UCMJ Article 124: Frauds Against the United States
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Article 124 punishes knowingly false claims against the United States and the false papers, oaths, and forged signatures used to support them, along with two receipt frauds involving Government money or property furnished for the armed forces. False claims and false supporting papers carry up to a dishonorable discharge and 5 years. The receipt offenses carry 6 months and a bad-conduct discharge for $1,000 or less, and 5 years and a dishonorable discharge above that.
The four parts of § 924
Under 10 U.S.C. § 924, a person subject to the UCMJ commits the offense who:
- knowing it to be false or fraudulent, makes a claim against the United States or any officer of it, or presents such a claim to a person in its civil or military service for approval or payment;
- for the purpose of obtaining approval, allowance, or payment of a claim, makes or uses a writing knowing it contains false or fraudulent statements, makes an oath knowing it to be false, or forges or counterfeits a signature or uses one knowing it to be forged;
- having charge of money or property of the United States furnished or intended for the armed forces, knowingly delivers less than the amount for which he receives a certificate or receipt; or
- being authorized to certify receipt of such property, makes or delivers a receipt “without having full knowledge of the truth of the statements therein contained and with intent to defraud the United States.”
This text was section 932 (Article 132) before Pub. L. 114-328 renumbered it as section 924. The current Article 132 is retaliation.
What counts as a claim
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” (Manual for Courts-Martial (2024 ed.), Part IV, ¶ 71.c(1)(a)). It must be against the United States or an officer in that capacity, not against an officer personally.
Making and presenting are separate acts. Writing a paper in the form of a claim, with nothing more, is not making a claim. But “any act placing the claim in official channels constitutes making a claim,” even if it falls short of presenting it. The claim need not be paid, and it need not be made by the person who would benefit (¶ 71.c(1)(b)).
Silence can be a false claim
False claims include claims the claimant knows were already paid or that the claimant otherwise has no right to collect (¶ 71.c(2)(a)). A claim can be presented “tacitly.” The Manual’s example: a member who cashes a paycheck that includes a dependency allowance, knowing the entitlement has ended because of a change in dependency status, “has tacitly presented a false claim,” even without making any representation (¶ 71.c(2)(b)).
Knowledge, not carelessness
“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” (¶ 71.c(1)(c)). A sincere but mistaken claim, or a careless one, is outside the article.
False papers, oaths, and signatures
- Materiality. A false statement in a supporting writing must be material: it must have “a tendency to mislead governmental officials in their consideration or investigation of the claim” (¶ 71.c(3)).
- Complete when made. Making a false writing for the purpose of obtaining payment is complete when the writing is made, “whether or not any use of the paper has been attempted and whether or not the claim has been presented.”
- Forgery. “Any fraudulent making of the signature of another is forging or counterfeiting, whether or not an attempt is made to imitate the handwriting” (¶ 71.c(5)).
Receipts for Government property
For short delivery against a receipt, it is “immaterial by what means” the accused carried it out or what the purpose was (¶ 71.c(6)). For signing a receipt without full knowledge, a person authorized to certify delivery has a duty to know, before signing, that the full amount stated was actually furnished. Signing with knowledge that the full amount was not received supports an inference of intent to defraud (¶ 71.c(7)).
5 years for claims, and a $1,000 line for receipts
From ¶ 71.d:
| Offense | Maximum |
|---|---|
| False claims and false papers, oaths, or signatures (§ 924(1) and (2)) | Dishonorable discharge, forfeiture of all pay and allowances, 5 years |
| Receipt offenses (§ 924(3) and (4)), $1,000 or less | Bad-conduct discharge, forfeiture of all pay and allowances, 6 months |
| Receipt offenses (§ 924(3) and (4)), more than $1,000 | Dishonorable discharge, forfeiture of all pay and allowances, 5 years |
Related fraud and falsity offenses
Taking Government money by false pretense, rather than presenting a claim, can be larceny under Article 121. Signing a false official document or making a false official statement, knowing it to be false and with intent to deceive, is charged under Article 107. Falsely making a signature, with intent to defraud, on a writing that would, if genuine, apparently impose a legal liability on another is forgery under Article 105.
Sources
- 10 U.S.C. § 924, Article 124, Frauds against the United States (Cornell LII)
- Manual for Courts-Martial, United States (2024 ed.), Part IV, ¶ 71
General information about military law, not legal advice for any individual case.