Congressmen Tom Rooney (R-FL) and Ted Deutch (D-FL) introduced the “Preventing Crimes Against Veterans Act of 2016” on March 2. Rooney, an Army veteran, is a member of the House Appropriations Subcommittee on Veterans Affairs.
Rep. Rooney asserts that veterans in his district have brought to his attention that individuals are promising to expedite veterans’ claims through the horrendously backlogged system. After charging an exorbitant fee, the individual can no longer be found. Rooney has not stated whether these individuals are accredited by the Veterans Administration or not.
The bill would be an additional tool to prevent fraud against veterans. It would impose fines, imprisonment for up to five years, or both for anyone who “knowingly engages in any scheme or artifice to defraud a veteran of veterans’ benefits, or in connection with obtaining veteran’s benefits for that veteran.”
Rep. Rooney was involved in introducing the three-year look back penalties for veterans who transferred assets for less than fair market value. It is unclear whether this bill is intended to extend to practitioners who provide veterans benefits planning and long-term care planning advice to wartime veterans seeking pension benefits. This topic does not come up in his one-minute speech to Congress when introducing the bill, which can be seen here: https://rooney.house.gov/media-center/videos/preventing-crimes-against-veterans-act-one-minute. It can be argued that it will, given that the bill uses the generic language of “and for other purposes.”
Here is the text of the entire bill as it was introduced:
HR. 4676
To amend title 18, United States Code, to provide an additional tool to prevent certain frauds against veterans, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
March 2, 2016
Mr. Rooney of Florida (for himself and Mr. Deutch) introduced the following bill; which was referred to the Committee on the Judiciary
A BILL
To amend title 18, United States Code, to provide an additional tool to prevent certain frauds against veterans, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the “Preventing Crimes Against Veterans Act of 2016”.
SEC. 2. ADDITIONAL TOOL TO PREVENT CERTAIN FRAUDS AGAINST VETERANS.
(a) In General.—Chapter 47 of title 18, United States Code, is amended by adding at the end the following:
“§ 1041. Frauds regarding veterans’ benefits.
“(a) Whoever knowingly engages in any scheme or artifice to defraud a veteran of veterans’ benefits, or in connection with obtaining veteran’s benefits for that veteran, shall be fined under this title, imprisoned not more than five years, or both.
“(b) In this section—
“(1) the term ‘veteran’ has the meaning given that term in section 101 of title 38; and
“(2) the term ‘veterans’ benefits’ means any benefit provided by Federal law for a veteran.”.
(b) Clerical Amendment.—The table of sections at the beginning of chapter 47 of title 18, United States Code, is amended by adding at the end the following new item:
If you would like to learn more about adding Veteran Benefits Planning to your estate or elder law practice join our free webinar on Thursday, April 21st at 8EST. Just click here to reserve your spot today.
This is a FREE training webinar designed for attorneys who wish to add Estate Planning, Asset Protection, Medicaid, or VA Planning to their practice, or signifcantly improve on their existing business using our PROVEN and paint-by-number strategies for:
- Attracting higher quality clients who insist on working only with your firm (…and demanding their friends and family do the same!)
- Generating countless referrals from respected professionals and colleagues in the community.
- Automating and systematizing your practice in such a way that allows for higher volume…without work falling through the cracks, balls dropping, or having to work 80 hours a week just to keep up!
Victoria L. Collier, Co-Founder, Lawyers with Purpose, LLC, Certified Elder Law Attorney through the National Elder Law Foundation; Fellow of the National Academy of Elder Law Attorneys; Founder and Managing Attorney of The Elder & Disability Law Firm of Victoria L. Collier, PC; Co-Founder of Veterans Advocates Group of America; Entrepreneur; Author; and nationally renowned Presenter.
Add a Comment