What is Stolen Valor and is It a Crime?

What is Stolen Valor and Is It a Crime?

As a former JAG officer who now defends military-related cases nationwide, I see the damage false military claims cause. Real veterans earned their honors through sacrifice. When someone steals that valor for profit, they face serious criminal charges at both federal and state levels.

What Does Stolen Valor Mean?

Stolen Valor is lying about military service, rank, or awards to gain money, benefits, or advantages. This includes wearing fake medals, forging DD-214s, or claiming combat service that never happened. While bragging at a bar isn't illegal, using false military claims to get VA benefits, jobs, or donations crosses into criminal fraud.

Is Stolen Valor a Crime?

Yes. The Stolen Valor Act of 2013 makes it a federal crime to falsely claim military awards for personal gain. You face up to one year in prison for lying about high-valor medals. Nevada law goes further, criminalizing any false military claim made for benefit under NRS 205.412, punishable by 364 days in jail and $2,000 in fines.

What Is the Punishment for Stolen Valor?

Federal punishment depends on which medal you falsely claim. For the Medal of Honor, Distinguished Service Cross, Navy Cross, or Air Force Cross, you face up to one year in prison. For the Silver Star, Bronze Star, Purple Heart, or combat awards, it's up to six months. Nevada adds up to 364 days in county jail plus fines. Prosecutors often add wire fraud or forgery charges, significantly increasing potential sentences.

Is Stolen Valor a Felony?

Stolen Valor is a federal misdemeanor, not a felony. However, states like Texas may charge it as felony fraud when forged documents are involved. Federal prosecutors frequently add felony charges such as wire fraud, identity theft, or benefits fraud. A simple Stolen Valor case can quickly escalate into a multi-count felony indictment with years of potential prison time.

Is Stolen Valor a Federal Crime?

Yes. Federal law specifically criminalizes false claims about military decorations made for gain. The FBI investigates these cases, and U.S. Attorneys prosecute them. Federal jurisdiction applies when the fraud involves federal programs, crosses state lines, or uses interstate commerce. Since most false claims involve the internet or federal benefits, nearly all Stolen Valor cases qualify for federal prosecution.

How These Cases Typically Unfold

Most investigations start with a tip from a real veteran who spots something wrong. Maybe ribbons worn incorrectly. Maybe a story that doesn't add up. Veterans know their community, and they protect it.

Once reported, investigators move fast. They pull real military records from the National Personnel Records Center. They screenshot social media posts. They obtain employment applications. By the time they contact you, they've usually built their case.

The Alvarez case changed everything in 2012. Before that, just lying about medals was enough for prosecution. The Supreme Court said that violated free speech. Now prosecutors need proof you lied to get something valuable. That's why they focus on documenting what you gained from the deception.

What Prosecutors Must Prove

In court, the government needs three things for conviction. First, you made false claims about military service or decorations. Second, you knew those claims were false when you made them. Third, you made them specifically to obtain money, property, or tangible benefits.

That third element saves some people. If you never got anything from the lie, or never tried to, conviction becomes difficult. But once prosecutors show you received veteran hiring preference, VA benefits, donations, or even significant discounts, they've usually proven their case.

For military impersonation charges under UCMJ Article 106a, the burden differs. Military prosecutors must show the impersonation prejudiced good order and discipline or brought discredit upon the armed forces. Maximum punishment includes dishonorable discharge, forfeiture of all pay and allowances, and up to three years confinement.

Which Medals Trigger Federal Charges

The federal statute covers specific high-valor awards. Tier one includes the Medal of Honor, Distinguished Service Cross, Navy Cross, and Air Force Cross. Tier two covers the Silver Star, Bronze Star, Purple Heart, Combat Infantryman's Badge, Combat Action Ribbon, Combat Action Badge, Combat Medical Badge, and Combat Action Medal.

But prosecutors rarely stop there. Fake DD-214s trigger document fraud charges. Online fundraising adds wire fraud. False statements on federal forms bring additional counts. What starts as one Stolen Valor charge often becomes a multi-count indictment.

How Nevada Law Differs

Nevada doesn't limit prosecution to specific medals. Under NRS 205.412, any false military claim made for benefit triggers criminal charges. I've defended cases involving completely fabricated service records, fake "Navy SEAL" claims used in job interviews, forged military IDs for retail discounts, and invented combat stories in custody disputes.

Clark County and Washoe County prosecutors pursue these cases aggressively. They view it as protecting Nevada's large veteran population from fraud. State charges move faster than federal cases, often reaching trial within 90 days.

State-by-State Variations

While Nevada treats Stolen Valor as a gross misdemeanor, other states vary widely. Oklahoma makes it a misdemeanor punishable by a $100 fine and up to six months in county jail. But if someone pretends to have earned a Congressional Medal of Honor or presents falsified documents, Oklahoma elevates it to a felony with fines up to $5,000 and one year imprisonment.

Texas often prosecutes these cases as felony fraud, especially when forged documents are involved. California typically uses general fraud statutes, with penalties based on the value obtained through deception. Florida aggressively pursues cases involving veteran benefits fraud. Each state's approach reflects its veteran population and political climate.

Red Flags That Trigger Investigations

After years defending these cases, patterns emerge. Investigators look for ribbons worn in wrong order or impossible combinations, claims of "classified" missions with no unit verification, timeline conflicts with documented service periods, incorrect military terminology or procedures, and inability to name specific bases, units, or commanders.

Social media provides most evidence now. People post photos in uniforms they never earned, with medals they never received. Those posts become prosecution exhibits. Employers verify through official channels. The days of getting away with false claims are over.

Legal Defenses to Stolen Valor

Not every false claim leads to conviction. Strong defenses exist, depending on circumstances. Lack of fraudulent intent remains the best defense. If you gained nothing and sought nothing, criminal prosecution struggles.

Mental health issues provide another avenue. TBI can cause memory confusion. PTSD sometimes creates false memories. Delusional disorders may lead to genuinely believed fabrications. These require medical documentation but can result in dismissal or reduced charges.

Documentary confusion happens more than people think. Military records contain errors. Family stories passed down incorrectly. Misunderstandings about discharge status or awards. We've won cases by showing clients reasonably believed their false information was true.

What Happens When Federal Agents Call

If the FBI or military investigators contact you, the case has progressed beyond preliminary stages. They've likely already obtained your actual service records, collected your false statements, documented what benefits you received, and interviewed witnesses who challenged your claims.

Your instinct will be to explain. Don't. Investigators are trained to extract admissions. Even truthful statements get twisted. The only correct response is polite refusal to discuss anything without an attorney. Then call us immediately.

Pre-indictment intervention works best. I've negotiated deferred prosecutions, convinced prosecutors not to file charges, and arranged restitution agreements avoiding criminal records. After indictment, options narrow significantly. Early representation makes the difference.

Collateral Consequences of a Conviction

The criminal sentence is often the least of your problems. I've watched clients lose professional licenses earned over decades. Teachers, nurses, lawyers, and doctors all face licensing reviews after fraud convictions. Security clearances vanish immediately, ending defense contractor careers overnight.

Veterans with legitimate service lose VA benefits after Stolen Valor convictions. Non-citizens face deportation. The internet makes these convictions permanent public record. Media loves these stories. Your name stays linked to "Stolen Valor" in search results forever, destroying employment prospects for years.

How Employers Can Verify Military Service

For employers reading this, protect yourself through proper verification. Request DD-214s directly, but know privacy laws limit what you can demand. Use the National Personnel Records Center for official verification. Check Valor.Defense.gov for high-level award confirmation. Consider professional background services for comprehensive checks.

Document all verification efforts. If someone slips through, you'll need proof of due diligence. Never accept verbal claims alone. Real veterans can always provide documentation.

When You Need Legal Help

Stolen Valor allegations demand immediate legal response if any of these occur: federal agents or military investigators contact you, you receive a target letter or grand jury subpoena, your employer questions your military record, media outlets inquire about your service, or someone publicly accuses you of false claims.

Time matters critically. Evidence disappears. Witnesses forget. The government strengthens its case while you wait. Early intervention often means the difference between dismissal and indictment.

Why Clients Choose Joseph L. Jordan

My decade as a JAG officer means I understand military justice from inside. I know how investigators build these cases. I understand military documentation, culture, and procedures. That knowledge proves invaluable defending Stolen Valor charges.

We start by obtaining every relevant document. Your actual service record. The allegedly false claims. Evidence of any benefits received. Then we identify defenses. Documentary errors. Mental health issues. Lack of fraudulent intent. We build your story.

When negotiation makes sense, we approach prosecutors with complete packages. Sometimes that means proving no fraud occurred. Sometimes it means presenting mitigation warranting leniency. When trial becomes necessary, we're ready. I've tried these cases in federal and state courts nationwide.

Don't face these charges alone. The consultation is confidential. We offer payment plans when needed. Call (888) 984-7706 today. The sooner we start building your defense, the better your options.

 

Frequently Asked Questions About Stolen Valor

What qualifies as Stolen Valor under U.S. law?

Stolen Valor occurs when you falsely claim military service, rank, or decorations to obtain tangible benefits. This includes lying about receiving medals like the Purple Heart or Bronze Star to get jobs, benefits, donations, or services. The key element is intent to gain something of value through the deception.

Is it illegal to wear a military uniform if you're not in the service?

Simply wearing a military uniform isn't always illegal. It becomes criminal when you wear it to impersonate active military or veterans for gain. Hollywood actors wear uniforms legally. But wearing one to get military discounts or preferential treatment crosses into fraud territory.

Can you be charged for claiming to be a veteran on a job application?

Yes, if the position offers veteran preference or if being a veteran materially affects hiring. We've defended numerous cases where false veteran claims on applications led to federal charges. The moment you check that veteran box to improve your chances, you've committed fraud.

How does the FBI investigate Stolen Valor cases?

The FBI typically starts with tips from real veterans or employers. They obtain military records from NPRC, collect evidence of false claims (applications, social media, emails), document benefits received, and interview witnesses. By the time they contact suspects, they've usually built a solid case.

What if I didn't realize the claim I made was false?

Honest mistakes can be a defense. If family told you incorrectly about your service, or you misunderstood discharge papers, that matters. The prosecution must prove you knowingly lied. We've successfully defended clients who genuinely believed false information about their service.

What records prove real military service?

The DD-214 (discharge form) is the gold standard. It shows dates of service, rank, awards, and discharge type. Other proof includes military ID cards, VA benefit letters, and service treatment records. The National Personnel Records Center maintains official files for verification.

How can employers legally verify a military background?

Employers should request DD-214s directly from applicants and verify through NPRC with written consent. They can check Valor.Defense.gov for high-level awards and use professional background services. Document all verification attempts. Never rely solely on verbal claims or uniforms.

What defenses are available in Stolen Valor cases?

Common defenses include lack of intent to defraud (no benefit sought or received), mental health issues affecting memory or perception, documentary errors in military records, reasonable belief the information was true, and insufficient evidence of knowing deception. Each case requires careful evaluation of available defenses.

 

Key Terms and Concepts Explained

DD-214 (Discharge Document)

Your discharge papers. Every veteran gets one when they leave service. Shows dates served, rank, medals, discharge type. The main document prosecutors check against your claims. Fake one? That's document fraud on top of Stolen Valor.

FOIA (Freedom of Information Act) Requests

How employers verify military service legally. Send a request to NPRC, get basic info like dates and rank. Takes 4-6 weeks. Won't show medical stuff or disciplinary actions without the veteran's permission. Prosecutors skip FOIA and use subpoenas instead.

Deferred Prosecution Agreement (DPA)

Get caught, but avoid conviction. Complete whatever the prosecutor wants (usually pay back money, do community service, stay clean for a year) and charges disappear. Mess up? Case proceeds. Best option for first-timers with good lawyers.

Restitution Agreements

Pay back what you stole. Every fake VA check, every paycheck from that job you lied to get, every donation from your phony war story. Judges always order it. Smart defendants pay before sentencing to show they're sorry.

NPRC (National Personnel Records Center)

The vault in St. Louis where military records live. Investigators call them first. "Did this person serve?" Answer comes back fast. A 1973 fire destroyed tons of Army and Air Force records, but prosecutors still find enough to nail you.

UCMJ Article 106a (Impersonation of a Military Member)

For actual military members who lie about their rank or pretend to be officers. Different from civilian Stolen Valor. Court-martial offense. Three years confinement, bye-bye honorable discharge. Seen too many E-4s claim they were sergeants to impress women.

Wire Fraud

Use email, social media, or any website for your military lies? Congrats, you just upgraded to a 20-year felony. Every fake LinkedIn profile, every bogus GoFundMe, every online job application with false veteran claims. Feds love these charges because they're simple to prove.

Identity Theft (as Applied to Military Fraud)

Not just lying about your service, but stealing someone else's. Using a dead veteran's name. Doctoring real DD-214s. Making fake military IDs. Mandatory prison time when caught. Judges hate identity thieves more than regular liars.

Veteran Hiring Preference

Vets get extra points on federal job applications. Many companies do the same. Fake being a vet to get hired? That's fraud. Seen people lose $100k jobs when background checks catch up years later. Only works for honorably discharged vets anyway.

Security Clearance Revocation

Lie about military service, lose your clearance forever. No clearance means no job at defense contractors, intelligence agencies, or anywhere else that matters in D.C. Doesn't matter if you avoid jail. Your career in anything classified is done.

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