Phony War Heroes Under Investigation

[82Rigger]

On Veterans Day, FBI Focusing on Hundreds of False Claims



By VIC WALTER and ANNA SCHECTER
November 11, 2008



On a day when Americans honor those who have served their country in the military, many of whom have been wounded, physically and emotionally by war, the FBI told ABC News that it is investigating hundreds of reports of phony heroes who have lied about their military experience or the awards and medals they claim they received for their valor in combat.

"I think it is disgusting," said Mike Sanborn, a former Marine and the FBI agent currently in charge of tracking down phony war heroes.

Sanborn said he has been alerted to more than 200 cases of phony heroes in the last year and he says the problem is growing because of the two-front war — in Iraq and Afghanistan — that Americans are fighting.

ABC News reported in March that a North Carolina man, who claimed he had served as an Army Ranger on tours in Iraq, Afghanistan, Bosnia, Panama and Grenada and had earned medals, including the Purple Heart, was found guilty of peddling a false military record in order to collect thousands of dollars in soldier disability payments.

Randall Moneymaker's claims to collect more than $18,000 in disability payments were numerous. In a Veterans Affairs compensation and pension medical exam, he claimed he "had been involved in numerous combat situations, including RPG attacks and firefights," according to the federal indictment against him.

Topping his claims, Moneymaker said he had the scars from combat service, but federal authorities said the scars match a liposuction procedure he had undergone. Moneymaker has been sentenced to three years in jail, according to the Army Times.

"It is despicable for anyone to say they were in the military when they were not and even more despicable to lie about receiving a medal for valor in combat," said Special Agent Thomas Cottone, Jr, formerly a lead investigator into the illegal use and wearing of military awards and decorations.

Cottone said the Stolen Valor Act, signed into law in December of 2006, made it easier to prosecute imposters posing as war heroes who lied about their medals. The law also increased the penalty, and those convicted could face prison time and a fine of up to $100,000, according to Cottone.

Stolen valor watchdogs say the federal government should have a complete database of veterans and their military histories including the medals they were awarded in order to deter imposters and help federal authorities find and prosecute them.

Doug Sterner, a decorated Army sergeant who served in Vietnam and who maintains the most comprehensive database of military medals in the country, has been advocating for a federally run database for years. He authored much of the language in a bill pending in Congress that would mandate the Defense Department to maintain such a database.

Sterner says he gets four to six reports per week of phony war heroes who claim medals of valor. "There are so many that the FBI just can't handle them all," he said.

Sanborn said that there is limited manpower to address the issue, but nonetheless, "the word is spreading and it's getting out there that the people that are doing this will be prosecuted aggressively."

[SuperScout]

I say prosecute them to the fullest extent of the law.

Didn't someone on this site once correct me, saying the the Stolen Valor Act only provided penalties as a misdemenor? Prison time and a $100,000 fine sounds like a felony to me!! As well it should be.

[82Rigger]

Brice,

Yeah, that was me that advised you that it was a federal misdemeanor offense.

Here is Title 18 Part I Chapter 33 § 704 of the U.S. Code:


§ 704. Military medals or decorations

(a) In General.— Whoever knowingly wears, purchases, attempts to purchase, solicits for purchase, mails, ships, imports, exports, produces blank certificates of receipt for, manufactures, sells, attempts to sell, advertises for sale, trades, barters, or exchanges for anything of value any decoration or medal authorized by Congress for the armed forces of the United States, or any of the service medals or badges awarded to the members of such forces, or the ribbon, button, or rosette of any such badge, decoration or medal, or any colorable imitation thereof, except when authorized under regulations made pursuant to law, shall be fined under this title or imprisoned not more than six months, or both.

(b) False Claims About Receipt of Military Decorations or Medals.— Whoever falsely represents himself or herself, verbally or in writing, to have been awarded any decoration or medal authorized by Congress for the Armed Forces of the United States, any of the service medals or badges awarded to the members of such forces, the ribbon, button, or rosette of any such badge, decoration, or medal, or any colorable imitation of such item shall be fined under this title, imprisoned not more than six months, or both.

(c) Enhanced Penalty for Offenses Involving Congressional Medal of Honor.—
(1) In general.— If a decoration or medal involved in an offense under subsection (a) or (b) is a Congressional Medal of Honor, in lieu of the punishment provided in that subsection, the offender shall be fined under this title, imprisoned not more than 1 year, or both.
(2) Congressional medal of honor defined.— In this subsection, the term “Congressional Medal of Honor” means—
(A) a medal of honor awarded under section 3741, 6241, or 8741 of title 10 or section 491 of title 14;
(B) a duplicate medal of honor issued under section 3754, 6256, or 8754 of title 10 or section 504 of title 14; or
(C) a replacement of a medal of honor provided under section 3747, 6253, or 8747 of title 10 or section 501 of title 14.

(d) Enhanced Penalty for Offenses Involving Certain Other Medals.— If a decoration or medal involved in an offense described in subsection (a) or (b) is a distinguished-service cross awarded under section 3742 of title 10, a Navy cross awarded under section 6242 of title 10, an Air Force cross awarded under section 8742 of section 10, a silver star awarded under section 3746, 6244, or 8746 of title 10, a Purple Heart awarded under section 1129 of title 10, or any replacement or duplicate medal for such medal as authorized by law, in lieu of the punishment provided in the applicable subsection, the offender shall be fined under this title, imprisoned not more than 1 year, or both.

I don't know much about law, but I'm thinking that multiple separate charges can be brought for a single case.

You can be charged for purchasing and wearing the medal(s), you can be separately charged for falsely representing the award of the medal(s), and you can be separately charged under the enhanced penalty if certain medals are involved (section (d)).

If that POS in the article above actually received any benefits, I would think he could be charged with fraud as well.