Stolen Valor, dispelling rumors

The Fayetteville Observer paid homage to us and our friends the other day in their editorial section when they wrote about stolen valor.

It’s also fortunate that we’ve got groups like Green Beret Posers Exposed, This Ain’t Hell and Guardian of Valor. Those volunteers check the military records of people who claim to be heroes, and they expose the frauds on websites.

[…]

“It’s just about righting wrong,” Tim Howle of Green Beret Posers Exposed told an Observer reporter. “We hold certain values of honesty and integrity as a basis for our being. If nobody else is going to stand up to these guys, we feel we have to do it.”

Tim Howle can take credit for the bust we did yesterday of “Sonny” Cool. The problem with the Fayetteville Observer piece is that they are continuing the rumor that stolen valor is now legal because the Ninth Circuit says so. It’s not. The law that the Stolen Valor Act affects is Title 18 of the U.S.Code, Section 704, which still makes it a crime to buy and sell the stuff that phonies wear;

18 U.S. Code § 704 – Military medals or decorations

(a)In General.—
Whoever knowingly 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)Fraudulent Representations About Receipt of Military Decorations or Medals.—

Whoever, with intent to obtain money, property, or other tangible benefit, fraudulently holds oneself out to be a recipient of a decoration or medal described in subsection (c)(2) or (d) shall be fined under this title, imprisoned not more than one year, 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) 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 10or section 491 of title 14;
(B) a duplicate medal of honor issued under section 3754, 6256, or 8754 of title 10or section 504 of title 14; or
(C) a replacement of a medal of honor provided under section 3747, 6253, or 8747 of title 10or section 501 of title 14.

(d) Enhanced Penalty for Offenses Involving Certain Other Medals.—
(1)In general.—
If a decoration or medal involved in an offense described in subsection (a) 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?[1] 10, a silver star awarded under section 3746, 6244, or 8746 of title 10, a Purple Heart awarded under section 1129 of title 10, a combat badge, 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.
(2)Combat badge defined.—
In this subsection, the term “combat badge” means a Combat Infantryman’s Badge, Combat Action Badge, Combat Medical Badge, Combat Action Ribbon, or Combat Action Medal.

The Ninth Circuit’s decision 1) has nothing to do with the above law, 2) has no effect outside the jurisdiction of the Ninth Circuit way over there on the other side of the country. Elvin Swisher was arrested under the 2005 version of the law, and he didn’t directly profit from wearing his Purple Heart on the witness stand – the reason he was prosecuted, so the Ninth Circuit merely upheld their decision of their previous rulings. Their ruling last month had nothing to do with the way the law is written now.

We do appreciate the Fayetteville Observer’s endorsement of our work, though.

Category: Stolen Valor Act