Wisconsin veterans

Jailed Wisconsin Vet Loses Appeal, VA Claim Still Pending

via mal contends
In a unanimous opinion (07-1546) a three-member panel for the Court of Appeals for the Seventh Circuit has affirmed the controversial conviction on fraud of Wisconsin Navy veteran, Keith Roberts.

The Roberts family is planning on filing a motion for an en banc hearing, a hearing before the full appellate court.

U.S. Atty Stephen Biskupic's office had convinced a jury that Roberts and a deceased Navy airman (Gary Holland) did not have a friendship, and Roberts who was on line duty at a Naval base in Naples, Italy on February 5, 1969 at the time that Holland was crushed to death by a C-54 aircraft, exaggerated his efforts to save Holland, which constituted fraud for which he was convicted in November 2006 by a jury in northern Wisconsin.

Weak grounds for a federal prosecution? These are the grounds on which the government successfully pursued a prosecution against this honorably discharged Navy veteran who served during a combat era.

Jailed Wisconsin Veteran Awaits Court Decision, in Fed Prison for Claiming PTSD Benefits

via mal contends -
Madison, Wisconsin - Keith Roberts awaits the decision of his appeal before a three-judge panel of the Court of Appeals for the Seventh Circuit as he sits in a federal prison in Minnesota because the United States government said he did not tell the truth about his service in the Navy.

Veterans are assumed under the Veterans Judicial Review Act of 1989 to be (as they often are) in an diminished capacity to tell the full truth of the circumstances they encountered that contributed to their suffering Post Traumatic Stress Disorder (PTSD).

The many stressors that would lead to the granting of disability benefit payments need to be rigorously documented to the U.S. Dept of Veterans Affairs' (VA) satisfaction, thus the VA claims process propagated under administrative rules is non-adversarial and paternalistic for the veterans.

VA Directive Barring Staff from Diagnosing Troops with PTSD to Cut Costs, Exposed by CREW and VoteVets.org

Nice. From CREW's site:
This is an outrage.

CREW and VoteVets.org released an e-mail (May 1, 2008) obtained from a Veterans Affairs (VA) employee directing VA staff to refrain from diagnosing soldiers and veterans with Post Traumatic Stress Disorder (PTSD).

Weakening US Criminal Case, VA Turns Down Jailed Wisc Vet’s PTSD Claim


by Michael Leon (via mal contends)

Madison, Wisconsin —Vietnam-era Navy veteran Keith Roberts (1968-71) is an honorably discharged Navy airman who feels betrayed by his government, specifically the U.S. Dept of Veterans Affairs (VA) and the U.S. Dept of Justice, for its self-conscious and successful efforts to financially ruin and imprison him.

VA Outrages

Update: On a related note, see the NYT's Herbert's column on the new proposed GI Bill: "Politicians tend to talk very, very big about supporting our men and women in uniform. But time and again — whether it’s about providing armor for their safety or an education for their future — we find that talk to be very, very cheap."

via mal contends

The U.S. Dept of Veterans of Affairs (VA) has gone down the toilet.

This is what happens when the VA adopts the American Enterprise Institute's (AEI) Dr. Sally Satel ethos that veterans need to just get over it, and not be enabled in a 'culture of trauma'.

From South Carolina, Paul Alongi reports:

Jailed Wisc Vet out of Solitary, Elderly Parents Pray for Visit with Son Before Their Death

Today is the innocent and jailed Wisconsin Navy veteran Keith Roberts' birthday.

And Roberts (1968-71) is celebrating it back in the general population in a federal prison in Minnesota, as his wife reports that he has been released from solitary confinement, and is working on a supplemental brief, ordered to be filed with the Court of Appeals for the Seventh Circuit, while Roberts' parents, who are in their 80s and unable to travel to Minnesota, hope to see their son before they die.

Writes Mrs. Roberts in an e-mail:

Jailed Wisconsin Veteran Sent to Solitary Confinement, Seeks Help

An innocent and reportedly depressed Navy Airman Keith Roberts (1968-71) suffering from Post Traumatic Stress Disorder (PTSD), and serving a four-year sentence for wire fraud since March 2007, has for reasons unclear been moved and caged in solitary confinement in a federal prison in Minnesota for almost a month, according to the veteran's wife.

Roberts was targeted by the US Dept of Veterans Affairs (VA) in 2003-05, and became the central figure in an Alice-in-Wonderland tale, after U.S. Attorney Stephen Biskupic of Wisconsin and top VA officials schemed to convict Roberts’ of fraudulently receiving VA benefits (by wire transfer as the VA requires).

Despite hostility from high quarters of the VA, Roberts may be again granted the benefits for which he is federal prison for receiving.

U.S. Atty Biskupic is the same U.S. Atty who infamously prosecuted an innocent Wisconsin woman in a political prosecution, and several innocent Wisconsin citizens for voter fraud in apparent service to the electoral needs of the national GOP.

The Iraq Lie

via mal contends

Comes up every once in a while. My girlfriend so proud of her dad talking about what she knew of her late father's service in World War II. And from both of our parents (my father was a veteran recruited by the CIA but he went to grad school instead to have me), we hear of the society-wide, shared sacrifice to defeat some pig NAZIs and fascists.

War profiteers, they were a pariah. Not like today when they are protected by the Bush DOJ.

More Evidence Clears Innocent Jailed Wisconsin Veteran

This is no misunderstanding.

The VA and DoJ know what they did.

The VA and DoJ indicted and convicted an innocent Wisconsin Navy veteran who blew the whistle, in arguably obnoxious tones of voice, on the VA engaging in one instance of fraud, and the VA's general bureaucratic stall-and-let-the-veterans-die-before-collecting-on-their-claims-policy.

Now comes the latest exculpatory evidence on U.S. Navy Airman Keith Roberts (1968–71), a Wisconsin citizen who became a political and legal VA target because he would not keep his mouth shut.

Innocent Jailed Wisconsin Navy Vet's Plight on Radio

- Lee Rayburn for a full hour discussing the Keith Roberts obscenity - [Give the radio show's file some time to load, hour-long show.]

Madison, Wisconsin — Navy Airman Keith Roberts (1969-71) sits in a federal penitentiary in Minnesota, serving a 48-month sentence since March, awaiting news from the Court of Appeals for the Seventh Circuit of his appeal for his conviction on federal wire fraud.

DoJ Memo Conflicts with U.S. Atty Biskupic Address at Oral Arguments for Jailed Wisconsin Vet

Via Mal Contends - A U.S. Department of Justice memo (Prosecution Version of the Offense, Nov, 16, 2006) contradicts U.S. Attorney's Stephen's Biskupic's statements made at oral arguments in the case of the United States v. Keith A. Roberts ( 07-1546) before a three-judge panel of the Court of Appeals for the Seventh Circuit last week.

Jailed Wisconsin Navy Veteran May Get Win

Via Mal Contends -

[- Accessing oral arguments. [Enter 07-1546 in the Case Number's fields by entering 07 in the "Year," and entering 1546 in the "Year Fragment's" field. Give the file some 45 seconds at least to load.]

Navy veteran Keith Roberts (1968-71) is serving a four-year sentance for wire fraud for trying to help save his buddy, Florida native Airman Gary Holland, from being crushed to death by a C-54 airplane while stationed at a Naval air base in Naples, Italy in 1969. The government says he lied, and that his diagnosed Post Traumatic Stress Disorder (PTSD) is based on lies.

Roberts is appealing.

Using one’s perceptions of the ideology, judicial integrity and past rulings of a three-judge panel as a means of predicting a ruling on a criminal appeals case is akin to a 16-year-old guy guessing the outcome of a first date with a 16-year-old girl: Conjecture seems a useless enterprise, and surprises and unpredictability are the rule.

Oral Arguments Today for Jailed Wisconsin Veteran

Access oral arguments. [ Check back for more updates as I hear from observers.]

Via MAL Contends - Update VI: Walsh attacked the “lack of intent” by Roberts. Intent is needed to prove fraud.

Walsh also pointed out that Roberts was diagnosed by numerous medical professionals with PTSD.

Walsh attacked the prosecution’s relying on the statements of the veterans when VA procedure stresses documentation and not personal recollection as the dispositive factor in deciding cases.

The VA needs a medical diagnosis and verifiable stressor and not a recollection, and a recollection is virtually irrelevant in the VA's deciding PTSD cases.

Thus personal recollection, often imperfect, ought not cause a veteran to be accused of fraud, asserted Walsh.

Jailed Wisconsin Vet's Appeal to be Heard October 25

An innocent Gillett, Wisconsin veteran, Navy Airman Keith Roberts (1968-71), sits in federal prison serving a four-year sentence for wire fraud since March, on appeal.

Roberts' criminal appeal will be heard on Oct. 25 before a three-judge panel of the Court of Appeals for the Seventh Circuit.

Roberts simultaneously awaits the U.S. Court of Appeals for Veterans Claims’ (CAVC) decision on his VA disability case, litigating the same set of facts before two judicial forums.
If Roberts’ criminal conviction and denial and reduction of benefits stand, every veteran who has a Post Traumatic Stress Disorder (PTSD)  disability case pending in the VA is theoretically in legal jeopardy, as PTSD claims skyrocket.

Roberts’ VA claim for his diagnosed Post Traumatic Stress Disorder (PTSD) is related to his trying to save his buddy, Florida native Airman Gary Holland, from being crushed to death by a C-54 airplane while stationed at a Naval air base in Naples, Italy in 1969.

Law Firms Rushing to Veterans' Aid

Via MAL Contends - The U.S. Dept of Veterans Affairs (VA) is infamous for its culture of claim denial (like a particularly mean health insurance company) and its systemic bureaucratic hostility to veterans.

But increasing numbers of civilian attorneys are stepping up to the plate to assist veterans.

"The need is staggering," said Gordon Erspamer, a Morrison and Foerster attorney in Walnut Creek, Calif., who has worked on veterans' cases since the 1970s. (Lynne Marek, The National Law Journal)

Morrison and Foerster is engaged in an unprecedented, class action, pro bono case on behalf of 100,000s of vets returning from Iraq and Afghanistan and suffering from Post Traumatic Stress Disorder (PTSD).

Regular Reader? - Support Uppity Wisconsin and other sites with Kachingle! Spend $5/month across your favorite web sites, including Uppity Wisconsin. Mouse over above to find out more.

Shopping cart

View your shopping cart.

Recent comments