United States v. Ford

Chief Judge HODGSON

(concurring in the result):

I am in full agreement with the majority’s disposition of this case. However, I would go farther and hold that while money buys weapons and material which become military property, the money itself does not attain that status. Thus, it’s nature as appropriated or non-appropriated funds is immaterial, and a nexus must exist between the property alleged as military in nature and its intended use by the military.

At trial the prosecution successfully maintained that while money and commercial paper themselves are not uniquely military in nature, the…