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New York Man Filed False Military Discharge Papers

New York Man Filed False Military Discharge Papers


Marc S Restucci was sentenced by U.S. Magistrate Judge Marian W Payson on November 8, 2012 for filing a fake military discharge certificate.  He received two years of probation.  


The facts of the case were presented by Assistant U.S. Attorney Craig R. Gestring.  He stated that Restucci initially made a claim for VA Disability Benefits when he was never entitled to the benefits in the first place.  After the claim was denied by the VA, he filed more false documents with the VA.  


He submitted a fake DD-214-Certificate of Discharge that referred to combat and awards in the 1983 invasion of Grenada called Operation Urgent Fury.  He also filed fake documents that stated he received a Purple Heart Medal for wounds related to combat.  


It didn’t take long for agencies to know the documents were false.  The Department of Veterans Affairs’ Office of Inspector General determined that Restucci never saw combat in Operation Urgent Furry, never stepped foot in Grenada, and never saw hostile activity during his time in the military.  


Restucci was initially arrested for violating the Stolen Valor Act after he submitted a document with a forged signature and notary seal related to the Purple Heart Medal.  The Stolen Valor Act is a federal crime for falsely claiming a medal issued under the Congress for the Armed Forces of the United States.  However, the United States Supreme Court found that the Stolen Valor Act was unconstitutional according to the First Amendment in June of 2012 in the case United States v. Alvarez.  Prosecution for that part of the case was thrown out, and Restucci received lesser sentence.  


The investigation was led by the United States Department of Veterans Affairs and the Federal Bureau of Investigation.  


Source: Federal Bureau of Investigation

Learn About the Legislative Navy JAG

Learn About the Legislative Navy JAG

What is the United States Navy JAG?
The Navy JAG Corps – or Judge Advocate General Corps of the United States Navy – are the acting legislative body responsible for the legal oversight with regard to the United States Navy. Navy JAG Corps not only oversee the court martial process, but also are responsible for upholding the maintenance of the protocols and parameters expressed within the Uniform Code of Military Justice (UCMJ).


The Navy JAG Judicial System
In many cases, the legal issues addressed by the acting Navy JAG Corps are specific – these include war crimes, treason, sedition, the refusal to obey orders, undue violence, and offenses directed against military personnel:
Absent Without Leave (AWOL): The unlawful desertion of a service member with regard to their respective commitment to the United States Armed Forces; individuals deemed to have abandoned positions may be tried by military court and subsequently court martialed.
Navy JAG Court Martial: An Navy JAG court martial exists in the event that an offense is deemed to be under the jurisdiction of both military court judicial review, as well as military court oversight; court martials may mirror the legal process that exists within civil court, yet military personnel – service members and prisoners of war – are the only individuals able to be subject to such proceedings. Matters involving United States Armed Forcedservice members may constitute overlapping legal fields with regard to the corresponding legal proceeding. 

Navy JAG Legal Jurisdiction
In the event that an individual is brought before a military court with regard to matters concerning the United States Armed Forced, service members should be made aware that military law – as well as the Uniform Code of Military Justice – varies on a locational basis:
Civil Law: Legal parameters implicit within both the process of Military judicial review, as well as punitive recourse imposed by Federal Judicial Officials or Navy JAG Corps may be handled outside of the protocols latent within Civil Law
Military Law: In certain cases, military law is similar to civil law in the manner that applicable legal codes specify any or all punitive recourse with regard to crimes and offenses; military law offers a specific framework for conducting, trying, and sentencing. On the other hand, military law differs from civil law – specifically with regard to matters overseen byNavy JAGCorps – as such matters are neither standard nor applicable to civilian legislative parameters; as a result, legality specific to military service may be subject to military judicial review, as well as military court-mandated classification and punishment(s).
Federal Law: As per the guidelines expressed within the disbursement of a triune governmental oversight system, the United States Armed Forces exist under the jurisdiction of the Executive branch of the government; this results in the appointment of the President of the United States as the Commander in Chief of the entirety of the Armed Forces. 

Navy JAGCorps and the Uniform Code of Military Justice (UCMJ)
Individuals in the service of the United States Military are typically subject to their respective adherence to the Uniform Code of Military Justice (UCMJ):
The UCMJ is considered to be a code of legislative protocol with regard to legal matters applicable to service members – service members may be subject to be tried under military court in lieu of civil court
Those serving in the United States Military do so under the implicit understanding service members may be subject to Military Court hearings in lieu of Civil Court hearings. Matters undertaken under the jurisdiction of the military, such as the United States Navy JAG, will be assessed by court officials appointed for the oversight of such matters

How is Military Law Different from Other Laws

How is Military Law Different from Other Laws

What is Military Law in the United States of America?
As a service member, an individual will typically undergo circumstances that are unique to military service; those serving in the United States Military do so under the implicit understanding service members may be subject to Military Court hearings in lieu of correspondinglegal hearings applicable in circumstances existing outside of military service and military law.
Legal matters undertaken under the jurisdiction of the military – such as the protocol of Military Law upheld within the United States – will be assessed by court officials appointed for the oversight of such matters.As a result, legality specific to military service may be subject to military judicial review, as well as military court-mandated classification and punishment(s).

Military Law vs. Civil Law
On one hand, military law is similar to civil law in the manner that applicable legal codes specify any or all punitive recourse with regard to crimes and offenses; military law offers a specific framework for conducting, trying, and sentencing. On the other hand, military law differs from civil law – specifically with regard to matters concerning Military Law – as such matters are neither standard nor applicable to civilian legislative parameters. 

Military Law vs. Federal Law

Military Law is a legal field classified as a subgenre of Federal Law, which typically addresses the activity and behavior of military personnel; this can include sedition, treason, war crimes, criminal offenses directed towards fellow military personnel, and AWOL charges -unlawful desertion of a service member with regard to their respective commitment to the United States Military Law. 
However, the United States Department of Defense operates under Federal Law as per the guidelines expressed within the disbursement of a triune governmental oversight system, which allows for the United States Military Law to exist under the jurisdiction of the Executive branch of the government – resulting in the appointment of the President of the United States as the Commander in Chief of the entirety of the Armed Forces. Martial Law – the instatement of Military rule over specific jurisdictions within a country or nation – typically falls under the jurisdiction of Federal Law.

Instruments of Military Law
The following legal procedures and methodologies are common within the legal parameters of Military Law:
Individuals in the service of the United States Military are typically subject to their respective adherence to the Uniform Code of Military Justice (UCMJ), which is a code of legislative protocol with regard to legal matters applicable to service members
Judge Advocate General Corps (JAG)serve as the acting legal body within the United states Military Law; JAG Corps not only oversee the court martial process, but are responsible for upholding the maintenance of the protocols and parameters expressed within the Uniform Code of Military Justice, as well
A court martial ordered in accordance to Military Law exists in the event that an offense is deemed to be under the jurisdiction of both military court judicial review, as well as military court oversight; court martials may mirror the legal process that exists within civil court, yet military personnel – service members and prisoners of war – are the only individuals able to be subject to such proceedings

An Overview of the United States Military

An Overview of the United States Military

What is the United States Military (US Military)?
The US Military is the overarching classification given to the multitude of branches that encompass the Armed Forces of the United States; this includes recruitment, weapons development, administrative staffing, military strategizing, and war operations. The US Militaryis responsible for the protection of American citizens, both domestic and abroad, from any means of aggression.
The US Military operates under Federal Law as per the guidelines expressed within the disbursement of a triune governmental oversight system, which allows for the US Military to exist under the jurisdiction of the Executive branch of the government; this results in the appointment of the President of the United States as the Commander in Chief of the entirety of the Armed Forces.

What are the Branches of the US Military?
Within the US Military, a variety of military branches exist that are responsible for a multitude of combat operations:
The Army is classified as the ground forces overseen by the United States Department of Defense; the Army may be subject to a wide variety of military deployment, ranging from both domestic and foreign in location
The Marine Corps is a branch of the United States Military that is typically classified as a branch of the Navy; the Marine Corps will engage in ground and amphibious deployment – although this classification exists, the Marine Corps have been consider to converge the boundaries between marine and infantry-based warfare
The Air Force is the branch of the US Military that is responsible for the engagement of flight-based, airborne combat
The Navy is the branch of the armed forces responsible for marine-based military deployment;The Navy undergoes their military operations through the usage of a variety of military equipment and technology – the Navy operates a variety of naval – as well as airborne – military instrumentation

Military Law vs. Federal Law
Federal Law: TheUnited States Department of Defense operates under Federal Law as per the guidelines expressed within the disbursement of a triune governmental oversight system, which allows for the US Military to exist under the jurisdiction of the Executive branch of the government; this results in the appointment of the President of the United States as the Commander in Chief of the entirety of the Armed Forces. However, Military Law – a legal field classified as a subgenre of Federal Law – typically addresses the activity and behavior of military personnel
MilitaryLaw: A court martial exists in the event that an offense is deemed to be under the jurisdiction of both military court judicial review, as well as military court oversight; court martials may mirror the legal process that exists within civil court, yet military personnel – service members and prisoners of war – are the only individuals able to be subject to such proceedings.
Matters involving US Militaryservice members may constitute overlapping legal fields with regard to the corresponding legal proceeding. Furthermore, in the event that an individual is brought before a military court with regard to matters concerning the US Military, service members should be made aware that military law – as well as the Uniform Code of Military Justice (UCMJ) – varies on a locational basis.

What are the Branches of the Military?

What are the Branches of the Military?What are the Branches of the Military?
Within the construct of the United States Military, a variety of individual branches of the military exist; responsible for a multitude of combat operations:
•    The Army is the ground forces overseen by the United States Department of Defense responsible for a wide variety of military deployment, ranging from both domestic and foreign in location
•    The Marine Corps are a branch of the Navy who engage in ground and amphibious deployment – the Marine Corps have been consider to converge the boundaries between marine and infantry-based warfare
•    The Air Force is responsible for the engagement of flight-based, airborne combat
•    The Navy undergoes military operations through the usage of a variety of military equipment and technology, ranging from marine to airborne combat operations

Branches of the Military Legal Jurisdiction
The United States Department of Defense operates under Federal Law as per the guidelines expressed within the disbursement of a triune governmental oversight system, which allows for the United States Branches of the Military to exist under the jurisdiction of the Executive branch of the government; this results in the appointment of the President of the United States as the Commander in Chief of the entirety of the Armed Forces. However, Military Law – a legal field classified as a subgenre of Federal Law – typically addresses the activity and behavior of military personnel; this can include:
Uniform Code of Military Justice: Individuals – regardless of service in the various branches of the military – are typically subject to their respective adherence to the Uniform Code of Military Justice (UCMJ); the UCMJ is considered to be a code of legislative protocol with regard to legal matters applicable to service members – service members may be subject to be tried under military court in lieu of civil court. Those serving in the various branches of the Military do so under the implicit understanding service members may be subject to Military Court hearings in lieu of Civil Court hearings. Matters undertaken under the jurisdiction of the branches of the military will be assessed by court officials appointed for the oversight of such matters.
Martial Law: Martial Law is the instatement of Military rule over specific jurisdictions within a country or nation; in many cases with regard to the implementation of heightened security measures, variousBranches of the Military may be appointed in the event that the acting body of civil law enforcement is unable to maintain sufficient order.
Judge Advocate General (JAG Corps): The JAG Corps – or Judge Advocate General Corps – are classified as the acting legal body responsible for legal oversight with regard to variousBranches of the Military. JAG Corps not only oversee the court martial process, but also are responsible for upholding the maintenance of the protocols and parameters expressed within the UCMJ; in many cases, the legal issues addressed by the acting JAG Corps are specific – these include: war crimes, treason, sedition, refusal to obey orders, undue violence, and offenses directed against military personnel.

The Unlawful Action of Being AWOL

The Unlawful Action of Being AWOL

What is Desertion?
Desertion, which is the military term ‘Absent without Leave (AWOL)’is defined as the unlawful desertion of a service member with regard to their respective commitment to the United States Armed Forces. Service members accused of desertion may undergo such allegations as a result of a variety of action, which constitutes the active and purposeful disavowal from service in the United States Armed Forces.
Desertion vs. Missing in Action (MIA)

Desertion – the classification of personal absence on the part of an individual serviceperson deemed as abrogation – differs from individuals for who cannot be accounted as a result of a disappearance resulting from combat operations. Individuals classified as ‘Missing in Action’ are granted a legislative pardon mandated by the acting Military Judicial body responsible for the oversight of the legal jurisdiction of the United States Armed Forces; Individuals deemed to have abandoned positions may be tried by military court and subsequently court martialed.

Judicial Hearings and Charges of Desertion


The Judge Advocate General Corps (JAG Corps) serves as the acting legal body within the United States with regard to the judicial process concerning charges of Desertion; this judicial body is responsible for the oversight the court martial process, as well as the promulgation of the protocols and parameters expressed within legislation concerning allegations of activity potentially-classified as Desertion.
Desertion and the Uniform Code of Military Justice (UCMJ)

Individuals in the service of the United States Military are typically subject to their respective adherence to the Uniform Code of Military Justice, which serves as a code of legislative protocol that exists in conjunction to legal matters applicable to service members of the Armed Forces. Service members suspected of Desertion will be subject to judicial review under the Judge Advocate General Corps in lieu of civil court legal proceeding(s). 
Implicit Legality of Desertion Charges

Those serving in the United States Military do so under the implicit understanding that the enlistment in the service of the United States Armed Forces is irrevocable unless premature termination of service is approved by applicable military authorities responsible for the oversight of such matters.Military law differs from civil law – specifically with regard to matters concerning desertion from the Armed Forces – as such matters are neither standard nor applicable to civilian legislative parameters. As a result, legality specific to military service may be subject to military judicial review, as well as military court-mandated classification and punishment(s).
Punitive Recourse with Regard to Desertion Charges

A court martial exists in the event that an offense is deemed to be under the jurisdiction of both military court judicial review, as well as military court oversight; court martials may mirror the legal process that exists within civil court, yet military personnel – service members and prisoners of war – are the only individuals able to be subject to such proceedings. Furthermore, individuals suspected ofDesertionservice members may constitute overlapping legal fields with regard to aDesertion charge with regard to subsequent activity undertaken during the unlawful desertion in question.

Learn About the Legislative Army JAG

Learn About the Legislative Army JAGWhat is the United States Army JAG?
The Army JAG Corps – or Judge Advocate General Corps of the United States Army – are the acting legislative body responsible for the legal oversight with regard to the United States Army. Army JAG Corps not only oversee the court martial process, but also are responsible for upholding the maintenance of the protocols and parameters expressed within the Uniform Code of Military Justice (UCMJ).

The Army JAG Judicial System
In many cases, the legal issues addressed by the acting Army JAG Corps are specific – these include war crimes, treason, sedition, the refusal to obey orders, undue violence, and offenses directed against military personnel:
Absent Without Leave (AWOL): The unlawful desertion of a service member with regard to their respective commitment to the United States Armed Forces; individuals deemed to have abandoned positions may be tried by military court and subsequently court martialed.
Army JAG Court Martial: An Army JAG court martial exists in the event that an offense is deemed to be under the jurisdiction of both military court judicial review, as well as military court oversight; court martials may mirror the legal process that exists within civil court, yet military personnel – service members and prisoners of war – are the only individuals able to be subject to such proceedings. Matters involving United States Armed Forcedservice members may constitute overlapping legal fields with regard to the corresponding legal proceeding.

Army JAG Legal Jurisdiction
In the event that an individual is brought before a military court with regard to matters concerning the United States Armed Forced, service members should be made aware that military law – as well as the Uniform Code of Military Justice – varies on a locational basis:
Civil Law: Legal parameters implicit within both the process of Military judicial review, as well as punitive recourse imposed by Federal Judicial Officials or Army JAG Corps may be handled outside of the protocols latent within Civil Law

Military Law: In certain cases, military law is similar to civil law in the manner that applicable legal codes specify any or all punitive recourse with regard to crimes and offenses; military law offers a specific framework for conducting, trying, and sentencing. On the other hand, military law differs from civil law – specifically with regard to matters overseen byArmy JAGCorps – as such matters are neither standard nor applicable to civilian legislative parameters; as a result, legality specific to military service may be subject to military judicial review, as well as military court-mandated classification and punishment(s).
Federal Law: As per the guidelines expressed within the disbursement of a triune governmental oversight system, the United States Armed Forces exist under the jurisdiction of the Executive branch of the government; this results in the appointment of the President of the United States as the Commander in Chief of the entirety of the Armed Forces.

Army JAGCorps and the Uniform Code of Military Justice (UCMJ)
Individuals in the service of the United States Military are typically subject to their respective adherence to the Uniform Code of Military Justice (UCMJ):
•    The UCMJ is considered to be a code of legislative protocol with regard to legal matters applicable to service members – service members may be subject to be tried under military court in lieu of civil court
•    Those serving in the United States Military do so under the implicit understanding service members may be subject to Military Court hearings in lieu of Civil Court hearings. Matters undertaken under the jurisdiction of the military, such as the United States Army JAG, will be assessed by court officials appointed for the oversight of such matters

A Guide to the Air Force

A Guide to the Air ForceWhat is the United States Air Force?
The United States Air Force is the branch of the United States Military that is responsible for the engagement of flight-based, airborne combat. Although the United States Air Force may share certain airborne duties with the United States Navy, the primary objective attributed to those serving in the United States Air Force is the protection of any and all airspace undertaken by the United States of America; such airspace may range from airspace existing on a domestic level, as well as on an international one.

The United States Air Force Judicial System
The United States Department of Defense operates under Federal Law as per the guidelines expressed within the disbursement of a triune governmental oversight system, which allows for the United States Air Force to exist under the jurisdiction of the Executive branch of the government; this results in the appointment of the President of the United States as the Commander in Chief of the entirety of the Armed Forces. However, Military Law – a legal field classified as a subgenre of Federal Law – typically addresses the activity and behavior of military personnel, which can include:
Court Martial: The procedures and legislative process implicit within the investigation – and prospective lawsuit – with regard to issues involving Military Law and the United States Air Force may vary on an individual, case-by-case basis. A court martial exists in the event that an offense is deemed to be under the jurisdiction of both military court judicial review, as well as military court oversight; court martials may mirror the legal process that exists within civil court, yet military personnel – service members and prisoners of war – are the only individuals able to be subject to such proceedings.

Judge Advocate General (JAG Corps): The JAG Corps – or Judge Advocate General Corps – are classified as the acting legal body within the United states Air Force. JAG Corps not only oversee the court martial process, but also are responsible for upholding the maintenance of the protocols and parameters expressed within the UCMJ; in many cases, the legal issues addressed by the acting JAG Corps are specific – these include: war crimes, treason, sedition, refusal to obey orders, undue violence, and offenses directed against military personnel.

The United States Air Force and Military Law

The United States Department of Defense (DOD) is a branch of the Federal Government that maintains all operations involving the United States Air Force; this includes recruitment, weapons development, administrative staffing, military strategizing, and war operations – the United States Department of Defense is responsible for the protection of American citizens, both domestic and international, from any means of aggression:
•    The implicit parameters latent within both the process of Military judicial review, as well as punitive recourse imposed by Federal Judicial Officials or Judge Advocate General Corps may be handled outside of the protocols latent within Civil Law
•    Matters involving the United States Air Forceservice members – or military operations undertaken – may constitute overlapping legal fields with regard to the corresponding legal proceeding; furthermore, in the event that an individual is brought before a military court with regard to matters concerning the United States Air Force, service members should be made aware that military law – as well as the Uniform Code of Military Justice – varies on a locational basis
•    Individuals serving in the United States Air Force are encouraged to consult with legal professionals specializing in military law, as well as civil law

Understanding Court Martials

Understanding Court MartialsWhat is a Court Martial?

The procedures and legislative processes implicit within the investigation – and prospective military judicial oversight – with regard to issues involving alleged criminal offenses occurring within the realm of the United States Armed Forces are determined upon sentencing with regard to legislature expressed within the expanses of military law. Upon sentencing, a court martial may take place in the event that a conviction is imposed from the applicable military court. Court Martials may mirror the legal process that exists within civil court, yet military personnel – service members and prisoners of war – are the only individuals able to be subject to such proceedings. Matters involving service members enlisted in the United States Armed Forces may constitute overlapping legal fields with regard to the corresponding legal proceeding. Military law – with regard to any or all protocol existing in conjunction to the sentencing of a court martial – varies on bothon a locational basis, as well as a jurisdictional one.

Court Martial Sentencing

The following methodology may be enacted in the event that the legislative body responsible for military judicial oversight acts to impose a court martial sentence:
1.    Those serving in the United States Military do so under the implicit understanding service members may be subject to Military Court hearings in lieu of Civil Court hearings. Due to the fact that a court martial sentence cannot – and does not – legally exist within a civilian setting, a court martial exists solely under the jurisdiction of Military Law.
2.    Individuals in the service of the United States Armed Forces are subject to their respective adherence to the Uniform Code of Military Justice (UCMJ), which is a code of legislative protocol with regard to legal matters applicable to service members enlisted in the Armed Forces.
3.    Judge Advocate General Corps (JAG) serve as the judicial body responsible for legal oversight with regard to service members enlisted in the United States Armed Forces. JAG Corps not only oversee the court martial process, but also are responsible for upholding the maintenance of the protocols and parameters expressed within the UCMJ; stipulations for the enactment of a court martial sentencing exist within the expanses of the Uniform Code for Military Justice

Offenses Resulting in a Court Martial
The following offenses may result in a court martial sentencing upon the finding of a guilty verdict:
Absent Without Leave (AWOL): The unlawful desertion of a service member with regard to their respective commitment to the United States Armed Forces; individuals deemed to have abandoned positions may be tried by military court and subsequently court martialed.
Treason: The act of treason is defined as an act of sabotage, disloyalty, or sedition committed by a citizen – or citizens – directed at the specific country or nation to which that citizenship belongs.
Military Rape: Within the scope of Military Law, this nature of rape is the illegal and unlawful engagement of a sexual act involving military personnel; similarly to civilian rape, military rape exists in a non-consensual fashion, typically taking place through threat, force, or exploitation – military rape may be punishable by court martial.

Army Major Receives 18 Months for Bribery Scheme

Army Major Receives 18 Months for Bribery Scheme
On November 13, 2012, the Department of Justice announced that James Momon Jr (a former US Army Major) of Alexandria, Virginia, received 18 months in prison for his involvement in a bribery scheme when he was stationed as a contracting official in Camp Arifjan, Kuwait.  The bribery reportedly occurred from 2005 to 2006.  Momon was sentenced by U.S. District Judge Emmet G. Sullivan in the District of Columbia.
In addition to the prison time, Momon is also required to serve three years of supervised release and pay $5.8 million in restitution jointly and severally with the other co-defendants.
19 individuals have pleaded guilty to cooperation in the bribery scheme so far.  Momon pleaded guilty to one count of conspiracy and two counts of bribery.
Court documents show Momon admitted to accepting multiple bribes from Department of Defense (DOD) contractors that provided bottled water and other items to troops in Kuwait.  The bribes motivated Momom to help award the contracts.
Momon was also bribed to help in the award of blanket purchase agreements (BPAs) as well.  These contracts let the DOD order supplies as they are needed at a price that is previously negotiated.  In total, Momon accepted $5.8 million from the co-conspirators, and $1.6 million was in cash and luxury items.
Court documents also indicate that Momon started his contracting duties in place of U.S. Army Major C. Cockerham.  Cockerman admitted to accepting bribes himself during his time in Kuwait from 2004 to 2005, and he pleaded guilty in February of 2008.  He was sentenced to 210 months in prison, and the judge ordered him to pay $9 million in restitution.
The case is still being investigated by the Defense Criminal Investigation Service, the Army Criminal Investigation Command Division, the IRS Criminal Investigation Division, the FBI, and the Special Inspector General for Iraqi Reconstruction.
Source: U.S. Department of Justice