U.S. v. Wright, 65 M.J. 373

Core Criminal Law Subjects: Crimes: Article 107 - False Official Statements Pre-2019 offenses

1. one element of the offense of making a false official statement requires that the statement be false in certain particulars as opposed to totally false
2. within the context of the circumstances of this case as set forth in the providence inquiry, appellant’s statement that while loading up the connex boxes, he noticed the computers were missing was false; having said that, he said more than simply that they were absent: he said that he had no explanation for their absence; of course, this was not literally true when, in fact, he and another soldier had stolen the computers; appellant’s statement also falsely suggested that the computers went missing at a particular time, that is, while he was loading up the connex boxes
3. appellant’s plea of guilty to making a false official statement was provident, notwithstanding his contention that his statement to an officer investigating the theft of computers – that is, that while he was loading up the connex boxes, he noticed that the computers were not on top of the box anymore -- was true, although misleading; appellant’s statement falsely implied that he had no explanation for the absence of the computers, and that they went missing at a particular time