United States v. Leonard Joe Clark

Appellant, a civilian employee of the Government, was convicted of submission of a false claim in violation of 18 U.S.C. § 287 , by submission of a false travel voucher supporting a permanent change-of-station move from Grafton, North Dakota, to Conrad, Montana.

The falsification was with respect to the date of travel. Appellant first submitted a voucher truthfully showing his arrival at Conrad on July 19,1966. Upon learning that more liberal allowances had become available under the United States Air Force Joint Travel Regulations, effective July 21, 1966, he filed a corrected voucher showing his arrival date as July 21, 1966, in order to bring himself within the change in regulations. In support of the new voucher he submitted a false itinerary showing himself to be en route to Conrad until and including the 21st.

The first trial of the case was held at Great Falls, Montana and ended in mistrial. The District Court then set the second trial at Helena, Montana, ninety miles away. This trial resulted in conviction. Appellant objected to the change as an impermissible change in venue. It was not a change in venue but a change among the court-created divisions of the District of…