"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.”
Biskupic has not spoken publicly on why his office had not awaited the adjudication of the benefits process before seeking indictments for alleged fraudulent statements made by Roberts in his claims, and why Biskupic avoided the charge of Veteran’s fraud, and indicted on mail fraud and then wire fraud instead.
Nor has Biskupic’s office offered any explanation for why he sought indictments absent review and referral by VA attorneys, per Title 38 Code of Federal Regulations, section 3.905 and why as Roberts’ claims continues adjudication under the veterans’ courts, Biskupic decided to step in and indict without investigation by the Postal Inspector’s office, the FBI, or the U.S. Treasury department.
Veterans’ groups allege that Biskupic’s extraordinary prosecution was consonant with Bush administration priorities to discourage VA disability benefits and served to curry favor with the AEI/Bush VA priorities, helping to keep Biskupic’s endangered position as U.S. Atty in Bush’s politicized DoJ.
Title 38 Code of Federal Regulations, Section 3.905 (b) Fraud
The VA is also required, by federal regulation, to notify a veteran if he or she is declared to be fraudulently presenting information to the VA.
The Fraud statute reads:
(b) Fraud or treasonable acts. Forfeiture of benefits under §3.901 or §3.902 will not be declared until the person has been notified by the Regional Counsel … of the right to present a defense. Such notice shall consist of a written statement sent to the person's latest address of record setting forth the following:(1) The specific charges against the person;(2) A detailed statement of the evidence supporting the charges, subject to regulatory limitations on disclosure of information;(3) Citation and discussion of the applicable statute. …
Roberts was never notified by the Regional Counsel that he was suspected or accused of engaging in fraud. The reason is the VA knew that they could never prove veterans’ fraud because of Roberts’ voluminous VA file, much of which was kept out of evidence at the wire fraud trial.
Said a source close to the defense network: “The VA statute requires the criminal justice system to stay out of the matter until a FINAL administrative agency’s decision is in place. That will not happen at the VA until Roberts is done at the Supreme Court. The VA reduction of benefits is under appeal and will be for some time. So, if they believe in the fraud, why the rush for Biskupic to jump in? Keith is not a killer posing a danger to the public; he is a veteran who simply will not be getting his benefits that he deserves.”
Roberts was caught in a situation where he angered the VA Inspector General’s office and the Milwaukee regional office that knew that Roberts could never be convicted of VA fraud, so they summarily denied his benefits, began the kangaroo investigation by Vasil and then communicated the case circumstances to U.S. Atty Biskupic who charged Roberts with postal fraud and then with wire fraud using the denial of benefits (under appeal per federal statute and administrative law regulations) and misrepresentations of VA procedure at trial as evidence of criminal fraud.
So, before and after Special Agent Vasil, Director of Compensation and Pension Services, Renee L. Szybala, and the Milwaukee regional office were scheming to charge Roberts with fraudulently presenting his VA claim, and Roberts’ liberty became endangered, the VA never formerly notified Roberts through the Regional Counsel or otherwise that his forfeiture and reductions were asserted by the VA Regional Counsel to be based upon fraud.
U.S. Atty Biskupic never addressed the statutory imperative that Roberts should have been so notified by the VA Regional Counsel during the investigation, the indictment and prosecution, and the government briefs filed with the Court of Appeals for the Seventh Circuit also refuses to address the issue.
This would appear to raise serious due process considerations that may result in the overturning of Roberts’ criminal conviction by the Seventh Circuit, known for its intellectual heft, though leaning to the right, aside from the fact that Roberts is innocent of not being at the scene of his friend Holland’s death.
Title 38 § 14.561 - Necessary Administrative or Adjudicatory Action
In the criminal case appeal, Roberts argues that “… with regard to persecutions related to benefits claims, certain administrative measures must be taken citing CFR Title 38 § 14.561:
Title 38 § 14.561 reads: “Before a submission is made to the U.S, Attorney in cases involving personnel or claims, the … Regional Counsel at the regional office, hospital or center, if the file is in the regional office or other field facility, will first ascertain that necessary administrative or adjudicatory … action has been taken”
To translate, the Regional Counsel in this case has to ensure that the rights embodied in the administrative processes are followed (and exhausted) before sending the case off to the US Atty.
This argument is made in both Roberts’ criminal and CAVC briefs.
In the CAVC brief, Roberts argues: “The Secretary has caused a criminal prosecution in Federal District Court to be initiated against the Appellant while he was still before this Court litigating the same facts, transactions and occurrences. The VA regulation for initiating criminal charges against a veteran was not followed, 38 C.F.R. § 14.561.
Biskupic has not spoken publicly on why his office had not awaited the adjudication of the benefits process before seeking indictments for alleged fraudulent statements made by Roberts in his claims, and why Biskupic avoided the charge of Veteran’s fraud, and indicted on mail fraud and then wire fraud instead.
Nor has Biskupic’s office offered any explanation for why he sought indictments absent review and referral by VA attorneys, per Title 38 Code of Federal Regulations, section 3.905 and why as Roberts’ claims continues adjudication under the veterans’ courts, Biskupic decided to step in and indict without investigation by the Postal Inspector’s office, the FBI, or the U.S. Treasury department.
Veterans’ groups allege that Biskupic’s extraordinary prosecution was consonant with Bush administration priorities to discourage VA disability benefits and served to curry favor with the AEI/Bush VA priorities, helping to keep Biskupic’s endangered position as U.S. Atty in Bush’s politicized DoJ.
Title 38 Code of Federal Regulations, Section 3.905 (b) Fraud
The VA is also required, by federal regulation, to notify a veteran if he or she is declared to be fraudulently presenting information to the VA.
The Fraud statute reads:
(b) Fraud or treasonable acts. Forfeiture of benefits under §3.901 or §3.902 will not be declared until the person has been notified by the Regional Counsel … of the right to present a defense. Such notice shall consist of a written statement sent to the person's latest address of record setting forth the following:(1) The specific charges against the person;(2) A detailed statement of the evidence supporting the charges, subject to regulatory limitations on disclosure of information;(3) Citation and discussion of the applicable statute. …
Roberts was never notified by the Regional Counsel that he was suspected or accused of engaging in fraud. The reason is the VA knew that they could never prove veterans’ fraud because of Roberts’ voluminous VA file, much of which was kept out of evidence at the wire fraud trial.
Said a source close to the defense network: “The VA statute requires the criminal justice system to stay out of the matter until a FINAL administrative agency’s decision is in place. That will not happen at the VA until Roberts is done at the Supreme Court. The VA reduction of benefits is under appeal and will be for some time. So, if they believe in the fraud, why the rush for Biskupic to jump in? Keith is not a killer posing a danger to the public; he is a veteran who simply will not be getting his benefits that he deserves.”
Roberts was caught in a situation where he angered the VA Inspector General’s office and the Milwaukee regional office that knew that Roberts could never be convicted of VA fraud, so they summarily denied his benefits, began the kangaroo investigation by Vasil and then communicated the case circumstances to U.S. Atty Biskupic who charged Roberts with postal fraud and then with wire fraud using the denial of benefits (under appeal per federal statute and administrative law regulations) and misrepresentations of VA procedure at trial as evidence of criminal fraud.
So, before and after Special Agent Vasil, Director of Compensation and Pension Services, Renee L. Szybala, and the Milwaukee regional office were scheming to charge Roberts with fraudulently presenting his VA claim, and Roberts’ liberty became endangered, the VA never formerly notified Roberts through the Regional Counsel or otherwise that his forfeiture and reductions were asserted by the VA Regional Counsel to be based upon fraud.
U.S. Atty Biskupic never addressed the statutory imperative that Roberts should have been so notified by the VA Regional Counsel during the investigation, the indictment and prosecution, and the government briefs filed with the Court of Appeals for the Seventh Circuit also refuses to address the issue.
This would appear to raise serious due process considerations that may result in the overturning of Roberts’ criminal conviction by the Seventh Circuit, known for its intellectual heft, though leaning to the right, aside from the fact that Roberts is innocent of not being at the scene of his friend Holland’s death.
Title 38 § 14.561 - Necessary Administrative or Adjudicatory Action
In the criminal case appeal, Roberts argues that “… with regard to persecutions related to benefits claims, certain administrative measures must be taken citing CFR Title 38 § 14.561:
Title 38 § 14.561 reads: “Before a submission is made to the U.S, Attorney in cases involving personnel or claims, the … Regional Counsel at the regional office, hospital or center, if the file is in the regional office or other field facility, will first ascertain that necessary administrative or adjudicatory … action has been taken”
To translate, the Regional Counsel in this case has to ensure that the rights embodied in the administrative processes are followed (and exhausted) before sending the case off to the US Atty.
This argument is made in both Roberts’ criminal and CAVC briefs.
In the CAVC brief, Roberts argues: “The Secretary has caused a criminal prosecution in Federal District Court to be initiated against the Appellant while he was still before this Court litigating the same facts, transactions and occurrences. The VA regulation for initiating criminal charges against a veteran was not followed, 38 C.F.R. § 14.561.
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