property.

• Knowledge – The false claim must be made with the knowledge of its “fictitious” or “dishonest” character. 

• Making a Claim – Any act placing the claim in official channels.

• Presenting a Claim – When a claim is directly or indirectly presented to someone with the authority to pay it.
• False and Fraudulent – A false or fraudulent claim is one that contains certain material statements that are false and which the claimant knows to have been paid, is not authorized to present the claim, or otherwise has no right to collect.

What is the Penalty for a UCMJ Art. 124 Violation?

If a service member is found guilty of any section of UCMJ Art. 124, they face a total forfeiture of pay and allowances, discharge from the military, and between 6 months to 5 years of confinement. More specifically, the maximum punishment for violating sections (1) and (2) of Article 124 include dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years.

Meanwhile, the maximum punishment for the following two sections (2) and (3) depends on the amount of money in question. When the amount is of equal value or less value than $1,000, the service member faces a bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 6 months. When the amount exceeds $1,000 in value, the maximum penalty is dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years.