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Was this a criminal act?

 
 
pistoff
 
Reply Sat 17 Apr, 2004 09:21 pm
"...The end of July 2002, they need $700 million, a large amount of money for all these tasks. And the president approves it. But Congress doesn't know and it is done. They get the money from a supplemental appropriation for the Afghan War, which Congress has approved. ...Some people are gonna look at a document called the Constitution which says that no money will be drawn from the treasury unless appropriated by Congress. Congress was totally in the dark on this." Bob Woodward


*Isn't that a crime?

Doesn't the $700 Million diversion violate the Anti-Deficiency Act, which forbids the government from spending funds for purposes for which they were not appropriated?

Any attorneys here?
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pistoff
 
  1  
Reply Sat 17 Apr, 2004 09:45 pm
?
Anti-Deficiency Act, here are the provisions...

Sec. 1341. - Limitations on expending and obligating amounts

(a)

(1)

An officer or employee of the United States Government or of the District of Columbia government may not -

(A)

make or authorize an expenditure or obligation exceeding an amount available in an appropriation or fund for the expenditure or obligation;

(B)

involve either government in a contract or obligation for the payment of money before an appropriation is made unless authorized by law;

(C)

make or authorize an expenditure or obligation of funds required to be sequestered under section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985; or

(D)

involve either government in a contract or obligation for the payment of money required to be sequestered under section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985.

(2)

This subsection does not apply to a corporation getting amounts to make loans (except paid in capital amounts) without legal liability of the United States Government.

(b)

An article to be used by an executive department in the District of Columbia that could be bought out of an appropriation made to a regular contingent fund of the department may not be bought out of another amount available for obligation

http://www4.law.cornell.edu/uscode/31/1341.html

Sec. 1350. - Criminal penalty

An officer or employee of the United States Government or of the District of Columbia government knowingly and willfully violating section 1341(a) or 1342 of this title shall be fined not more than $5,000, imprisoned for not more than 2 years, or both

http://www4.law.cornell.edu/uscode/31/1350.html
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