Justia Military Law Opinion Summaries

Joseph Scott Gray, a decorated U.S. Army veteran, was convicted of defrauding the Department of Veterans Affairs (VA) by lying about his health to obtain benefits. After leaving the military in 2003, Gray falsely claimed severe disabilities to receive increased benefits, including "individual unemployability" and "aid and attendance" benefits. His fraudulent activities were exposed when investigators videotaped him performing daily activities without assistance, contradicting his claims of severe disability.The United States District Court for the Western District of Michigan convicted Gray of several fraud-related offenses. The jury found him guilty, and the district court sentenced him to five years in prison and ordered him to pay $264,631 in restitution, covering benefits received from 2004 onward. Gray appealed, challenging the exclusion of an expert witness, the calculation of his criminal history score, the reasonableness of his sentence, and the restitution order.The United States Court of Appeals for the Sixth Circuit reviewed the case. The court upheld the exclusion of Gray's expert witness, Dr. Ennis Berker, as the proposed testimony was deemed irrelevant to the issues at trial. The court also found no procedural error in the calculation of Gray's criminal history score and deemed the five-year sentence substantively reasonable, considering the severity and duration of his fraudulent conduct.However, the court vacated the restitution order, ruling that it should not cover losses before January 2015, as the indictment only charged Gray with a conspiracy beginning in 2015. The case was remanded for recalculation of the restitution amount, limited to the period specified in the indictment. View "United States v. Joseph Gray" on Justia Law

In this case, defendant Charles Yeager-Reiman, a veteran, pleaded guilty to misdemeanor grand theft in connection with fraudulent activities related to veterans' benefits from the United States Department of Veterans Affairs (VA). Yeager-Reiman appealed his conviction, arguing that his prosecution was preempted by federal law, as his offenses concerned the theft of benefits from the VA.The Court of Appeal of the State of California Second Appellate District Division Five disagreed with Yeager-Reiman's contention, and affirmed the lower court's judgement. The court ruled that federal preemption did not apply in this case. While federal law establishes the guidelines and regulations for VA benefits, it does not prohibit state-level criminal prosecutions for fraudulent activities related to these benefits.In terms of field preemption, the court determined that the provisions of the federal law did not indicate an intent by Congress to occupy the field of criminal prosecution of veterans in connection with the theft of VA benefits. As for obstacle preemption, the court found that allowing state-level prosecutions for theft of VA benefits actually promotes Congress's purpose of aiding veterans by preserving funds for veterans' benefits through deterrence.Therefore, the court concluded that neither field preemption nor obstacle preemption deprived the trial court of jurisdiction to hear Yeager-Reiman's case. View "People v. Yeager-Reiman" on Justia Law

The Guard Recruiting Assistance Program (G-RAP), designed to increase recruiting to the Air National Guard during the “War on Terror” was run by Docupak, a private corporation. Docupak selected and trained Recruiting Assistants (RAs) to find and direct potential airmen to full-time recruiters. The program paid a $1,000 pre-loaded gift card upon actual enlistment of a potential airman and another $1,000 upon the airman’s completion of training. The RAs were to identify individuals that were not already working with a full-time recruiter and were prohibited from splitting the payment with full-time recruiters. Osborne, a full-time recruiter, was accused of referring names of pre-existing recruits to RA Andolsek so that they could claim the incentive, with kickbacks to Osborne. Osborne was charged with aiding Andolsek in embezzling from the Department of Defense, 18 U.S.C. 641; 18 U.S.C. 2, which “caused” the Department to reimburse Docupak for $9,000. Andolsek pleaded guilty and testified against Osborne. Osborne argued that the funds were stolen from a private contractor, so they only violated Docupak’s internal policy, not a federal regulation. The Sixth Circuit reversed Osborne’s conviction. No reasonable jury could have found that the funds were something of value to the government beyond a reasonable doubt, given the evidence of control. The government did not retain a reversionary interest in the funds and imposed few restrictions. Docupak gave the government access to information, but the government did not retain the right to conduct audits. View "United States v. Osborne" on Justia Law