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Friday, December 8, 2006
House OKs bill mandating tougher punishment for military imposters
By <mailto:shanel@...> Leo Shane III, Stars and Stripes
Mideast edition, Friday, December 8, 2006
WASHINGTON - A bill mandating tougher punishment for military imposters
gained final approval from the House on Wednesday, and will now go to the
president to be signed into law.
The legislation, dubbed the "stolen valor act," calls for up to six months
in prison for anyone who falsely claims to have earned a military honor, and
up to a year in prison for fraudulently wearing a Purple Heart, Silver Star
or other high military honor.
Both crimes would also be classified as felonies, which can carry additional
penalties such as limits on gun ownership and disqualification from certain
public offices, depending on the state.
Under current law, anyone caught wearing a military medal they did not earn
faces a misdemeanor charge and up to six months in prison, but law
enforcement can't do anything to someone simply displaying or claiming to
have earned the honor.
House officials on Wednesday said the change closes that critical loophole
and helps protect the integrity of the military awards.
"These frauds have diminished the honor of our military heroes," said Rep.
John Salazar, D-Colo., who introduced the original version of the measure.
"They use it to gain credibility for themselves, and often go on to commit
even worse crimes."
Along with cases of individuals using the fake medals to gain speaking
engagements and community leadership roles, Salazar referenced crimes
committed in 2004 by retired Marine Sgt. Gary Lakis, who claimed fake combat
experience and nonexistent Silver Stars in order to gain $66 million in
defense contracts to provide training to the service.
The military revoked those contracts once Lakis was found to be lying about
much of his military career, but he fled the country before FBI
investigators could arrest him and charge him with fraud.
Rep. John Kline, R-Minn., said awards such as the Purple Heart "hold a
deeper meaning and value for servicemen that far outweighs their monetary
worth," and called the bill a chance to honor the sacrifice of all troops by
preserving the military's legacy.
The tougher penalties are backed by a number of veterans groups, including
the Vietnam Veterans of America and the Military Order of the Purple Heart.
As of late last week, supporters thought the bill likely wouldn't pass this
session because of House Republican leadership's resistance to moving a
measure proposed by Salazar, a first-term Democrat.
The measure approved yesterday was a nearly identical bill sponsored by Sen.
Kent Conrad, D-N.D., which was approved by the full Senate in September.
The White House has not released any timetable for when the bill could be
signed into law.
C 2006 Stars and Stripes. All Rights Reserved.
Stolen Valor Act of 2005 (Engrossed as Agreed to or Passed
by Senate)
S 1998 ES
109th CONGRESS
2d Session
S. 1998
AN ACT
To amend title 18, United States Code, to enhance protections relating to
the reputation and meaning of the Medal of Honor and other military
decorations and awards, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Stolen Valor Act of 2005'.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Fraudulent claims surrounding the receipt of the Medal of Honor, the
distinguished-service cross, the Navy cross, the Air Force cross, the Purple
Heart, and other decorations and medals awarded by the President or the
Armed Forces of the United States damage the reputation and meaning of such
decorations and medals.
(2) Federal law enforcement officers have limited ability to prosecute
fraudulent claims of receipt of military decorations and medals.
(3) Legislative action is necessary to permit law enforcement officers to
protect the reputation and meaning of military decorations and medals.
SEC. 3. ENHANCED PROTECTION OF MEANING OF MILITARY DECORATIONS AND MEDALS.
(a) Expansion of General Criminal Offense- Subsection (a) of section 704 of
title 18, United States Code, is amended by striking `manufactures, or
sells' and inserting `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'.
(b) Establishment of Criminal Offense Relating to False Claims About Receipt
of Decorations and Medals- Such section 704 is further amended--
(1) by redesignating subsection (b) as subsection (c);
(2) by inserting after subsection (a) the following:
`(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.'; and
(3) in paragraph (1) of subsection (c), as redesignated by paragraph (1) of
this subsection, by inserting `or (b)' after `subsection (a)'.
(c) Enhanced Penalty for Offenses Involving Certain Other Medals- Such
section 704 is further amended by adding at the end the following:
`(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.'.
(d) Conforming Amendments- Subsection (c) of such section 704, as so
redesignated, is further amended--
(1) by inserting `Enhanced Penalty for Offenses Involving' before
`Congressional Medal of Honor'; and
(2) by striking paragraph (2) and inserting the following:
`(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.'.
Passed the Senate September 7 (legislative day, September 6), 2006.
Attest:
Secretary.
solthum
House OKs bill mandating tougher punishment for military imposters
By <mailto:shanel@...> Leo Shane III, Stars and Stripes
Mideast edition, Friday, December 8, 2006
WASHINGTON - A bill mandating tougher punishment for military imposters
gained final approval from the House on Wednesday, and will now go to the
president to be signed into law.
The legislation, dubbed the "stolen valor act," calls for up to six months
in prison for anyone who falsely claims to have earned a military honor, and
up to a year in prison for fraudulently wearing a Purple Heart, Silver Star
or other high military honor.
Both crimes would also be classified as felonies, which can carry additional
penalties such as limits on gun ownership and disqualification from certain
public offices, depending on the state.
Under current law, anyone caught wearing a military medal they did not earn
faces a misdemeanor charge and up to six months in prison, but law
enforcement can't do anything to someone simply displaying or claiming to
have earned the honor.
House officials on Wednesday said the change closes that critical loophole
and helps protect the integrity of the military awards.
"These frauds have diminished the honor of our military heroes," said Rep.
John Salazar, D-Colo., who introduced the original version of the measure.
"They use it to gain credibility for themselves, and often go on to commit
even worse crimes."
Along with cases of individuals using the fake medals to gain speaking
engagements and community leadership roles, Salazar referenced crimes
committed in 2004 by retired Marine Sgt. Gary Lakis, who claimed fake combat
experience and nonexistent Silver Stars in order to gain $66 million in
defense contracts to provide training to the service.
The military revoked those contracts once Lakis was found to be lying about
much of his military career, but he fled the country before FBI
investigators could arrest him and charge him with fraud.
Rep. John Kline, R-Minn., said awards such as the Purple Heart "hold a
deeper meaning and value for servicemen that far outweighs their monetary
worth," and called the bill a chance to honor the sacrifice of all troops by
preserving the military's legacy.
The tougher penalties are backed by a number of veterans groups, including
the Vietnam Veterans of America and the Military Order of the Purple Heart.
As of late last week, supporters thought the bill likely wouldn't pass this
session because of House Republican leadership's resistance to moving a
measure proposed by Salazar, a first-term Democrat.
The measure approved yesterday was a nearly identical bill sponsored by Sen.
Kent Conrad, D-N.D., which was approved by the full Senate in September.
The White House has not released any timetable for when the bill could be
signed into law.
C 2006 Stars and Stripes. All Rights Reserved.
Stolen Valor Act of 2005 (Engrossed as Agreed to or Passed
by Senate)
S 1998 ES
109th CONGRESS
2d Session
S. 1998
AN ACT
To amend title 18, United States Code, to enhance protections relating to
the reputation and meaning of the Medal of Honor and other military
decorations and awards, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Stolen Valor Act of 2005'.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Fraudulent claims surrounding the receipt of the Medal of Honor, the
distinguished-service cross, the Navy cross, the Air Force cross, the Purple
Heart, and other decorations and medals awarded by the President or the
Armed Forces of the United States damage the reputation and meaning of such
decorations and medals.
(2) Federal law enforcement officers have limited ability to prosecute
fraudulent claims of receipt of military decorations and medals.
(3) Legislative action is necessary to permit law enforcement officers to
protect the reputation and meaning of military decorations and medals.
SEC. 3. ENHANCED PROTECTION OF MEANING OF MILITARY DECORATIONS AND MEDALS.
(a) Expansion of General Criminal Offense- Subsection (a) of section 704 of
title 18, United States Code, is amended by striking `manufactures, or
sells' and inserting `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'.
(b) Establishment of Criminal Offense Relating to False Claims About Receipt
of Decorations and Medals- Such section 704 is further amended--
(1) by redesignating subsection (b) as subsection (c);
(2) by inserting after subsection (a) the following:
`(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.'; and
(3) in paragraph (1) of subsection (c), as redesignated by paragraph (1) of
this subsection, by inserting `or (b)' after `subsection (a)'.
(c) Enhanced Penalty for Offenses Involving Certain Other Medals- Such
section 704 is further amended by adding at the end the following:
`(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.'.
(d) Conforming Amendments- Subsection (c) of such section 704, as so
redesignated, is further amended--
(1) by inserting `Enhanced Penalty for Offenses Involving' before
`Congressional Medal of Honor'; and
(2) by striking paragraph (2) and inserting the following:
`(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.'.
Passed the Senate September 7 (legislative day, September 6), 2006.
Attest:
Secretary.
solthum
I often wondered why so many seemed to be able to get away with that kind of fraud. Hope the law passes although the sentences seem light.
