AFCCA yesterday issued this published opinion fleshing out CAAF’s recent guidance on officiality for Article 107 purposes.  United States v. Passut, __ M.J. __, No. ACM 37755 (A.F. Ct. Crim. App. Apr. 16, 2013).  AFCCA held that due to AAFES’s status as a military instrumentality, a false statement made to an AAFES shopette cashier for the purpose of cashing a worthless check is official.  But a false statement made to an employee of a civilian bank located at a military exchange complex is not.

Judge Hecker wrote for a unanimous panel.

[Insert familiar disclosure here.]

One Response to “Published AFCCA decision on false official statements”

  1. ResIpsaLoquitur says:

    Hmmmm.  I thought caselaw held that you can’t charge theft of military property for stealing from AAFES because AAFES is *not* a military entity, and you could only charge conventional larceny.  I wonder if anybody pointed to that distinction in trying to argue that AAFES isn’t “official”?  I don’t see it in the opinion.