Toledo's Correspondence Course Colonel--Rich Iott, Re-enactor, Retard

Tom Troy at the Toledo Blade has this remarkable account of a local republican congressional candidate that falls within the narrative arc of the "stolen valor" cases that we've talked about on Bad Lawyer and in the media generally this year.

A "stolen valor" case, to refresh your recollection, is where a guy falsely claims to be a war hero or army veteran, usually for no other reason than for the perception that the status brings some sort of prestige or honor.  These sorts of cases range from individuals who maybe overly-identify with veterans and possibly mean well, to outright scoundrels who use the claimed status to defraud benefits or money from governmental agencies.  Laws to target these sorts of frauds have been widely-enacted and are being struck down as unconstitutional infringements on free speech while prosecutions for criminal fraud which encompass misrepresentations of military honors or veteran status are appropriate and proper. 

Troy's story is not a "stolen valor," case.  It's more consistent with an attempted theft, or gross exaggeration a la, Attorney General and Senate candidate Richard Blumental in Conneticut or Mark Kirk in Illinois. 

"Nothing dresses up a politician's resume like military experience — and Republican Rich Iott has not been shy in making the most of his in the contest for the 9th Congressional District seat.  Mr. Iott, who is running against incumbent Marcy Kaptur (D., Toledo), is a colonel in the Ohio Military Reserve, an unarmed, volunteer state militia that is authorized by the Ohio Adjutant General.

The Monclova Township businessman often mentions his Ohio Military Reserve experience on the campaign trail and in mailings to prospective voters.  One glossy mailing portrays Mr. Iott in civilian and military garb and says, 'Rich Iott understands the sacrifices our men and women in uniform have made because he serves himself.'  Another one says, 'Reservist Rich Iott will stand up and fight for our veterans.'  But Mr. Iott's claim to be a member of the military, when he was never on active duty, have rankled those serving in or retired from the armed forces.

Retired Ohio Adjutant General John Smith, a Vietnam veteran who was once commander of the 180th Air National Guard fighter wing based at Toledo, said the OMR has no role in the national defense and has never been called up for duty.  'He's stretching it in terms of what the Ohio Military Reserve does. He's giving the impression, I would suggest, that he is involved in matters related to national security and to state matters, and they are not. They are never consulted,' General Smith said.

General Smith said it's unlikely the governor ever will activate the reserve because of the cost of paying a lot of high-ranking reservists.  'They are extremely rank-heavy,' General Smith said.

The Ohio Military Reserves may be the Rodney Dangerfield of military organizations, but the members take their jobs seriously.

'Our people are sworn in. They are working for the state,' said Mr. Iott, who is deputy commander.

Unlike the Marine Corps and Army Reserves and the Ohio Air National Guard and the Ohio Army National Guard, the Ohio Military Reserves cannot be called up for national service.  However, if the governor needed the services of the Ohio Military Reserve, he would only need to order them up and they would go on the state's payroll in service of the state defense forces.

Sarah Reeseman, public information officer for the reserve, said the Ohio Military Reserve is an official state 'militia' authorized in state law.  'There is the legally authorized Ohio Revised Code militia and then there's the guys who run around in the woods who are illegal militias,' Ms. Reeseman, who holds the rank of major, said. 'We do serve as a component of the adjutant general's office.'

The reserve has an authorized force of 491 and an actual force at present of about 350, she said.  Its members train one weekend a month and one week a year at Camp Perry, west of Port Clinton. They receive no pay for their service, but the state budget has in the past authorized $15,000 to subsidize the cost of training.

'How I got involved is basically out of high school,' Mr. Iott told The Blade. 'I wanted to join the Army but was turned down because I had a heart murmur. I didn't know about this organization at the time. I joined in January, 1984, and have been in ever since.'

Most of Mr. Iott's resume involves assignments as a military policeman in Walbridge, Bowling Green, and Lima, Ohio.  One typical entry reads: 'Commander, 4th Military Police Brigade, Bowling Green, Ohio — May '06-Aug. '06,' with the note, 'not on active duty.'

As a member of the Ohio Military Reserve, Rich Iott cannot be called into national service.
Mr. Iott's military biography includes 59 courses he has taken from the Army, the Marine Corps, the Air Force, and other agencies — most by correspondence.

But in his campaign appearances Mr. Iott at times has faced criticism that his claims to a military status are exaggerated.  During a televised debate Sept. 27, Miss Kaptur quizzed Mr. Iott on how many 'battalions and brigades' he commands and in what theaters of operation they were deployed.

Miss Kaptur said voters are getting an outsized impression of Mr. Iott's military record and his status as a 'colonel.'  'I think that his service is being misperceived by the public, because a lot of people think or assume that he was a colonel in regular forces,' Miss Kaptur said. 'It is not an active unit. It has not served in the active duty forces of the country.'

Miss Kaptur was once made an honorary captain of the Ohio Military Reserve, but hasn't mentioned it in her campaign mailings.  Miss Kaptur said she applied for admission to the U.S. Air Force Academy while in high school but was denied because the academy wasn't admitting women at the time.  She instead cites her lead role in the creation of the World War II Memorial in Washington.

During the GOP primary campaign in the spring, Mr. Iott was assailed by supporters of his Republican opponent, Jack Smith, a Marine Corps veteran, that he was overstating his military service. 'It stretches the point about being military,' Mr. Smith said during one candidate forum.  One of Mr. Smith's supporters, Tom Morgan, state co-chairman of United Veterans for Ohio, said at the time: 'For him to tout himself as a 30-year military guy is a slap in the face to a veteran. He's a noncompensated volunteer.'

And in a televised debate last week, Mr. Iott was unable to explain why his occupation was identified as 'soldier' and his employer as  'state of Ohio' on a $500 contribution he made to the Republican National Committee in March, on a Federal Election Commission record.

During that debate, Miss Kaptur said, 'Well, it seems that that isn't true, that you weren't a soldier.'  When Miss Kaptur asked him if he was a veteran, Mr. Iott said, 'I have never claimed to be a veteran. My opponent in the primary claimed that I claimed that. But I have never served in the United States armed forces. All of my service has been in the state guard.'

The reserve traces its history to before the founding of Ohio, according to the reserve's commanding officer, Brigadier General Charles Rowell. And it has had several names, including Ohio Volunteer Cavalry.

It received its current name in the mid-1980s, converting from the Ohio Defense Corps, Mr. Rowell said.

In the past two years, the Ohio Adjutant General's office has revised the reserve's mission, from military police to 'civil support and sustainment brigade,' with specific duties for mass care — shelters for people displaced by a tornado or flood, for example, and logistics and resource support — moving material where it needs to be.  Mr. Iott said a lot of members quit the reserve because they didn't like the new mission. He said he supported the switch  '100 percent.'

Members say the new mission makes them more likely to be used at some point because there was a surplus of units capable of being military police and too few capable of providing mass care and logistical support. Mr. Iott said those were shortages that became apparent after the Hurricane Katrina disaster.  The unit quit training with firearms a few years ago because of the cost of staying certified, he said.

Mr. Iott has battled criticism over the last two weeks over revelations that he participated in war re-enactments wearing the uniform of a Nazi SS soldier. Critics have accused him of insensitivity to the victims of Hitler's Holocaust, while Mr. Iott has insisted he simply was indulging an interest in history.

He said there's no parallel to be drawn between his re-enactment activities — which included other wars, as well — and the Ohio Military Reserve.  And he said he's not surprised to be taking abuse from higher up the military pecking order.  'The active Army looks down its nose at the Army Reserves, the Army Reserves looks down its nose at the National Guard. That's been going on for hundreds of years,' Mr. Iott said."
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Yes, this is the same idiot who was running around dressed up in a Nazi SS uniform.  He's a wanna-be-something.

I'd love to know the provenance of the chest full of medals in the top image.  My guess is questionable at best.  He has on an array of insignia and awards that seem highly improbable if not actually fraudulent.  The image on the left was supplied by Iott, himself, according to the Blade website.  This guy is so over the top he makes Christine O'Donnell and Sarah Palin seem credible.

Fake Disabled Vet Gets 2 Years for Selling Fake Diamond Ring, etc.

Kent Faulk at the Birmingham News reports about the Huntsville, Alabama man who received a 2-Year federal prison term for among other things, representing himself as a "disabled veteran" in an effort to obtain government defense contracts and selling a cubic zirconium ring for $70,000!  It's an interesting story because it borders on the "stolen valor" claims that we've talked about on Bad Lawyer and I'm sure you've seen discussed elsewhere:

"A Huntsville man was sentenced today to two years in a federal prison for falsely claiming he was awarded the Purple Heart and other military medals, sold a fake diamond for $70,000, and claimed he was a disabled veteran to get government contracts.  Skyler Smith, 27, also was ordered by U.S. District Judge Sharon Lovelace Blackburn to pay $70,000 in restitution to the victim of the diamond scam, participate in a mental health program, and serve three years on supervised probation after his release.  During his supervised release his Internet activity will be monitored to make sure he doesn't use it to commit similar crimes and his computer equipment will be available for random inspection, the judge ordered.

'I don't know what kinds of problems you have that cause you to be this way,'  Blackburn told Smith at the hearing in Birmingham. She said she didn't know whether it was 'mental'  issues or 'a criminal mind' that caused him to be that way.

The U.S. Attorney's office had asked for the 24-month sentence. Blackburn said she had considered making his sentence longer.
Smith told the judge he had made some mistakes and would like the opportunity to make restitution.

Smith had been indicted in February on seven counts. Five of the counts involved his claims that he had military medals, including the Purple Heart. Another count involved selling a $12.90 cubic zirconia as a diamond for $70,000. And the other count involved claiming to be a disabled veteran in his bid to sell the government ballistic vests.

He pleaded guilty to the charges in April.
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I said the case borders on a Stolen Valor prosecution, but it's not.  Smith's just a fraud.  Althoguh I get the sense that the Judge was inclined to enhance the sentence based on the fraudulent misrepresentations of military honors and disability.

Question, what sort of person buys a $12.90 cubic zirconium ring for $70K?

More On Fake Leathernecks

AZCentral.com has more on the fake Marine, John Rodriguez (pic) who was convicted under multiple criminal fraud charges of faking military service and military honors for financial gain.  As we talked about, efforts to create the separate post-9/11criminal offense called "Stolen Valor" has been unsuccessful. These enactments are unconstitutional, but criminal convictions for financial fraud are always going to be upheld.  Rodriguez is a fraud.

Stolen Valor Law Unconstitutional

The Denver Post reported Saturday that the "Stolen Valor" law which made it illegal to lie about having military combat medals is unconstitutional.  Rick Strandlof (pic) was charged with Strandlof, 32, was charged with five misdemeanors related to violating the Stolen Valor Act — specifically, making false claims about receiving military decorations.


Strandlof used the alias, Rick Duncan,  who he said was a  wounded Marine captain and was awarded a Purple Heart and a Silver Star. Strandlof  as " Duncan" created the Colorado Veterans Alliance which raised funds for veterans causes. According to the Post article, Veterans who served on the board of the Veterans Alliance were suspicious of his claims and reported him to authorities, as I have said real veterans are not easily fooled by frauds based on hundreds of little cues.

The Post reports: " A federal judge in Denver has ruled that the Stolen Valor Act is 'facially unconstitutional' because it violates free speech, and he dismissed the criminal case against Rick Strandlof, a man who lied about being an Iraq war veteran. U.S. District Judge Robert E. Blackburn issued his decision Friday and rejected the prosecution's argument that lying about having military medals dilutes their meaning and significance. 'This wholly unsubstantiated assertion is, frankly, shocking and, indeed, unintentionally insulting to the profound sacrifices of military personnel the Stolen Valor Act purports to honor'  Blackburn wrote. 'To suggest that the battlefield heroism of our servicemen and women is motivated in any way, let alone in a compelling way, by considerations of whether a medal may be awarded simply defies my comprehension.'

 The act, signed into law in 2006, carries a punishment ranging from fines to six months in prison.
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We orginally looked at this issue in February.  The Bad Lawyer is a US Army veteran, in fact in preparing to be interviewed as part of my pre-sentence investigation I pulled togeteher al number of the old documents from my service circa 1972-1975.

As I said previously on Bad Lawyer, basic training and subsequent service makes life long changes in the way you talk, the way you hold yourself, the way you walk.  Any subtle deviations in military insignias or medals including placement and spacing is a dead give-away to the real veterans.  Yeah, I think pieces of work, like Strandlof are obnoxious--but unless they are stealing money, I can't think of any reason to have anything but contempt for their pathetic mimicry of real veterans and authentic heroes.

Stolen Honor--Fake Marine Guilty in Fraud Prosecution

AZCentral is reporting the story of the Scottsdale resident who has been convicted by a local jury of multiple counts of fraud arising out of pretending to be a Marine hero.  Colin Lecher's story follows:

"A Scottsdale man who pretended to be a decorated Marine was found guilty Monday on 12 fraud-related counts in Maricopa County Superior Court.   John W. Rodriguez (pic), 31, was convicted by a jury on charges of forgery, fraudulent schemes and presentation of a false instrument for filing.

Investigators were first alerted to Rodriguez after a former Marine saw him introduced as a decorated veteran at a special military function, according to officials at the state Department of Public Safety. The man noticed Rodriguez's uniform was not complete and thought it was odd for someone his age to be wearing the Navy Cross.

After researching Rodriguez, the man found he had never been in the military. The DPS took over the investigation and found Rodriguez had pretended to be a decorated veteran at several functions and had listed himself as currently serving in the military on his driver's license.  DPS officers served a search warrant at Rodriguez's home in June 2009 and uncovered several Marine uniforms and medals. He was arrested a week later at Sky Harbor International Airport after returning from a trip."
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You'll recall that we talked about efforts to prosecute this act under specific laws designed to prevent "stolen honor."  These laws are constitutionally-flawed in the sense that they run headlong into the First amendment protected speech, idiotic and obnoxious as such acts are.  The thing I found interesting about the Arizona Republic story is that it was a successful prosecution utilizing existing criminal statutes that are focused on criminal behavior, not speech or well-meaning unnecessary flag waving law. 
 
As a US Army veteran I noted with pleasure that this asshole, Rodriguez, was outed by a genuine veteran who noted something, all veterans notice--flaws in the uniform.  After I served, whenever I saw a television production or movie featuring someone in uniform, technical flaws in the character's uniform would ruin the drama for me.  This could be anything from the haircut, a proffered salute, or obvious things about the uniform, insignias or decorations.  When you serve, from day one you learn how to walk, hold your hands when at rest, salute correctly (trust me it's not obvious), walk and stand upright.  Uniforms and hats are worn according to strict rules and regulations, the same with medals like the Navy Cross.  It's not just that a 30 year old fake leatherneck is rocking a Naval Cross, it could be as simple as how the medal is worn that can be a dead give away. 

Lying About Medals "Protected Speech?"

There's an interesting article at the Missoulian, by Dan Elliot on peresons who are being prosecuted under a federal law called the Stolen Valor Act.  The law makes it a crime to claim to have received a medal from the U.S. Military.  U.S. District Courts are hearing challenges to prosecutions under the statute on Free Speech grounds. 

Let's face it, anyone who lies about having been in the military and receiving a medal is a scumbag.  And among those being prosecuted under the statute, there are some brazen scumbags.   Being an army veteran, I sympathize with the goal of the law--but criminal prosecutions?  Elliot's article fleshes out the debate, I quote:

"The federal courts are wrestling with a question of both liberty and patriotism: Does the First Amendment right to free speech protect people who lie about being war heroes?  At issue is a three-year-old federal law called the Stolen Valor Act that makes it a crime punishable by up to a year in jail to falsely claim to have received a medal from the U.S. military. It is a crime even if the liar makes no effort to profit from his stolen glory.  Attorneys in Colorado and California are challenging the law on behalf of two men charged, saying the First Amendment protects almost all speech that doesn't hurt someone else. Neither man has been accused by prosecutors of seeking financial gain for himself.

Jonathan Turley, a professor at George Washington University Law School who is not involved in the two cases, said the Stolen Valor Act raises serious constitutional questions because it in effect bans bragging or exaggerating about yourself.  'Half the pickup lines in bars across the country could be criminalized under that concept,' he said. [BL:  One wonders how Professor Turley knows this?]

Craig Missakian, a federal prosecutor in the California case, argued that deliberate lies are not protected. He also said the Constitution gives Congress the authority to raise and support an army, and that includes, by extension, 'protecting the worth and value of these medals.'  The Stolen Valor Act revised and toughened a law that forbids anyone to wear a military medal that was not earned. The revised measure sailed through Congress in late 2006, receiving unanimous approval in the Senate.  Dozens of people have been arrested under the law at a time when veterans coming home from wars in Afghanistan and Iraq are being embraced as heroes. Many of the cases involve men who simply got caught living a lie without profiting from it. Virtually all the impostors were ordered to perform community service.  In one case, a man posing as a Marine war hero was accused of using his hero status to receive discount airline tickets and a free place to stay near Phoenix.  Defense attorneys say the law is problematic in the way it does not require the lie to be part of a scheme for gain. Turley said someone lying about having a medal to profit financially should instead be charged with fraud.  One of the men challenging the law is Xavier Alvarez of Pomona, Calif. He had just been elected to a water district board in 2007 when he said at a public meeting that he was a retired Marine who received the Medal of Honor, the nation's highest military decoration.  His claim aroused suspicion, and he was indicted 2007. Alvarez, who apparently never served in the military, pleaded guilty on condition that he be allowed to appeal on the First Amendment question. He was sentenced to more than 400 hours of community service at a veterans hospital and fined $5,000. The case is now before a federal appeals court.

The other person challenging the law is Rick Glen Strandlof, who claimed he was an ex-Marine wounded in Iraq and received the Purple Heart and Silver Star. He founded an organization in Colorado Springs that helped homeless veterans.   Military officials said they had no record that he ever served. He has pleaded not guilty, and a judge is considering whether to throw out the charge.

Attorneys challenging the law say that lying about getting a medal doesn't fit any of the categories of speech that the U.S. Supreme Court has said can be banned: lewd, obscene, profane, libelous or creating imminent danger to others, such as yelling fire in a crowded theater.  Army veteran Pete Lemon of Colorado Springs, who received the Medal of Honor for turning back an enemy assault and rescuing wounded comrades in Vietnam while injured himself, supports the law, saying that pretending to have a medal can bring undeserved rewards.  Doug Sterner, a military historian, said the law embodies the wishes of the nation's first commander in chief, George Washington. Sterner noted that Washington created the Purple Heart, the nation's first military decoration, and wrote: 'Should any who are not entitled to these honors have the insolence to assume the badges of them, they shall be severely punished.'"
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Like I said, some scummy people are caught up in this "speech" crime.   I do like Jonathan Turley's sugggestion that persons shown to have gained something of value be prosecuted for fraud, but the law does not easily dsitinquish itself from the First Amendment protection for free speech--even odious speech is protected.  Hell, one of shock jocks signature bits is his preposterous claim to having been a Viet Nam vet.   I don't think anyone would view Stern's claims as anything more than "attempted satirical humor."