Law Barring Lies About Military Medals Faces Test

[jamierd]

it is my persoanl belief that fraud does come into this even if only on a small scale as these people more often than not are outed by being seen at public events honoring those who did earn said awards and ok its only a free meal and a few drinks but it is still fraud. And lets face it most of us here if we were at these functions bump into someone wearing CMH or a VC would buy them a drink.IF they were wearing that because they bought it on Ebay and thought they would enjoy the attention then its fraud

 

[evangilder]

Well, the CMH is protected under US federal law:

All Medals of Honor are issued in the original only, by the Department of Defense, to a recipient. Misuse of the medal, including unauthorized manufacture or wear, is punishable by a fine up to $100,000 and imprisonment up to one year pursuant to 18 U.S.C. § 704(b). After the Army redesigned its medal in 1903, a patent was issued (USD37,236) (1904-11-22) United States Army, United States Medal of Honor. ) to legally prevent others from making the medal. When the patent expired, the Federal government enacted a law making it illegal to produce, wear, or distribute the Medal of Honor without proper authority. A number of veterans' organizations and private companies devote themselves to exposing those who falsely claim to have received the Medal of Honor.

While wearing of any medal you did not receive from the military is wrong, wearing the CMH or the Purple Heart without officially receiving one should be illegal and heavily punishable.

 

[Clay_Allison]

Falsely claiming to have won medals in combat does have harm, as these people have materially defrauded people out of valuable considerations based on their false medals.

 

[DerAdlerIstGelandet]

Falsely claiming to have won medals in combat does have harm, as these people have materially defrauded people out of valuable considerations based on their false medals.

Ditto

I talked to a friend of mine who actually was awarded a Purple Heart in Iraq. He said that it really hurts him when people falsly claim to have been awarded it.

 

[Clay_Allison]

This is definitely a "yelling 'fire' in a crowded theater" situation, when it comes to free speech.

 

[vikingBerserker]

I sometimes think the pillory would be such an appropriate punishment for things like this.

 

[Glider]

Falsely claiming to have won medals in combat does have harm, as these people have materially defrauded people out of valuable considerations based on their false medals.

totally agree

 

[ccheese]

There is a very lengthy article in the [Norfolk] Virginian Pilot, today about this. Jonathan Turley, a professor at George
Washington Univ. Law School who is not involved in the two cases before the courts, said The Stolen Valor Act raises
serious constitutional questions because it in effect bans bragging or exaggerating about yourself.

"Half the pick-up lines in bars across the country could be criminalized under that concept", he said. Defense attorneys say
the law is problematic in that it does not require the lie to be part of a scheme for gain. Turley said someone lying about having
a medal to profit financially should instead be charged with fraud.

So far, those prosecuted for lying about or wearing medals they are not entitled to have not received any jail time. All the
imposters have been ordered to perform community service.

The article is much too long to post here. The article is by Dan Elliott, of the the Associated Press and I hope in other
newspapers across the country. It's good reading, I recommend it.

Charles

 

[Colin1]

...The Stolen Valor Act raises serious constitutional questions because it in effect bans bragging or exaggerating about yourself.

"Half the pick-up lines in bars across the country could be criminalized under that concept", he said.

Defense attorneys say the law is problematic in that it does not require the lie to be part of a scheme for gain

How many of those pick-up lines were made in uniforms not earned, wearing medals not awarded? Not many I'd guess. I don't think the distinction between bar-room warriors and those who attempt to pass themselves off as veterans of conflicts by wearing regalia and medals not rightfully theirs, is particularly fuzzy.

There IS gain, there is always gain in dishonest behaviour. The individual is attempting to gain a higher social standing by elevating his own personal attributes beyond what he could have done honestly.

 

[ccheese]

I am not trying to defend or condone wearing a medal you are not entitled to wear, but it appears the courts are
considering this a very gray area. If a guy, in a bar, attempting to pick up a female, tells her he is a corporate CEO,
[and he's not], he is lying with the intent to impress the female in question. He is not trying to cheat her out of anything
but her time. And he is probably trying to "score". Some lawyers see the bragging about being a war hero in the same
light, they are not after financial gain, they are trying to impress someone.

Most courts that have prosecuted these wannabe heros have not given them jail time, but hours of community service.
In my opinion they do not deserve to be free to walk the streets, they should be jailed.

I just wonder if the military could call them back into the service and prosecute them under the UCMJ ????

Charles

 

[wheelsup_cavu]

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I just wonder if the military could call them back into the service and prosecute them under the UCMJ ????

Charles

I would think that would only be a possiblity if they served in the first place.


Wheels

 

[RabidAlien]

Saying you have a medal just to get into some chick's pants makes a guy a scumbag. Dressing up and walking around in public with the medals displayed, that's a whole 'nother level. While I have to shake my head at the first guy, the second guy is the one that needs to be served a good healthy arse-kicking.

 

[Maestro]

While I agree that someone should never wear a decoration that was not rightfully awarded to him/her, I think that putting him in jail (as some here suggested) seems a bit too severe.

Don't get me wrong, those guys deserve to be punished... But as no one got killed or hurt (except the feelings of veterans), I think seizing the medal(s) and ordering them to pay a fair amount of money (i.e. $100,000) would be enough. Keep the free spaces in prison for real criminals.

 

[vikingBerserker]

I like the fining the crap out of them, and make them do volunteer work at a Veteran's Facility or an VFW Hall.

 

[Clay_Allison]

A big fine, public denouncement, and long probation would be sufficient punishment.