Posted on 05/07/2007 6:39:32 PM PDT by Calpernia
Madison, Wisconsin—Since March 2007, Airman Keith Roberts has been imprisoned, serving the first few months of a four-year sentence for five counts of federal wire fraud.
Keith Roberts filed for disability benefits in 1999 after being diagnosed with post-traumatic stress disorder (PTSD) by private and public medical health professionals.
Though not nearly as horrific as many, Roberts' Vietnam-era service (1968-74) affected him badly, and includes an incident in which he was assaulted by the Navy Shore Patrol in 1969, and he witnessed a fellow airman killed in a gruesome aircraft accident, also in 1969, at Naples, Italy where he was stationed.
Roberts jumped through all of the hoops that the U.S. Department of Veteran Affairs (VA) makes claimants jump through, and was granted service-connected benefits for his diagnosed PTSD in 1999 retroactive to 1993 (later revised to1992), and received over $300,000 in benefits.
Roberts and his wife believed that after a paperwork-endurance ordeal in finding all supporting documents that the VA had finally come through and honored his service, and affirmed his medical condition after the long benefits application process.
The VA
As a Marine Corp Times piece notes of the benefits process (Kelly Kennedy, April 5, 2007), "'The … disability retirement system stacks the deck against injured soldiers by forcing them to prove they have post-traumatic stress disorder …,' said an Army lawyer who helps soldiers appeal their claims."
Worse than a stacked deck, the VA was headed (and still is) by Jim Nicholson, former Republican National Committee Chair (1997-2000) who sports a resume devoid of experience in veterans' advocacy and seems openly hostile to disability compensation, an appearance Nicholson tries to deflect in public statements.
"The amount of dollars involved (in veteran compensation) is huge and the lives involved are important," Nicholson said. "Our number one goal is to take care of those veterans who are deserving," referring to a 2005 VA Inspector General's report on veterans' compensation.
As Keith Roberts was battling the VA, he had no idea that a confluence of political and bureaucratic forces allied with Secretary Nicholson were about to make his previous ordeal seem a walk in the park by comparison.
Roberts collided with the US government's determination to deceive and treat this veteran like a criminal.
VA Turns Against Roberts
Roberts' wife, Deloris, said her family is "devastated."
But they maintain reams of paper documents which appear to sustain their narrative of events in which a vet became a victim of a hostile bureaucracy and an overzealous prosecutor.
In November of 2003, Roberts said he contacted the VA Office of Inspector General (OIG) in Illinois by phone, complaining that Roberts had come to believe that the VA was committing fraud in the handling of his benefits claims, according to Roberts' sworn deposition.
The reason behind Roberts' call to the VA is not clear, but he had reportedly become somewhat paranoid, a symptom associated with PTSD.
Roberts spoke to Special Agent Raymond Vasil at the VA OIG who assured Roberts that Vasil would look into the alleged fraud, according to the sworn deposition. Roberts took Vasil's assurance at face value.
Accusing the VA of committing fraud turned out to be a bad move for Roberts' navigation through the VA bureaucracy, which a veteran's advocate called a "culture of denial of veterans' claims, where denying claims gets bureaucrats promoted."
The veteran's advocate spoke on background, out of concern for the political sensitivity of the topic.
After his phone conversation with Roberts, Special Agent Vasil and his assistant Joe Cossairt seized Roberts' VA claims file from the regional VA office in Milwaukee, according to a document in Roberts' VA file dated Dec. 12, 2003.
On March 27, 2004 Special Agent Vasil and Cossairt met with Roberts at his home in Gillett, (Oconto County), Wisconsin, according to Roberts' affidavit, and asked a string of questions that made it clear to Roberts the focus of their questions pertained to the 1969 aircraft accident at Naples, and not the alleged VA fraud.
The VA's Vasil reportedly insisted on a subsequent May 31, 2004 interview to be conducted at the Oconto County Sheriff's office.
At the May 31, 2004 interview, according to Roberts' deposition, Vasil became immediately abusive to Roberts by making a snide remark that "they brought all their paperwork," after Roberts had carried in his large file and supporting evidence.
At the meeting, Vasil asserted that Roberts' 1969 hospitalization after his Shore Patrol incidence was not a valid stressor for the purpose of diagnosing PTSD, though Vasil has no formal authority to issue such a determination, and Roberts had already been diagnosed by medical professionals on this very point. Vasil called Roberts "nothing but a drunk," and reportedly, said the documents Roberts had in possession (a Feb. 6, 1969, "Special Enlisted Personnel Performance Evaluation" pertaining to the death of his fellow airman on Feb. 4, 1969 and consistent with Roberts' said role at the scene) meant "nothing" to Vasil.
Subsequently, after several months of complex machinations through the VA bureaucracy, Roberts' benefits were severed in November 2004.
While Roberts was appealing the decision through the VA channels and was set to appeal to the VA Appeals Court—the US Court of Appeals for Veteran's Claims in Washington D.C.—empowered by federal statute to hear the case, the United States Department of Justice, in the office of the US Atty for the Eastern District of Wisconsin, Steven Biskupic, indicted Roberts in April 2005 on six counts of mail fraud.
In September 2005, a superseding indictment changed the charges to five counts of wire fraud.
No investigative agent from the Treasury Department, Secret Service or FBI investigated the allegations of federal mail or wire fraud against Roberts.
Only the VA's Special Agent Vasil conducted an investigation. Though his position title is "special agent," Vasil has no formal law enforcement training or benefit adjudication experience.
Said one hostile veteran advocate, "A cop Vasil is not, just an idiot with a badge."
In one exchange from Vasil's Grand Jury testimony indicating his knowledge of the VA benefits process, upon which the indictment is predicated, Vasil appears weak on his familiarity with VA processes:
Question: "Is that part of your training that you have to know the basics of how these programs work?"
Vasil's Answer: "Yeah. I was briefly kind of instructed when I was hired, and then just while working for them, you have to learn it to investigate the cases."
But Biskupic's office took Roberts to trial, secured a conviction, and this Vietnam-era veteran has been locked up since March.
According to Deloris Roberts, at the trial Roberts' attorney was both unable and apparently disinclined to present any of the exculpatory evidence in Roberts' files to prove his innocence, legal representation that has been criticized by those working with Roberts now.
Biskupic's office says that Roberts "fabricated" his version of events pertaining to the death of his fellow airman.
Why US Atty Biskupic?
A phone call to the press offices of the US Atty for the Eastern District of Wisconsin on this story was unreturned.
US Atty Biskupic has recently taken heavy criticism for stretching federal statues to bring federal prosecutions in public corruption cases (one already infamous case tossed out of an appellate court in April and described as composed of evidence that is "beyond thin") and voter fraud cases (similarly criticized by observers).
With the extraordinary federal indictment and trial of Roberts while the VA issue of Roberts' alleged "fraud" was and is still pending administrative action before the VA, and as of August 30, 2005 pending adjudicative action before the US Court of Appeals for Veteran's Claims in D.C. (which has exclusive jurisdiction over VA claims, per United States Code), Biskupic appears to be responding to the Bush administration's hostility to PTSD claims.
In other words, Congress gave the responsibility for the adjudication of VA claims to the Secretary of Veterans Affairs, not the Attorney General of the United States.
In its press release noting the sentencing of Roberts, Biskupic's office quotes John W. Brooks, the Special Agent-in-Charge at the VA's Office of the Inspector General (OIG) in Chicago. "The VA Office of the Inspector General is mindful that fraudulent claims which take money from deserving veterans cannot be tolerated. …," said Brooks, sounding a lot like VA Secretary Nicholson and one American Enterprise Institute scholar, Dr. Sally Satel
Excerpt
Much more research on this at Michael Leon's site.
>>>Worse than a stacked deck, the VA was headed (and still is) by Jim Nicholson, former Republican National Committee Chair (1997-2000) who sports a resume devoid of experience in veterans' advocacy and seems openly hostile to disability compensation, an appearance Nicholson tries to deflect in publicstatements.<<
http://www.logcabinwa.com/archive/98101402.shtml
This is Jim Nicholson?
It seems a man affiliated with anti war activists is heading the VA.
Take a look at this link:
Stonewall Warriors A.N.S.W.E.R.
Stonewall Warriors are the Stonewall Vets.
This group, Stonewall, was started by a man investigated for ties to communism, Henry "Harry" Hay.
Log Cabin Republicans are members of the Human Rights Council that belong to Stonewall.
Stonewall is also funded by George Soros' Gay.ru.
I see a man with anti war activist connections in charge of veteran's benefits as a big problem right there.
I’m gonna see if Uncle Jimbo at Blackfive.net has any info on this since he is in Madison, WI. Not sure he’ll be able to respond, I’m sure he gets a ton of email questions.
Look what sites this blog chooses to link to:
Journal Links
Talking Points Memo
Op Ed News
Crooks and Liars
MyDD
Uppity Wisconsin
News Now Public
Smirking Chimp
Veterans Today
Nam Guardian Angel
Cry Rape
Noam Chomsky
The Nation
Media Matters
Think Progress
Informed Consent
McClatchy
New York Times
Washington Post
Haaretz
Middle East Times
Al Jazeera
Iraq Coalition Casualties
Taylor/Laughlin (Billy Jack)
Ecological Internet Portal
QNU - LGBT Civil Rights News
Basford’s Spin City
SuperStringTheory Site
Delightful Children’s Books
Wigderson’s Library & Pub (Waukesha Right-winger)
That’s almost exclusively a roll call of leftist sources, I mean seriously...Noam Chomsky!??!
Typical VA behavior.
U.S. Department of Justice
United States Attorney’s Office
Eastern District of Wisconsin
Green Bay Division
205 Doty Street, Suite 301 920 / 884-1066
Green Bay, WI 54301
March 5, 2007
NEWS SUMMARY: Oconto County Resident Sentenced to Prison for False Claims of Post Traumatic Stress Disorder and Defrauding the Department of Veterans Affairs (VA) of over $350,000
United States Attorney Steven M. Biskupic announced today that Keith A. Roberts (DOB: 4/13/48) of Gillett, Wisconsin, was sentenced on March 2, 2007, to 48 months in federal prison by United States District Judge William C. Griesbach. Roberts was convicted during a three-day jury trial in November 2006, on five counts of wire fraud, stemming from false claims that Robert made VA benefits from 1994 to 2004. Those false claims caused Roberts to fraudulently obtain over $355,000 in VA benefits. Roberts was an airman stationed at the Naval Air Facility in Naples, Italy, in 1969. The indictment alleged, and the government proved at trial, that Roberts fabricated his role in the attempted rescue of an airman who was killed at the Naval Air Facility on February 4, 1969.
Roberts also fabricated his relationship with that airman. Roberts was discharged from active duty in 1971. Over 25 years later, in December 1994, Roberts falsely claimed to the VA that the airman’s death in 1969 caused Roberts to suffer from post-traumatic stress disorder (PTSD).
Based on that false claim, the VA granted Roberts’ benefits claim retroactive to 1992. The VA began making monthly payments to Roberts’ bank account; between direct payments to Roberts and education benefits for his children, Roberts was paid over $355,000 in VA benefits to which he was not entitled based on his fraudulent claims.
Following the conviction, John W. Brooks, the Special Agent-in-Charge at the VA’s Office of the Inspector General (OIG) in Chicago, commented: “We are always mindful of, and thankful for, the many great sacrifices by the men and women of the military, both past and present, especially whenever our nation celebrates Veterans Day.
The VA Office of Inspector General is mindful that fraudulent claims which take money from deserving veterans cannot be tolerated. While unfortunate that this trial was necessary, the jury in this case correctly asserted that such fraudulent claims will not be tolerated.”
The case was investigated by Special Agents Ray Vasil and Joe Cossairt of the VAOIG in Chicago. The case was prosecuted by Assistant United States Attorney Timothy Funnell, U.S. Attorney’s Office for the Eastern District of Wisconsin, Green Bay Division.
# # # For more information contact:
Assistant United States Attorney Timothy Funnell
(920/884-1068)
or First Assistant United States Attorney Michelle L. Jacobs (414-297-1700)
“I see a man with anti war activist connections in charge of veteran’s benefits as a big problem right there”
Veterans have a tough enough problem trying to get C + P (Compensation and Pension) for their disabilities without this type of person forestalling them...
Mr. Nicholson was born in 1938 and grew up on a tenant farm in northwest Iowa in a family of seven children. He is a 1961 graduate of the United States Military Academy at West Point, N.Y. He served eight years on active duty as a paratrooper and Ranger-qualified Army officer, then 22 years in the Army Reserve, retiring with the rank of colonel. While serving in Vietnam, he earned the Bronze Star Medal, Combat Infantryman Badge, the Meritorious Service Medal, Republic of Vietnam Cross of Gallantry and two Air Medals.
Are you saying Jim Nicholson doesn’t belong to the Log Cabin Republicans?
I don’t understand your post, as RNC chairman he issued a statement, is he a Log Cabin Republican and an anti war activist?
October 14, 1998
(WASHINGTON) Republican National Committee Chairman Jim Nicholson today issued the following statement concerning the beating death of University of Wyoming freshman Matthew Shepard:
The LCR recruiting docs I saw say, John Moran, Ralph Reed and Jim Nicholson are the ones that opened up the RNC to Main Street and Log Cabin Republicans.
Log Cabins are affiliated with anti war protestors. I showed that in my post 1.
So Nicholson is not a member of the LCR and the anti-war movement?
Like I said I don’t get your thread, it just doesn’t make sense.
My thread is about Airman Keith Roberts.
Post 1 is showing Nicholson’s group affiliations.
>>>>So Nicholson is not a member of the LCR and the anti-war movement?
What?
Keith Richards is not an airman and as far as I know Vietnam vet Colonel Nicholson is not in any of those groups, so I don’t know what this is about.
You seem to be pushing some hard left view of this.
Richards is a scam artist, and this site you are pushing is a radically left blogger.
“Michael Leon is a writer living in Madison, Wisconsin. His writing has appeared nationally in The Progressive, In These Times, OpEdNews.com, and CounterPunch. Michael can be reached at: maleon64@yahoo.com.
Interests
Physics - Cognitive Science - Peace and living in a classical liberal democracy.”
I don’t know MIL. I’m not pushing a thing. This went out on the Legion mail and I posted it here.
If you have a problem with the blog, contact the author, not me.
As for Jim Nicholson’s affiliation with LCR, I stand by that until you or anyone else shows me differently.
Who the heck is Keith Richards?
“As for Jim Nicholson’s affiliation with LCR, I stand by that until you or anyone else shows me differently.
What affiliation does he have, I still don’t know why you are saying that, at least give me a clue as to what you are basing that on.
I did in post 12.
I also linked the press release LCR carried.
Who is Keith Richards?
I accidentally said Richards instead of Roberts, I just assumed you could figure that out.
The Rep. National Chairman issuing a statement does not make him a LCR., this is pretty nutty stuff but now that I have read your home page and I think I understand.
“””October 14, 1998
(WASHINGTON) Republican National Committee Chairman Jim Nicholson today issued the following statement concerning the beating death of University of Wyoming freshman Matthew Shepard:”””
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