Stealing Valor

“Is it less dishonest to do what is wrong because it is not expressly prohibited by written law? Let us hope our moral principles are not yet in that stage of degeneracy.” – Thomas Jefferson

The Stolen Valor Act of 2005, a bill that was proposed to amend Title 18 U.S.C. § 704, was signed into law on December 20, 2006.  The amendment extended the reach of the existing federal law, strengthened the penalties that were already in place, and included a number of specific new provisions.


Prior to the enactment of The Stolen Valor Act of 2005, the code listed a number of specific and prohibited actions and the maximum punishments associated with them.  Except when authorized under regulations made pursuant to law, it is illegal to intentionally wear, manufacture, or sell:

Any decoration or medal that as been authorized by Congress for the Armed Forces and could result in a fine, a maximum of six months of incarceration, or both.

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 and could result in a fine, a maximum of six months of incarceration, or both.

Any counterfeit imitation, except when authorized under regulations made pursuant to law and could result in a fine, a maximum of six months of incarceration, or both.

The Congressional Medal of Honor and could result in a fine, a maximum of twelve months of incarceration, or both.  The act of trading, bartering, or exchanging the Congressional Medal of Honor for something of value is considered to be interchangeable with the act of selling the Congressional Medal of Honor.

The Stolen Valor Act of 2005 expanded the code to consider the trading, bartering, or exchanging of any decorations, medals, service medals, or badges for something of value to be illegal actions.  It also added two more specific acts to the list of offenses:

The act of mailing or shipping medals.

The act of falsely claiming to have been awarded military awards and using these false claims for personal gain.

Falsely claiming to have earned military awards does not always lead to tangible injuries, which what led the Supreme Court to overturn the law.  The First Amendment protects misleading statements that do not cause real harm or injury.

Jessica Levinson, an Associate Clinical Professor of Law at Loyola Law School in Los Angeles, wrote an entry for The Huffington Post on the overturning of The Stolen Valor Act of 2005.  Levinson’s intention is to not only inform the public about the Act itself, but also explain why the Supreme Court deemed the Act unconstitutional.

After ruling on the trial, both Justices Stephen Breyer and Elena Kagen indicated that Congress could introduce a new proposal that would focus on specific injuries caused by those that steal valor.  The entry was later updated to include information on the revised bill that was introduced by Congressman Joe Heck shortly after the overturning of the Stolen Valor Act of 2005.

H.R. 1775: Stolen Valor Act of 2012, a revised version of the amendment, was voted on under a procedure called “suspension of the rules,” which is usually reserved for uncontroversial bills, and subsequently voted to approve the bill. It was passed with a unanimous vote and will need to be voted on by the Senate before it can be signed into law.

Source: govtrack.us

The legality of claiming the aforementioned accolades for personal or professional gains should also be addressed.  By limiting the scope to monetary gains, the Act would allow those that presently claim to have earned these accolades to further their political careers, promote businesses, or in order to gain employment are completely within their rights.

While I do take issue with the limited reach of the proposed amendment, I do support its enactment and hope that the law it alters will be further elaborated on to include gains that may not hold direct monetary value.  The amendment, much like its overturned predecessor, will increase the public’s awareness of this growing epidemic.

I would also like to note that, despite what many seem to believe, it is illegal to wear any uniforms authorized by Congress for use by the Armed Forces when the intention is to impersonate an active duty or former service member.  Currently, a person appearing in uniform can only be prosecuted if there is visual evidence of the crime.

This amendment is not meant to target those with the audacity deceive others by wearing a military uniform or displaying awards on their body.  It is instead intended to prevent impersonators to make false claims for financial gain even if they do not actually posses those accolades.
In the future I hope that those that steal valor for advancement, whether tangible or not, are held accountable for their actions.  The following individuals represent the various imposters that technically operate within the law:

Bob King, the author of the fictional non-fiction book Spooky 8: The Final Mission, claims that he had reached the rank of Master Sergeant before being recruited into super-sleuth team of trained killers.  I have not read his book, so I do not know whether or not he claims to have been awarded any honors during his imaginary military career.  

However, I suspect that anyone capable of rising to the rank of Master Sergeant in three years would have earned at least one accolade. He has gained more than monetary gains from his false claims and I have no intention of adding to these gains by purchasing the book to find out. I also have no intention of purchasing Individual Response to an Active Shooter, an 18-page handbook to surviving in an emergency.  Like his previous book, he tries to pass his imaginary military career off as true in order to gain credibility.

Sean Beery, the former director and owner of the Volusia County Gun & Hunt Club, falsely claimed to have earned a Combat Jump Star and a Ranger Tab.  The claim appeared on his biography on the gun club’s website and was used to gain the trust of those he worked with as well as potential students.  He also intentionally made false claims in regard to his experience and service in the military, most likely in an attempt to further legitimize himself to those around him.

Skip Moschetti, the CEO of Advanced Tactical Investigations Inc., falsely claimed to be a “highly decorated veteran” that was awarded The Congressional Medal of Honor, The Distinguished Service Cross, three Silver Stars, eight Purple Hearts, and a number of other medals.  He made these claims in order to support his bizarre background story in order to appear credible to potential clients.  He stated that he was a former employee of the CIA that reported directly to the President on a daily basis, that he worked for and consulted the U.S. Department of State, the U.S. Secret Service, and the U.S. Department of Justice, and that he was directly responsible for saving President George H. W. Bush’s life in an assassination attempt that took place in Kuwait City.

On June 28, 2012, the Supreme Court heard the United States v. Alvarez and found the Stolen Valor Act of 2005 infringed on the right to free speech under the First Amendment.  The ruling implied that the general wording in regard to false claims was too vague and had the possibility of violating the right to free speech.

While I firmly believe that anyone willing to deceive and manipulate those around them, especially by falsely claiming to have served in the Armed Forces, should be held accountable for the results of their actions, I also believe that the Stolen Valor Act of 2005 was not specific enough to be considered constitutional.  However, I do not believe that the scope of the Stolen Valor Act of 2012 is wide enough due to the wording that indicates that those that falsely claim to have earned decorations, medals, or badges for monetary gain are committing illegal acts.

“Make the lie big, make it simple, keep saying it, and eventually they will believe it.” – Adolf Hitler