Comments (14) | Add a comment
Las Vegas man admits lying to receive Purple Heart, disability benefits
Tools
LAS VEGAS REVIEW-JOURNAL
Updated: Aug. 20, 2010 | 2:30 a.m.
A Las Vegas man who admitted he lied to obtain a Purple Heart used the medal and phony paperwork to steal $180,000 in benefits from the Department of Veterans Affairs where he worked as a clerk, according to federal court documents.
David M. Perelman had sought to have the misdemeanor stolen valor charge against him dropped, but U.S. District Judge Kent Dawson denied his motion on Thursday. He ruled that Perelman's situation differed from a case in which the 9th U.S. Circuit Court of Appeals deemed the stolen valor law unconstitutional because it violated a California man's right to free speech. The appeals court handed down that decision Tuesday.
Unlike Xavier Alvarez of Pomona, Calif., a water district board member who claimed to be a retired Marine who received the Medal of Honor, Perelman, an Air Force veteran, is charged with "unauthorized wearing or use of a military or service medal," Dawson ruled.
The judge said the Alvarez decision addresses the constitutionality of the Stolen Valor Act, which imposes criminal penalties "for mere utterance or writing" in falsely claiming military decorations or service medals.
Dawson ruled that Perelman's case is "distinguishable from the facts and issues" in the Alvarez case and that "the unauthorized wearing or use of a military or service medal" was not addressed by the appeals court decision.
Bill Anton, a veterans advocate who supports the Stolen Valor Act, lauded Dawson's order.
"I think it's positive that we have a judge who understands the integrity of the federal law passed by the United States Congress," said Anton, a retired Army officer who is in the Ranger Hall of Fame and is president of Special Forces Association Chapter 51 in Las Vegas.
Dawson's ruling, he said, "represents true feelings of United States veterans."
"We are dismayed by the findings of the 9th Circuit but not deterred," Anton said. "I'm sure when that one is appealed to the Supreme Court, it will show the 9th Circuit condones lying, cheating and stealing, and stealing is stolen valor."
Perelman's attorney, Assistant Federal Public Defender Rene Valladares, was unavailable for comment late Thursday. He had sought dismissal of the stolen valor charge, saying part of the act restricts free speech.
In a plea agreement filed Tuesday, Perelman, 57, said he will plead guilty to theft of government funds and unlawful wearing of a service medal.
The theft count carries a sentence of up to 10 years in prison and a maximum fine of $250,000. The maximum sentence for the stolen valor charge is one year in prison and a fine of up to $100,000. According to Perelman's plea agreement, the U.S. attorney's office will recommend leniency in sentencing.
U.S. Attorney Daniel Bogden wouldn't comment on the Perelman case because it is still a pending criminal matter.
Perelman's next hearing is Tuesday .
In the agreement signed by Perelman on Aug. 11, he admits he was not wounded by enemy actions when he served as an air cargo specialist in Vietnam for about three months in 1971.
Instead, he accidentally shot himself in the right leg in 1991. Two years later, he began claiming he had suffered shrapnel wounds in Vietnam.
Based on fraudulent documents submitted by Perelman, the Air Force awarded him various medals, including a Purple Heart in 1994.
He applied for disability benefits in 1995 but the Department of Veterans Affairs found no evidence in his records of a service-related injury.
"But the Purple Heart established reasonable doubt" in Perelman's favor, the court papers state. As a result he was rated 70 percent disabled. He also received disability benefits for post-traumatic stress disorder and diabetes.
Perelman also once claimed to have earned a Medal of Honor, the highest U.S. military valor award, and distributed a phony citation that was the subject of a 1997 federal court case in California. That case was dismissed because prosecutors waited too long to bring him to trial.
In the Alvarez case, the man pleaded guilty to falsely saying he had received the Medal of Honor in violation of the Stolen Valor Act but reserved his right to appeal the constitutionality of the act.
In the 2-1 decision of a three-judge panel, Court of Appeals judges Thomas Nelson and Milan Smith Jr. ruled Alvarez's freedom of speech rights were violated.
Smith wrote that the right to speak and write "whatever one chooses -- including to some degree, worthless, offensive and demonstrable untruths without cowering in fear of a powerful government" is an essential First Amendment component.
Court of Appeals Judge Jay Bybee dissented, saying in his opinion that false statements usually fall outside of First Amendment protection and that the Stolen Valor Act "is not unconstitutionally overbroad" and fits with established First Amendment law.
"All things considered, Alvarez's self-introduction was neither a slip of the tongue nor a theatrical performance; it was simply a lie," Bybee wrote.
Contact reporter Keith Rogers at krogers@reviewjournal.com or 702-383-0308.
Comments
Terms & Conditions
The following comments are provided by readers and are the sole responsiblity of the authors. The Review-Journal does not review comments before publication nor guarantee their accuracy. By publishing a comment here you agree to abide by the comment policy. If you see a comment that violates the policy, please use the Report Abuse button.
Some comments may not display immediately due to an automatic filter. These comments will be reviewed within 24 hours. Please do not submit a comment more than once.
Note: Comments made by reporters and editors of the Las Vegas Review-Journal are presented with a yellow background.
RSS
Twitter
Facebook
This mans case he worked on and was able to invade to steal very private information on people who served.
The government needs to investigate all case Rep. Shelley Berkley stuck her nose into so her friends and family could have benefits they did not deserve.
This man is a disgrace to the uniform he wore when he was in the Air Force; he is a liar and a thief; hopefully he will receive a sentence commeasurate with his crime.
I hope Perelman is nolonger working for the VA. Its a disgrace what he has done to the military service, Veteran Administration, and his country. I hope he serve some prison time and repays the tax payers every penny.
I don't see how the Stolen Valor Act is unconstitutional, it so the act should of never been passed. I don't think these judges know what it means to receive decorations for valor or outstanding duty to country. I anyone protray themselves as a war hero falsely should be prosecuted in accordance to the Stolen Valor Act. I hope Perelman gets the maximum sentence. I hope the VA had cut Perelmans benefits off.
Catching someone lying is now a violation of free speech? So that is how NObama can get away with saying he is a Christian, US born citizen that loves America.
I wonder if they would prosecute some who says he is a lawyer, but has not passed the bar exam or taken any law classes? Just exercising free speech, ya know.
I now declare myself a California Supreme Court Justice. I am going to have business card printed stating that, reaping all of the benefits that come with such providence. Nice!
As a military man who served 23 years on active duty and respectfully nominated many men and women for military awards this guy needs to be on the business end of a firing squad! The appeals courts may of had ruled that the Valor Act is so-called an infringement on the Freedom of Speech of fool like this guy, but the true crime is also of theft of funds from the VA when so many veterans are being stalemated trying to get their valid claims through. How this guy got the military to give him a Purple Heart without any valid documents is amazing to me, and I used to be a VA employee and I do know how hard it is to adjudicate a claim and what is required. However, I am disgusted as much as my fellow veterans. I feel the theft of the nearly $200K from the government should be enough to send this jerk to prison. I am sadden that he cheapened awards that are given to true heros of our country, the Purple Heart, as designed by George Washington, to honor our battle wounded!
Jeff "Sarge" Durbin MSgt USAF Ret.
Candidate Clark County Commissioner District F
Fraud and free speech. I do not think or more importantly support the idea wearing an undeserved award for the government falls under free speech.
These people have a serious problem and one tends to feel sorry for them. But then the prisons are full of people who have problems so they should be held accountable as well. They are thieves, swindlers, and just plain lazy probably. They don't steal property or money they steal honor, pride, and dignity from those who sacrificed beyond what most people can even imagine.
Joe Friday
Infantry
1st Air Cav
Vietnam 67-68
Joel - I completely agree. What would a bunch of hippies in the 9th circuit know about honor, courage, and commitment?
This guy is the lowest of low lifes.