What does the Stolen Valor Act aim to protect? Prison time for Texas man violating the law
Tyler man Derek Robert Hamm, 39, has been sentenced to more than 11 years in federal prison after he pleaded guilty to violating the Stolen Valor Act, wire fraud, money laundering, using a fraudulent military discharge certificate and being a felon in possession of firearms and ammunition.
Hamm’s sentence was the largest ever imposed in relation to a fraud scheme involving the Stolen Valor Act, according to the Department of Justice. Hamm invented a persona of being a “wealthy and successful war hero.”
The Stolen Valor Act of 2013 makes it illegal to fraudulently wear medals, embellish rank or make false claims of military service to obtain money, employment, property or some other tangible benefit.
“Hamm held himself out to be a former member of the Army Special Forces who had served multiple tours of duty in Iraq, Afghanistan, and other countries,” the DOJ news release said. “He claimed to have been awarded a Purple Heart, Bronze Star, Silver Star, and Distinguished Service Cross for his service.”
What is stolen valor?
It refers to a person falsely claiming they performed military service, earned military awards or medals or were a prisoner of war. Several prominent figures have been exposed for lying about their military records, making the issue more significant in recent decades.
What does the Stolen Valor Act attempt to protect?
The US passed legislation criminalizing stolen valor first in 2005, then with an amendment in 2013.
The Stolen Valor Act of 2005 was a federal law that made it a federal misdemeanor to make false statements about earning a military decoration or medal. It was passed by Congress to uncover fraud in an attempt to protect the valor of legitimate recipients.
The Supreme Court struck it down in United States v. Alvarez, when judges ruled that the arrest and prosecution of a citizen for wearing unearned military awards without criminal intent violated their constitutional right to free speech.
How was the stolen valor law amended in 2013?
Because the 2005 law did not account for the intent of making those false claims, it was amended in 2013 following the Supreme Court ruling.
The Stolen Valor Act of 2013 makes it a crime to falsely claim military service, embellished rank or earned awards specifically with the intent to obtain money, property or other tangible benefits.
The valor awards mentioned in the act include:
- Medal of Honor
- Distinguished Service Cross
- Navy Cross
- Air Force Cross
- Silver Star
- Bronze Star
- Purple Heart
- Combat Action Ribbon
- Combat Infantryman’s Badge
- Combat Action Badge
- Combat Medical Badge
- Combat Action Medal
Fraudulent claims regarding military service are subject to a fine, imprisonment or both.
