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