UCMJ Article 132 – Frauds Against the United States

UCMJ Article 132 criminalizes acts of fraud by service members against the United States government. Fraud includes knowingly making false claims, presenting false documents, or concealing facts to obtain pay, allowances, property, or services. Because military operations rely on honesty, accountability, and the proper use of government resources, fraud undermines discipline and directly harms the efficiency and reputation of the armed forces.

This article ensures that service members who attempt to enrich themselves through deception face serious consequences. It applies to fraud involving both money and property, whether the amount is large or small.

Key Elements

The prosecution must prove:

  1. That the accused knowingly made a false or fraudulent claim against the United States.
  2. That the claim was made for money, property, or something of value.
  3. That the accused intended to defraud the United States.
  4. That the claim was material and capable of deceiving or influencing the government.

Scope and Application

Article 132 applies to a wide range of misconduct, including:

  • Submitting false travel vouchers or expense reports.
  • Claiming allowances for dependents who do not exist.
  • Falsifying documents to obtain pay or property.
  • Concealing facts to continue receiving unauthorized benefits.

Fraud does not require success. The crime is complete once the false claim is knowingly made with intent to deceive, even if the government detects it before payment.

Punishment

  • Maximum punishment: Dishonorable discharge, forfeiture of all pay and allowances, and confinement for up to 5 years.

Defenses

Possible defenses include:

  • No intent to defraud: If the false statement was an error or misunderstanding without intent to deceive.
  • Not material: If the statement was not significant enough to influence government action.
  • Lack of knowledge: If the accused did not know the information provided was false.
  • Lawful entitlement: If the accused was in fact entitled to the money or property claimed.

Examples

If a soldier knowingly submits a false claim for travel expenses, Article 132 applies. If a Marine claims housing allowances for a spouse after divorce, it is fraud. If an airman creates false receipts to obtain reimbursements, it qualifies. By contrast, if a sailor makes an honest clerical error without intent, it may not be fraud.

Conclusion

Article 132 protects the United States government and the integrity of the armed forces from fraud. It ensures that service members who attempt to exploit the system for personal gain are held accountable. By punishing fraudulent claims, the UCMJ reinforces honesty, discipline, and trust within the military community.

Frequently Asked Questions

1. What does Article 132 define as fraud?
Fraud is knowingly making false or misleading claims to obtain money, property, or benefits from the U.S. government. It requires intent to deceive and materiality. This includes falsified documents, false statements, or deliberate concealment. Fraud undermines accountability and is punished severely.

2. Does the fraud need to succeed for guilt?
No. The offense is complete once the accused knowingly submits a false claim with intent to defraud. Even if the government discovers the fraud immediately, liability still attaches. The attempt alone is enough to violate Article 132. The law punishes both completed and attempted fraud.

3. What is the maximum punishment for fraud under the UCMJ?
Dishonorable discharge, forfeiture of all pay and allowances, and confinement for up to 5 years. This reflects the seriousness of abusing public funds and betraying military trust. Sentencing may vary depending on the amount involved and circumstances. Fraud against the government is always treated as a felony-level offense.

4. What if the accused made an honest mistake?
Fraud requires knowledge and intent to deceive. An honest mistake, such as miscalculating expenses, does not qualify. The prosecution must prove beyond a reasonable doubt that the accused acted knowingly and wrongfully. Good faith errors are not punishable as fraud.

5. Can dependents’ benefits be part of fraud cases?
Yes. Claiming allowances for dependents who are not eligible, such as after divorce or when they no longer qualify, can be fraud. Misrepresentation to obtain Basic Allowance for Housing (BAH) or other benefits is common in Article 132 cases. Such misconduct harms both finances and integrity.

6. How does Article 132 relate to Article 107 (false official statements)?
Article 107 punishes making false official statements generally. Article 132 specifically targets false claims for money, property, or services against the United States. If a false statement is made in a financial claim, both articles may apply. The distinction ensures financial fraud is punished directly.

7. Does Article 132 apply only to large sums of money?
No. Fraud of any amount can be charged under Article 132. While the value may influence sentencing, the key factor is the intent to deceive. Even small fraudulent claims erode trust and accountability. The law enforces honesty at all levels.

8. Can fraud be committed electronically?
Yes. Submitting false claims through electronic systems, emails, or digital forms is still fraud under Article 132. The method of submission does not matter. The focus is on knowingly submitting false information to obtain value. Digital fraud is increasingly prosecuted in modern cases.

9. What defenses are most common?
Common defenses include lack of intent, lack of knowledge, clerical errors, or proof that the entitlement was lawful. The government must prove intent and falsity beyond a reasonable doubt. If the accused can show good faith or legitimate entitlement, liability may not attach.

10. Why is Article 132 important for military discipline?
Because fraud damages the credibility of the military and wastes government resources. It undermines trust between service members and leadership. Strict enforcement of Article 132 deters misconduct and protects financial integrity. It ensures that benefits and resources go only to those entitled to them.

Sources

  • Uniform Code of Military Justice, 10 U.S.C. § 932, Article 132
  • Manual for Courts-Martial, United States (2024 edition)
  • Army Regulation 27-10, Military Justice
  • Navy JAGMAN (Judge Advocate General’s Manual) § 0164
  • Air Force Instruction 51-201, Administration of Military Justice
  • Court of Appeals for the Armed Forces, United States v. Hutchins, 73 M.J. 433 (2014)
  • Military Attorney Joseph L. Jordan, Articles of the UCMJ web page

This content is for informational purposes only. If you are facing issues related to Article 132 or any other UCMJ provision, you should consult a qualified military attorney.

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