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.]