What appears to have transpired is that Roberts hounded the VA to distraction and when he accused the VA of outright fraud, Vasil retaliated against this Vietnam-era veteran for seeking retroactive PTSD-related disability benefits—occurrences by Vietnam-era veterans that are also politically unpopular with the American Enterprise Institute and the Bush administration.
It is in this context that Roberts was reportedly argumentative and insulting to the VA, accusing the VA of fraud.
“[T]he only reason Airman Roberts was ever prosecuted was because he was a ‘belligerent ass’ who kept insisting that he get paid back to discharge. He was demanding an appeal in Washington,” said the source at the Clement J. Zablocki VA Medical Center in Milwaukee who e-mailed the Lee Rayburn radio show in Madison in early June about the Roberts affair. “I'd have to say that you guys are TOTALLY (uppercase in the original) right about Roberts' conviction being bullshit ...”
On August 16, 2004, the VA halted the benefits being paid to Roberts based upon Vasil’s investigation; Roberts appealed the decision on September 14, 2004, and was indicted seven months later.
US Attorney Steven Biskupic
As Roberts’ appeal was being adjudicated in the VA, US Attorney Steven Biskupic stepped in and subsequently secured an indictment on mail fraud on April 26, 2005 under Title 18 United States Code 1341 (mail fraud).
But the indictment on mail fraud involved no investigation from the Postal Inspector’s office, as is usual in mail fraud cases.
“Biskupic really pissed in someone’s pool when he indicted on mail fraud with no investigation from the Postal Inspector,” said a source close to the Roberts’ defense network.
Without explanation from Biskupic’s office, the mail fraud indictment was superseded some four months later in September 2005 when Biskupic secured an indictment on wire fraud under Title 18 USC 1343; this time with no input from the FBI or US Treasury Department, as is usual in wire fraud indictments.
The only law enforcement agency used in the investigation was the VA Inspector General’s office, not a professional law enforcement agency, but an office that operated vindictively in the person of Special Agent Vasil and was run at the executive level by Secretary Jim Nicholson, a former Republican National Committee chairman with no veteran advocacy experience, in an administration taking its cues from the veterans’ benefits-hostile American Enterprise Institute scholar, Dr. Sally Satel.
Title 38 Code of Federal Regulations, Section 3.905 (a) Jurisdiction)
The VA insulates and protects veterans by establishing a layer of procedure before a veteran can be denied VA benefits, much less criminally prosecuted for fraud in seeking benefits.
The Title 38 Code of Federal Regulations, section 3.905 (a) Jurisdiction) statute reads: “At the regional office level … the Regional Counsel is authorized to determine whether the evidence warrants formal consideration as to forfeiture.”
Robert Walsh, the appellate attorney for Roberts and a former VA staff attorney, blasted the criminal prosecution as well as the VA denial of benefits for its lack of review by VA counsel, per Title 38.
"The local VA Inspector General going directly to the U.S. Attorney without any review by VA attorneys appears to be unprecedented and is a violation of (Title) 38 Code of Federal Regulations, section 3.905.
“The U.S. Attorney prosecuting a case such as this without a proper investigation by the F.B.I. or U.S. Treasury is outrageous. It is contrary to the Department of Justice guidelines for such cases. Failure to follow those well-thought out procedures is unwise. So we arrive at this bizarre outcome.
“When Congress passed the Veterans Judicial Review Act which became law in 1988 they created a special court to review disputes over veterans’ benefits, the U.S. Court of Appeals for Veterans Claims (CAVC). No other court was given jurisdiction over these claims, and that court has not yet ruled on the reduction of benefits suffered by Mr. Roberts. If the CAVC rules in favor of Mr. Roberts he will be in prison convicted of fraud for accepting benefits payments that he is fully and legally entitled to."
It is in this context that Roberts was reportedly argumentative and insulting to the VA, accusing the VA of fraud.
“[T]he only reason Airman Roberts was ever prosecuted was because he was a ‘belligerent ass’ who kept insisting that he get paid back to discharge. He was demanding an appeal in Washington,” said the source at the Clement J. Zablocki VA Medical Center in Milwaukee who e-mailed the Lee Rayburn radio show in Madison in early June about the Roberts affair. “I'd have to say that you guys are TOTALLY (uppercase in the original) right about Roberts' conviction being bullshit ...”
On August 16, 2004, the VA halted the benefits being paid to Roberts based upon Vasil’s investigation; Roberts appealed the decision on September 14, 2004, and was indicted seven months later.
As Roberts’ appeal was being adjudicated in the VA, US Attorney Steven Biskupic stepped in and subsequently secured an indictment on mail fraud on April 26, 2005 under Title 18 United States Code 1341 (mail fraud).
But the indictment on mail fraud involved no investigation from the Postal Inspector’s office, as is usual in mail fraud cases.
“Biskupic really pissed in someone’s pool when he indicted on mail fraud with no investigation from the Postal Inspector,” said a source close to the Roberts’ defense network.
Without explanation from Biskupic’s office, the mail fraud indictment was superseded some four months later in September 2005 when Biskupic secured an indictment on wire fraud under Title 18 USC 1343; this time with no input from the FBI or US Treasury Department, as is usual in wire fraud indictments.
The only law enforcement agency used in the investigation was the VA Inspector General’s office, not a professional law enforcement agency, but an office that operated vindictively in the person of Special Agent Vasil and was run at the executive level by Secretary Jim Nicholson, a former Republican National Committee chairman with no veteran advocacy experience, in an administration taking its cues from the veterans’ benefits-hostile American Enterprise Institute scholar, Dr. Sally Satel.
Title 38 Code of Federal Regulations, Section 3.905 (a) Jurisdiction)
The VA insulates and protects veterans by establishing a layer of procedure before a veteran can be denied VA benefits, much less criminally prosecuted for fraud in seeking benefits.
The Title 38 Code of Federal Regulations, section 3.905 (a) Jurisdiction) statute reads: “At the regional office level … the Regional Counsel is authorized to determine whether the evidence warrants formal consideration as to forfeiture.”
Robert Walsh, the appellate attorney for Roberts and a former VA staff attorney, blasted the criminal prosecution as well as the VA denial of benefits for its lack of review by VA counsel, per Title 38.
"The local VA Inspector General going directly to the U.S. Attorney without any review by VA attorneys appears to be unprecedented and is a violation of (Title) 38 Code of Federal Regulations, section 3.905.
“The U.S. Attorney prosecuting a case such as this without a proper investigation by the F.B.I. or U.S. Treasury is outrageous. It is contrary to the Department of Justice guidelines for such cases. Failure to follow those well-thought out procedures is unwise. So we arrive at this bizarre outcome.
“When Congress passed the Veterans Judicial Review Act which became law in 1988 they created a special court to review disputes over veterans’ benefits, the U.S. Court of Appeals for Veterans Claims (CAVC). No other court was given jurisdiction over these claims, and that court has not yet ruled on the reduction of benefits suffered by Mr. Roberts. If the CAVC rules in favor of Mr. Roberts he will be in prison convicted of fraud for accepting benefits payments that he is fully and legally entitled to."
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