926
Government Instrumentality
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The fraud of wrongful use of a government instrumentality is
characterized by the lack of threatened or real pecuniary or proprietary
loss,
or obstruction of governmental activity. An example of such a scheme might
be
the use of false United States Internal Revenue Service receipts to defraud
private persons of money. Furthermore, the United States has the right to
ensure
that funds be administered in accordance with law and honesty without
corrupt
influence or bribery.
Thus, a scheme to defraud the United States can range from directly
cheating or swindling money or property from the government to simply using
the
government in a wrongful fashion with the only injury being to the pride and
integrity of the government. The case law demonstrates, moreover, that any
injury to the integrity of the government is sufficient.
[cited in USAM 9-42.001] | |