Any person subject to this chapter—

who, knowing it to be false or fraudulent—

makes any claim against the United States or any officer thereof; or

presents to any person in the civil or military service thereof, for approval or payment, any claim against the United States or any officer thereof ;

who, for the purpose of obtaining the approval, allowance, or payment of any claim against the United States or any officer thereof—

makes or uses any writing or other paper knowing it to contain any false or fraudulent statements;

makes any oath to any fact or to any writing or other paper knowing the oath to be false; or

forges or counterfeits any signature upon any writing or other paper, or uses any such signature knowing it to be forged or counterfeited;

who, having charge, possession, custody or control of any money, or other property of the United States, furnished or intended for the armed forces thereof, knowingly delivers to any person having authority to receive it, any amount thereof less than that for which he receives a certificate or receipt; or

who, being authorized to make or deliver any paper certifying the receipt of any property of the United States furnished or intended for the armed forces thereof, makes or delivers to any person such writing without having full knowledge of the truth of the statements therein contained and with intent to defraud the United States; shall, upon conviction, be punished as a court-martial may direct.

That the accused made a certain claim against the United States or an officer thereof;

That the claim was false or fraudulent in certain particulars; and

That the accused then knew that the claim was false or fraudulent in these particulars.

That 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;

That the claim was false or fraudulent in certain particulars; and

That the accused then knew that the claim was false or fraudulent in these particulars.

That the accused made or used a certain writing or other paper;

That certain material statements in the writing or other paper were false or fraudulent;

That the accused then knew the statements were false or fraudulent; and

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.

That the accused made an oath to a certain fact or to a certain writing or other paper;

That the oath was false in certain particulars;

That the accused then knew it was false; and

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.

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

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.

That the accused used the forged or counterfeited signature of a certain person;

That the accused then knew that the signature was forged or counterfeited; and

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.

That 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;

That the accused obtained a certificate or receipt for a certain amount or quantity of that money or property;

That 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

That the undelivered money or property was of a certain value.

That 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;

That the accused made or delivered to that person a certificate or receipt;

That the accused made or delivered the certificate without having full knowledge of the truth of a certain material statement or statements therein;

That the act was done with intent to defraud the United States; and

That the property certified as being received was of a certain value.

A claim is a demand for a transfer of ownership of money or property and does not include requisitions for the mere use of property. This article applies only to claims against the United States or any officer thereof as such, and not to claims against an officer of the United States in that officer’s private capacity.

Making a claim is a distinct act from presenting it. A claim may be made in one place and presented in another. The mere writing of a paper in the form of a claim, without any further act to cause the paper to become a demand against the United States or an officer thereof, does not constitute making a claim. However, 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 or that it be made by the person to be benefited by the allowance or payment. See also subparagraph c.(2).

The claim must be made with knowledge of its fictitious or dishonest character. This article does not proscribe claims, however groundless they may be, that the maker believes to be valid, or claims that are merely made negligently or without ordinary prudence.

False and fraudulent claims include not only those containing some material false statement, but also claims that the claimant knows to have been paid or for some other reason the claimant knows the claimant is not authorized to present or upon which the claimant knows the claimant has no right to collect.

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 pay accepts it nevertheless without disclosing a disqualification, even though the person may not have made any representation of entitlement to the pay. For example, a person cashing a pay check that includes an amount for a dependency allowance, knowing at the time that the entitlement no longer exists because of a change in that dependency status, has tacitly presented a false claim. See also subparagraph (1) of this paragraph.

The false or fraudulent statement must be material, that is, it must have a tendency to mislead governmental officials in their consideration or investigation of the claim. The offense of making a writing or other paper known to contain a false or fraudulent statement for the purpose of obtaining the approval, allowance, or payment of a claim is complete when the writing or paper is made for that purpose, whether or not any use of the paper has been attempted and whether or not the claim has been presented. See also the explanation in subparagraphs (1) and (2) of this paragraph.

See subparagraphs (1) and (2) of this paragraph.

Any fraudulent making of the signature of another is forging or counterfeiting, whether or not an attempt is made to imitate the handwriting. See subparagraph 37.c. and subparagraphs (1) and (2) of this paragraph.

It is immaterial by what means—whether deceit, collusion, or otherwise—the accused effected the transaction, or what was the accused’s purpose.

When an officer or other person subject to military law is authorized to make or deliver any paper certifying the receipt of any property of the United States furnished or intended for the armed forces thereof, and a receipt or other paper is presented for signature stating that a certain amount of supplies has been furnished by a certain contractor, it is that person’s duty before signing the paper to know that the full amount of supplies therein stated to have been furnished has in fact been furnished, and that the statements contained in the paper are true. If the person signs the paper with intent to defraud the United States and without that knowledge, that person is guilty of a violation of this section of the article. If the person signs the paper with knowledge that the full amount was not received, it may be inferred that the person intended to defraud the United States.

Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years.

Bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 6 months.

Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years.

In that ______________ (personal jurisdiction data), did, (at/on board—location) (subject-matter jurisdiction data, if required), on or about ______ 20___, (by preparing (a voucher) (_______) for presentation for approval or payment) (_____), make a claim against the (United States) (finance officer at _____) (________) in the amount of $________ for (private property alleged to have been (lost) (destroyed) in the military service) (___________), which claim was (false) (fraudulent) (false and fraudulent) in the amount of $________ in that _______ and was then known by the said _______ to be (false) (fraudulent) (false and fraudulent).

In that ______________ (personal jurisdiction data), did, (at/on board—location) (subject-matter jurisdiction data, if required), on or about ______ 20___, by presenting (a voucher) (_______) to ______, an officer of the United States duly authorized to (approve) (pay) (approve and pay) such claim, present for (approval) (payment) (approval and payment) a claim against the (United States) (finance officer at _________) (________) in the amount of $________ for (services alleged to have been rendered to the United States by ___________ during __________) (___________), which claim was (false) (fraudulent) (false and fraudulent) in the amount of $________ in that _______, and was then known by the said _______ to be (false) (fraudulent) (false and fraudulent).

In that ________________ (personal jurisdiction data), for the purpose of obtaining the (approval) (allowance) (payment) (approval, allowance, and payment) of a claim against the United States in the amount of $______, did (at/on board—location) (subject-matter jurisdiction data, if required), on or about ________ 20____, (make) (use) (make and use) a certain (writing) (paper), to wit:___________, which said (writing) (paper), as (he) (she), the said _______, then knew, contained a statement that ____________, which statement was (false) (fraudulent) (false and fraudulent) in that ___________, and was then known by the said ___________ to be (false) (fraudulent) (false and fraudulent).

In that ________________ (personal jurisdiction data), for the purpose of obtaining the (approval) (allowance) (payment) (approval, allowance, and payment) of a claim against the United States, did (at/on board—location) (subject-matter jurisdiction data, if required), on or about ________ 20____, make an oath (to the fact that __________) (to a certain (writing) (paper), to wit: _____________), to the effect that ___________, which said oath was false in that ___________, and was then known by the said ___________ to be false.

In that ________________ (personal jurisdiction data), for the purpose of obtaining the (approval) (allowance) (payment) (approval, allowance, and payment) of a claim against the United States, did (at/on board—location) (subject-matter jurisdiction data, if required), on or about ________ 20____, (forge) (counterfeit) (forge and counterfeit) the signature of _______ upon a ___________in words and figures as follows: __________.

In that ________________ (personal jurisdiction data), for the purpose of obtaining the (approval) (allowance) (payment) (approval, allowance, and payment) of a claim against the United States, did (at/on board—location) (subject-matter jurisdiction data, if required), on or about ________ 20____, use the signature of ___________ on a certain (writing) (paper), to wit: __________, then knowing such signature to be (forged) (counterfeited) (forged and counterfeited).

In that ________________ (personal jurisdiction data), having (charge) (possession) (custody) (control) of (money) (________) of the United States, (furnished) (intended) (furnished and intended) for the armed forces thereof, did, (at/on board—location) (subject-matter jurisdiction data, if required), on or about ________ 20____, knowingly deliver to _____, the said __________ having authority to receive the same, (an amount) (_____), which, as (he) (she), ________, then knew, was ($______) (_____________) less than the (amount) (______) for which (he) (she) received a (certificate) (receipt) from the said __________.

In that ________________ (personal jurisdiction data), being authorized to (make) (deliver) (make and deliver) a paper certifying the receipt of property of the United States (furnished) (intended) (furnished and intended) for the armed forces thereof, did, (at/on board—location) (subject-matter jurisdiction data, if required), on or about ________ 20____, without having full knowledge of the statement therein contained and with intent to defraud the United States, (make) (deliver) (make and deliver) to ____________, such a writing, in words and figures as follows: ____________, the property therein certified as received being of a value of about $_________.