Elements of Offenses18 U.S.C. § 495
The first three paragraphs of 18 U.S.C. § 495 set forth three
offenses: forgery, uttering a forged instrument, and presentation of a false
writing to an officer of the United States in support of a claim against the
government. The second and third paragraphs specifically contain "intent to
defraud the United States" as an element of those offenses. However, the
provision, 18 U.S.C. § 495(1), makes no mention of "intent to defraud
United States." Nevertheless, the courts have interpreted the word "forgery"
used in the statute to embody the concept of forgery that existed at common
See Gilbert v. United States, 370 U.S. 650 (1961); United
v. Hill, 579 F.2d 480 (8th Cir. 1978). Under common law forgery, it was
incumbent on the prosecution to establish an intent to defraud.
prosecutions initiated under 18 U.S.C. § 495, the government must prove
the defendant possessed the requisite intent to defraud the United
[cited in USAM 9-64.133]