AUGUSTA — People who falsely claim they’re military veterans for financial gain could be more easily prosecuted under a proposal passed by the Legislature’s Criminal Justice and Public Safety Committee on Wednesday.
Stemming from a bill offered by state Rep. Brad Farrin, R-Norridgewock, a change to state law would make it clear that a person falsely claiming military service for financial gain could be charged with the crime of theft by deception.
Lawmakers are also hoping to change a law to allow the state’s Bureau of Veterans Services to release information on veterans to law enforcement when there’s any doubt. A third proposal would instruct the state’s Criminal Justice Academy to enhance training for police on the problem.
Those convicted of the crime could face up to a $1,000 fine and up to six months in jail.
Farrin, a retired command master sergeant with the Maine Air National Guard who has served on active duty in Iraq and Africa, said more and more people are claiming to be veterans when they’re not, and he wants them to stop.
On Wednesday, Farrin said the recent news that U.S. Veterans Administration Secretary Robert McDonald falsely claimed to be a former Special Forces operative highlights the growing trend in society of people taking credit where it isn’t due.
McDonald, an Army veteran, apologized for his statements to a homeless man about being in the Special Forces.
“A few years ago, 10 years ago, five years ago, we probably wouldn’t have needed this,” Farrin said, “because it was just common courtesy as veterans you wouldn’t think that somebody would falsify service for their own personal gain. It was just incomprehensible that people would do that, but unfortunately it happens more and more every day.”
Farrin said whether it’s panhandlers posing as homeless veterans or those who would benefit from the discounts offered by some retailers, there’s no lack of posers out there.
“There’s people who are making claims who are taking away from the folks who truly deserve it,” Farrin said. “Some of the most humble people you will meet are veterans and they don’t like to ask for help a lot of the times and they don’t take.”
Farrin’s original bill would have made it a Class E crime to falsify military service, but committee members were quick to note laws on the books already prohibit lying for monetary gain. They also noted there are federal laws in place that prohibit lying about specific types of service or falsely claiming to have earned specific military honors.
Most on the committee seemed to agree with the principle behind Farrin’s original bill and that those who undermine the legitimate service of Maine veterans should be punished for it.
“On some levels, this is very emotional,” state Sen. Stan Gerzofsky, D-Brunswick, said. “On other levels, it’s a real crime, and it’s a crime that is addressed in our statutes.”
Gerzofsky said the Legislature has previously tried to stiffen Maine law to address the issue and has asked state prosecutors to be more vigorous in pursuing those who fake veteran status.
But, Gerzofsky said, the law enforcement community wasn’t included in the loop and that the training measure would help address that. He and others also noted that identifying who is and isn’t a veteran, especially in a state like Maine where nearly one of four residents are veterans, is a challenge at times.
Gerzofsky said four laws already on the books address the matter in one way or another, but that without charges or arrests being made there’s little for prosecutors to prosecute.
“I think we need to go one step ahead this time and make it a real priority, because we can make a fifth law and put it in the books, but it’s not going to create any more arrests,” Gerzofsky said. “I think we need to make an example of people who want to do this kind of behavior and think they can get away with it.”
The point of the law, he said, was to give police the ability to ask those potentially faking service for proof and give police the ability to check up on that.
Peter Ogden, director of the state’s Bureau of Veterans Services, said the proposal could also be a benefit to veterans who do need help or services if it makes it easier for law enforcement to identify them and connect them with available programs.
Ogden said currently there was “no link” for law enforcement to be able to do that.
“Part of the challenge that I have is the military records I have are protected by law for 62 years,” Ogden said. “I cannot share them with anybody except as identified in the law, and if a district attorney or somebody wants a copy of the record, they have to subpoena the record from me.”
The committee voted unanimously to support the three-pronged proposal made by state Sen. David Burns, R-Whiting, that would change the veterans records laws, enhance the existing theft by deception law and request a training change for law enforcement.
The changes, as proposed by Burns, would go into effect in 2017, so it would not affect the current budget of the Maine Criminal Justice Academy. The proposal will next be reviewed by the Legislature’s Judiciary Committee before going to the House of Representatives.
Send questions/comments to the editors.
