ARTICLE 107 UCMJ PDF

False Official Statement. MCM, pt. That the accused signed a certain official document or made a certain official statement; That the document or statement was false in certain particulars; That the accused knew it to be false at the time of signing it or making it; and That the false document or statement was made with the intent to deceive. Relation to Federal Statute.

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UCMJ Article False Official Statements; False Swearing The MCM states under Article False Official Statements; False Swearing any service member may be prosecuted for false official statements if they: sign any false record, return, regulation, order, or other official document, knowing it to be false; or make any other false official statement knowing it to be false. A service member may be prosecuted under Article for false swearing if they: take an oath that is administered in a matter in which such oath is required or authorized by law; and is administered by a person with authority to do so; and upon such oath, makes or subscribes to a statement; if the statement is false and at the time of taking the oath, the person does not believe the statement to be true.

In order to be convicted for false official statements, the prosecution must demonstrate: the accused signed a certain official document or made a certain official statement; the document or statement was false in certain particulars; the accused knew it to be false at the time of signing it or making it; and the false document or statement was made with the intent to deceive.

A conviction for false swearing requires the prosecution to prove: the accused took an oath or equivalent; the oath or equivalent was administered to the accused in a matter in which such oath or equivalent was required or authorized by law; the oath or equivalent was administered by a person having authority to do so; upon this oath or equivalent the accused made or subscribed a certain statement; the statement was false; and the accused did not then believe the statement to be true.

Understanding Article False official statements; false swearing of the UCMJ False Official Statements: Statements may be made orally or in writing and include records, returns, regulations, orders, or other documents. Official statements are those that affect military functions, which encompass matters within the jurisdiction of the military departments and services.

The false representation must be made with the intent to deceive and the accused must be aware the representation is false. It is not necessary that the false statement be material to the issue inquiry. If, however, the falsity is in respect to a material matter, it may be considered as some evidence of the intent to deceive, while immateriality may tend to show an absence of this intent.

The rank or status of any person intended to be deceived is immaterial if that person was authorized in the execution of a particular duty to require or receive the statement from the accused. The Government may be the victim of this offense. False Swearing: False swearing is the making, under a lawful oath or equivalent, of any false statement, oral or written, not believing the statement to be true.

Unlike a false official statement, there is no requirement that the statement be made with an intent to deceive or that the statement be official. Maximum Possible Punishment for Violations of Article Service members convicted of an Article for false official statement violation face a maximum punishment of dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years.

Those convicted of Article violations of false searing face a maximum possible punishment of dishonorable discharge, forfeiture of all pay and allowances, and confinement for 3 years. When you are facing the combined resources of the military as well as the current cultural climate, you need to be prepared to defend your career and your freedom. Crisp and Associates, LLC has a team of experienced trial attorneys who have won these cases.

Donald Gordon has litigated cases before the Discharge Review Board, the Board for Correction of Military Records, and the Board for Correction of Naval Records regarding a wide variety of matters and a diverse background of clients If you or someone you know is facing Article charges for False Official Statements; False Swearing, you need to speak with a Military defense attorney right away.

Please call Crisp and Associates Military at for a free consultation.

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Article 107 False Official Statements

Worldwide Since Article False Official Statements False official statement is one of the most commonly alleged offenses in the manual for courts-martial. It includes all statement and documents made in the line of duty. The elements of false official statement under Article , UCMJ are: That the accused signed a certain official document or made a certain official statement; That the document or statement was false in certain particulars; That the accused knew it to be false at the time of signing it or making it; and, That the false document or statement was made with the intent to deceive. A false official statement does not require material gain.

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ARTICLE 107 MAKING FALSE OFFICIAL STATEMENTS

UCMJ Article False Official Statements; False Swearing The MCM states under Article False Official Statements; False Swearing any service member may be prosecuted for false official statements if they: sign any false record, return, regulation, order, or other official document, knowing it to be false; or make any other false official statement knowing it to be false. A service member may be prosecuted under Article for false swearing if they: take an oath that is administered in a matter in which such oath is required or authorized by law; and is administered by a person with authority to do so; and upon such oath, makes or subscribes to a statement; if the statement is false and at the time of taking the oath, the person does not believe the statement to be true. In order to be convicted for false official statements, the prosecution must demonstrate: the accused signed a certain official document or made a certain official statement; the document or statement was false in certain particulars; the accused knew it to be false at the time of signing it or making it; and the false document or statement was made with the intent to deceive. A conviction for false swearing requires the prosecution to prove: the accused took an oath or equivalent; the oath or equivalent was administered to the accused in a matter in which such oath or equivalent was required or authorized by law; the oath or equivalent was administered by a person having authority to do so; upon this oath or equivalent the accused made or subscribed a certain statement; the statement was false; and the accused did not then believe the statement to be true. Understanding Article False official statements; false swearing of the UCMJ False Official Statements: Statements may be made orally or in writing and include records, returns, regulations, orders, or other documents.

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UCMJ Article 107: False Official Statement

Articles 77 through of the UCMJ are known as the "punitive articles. Many will also likely have civilian court cases as well if other local laws were broken too such as driving drunk to rape or murder. Chapter 4 of the MCM includes, and expands on the punitive articles. Elements: These are the specifics of the offense. To support a finding of "guilty," the government must prove each element of the offense, beyond a reasonable doubt.

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False Official Statement. MCM, pt. IV, 31; UCMJ art. 107

Fenrikazahn Eyewitness statement confirm this fact. Composition of Courts-Martial I filed congressionals but my deployed chain of command simply lied and blamed me. The doctrine has no legitimate statutory or constitutional basis and is not a defense to 18 U. Can I Still Be Convicted? Frazier34 M.

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