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US Atty Biskupic and VA Defied US Law to Convict Wisconsin Veteran

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Michael Leon
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The position of the VA and the US Atty Biskupic is that Mr. Roberts was not present, and therefore his VA disability claim is based on fraud.

“Where were you on February 4, 1969? Can you prove it?” asks Delores Roberts, Roberts’ wife.

Questions for US Atty Biskupic

It is clear that the VA violated its own statuary mandates, but questions remain for the US Atty’s office that prosecuted Roberts.

Did the Secretary of the Veteran's Administration give US Atty Biskupic authorization by delegation of authority to prosecute Keith Roberts before the exhaustion of his administrative remedies under Title 38 CFR?

Did US Atty Biskupic know that the Board of Veteran's Appeals had determined in prior decisions that Roberts' statements could not be used, as a matter of law, to verify a stressor in order to grant service connection for PTSD?

Did US Atty Biskupic know that the VA claim process is supposed to be non-adversarial?

Where in Title 38 does it state that the DOJ can take jurisdiction away from the Veterans' Administration before the VA has completed its review of the veteran's benefits, including the review in the Court of Appeals for Veteran's Claims?

With whom at the DoJ and the VA did Biskupic communicate before arriving at his decision to seek indictments?

Roberts and his family await answers and justice.

Cases to be adjudicated:

· U.S. v. Roberts, U.S. District Court for the Eastern District of Wisconsin, Docket 05-CR-118
· U.S. Court of Appeals for Veterans Claims docket 05-2425

Legal questions and legal comments can be e-mailed to Robert Walsh at: rpwalsh@sbcglobal.net.
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Michael Leon is a writer living in Madison, Wisconsin. His writing has appeared nationally in The Progressive, In These Times, and CounterPunch. He can be reached at maleon64@yahoo.com.
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