Category Archives: Military Times

Crying “Wolf”, and the Documents That Called Her Bluff

 

Initially, it seemed like a cut-and-dry case of a woman veteran experiencing an unthinkable act of hatred by the hands of a horrible patron. The story of Dayna Morales, a gay former Marine and New Jersey restaurant worker, quickly spread on social media and in the news as people were simultaneously appalled and quick to believe her story. As the STORY goes, a customer allegedly refused to give her a money tip but gave her a tip about the reason why. Morales put a picture of the receipt, with the written “tip”, up on the internet. As sympathetic people rallied around her with their words and money, she raised the stakes a notch by claiming she was going to give a portion of the money she was receiving to the Wounded Warriors Project.

But wait! Days later, the family came forward to NBC4 to produce their copy of the receipt that showed that a money tip had been left for Morales. Although the story UPDATE reports that the family said it “…shows they paid a tip and didn’t write any such note”, their receipt wouldn’t show the note part since it is not a carbon copy of the merchant copy. The family showed their credit card statement which showed the total charge, which included a tip. When called to the carpet by the news station, the restaurant manager and owner wouldn’t produce the receipt that would have shown what got written.

But wait! More days went by, and an investigation ensued. That’s when things got really interesting. A source in the Pentagon confirmed that she had been dishonorably discharged from the Marines. A previous co-worker of Morales was contacted, and reported that she had suddenly quit her job at some point after having told co-workers that she had brain cancer. Apparently, the chic thing to do these days is to use a real or imagined medical ailment in order to gain sympathy and monetary benefit. No one thought that this sort of thing was only going on in the DMV area, but the similarities between this story and the Proctor/Jareaux story in Maryland are striking.

Documents tell stories, and the ones that are proven to be false and fabricated tell an even bigger story. People tell lies for reasons. Some are better at the game than others. Great job to the family that called this woman out on her lies. Morales is now being quiet. With all eyes on her now, her silence is telling a story also.

MjAxMy05OTI2YTVjZTkwZjdjNDU5Card can be found at the following location:

 

 

 

 

Malingering for Federal and State Benefits

Thanks to everyone who commented on the last blog post concerning surveillance and disability fraud investigations. Due to the comments we posted (and those we didn’t), we are writing this post about the concept of Malingering. What is it, and why would someone do it?

According to Medscape, malingering in the DSM-V is described as “”The essential feature of Malingering is the intentional production of false or grossly exaggerated physical or psychological symptoms, motivated by external incentives such as avoiding military duty, avoiding work, obtaining financial compensation, evading criminal prosecution, or obtaining drugs.” That’s a mouthful! Let’s look at a few cases involving the financial compensation part.

Larry Benson’s Fraud of the Day site recently wrote about a guy who was “mooching” by claiming to have an injury that didn’t prevent him from playing basketball and working out at the gym (good old surveillance at work). That guy got almost 9 years time for his fraud.

The military handles malingering under Article 115. You can find it by clicking HERE. It is a punishable offense. THIS retired Air Force captain suggests that the VA could possibly have fewer cases of malingering on their hands if they got corroboration from civilians who know what is really going on with the people they live and interact with (a form of surveillance and intel). Another story of a guy malingering and lying about injuries to obtain benefits (and being reported by others) can be found HERE. He faces a maximum of 15 years and a $250,000 fine.

It’s not just limited to physical injuries, unfortunately. The numbers of people getting diagnosed with PTSD has swelled through the past several years. And so have the numbers of people that actually have “Pseudo-PTSD”. Without a doubt, true sufferers of PTSD deserve all of the help, medical and financial, that our Country can give to them. Their symptoms also are COMPLEX. People who actually have Pseudo-PTSD, and are malingerers, take away the ability to do justice to the true sufferers. Many articles can be found on this but journal articles are respected more and one can be read by clicking HERE . A fantastic writeup done by an attorney on how to combat someone’s claim of PTSD (which includes surveillance and digging into the past of the claimant) can be found HERE.

Perhaps the Veteran’s Benefit Administration AND the Social Security Administration could financially benefit from using some of these resources in order to combat such fraud. Perhaps they already are!  Your Country thanks you for your help in detecting it.

NOTE: it’s been one year since this blog started. We almost made it to 75,000 page hits! Many thanks for spreading the word, and we look forward to doubling the numbers in year 2. There is a lot left still to write about.

A Site Recap for Newbies

The site has expanded in ways that we didn’t originally plan, and since we have more planned for 2014, we wanted to pay homage to our original goals in order to do a check to see how we’ve done.

We originally sought to explore the following with our Pisces, Gail R. Proctor:

1) How easy is it for someone to defraud the Federal Government for years undetected?

2) Is it possible for someone to create a person out of thin air and get financial benefit from it for years?

3) Can a person take paperwork from a Federal agency, and submit an altered version of it to a related State agency, undetected, and get financial benefit?

4) Can a person claim a disability that doesn’t exist, and get paid for it?

5) How easy is it to conceal assets, stockpile money and give false statements on your Federal bankruptcy schedules under the alleged “penalty of perjury”?

6) How easy is it to claim that you live in a State that has no income taxes, in order to avoid paying taxes in another State where you do live (that has taxes)?

And here are the posts that have been done, that address each of the above subject areas.

It all surfaced on mortgage applications for houses that were secretively in bankruptcy:

http://www.tocatchafish.net/being-stuck-in-fraud/

 

Which led to the REAL fake husband of Ms. Gail Renai Proctor’s that appears to be:  http://www.tocatchafish.net/bah-fraud-solve/

 

Which led to finding this:

http://www.tocatchafish.net/she-claims-she-is-married/

http://www.tocatchafish.net/mr-black-will-be-turning-60/

 

Is there disability fraud going on?

http://www.tocatchafish.net/maryland_and_full_disability/

False claims of Florida residency in order to avoid paying Maryland taxes

http://www.tocatchafish.net/maryland-tax-evasion/

Continuing to operate a business in Maryland without paying its MD personal property tax or filing a company tax returns with IRS

http://www.tocatchafish.net/md_corp_fraud/

Making false statements in order to try to quiet someone who knows your Federal fraud:

http://www.tocatchafish.net/pretend_victim/

Committing Bankruptcy fraud (same old pattern of fraudulent statements):

http://www.tocatchafish.net/bankruptcy-fraud/

This one was a bonus, not on our original list.  Maryland First-Time Homebuyer fraud:

http://www.tocatchafish.net/fraud-in-md-again/

 

This is meant to be a recap for those who want to quickly know the main focus of this site.  More to come! Thanks for sharing us with your friends, and we appreciate your comments.

finding facts

Putting Your Trust in the Wrong Person

Trust is one of those things that takes a long time to build, and can be destroyed in one minute. People seek trust in others, and companies hope that their employees are trustworthy. The trust that you have in someone is often times relative to the position and relationship that you have with them. The more that a person has the ability to help or hurt you, the more trust that you will need in them (that they will help you and not hurt you). Simply put, in matters that are important to you, is the person you are relating to or doing business with “trustworthy”?

In reading the Washington Post today, there is an article about a woman who was entrusted by the Association of American Medical Colleges to do administrative functions for them. Ephonia Green (is her name an indication of something?) embezzled over $5 million dollars from the non-profit, largely by creating phony invoices and opening bank accounts for phony enterprises in order to pay herself by looting her employer over an 8 year period. When you read the article linked here and included below, see how many times you see the theme “trust”. The organization wants answers, as they try to understand why the person they trusted would do such a thing, while the woman apparently offered none. Apparently, she needs a therapist to “..help her come to terms with her misconduct.” Good luck with that, and don’t hold your breath waiting.

Download (PDF, 68KB)

Contracting fraud, designed to ultimately line the pockets of all parties involved, is not a new phenomenon in the non-profit, for-profit or even government sectors. Fraud within our defense departments has been rampant for decades, a fact that President Obama vowed to fight when he took office. You can see his procurement comments by clicking HERE. Such actions became necessary when it became obvious that the system based upon trusting people on their word alone (or rank) was shown to be flawed and costly. The case of the high-ranking Air Force procurement officer Darleen A. Druyun made headlines in 2006 when she was found to have been instrumental in one of the largest contracting scandals with Boeing that involved fraud, insider information and a sense of entitlement on her part.

What a way to honor the country that you took an oath to defend! Weaken them by stabbing them in the back financially by stealing from within.

It’s great that Mrs. Green is going to repay the $5.1 million by selling the house that she partially used those stolen funds to qualify for and acquire. Selling her sideline business may not put a dent in that $5.1 mil if she ran IT with the same principals she used to get the money to fund it, so good luck with that. Same thing with the Acura, timeshare and whatever else she spent the money on. My bet would be to do a search on her social for the past few years, to see what her tax return says about entities that reported any financial activity for her. People who are cunning enough to do fraud, are often brazen enough to tuck some of it away as a reminder of the fraud they perpetrated on their victims. It’s how serial killers often get caught: with a memento of the victim and crime in their possession. Those victims also trusted the WRONG person. Where there is smoke, there is usually fire, as some of the posters here have said!

Here is a post on trust from a great guy that I know. He sums it up pretty well:

http://whatwillmatter.com/2013/11/commentary-803-4-rules-about-trust/

In each other's pockets

What’s the Temperature of BAH Fraud Cases in the US?

An internet search reveals that the number of BAH fraud and other entitlement cases here in the US has increased. As one legal firm that we found put it, “The government has gotten serious about getting its money back”. It’s time they did.

A case in Arizona has popped onto the radar involving Air National Guard airmen who have been charged with stealing $1.4 million of money that they weren’t entitled to receive. 8 officers, included a Retired Colonel, and 13 enlisted airmen have been accused and charged with this crime.  Yes, you read right, even a Colonel. People see the title “Colonel”, and think that the person would be above reproach and wrong-doing. The Air Force Times article linked below states that leaders “failed to uphold military standards of integrity in part because they were ethically compromised by their own misconduct.”

 It must be a common enough offense these days, considering the number of internet results that you get when looking for BAH fraud attorneys. One military lawyer answered a question asked regarding how hard it is to be charged with BAH fraud. He answered by giving the elements of fraud quoted from military justice law, and then gave guidance on how a person can be convicted once the fraud is proven. His advice boiled down to “So to prove BAH fraud, they would need to prove that the service member, on purpose, filed a claim for BAH that they knew at the time was fraudulent.” His full writeup can be found below.

How do they connect the dots to show that you knew at the time the claim was fraudulent? Looking back to the legal firm who noted how serious the government is getting, they write that you should expect that the records you used to submit and justify the claim will be examined along with phone records, bank records, etc in order to prove that you intended to steal in the first place and then kept the money that you knew you weren’t entitled to have. Unlike overly-vexatious folks who jump the gun and file lawsuits just to be pains in the asses to people, the government takes its time to gather all of the evidence it needs by interviewing people who may know more than the servicemember will tell, and obtaining and reviewing what the actual documents show. No sense relying on the words of someone who, if they were intent on deceiving you in the first place, aren’t likely to tell you the truth even if you ask them. The forms they submit state that you are signing them, under penalty of perjury, so if you lied, then time to get the penalty that you signed your name as understanding that you might get if caught.

Many of the cases conclude with the person being stripped of rank, stripped of retirement pay and benefits, and made to pay restitution for the money they stole. In the case of someone who is no longer in the military, the penalty wouldn’t involve rank stripping that doesn’t mean anything on the civilian world anymore, anyway. Remember the case we reported on previously regarding the MD vets who stole monies they weren’t entitled to? They were all retired, getting disability pay for fictitious ailments. Wonder if there’s ever been a case of fictitious husband created to get entitlement not earned, along with fictitious ailments for fake disabilities? It would seem that anything is possible.

A case where the penalty was determined by EVERY month that the servicemember took BAH pay and didn’t give it back:

Download (PDF, 35KB)

There is a saying: Never lie to someone. Odds are that they already know the truth and just wanted to hear how you decided to spin it!

Site One

Site Two

Site Three

that lie

Disability Fraud Of Maryland Vets Exposed

In this post, we are going to talk about a case of VA benefits fraud and illegal tax breaks in Maryland. The backdrop for this is the story that broke a few months ago concerning six veterans who were found to be receiving “agent orange” benefits as well as MD state tax waivers fraudulently. Apparently, the Deputy Chief of Claims at the Maryland Department of Veterans Affairs, David Clark, was helping vets to get these illegal benefits by falsifying their records and amending them to back up claims. He was receiving a cut of the illegally obtained money as payment for services rendered. Apparently, since Mr. Clark knew what was needed in order that the claims would sail through, his position of authority made it easier for the fraud to go undetected until now.

The story that we’ve attached also references the use of “using counterfeit DOD forms to change service.. records.”, and another story about Clark referenced below indicates that he also submitted false doctor’s letters regarding illnesses. Apparently, Mr. Clark also changed paperwork to place medical diagnoses on them that didn’t actually exist.

The story also references the claim that there are too many claims being processed “..to be able to double-check the accuracy of information..” submitted on them. It is also noted that “outdated systems make it more difficult to catch schemes and people.” It looks to us to be yet another case of people and agencies relying on the moral integrity and honesty of the people giving information.

We think that they should check the Maryland disability claims that were processed in Maryland after the date that Mr. Clark submitted one fraudulently for himself: 2001.

On another blog site that we found that is also chatting about this story, there are people who have commented about things such as:

Being able to “forge a DD-214”

“There is no doubt that a DD-214 and other discharge paperwork, even orders could be forged.”

“I would not be surprised if 10% or more of the VA’s budget goes to pay for compensation, medical care, etc . . . , that’s based on fraudulent claims.”

“They don’t seem to cross-check this against official records at NPRC and/or the services.”

“To be fair, virtually ANY document, paper or electronic, can be forged if the forger is determined enough.”

That site can be found HERE

One of the best suggestions made by someone on that site, is that the Vet should be asked to “..fill out and sign a SF180 giving you access to his records.” In the case of medical records while in the military, you would need the vet’s written permission to access them. You won’t need their written permission in order to get their exit/discharge order. You will clearly be able to see on it, if they were really discharged for medical reasons as they are claiming, or perhaps just “retired”. This would go a long way to catch those who are attempting to commit fraud for personal financial gain.

It would appear that one of our site’s question of “Can a person claim a disability that doesn’t exist, and get paid for it?” has been answered in the affirmative. Stay tuned. We will report the other stories that are bound to surface related to issues such as this. Keep going, US Attorney Rod Rosenstein!!

The Baltimore Sun story is below:

Download (PDF, 46KB)

The other Sun story is linked HERE

What Does ‘Secret Clearance’ Really Mean?

Rachel Maddow, on her MSNBC show, said it best tonight when she talked extensively about the flaws in the background checks system in our country. The topic of the Federal “security clearance” is a hot one right now, due to the recent shooting rampage that happened at the Washington Navy yard. When such senseless acts of violence happen, most people ask questions in order to try to make sense of it. Along with the obvious question of “why did he do it?”, many citizens and lawmakers are asking how it could happen.

In the USA, there are 3 generally recognized levels of security clearance: confidential, secret and top secret. Most of our Federal government agencies use the SF86 to start the process. The applicant completes the form, submits it, and then an investigative agency is charged with the task of confirming the validity of the information that the applicant reported. It is generally known that the system relies on applicants to self-report honestly, and applicants sign their name and certify that their answers are true. A “knowing and willful false statement” can be punished by fine, imprisonment or both. Our government relies on the honor system of all who seek the clearance.

Once a person has successfully navigated the clearance process, they also agree to subject themselves to periodic reinvestigations in order to keep their clearance. The reinvestigation time will depend on the type of clearance they have.

You can see by looking at the actual SF86 the areas of interest that will be checked. Your financial history, employment history and family information are just a few topic areas. It’s not uncommon for neighbors, family members and friends to be interviewed in the process.

Since the investigators are supposed to be checking multiple databases and agencies in order to create or confirm the picture that the applicant is attempting to paint of themselves, what can be said about the thoroughness of that process if information blatantly slips through it? Can’t say that it isn’t possible, because as the following story shows, BOTH the Navy Yard shooter and Edward Snowden both had their background checks done by the same company. Click HERE

A security clearance, at least on the surface, gives people the indication that the person with the clearance can be trusted. If the clearance process and investigation is done thoroughly, it could weed-out people who are supposed to be trusted to be honest, forthright and trustworthy. When it comes time for the reinvestigation, the fact that the person has clearance in the first place often provides a false sense of security which leads to complacency. That leads to missed opportunities for mistakes and misdeeds to be caught. Those misdeeds, mistakes and downright fraud costs ALL of us in the end. If the Navy Yard shooter can fail to report a gun arrest on his background check forms, and still get his clearance, and a person can report that they are “married” (and get Federal financial dollars for years as a result) to someone who doesn’t actually exist, what does that say about the integrity of our clearance process? Huh, an investigator who admitted to having ‘investigated’ a person who had been dead for 10 years? (see recast of Rachel Maddow show). If a person lies on their form, that should send a flag about the person. Period. C’mon guys!

http://www.washingtonpost.com/politics/after-navy-yard-shooting-vets-fear-crackdown-on-security-clearances-will-unfairly-hurt-them/2013/09/20/43cf64d0-2206-11e3-a358-1144dee636dd_story.html

http://www.usatoday.com/story/news/nation/2013/09/17/navy-yard-shooter-security-clearance-contractors-shocked/2827665/

http://www.federaltimes.com/article/20130922/PERSONNEL01/309220005/Background-checks-under-scrutiny-after-Navy-Yard-shooting

http://www.latimes.com/nation/la-na-clearance-shooting-20130919,0,2925033.story

http://www.wjla.com/articles/2013/09/government-background-checks-for-security-clearances-unreliable-review-finds-94289.html

Avoiding Maryland Taxes With Fraud

State taxes. Many of us have them. We try to minimize them as best we can, to keep as much money as the law will allow in our pockets. There are many ways that a person can legally write-off expenses and deductions to change AMOUNT DUE to REFUND DUE. We all pay our fair-share of these taxes, so that the streets can be paved, schools can be kept open so that kids can thrive, and community services can be maintained. These services require tax money in order to operate, and without it, budgets are cut (with services therefore cut).

For the men and women in our armed forces who legitimately claim to be domiciled in or residents of States that do not have State income tax, ‘good for you’ that you get to take advantage of this benefit. Examples of such States are:

  • Alaska
  • Florida
  • Nevada
  • South Dakota
  • Washington

For this post, we are strictly going to talk about Maryland. According to the Comptroller of Maryland website (found HERE), a person is a “resident” if:

“Your permanent home is or was in Maryland (the law refers to this as your domicile). OR your permanent home is outside of Maryland, but you maintained a place of abode (that is, a place to live) in Maryland for more than six months of the tax year. If this applies to you and you were physically present in the state for 183 days or more, you must file a full-year resident return.”

The issue of “domicile” comes into play, and fortunately, the State of Maryland issued an Administrative Release that covers the matter thoroughly. You can find that writeup by clicking HERE or by reading the PDF below:

Download (PDF, 48KB)

In the military, a person can have a legal residence, which can be different than their ‘home of record’. Home of record is where they were when they enlisted or re-enlisted, and legal residence is where they conduct business and intend to live when they retire or leave the service. It is their permanent home, demonstrated by the activities they have already conducted and continue to conduct.

According to the linked website, a person can change their legal residence by completing a DD Form 2058. On that form is that all-too-familiar wording: “I certify that, to the best of my knowledge and belief, I have met all the requirements for legal residence or domicile in the state claimed above and that information provided is correct. I understand that the tax authorities of my former state of legal residence or domicile will be notified of this certificate.” Hmmm.

Supposedly, the military is REQUIRED to make sure that a servicemember isn’t changing their legal residence in order to avoid taxation. There are people whose jobs it is to answer such questions, when/if asked. You can see that written HERE. We found an Air Force writeup on legal residence, written by 1st Lt. Nicole Naeser that can be found HERE.

INTENT means everything, and one of the strongest ways to show it is with where you actually live and by where you register to VOTE. For those in the military, the Servicemember’s Civil Relief Act allows them to do all of their residency things in the place where they have legal residence, as opposed to where they may be stationed (since that may frequently change).

So what would be the chances that 3 or more people who have ALL worked on the same Air Force base in Maryland, would ALL be registered to vote in the SAME Florida county for years? What if ALL of them owned houses in DC or Maryland, had cars registered there also, lived and worked in DC/MD, had spouses residing in DC/MD, and had DC or MD driver’s licenses the entire time?

Maryland tax evasion is a fraud of another sort, but one that will be explored via this site as additional information is obtained. Finding legitimate ways to lower your taxes is fine. CREATING a fictitious life to try to justify having NO taxes, is FRAUD (and greedy). Do YOU have information that can help? You know who we’re looking for, and you know where to cast your line if you know something that can help: fishy(at)tocatchafish.net

It is a CRIME, after all

It is a CRIME, after all

Mystery of “the husband” has been solved!

We thought it fitting that today, July 3rd, be the day to announce that we have concluded the search for the extremely elusive Christopher Anthony Black. Initially and according to reports, there was allegedly a person with that name born in South Carolina on July 3, 1953 with parents named “Charlie” and “Ijetta”. We have to thank the two people who really came through for us and did an exhaustive search for this man who allegedly professed his love to his bride at the Little White Chapel in Vegas back in February of 1994 (and supposedly lived in Temple Hills, MD with her while she did her thing nearby at Andrews AFB).

Turns out that there are some people of note that share that same birthday. A few:

Bob Carrington played in the NBA for the Clippers

Richard Michelson is a poet and children’s book author

The bassist Chubby Jackson had a son, Duffy Jackson, who was a drummer for Count Basie

NY Appellate Court Judge James McGuire

 

Our search for the name “Saulters” in South Carolina initially proved disappointing. There are 10 of them, according to whitepages.com:

Download (PDF, 103KB)

“Ijetta” is, as it turns out, an extremely RARE first name. Doing a Google.com search yields this one: CLICK HERE

 

But when a very helpful and resourceful person started REALLY digging, she found that low and behold there IS actually an “Ijetta Saulters” who walked the face of the Earth! And guess what? She DID have a son who was born on July 3, 1953! And that’s not all. She DOES have a husband named “Charlie”! AND, they all spent some time in South Carolina! Unfortunately, her son’s name was NOT Christopher Anthony Black. But she does have a son whose first name IS Christopher. And the best news is, she is STILL living, right in our Nation’s capitol! What luck!

Wasn’t it written somewhere else on this website that within every great lie is a shred of truth?

The person who really is “Christopher Anthony Black” was contacted, a few times in fact, in the hopes that he would come forward with the truth, or at least act surprised that his identity seems to have been utilized to perpetrate fraud against multiple levels of government and people. There are now a few agencies that have been made aware of this issue, along with the supporting documentation to go along with it. Those watching this site already know WHO the “husband” is. On this, his 60th birthday, he has the ability to make his hands clean with this matter and make ‘right’, what has been wrong for far too long. There are at least 3 people who appear to be involved with this mess, all previously working on Andrews AFB, but that number may possibly rise with the continuing investigation. There are far more people looking to uncover the extent of this sham, than there are those trying to keep it hidden. As was promised with the launch of this site: the TRUTH will be set free!

Happy Birthday to ALL who were born on this day! Especially you, “Christopher”!

happy bday3

Is It Ever Okay To Lie Under Oath?

know anyone who does this?

know anyone who does this?

Many stories have been written about lying and making false statements. Part of the purpose of this site is to showcase this issue, in the hopes that maybe (at least in our corner of the world) we can make a difference. Today’s post is going to be focused on the words “under penalty of perjury”. It’s a common phrase that is found on many State and Federal forms.

In the State of Maryland, those words can be found on the Finance Affidavit that is completed and submitted in conjunction with the purchase or refinance of a home. The document starts “I/We certify, under the penalties of perjury, that the following are accurate responses…”. And prior to your signature, it reads “I/WE understand that if I/WE fail to truthfully answer or provide information to avoid collection of County Transfer and State Recordation Tax, I/WE may be found guilty of a misdemeanor…”.

Those words can also be found on the First-Time Maryland Home Buyer Affidavit that is also used in conjunction with home purchases. This form is used to qualify the purchaser to NOT pay a significant amount of money to the State for what would have been their share of the recordation tax. That form starts with “BEFORE ME, a Notary Public of the State and County aforesaid, the undersigned, made oath under the penalties of perjury that the information provided below is true to the best of the knowledge, information and belief..”.

And then, a Refinance Affidavit, that again uses the “penalties of perjury” language when certifying that the property being refinanced is indeed the principal residence of the borrower.

Moving into other arenas, the Baltimore City police website declares: “Warning: Filing a false police report is a crime and will be prosecuted.” It is also a crime to make a false statement to a law enforcement officer, a false statement to a housing agency,

In the Petition for Peace Order, another Maryland form, it reads “I solemnly affirm under the penalties of perjury that the contents of this Petition are true to best of my knowledge, information and belief.” There is also an Application for Statement of Charges, which provides the same basic language for the person alleging that a crime was committed against them.

Moving into the Federal realm, there are alleged penalties for perjury in the bankruptcy arena. 18 U.S.C. 152(3) covers “omission of assets on bankruptcy petition and schedules”. When filing for bankruptcy protection in general, you are asked to complete a Statement of Financial Affairs. It’s extensive, and contains 11 pages. And on the final page, we find “under penalty of perjury”. It also contains some of the stiffest language we’ve encountered thus far: “Penalty for making a false statement: Fine of up to $500,000 or imprisonment for up to five years, or both.”Here, see for yourself:

Download (PDF, 40KB)

WOW! We are definitely deterred by that, but we wonder how many people STILL risk it and do it anyway?

Same for that DD Form 2656 that asks people who are retiring from the military to certify “under penalty of perjury”. Penalty on that one states that it is “not more than $10,000 fine, or five years in prison, or both.” See for yourself:

Download (PDF, 21KB)

So, the natural question is, what happens when someone DOES execute multitudes of documents that carry this same seemingly stern warning about a sometimes stiff “penalty of perjury”? If it was found that a person did do that, is it an indication that the person doesn’t know the difference between what is truth and what is false, or could it be a generalized disregard for the risk of actually incurring any penalty?

Here’s a link to the US Attorney’s Criminal Resource Manual which shows how a sample indictment would read for poor John Doe who was suspected of omitting assets from his bankruptcy schedules. Wonder how many of these indictments have actually been issued? If anyone has an idea, please post so we can know.

http://www.justice.gov/usao/eousa/foia_reading_room/usam/title9/crm00849.htm

Next topic: lawyers, ethics and their duty