STOLEN VALOR ACT
Click -->See
first Wannabe Charged under the stolen valor act
On
Wednesday, December 20, 2006, the President signed into law S. 1998 Stolen Valor
Act of 2005
http://www.homeofheroes.com/herobill/hr3352.html
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HR
3352 IH
109th CONGRESS
1st Session
H. R. 3352
To
amend title 18, United States Code, with respect to protections for the
Medal of Honor, and for other purposes.
IN THE HOUSE OF
REPRESENTATIVES
July 19, 2005
Mr.
SALAZAR introduced the following bill; which was referred to the Committee
on the Judiciary
A BILL
To
amend title 18, United States Code, with respect to protections for the
Medal of Honor, 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 finds that--
(1)
fraudulent claims surrounding receipt of the Medal of Honor, the
Distinguished-Service Cross, the Air Force Cross, the Navy Cross, the
Purple Heart, or any other medal or decoration awarded by Congress or the
armed forces damage the reputation and meaning of these medals;
(2)
Federal law enforcement officers are currently limited in their ability to
prosecute fraudulent claims of receipt of military medals; and
(3)
changes to the current statute are necessary to allow law enforcement
personnel to protect the reputation and meaning of these medals.
SEC. 3. MILITARY MEDAL PROTECTIONS.
Section 704 of title 18, United States Code, is amended--
(1)
in subsection (a)--
(A)
by inserting `purchases, attempts to purchase, solicits for purchase,
mails, ships, imports, exports, produces blank certificates of receipt,'
after `wears'; and
(B)
by inserting `attempts to sell, advertises for sale, trades, barters or
exchanges for anything of value' after `sells';
(2)
in subsection (b)(1), by inserting `or (b)' after `subsection (a)'
(3)
by redesignating subsection (b) as subsection (c);
(4)
by inserting after subsection (a) the following:
`(b)
False Claims About Receipt of Military 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, 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 shall be
fined under this title or imprisoned not more than six months, or both.';
and
(5)
by adding at the end the following:
`(d)
Other Medals- If a decoration or medal involved in an offense under
subsection (a) or (b) is a Distinguished Service Cross awarded under
Section 3742 of title 10, an Air Force Cross awarded under section 8742 of
section 10, a Navy cross awarded under section 6242 of title 10, a silver
star awarded under section 3746, 6244, or 8746 of title 10, or a Purple
Heart awarded under section 1129 of title 10, or any replacement or
duplicate medal as authorized by statute, 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.'.
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IN
ADDITION TO THE ABOVE, OTHER LAWS ALREADY ON THE BOOK
LAWS GOVERNING IMPOSTORS:
U.S. CRIMINAL CODE
1. Falsely assuming and pretending to be an officer and employee of the United
States
18 U.S.C. §912
Not more than 3 years imprisonment, and/or fine $1,000.00, 1 year supervised
release, and special assessment $100 (Each count)
2. Knowingly and willfully made a false, fraudulent, and fictitious material
statement and representation;
18 U.S.C. §1001
Not more than 5 years imprisonment, and/or $250,000 fine, 1 year supervised
release, and special assessment of $100
3. Possessing insignia, without authority; of the design prescribed by the head
of the Department of Defense;
18 U.S.C. §701
Not more than 6 months imprisonment, and/or $5,000 fine, Special assessment of
$50.
4. Knowingly wearing decorations and medals, without authority, authorized by
Congress for the armed forces of the United States;
18 U.S.C. §704(a)
Not more than 1 year imprisonment, and/or $100,000 fine; 1 year supervised
release, and special assessment of $25.
TITLE 18 PART I CHAPTER 33 Sec. 701.
Sec. 701. - Official badges, identification cards, other insignia
Whoever manufactures, sells, or possesses any badge, identification card, or
other insignia, of the design prescribed by the head of any department or agency
of the United States for use by any officer or employee thereof, or any
colorable imitation thereof, or photographs, prints, or in any other manner
makes or executes any engraving, photograph, print, or impression in the
likeness of any such badge, identification card, or other insignia, or any
colorable imitation thereof, except as authorized under regulations made
pursuant to law, shall be fined under this title or imprisoned not more than six
months, or both.
TITLE 18 PART I CHAPTER 33 Sec. 702.
Sec. 702. - Uniform of armed forces and Public Health Service
Whoever, in any place within the jurisdiction of the United States or in the
Canal Zone, without authority, wears the uniform or a distinctive part thereof
or anything similar to a distinctive part of the uniform of any of the armed
forces of the United States, Public Health Service or any auxiliary of such,
shall be fined under this title or imprisoned not more than six months, or both.
TITLE 18 PART I CHAPTER 33 Sec. 704.
Sec. 704. - Military medals or decorations
(a) In General. -
Whoever knowingly wears, manufactures, or sells 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) 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.
Vet medals tarnished in phoney hero scam - feds
Louis Lowell McGuinn called himself lieutenant colonel and wore fake medals,
FBI says.
Louis Lowell McGuinn was a regular at military galas around town, posing with
a gleaming chest full of medals that symbolized a life of valor.
But another
vet noticed in December that McGuinn seemed to be wearing the Purple Heart,
the Silver Star and the Distinguished Service Cross incorrectly - and a
40-year lie started to unravel, prosecutors said.
Yesterday, Manhattan federal prosecutors used a brand new law to charge
McGuinn with posing as a war hero - making the Flushing, Queens, man one of
the first in the New York region to face prosecution under the Stolen Valor
Act.
The law, which took effect in January, makes it a felony to falsely claim
to have received an award authorized for members of the U.S. armed forces.
He faces a year in jail.
McGuinn, also known as Lowell Craig McGuinn, served in Vietnam and was a
private when he was discharged from the Army in 1968.
But over the years he bumped himself up to lieutenant colonel to help him
win lucrative security consulting contracts, prosecutors say.
The feds have photos of McGuinn, 62, at military events at the Pierre Hotel
and the Merchant Marine Academy in Kings Point, L.I.
In December, McGuinn leased space at the Soldiers, Sailors, Airmen and
Marines Club in midtown, where the club's executive director noticed McGuinn
"wore decorations on his uniform in the incorrect manner and, when asked,
could not produce any documentation verifying his service or medals,"
according to a criminal complaint filed by FBI Special Agent Jason Randazzo.
In December, Randazzo said McGuinn told a New York City police officer he
was a lieutenant colonel working with the Department of Homeland Security. He
told executives at an underwater marine security company that he served with
the Special Forces, the feds say.
He was released on $5,000 bond after a brief court hearing.
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