Vet Checks Wrong Box, Jailed

[FedFarmer]

From News4Jax.com:

"JACKSONVILLE, Fla. -- Elisha Dawkins graduated in August from nursing school in Jacksonville.

He put on hold his plans for taking the board exams because the Navy called him into action as a photographer.

Dawkins photographed happenings at Guantanamo Bay, an act that's evidence he's a trusted member of the military with top secret clearance.

Now, Dawkins, a Navy reservist and decorated Army combat photographer who served in Iraq, is in jail, charged with passport fraud. He's facing 10 years in prison for what could be a simple misunderstanding.

"Suddenly, he's picked up and thrown in jail? Then it's time for this senator to start asking questions," U.S. Sen. Bill Nelson., D-Fla., said.

Nelson has questions echoed by Dawkins' friends, including Dianne Rinehardt.

"It's a travesty, and we're trying to stop it," Rinehardt said.

Rinehardt went through nursing school with Dawkins and is a veteran herself. She's upset about the trouble her friend is in. In sharing his story with other vets, Rinehardt said that lots of people who don't know Dawkins can't believe it.

"We're all appalled that, how can you serve this country and be more dedicated to the ideals of this country, and serve this country and then be told, 'Guess what, you made a little clerical error. You're out of here.' And that's a travesty," Rinehardt said.

A federal indictment states that Dawkins started to fill out a passport application in 2004, didn't complete it, then filled out a new application two years later.

On that new application, he checked a box "no" for the question, "Have you ever applied before?" according to the indictment.

Dawkins got the passport, but three months ago, the government issued a warrant for his arrest. He was taking photos for the Navy at the time.

When Dawkins got back to the U.S. in April, he was arrested about a week later and has been in jail for two months since.

"The state department is implying there's something more. I want to know, and that's why I've written them," Nelson said.

"We've sent emails through our standard home, family email chains throughout the country," Rinehardt said. "The more attention we bring to this, the more people will see this as a disservice."

Dawkins' attorney calls the case an "absurd prosecution," saying that filling out a "no" box "did not merit criminal charges."

Because the trial is scheduled for next month, if Dawkins is still in jail at that point, he will insist on going to trial.

A pretrial hearing Tuesday in Miami is the next step."

[Sigaba]

FWIW, additional information on the case is available here.

Originally Posted by Mneilsen

It's interesting someone who commits this kind of "passport fraud" can be quickly jailed before the problem is addressed, whereas thousands of criminals commit medicare fraud (stealing millions of dollars from taxpayers), and few, if any, are brought to justice for their crimes.

What is the relationship between one and the other?

18 USC 1542 False Statement in Application and Use of Passport

Source is here.

Whoever willfully and knowingly makes any false statement in an application for passport with intent to induce or secure the issuance of a passport under the authority of the United States, either for his own use or the use of another, contrary to the laws regulating the issuance of passports or the rules prescribed pursuant to such laws; or

Whoever willfully and knowingly uses or attempts to use, or furnishes to another for use any passport the issue of which was secured in any way by reason of any false statement—

Shall be fined under this title, imprisoned not more than 25 years (if the offense was committed to facilitate an act of international terrorism (as defined in section 2331 of this title)), 20 years (if the offense was committed to facilitate a drug trafficking crime (as defined in section 929 (a) of this title)), 10 years (in the case of the first or second such offense, if the offense was not committed to facilitate such an act of international terrorism or a drug trafficking crime), or 15 years (in the case of any other offense), or both.

[greenberetTFS]

Originally Posted by Mneilsen

From News4Jax.com:

"JACKSONVILLE, Fla. -- Elisha Dawkins graduated in August from nursing school in Jacksonville.

He put on hold his plans for taking the board exams because the Navy called him into action as a photographer.

Dawkins photographed happenings at Guantanamo Bay, an act that's evidence he's a trusted member of the military with top secret clearance.

Now, Dawkins, a Navy reservist and decorated Army combat photographer who served in Iraq, is in jail, charged with passport fraud. He's facing 10 years in prison for what could be a simple misunderstanding.

"Suddenly, he's picked up and thrown in jail? Then it's time for this senator to start asking questions," U.S. Sen. Bill Nelson., D-Fla., said.

Nelson has questions echoed by Dawkins' friends, including Dianne Rinehardt.

"It's a travesty, and we're trying to stop it," Rinehardt said.

Rinehardt went through nursing school with Dawkins and is a veteran herself. She's upset about the trouble her friend is in. In sharing his story with other vets, Rinehardt said that lots of people who don't know Dawkins can't believe it.

"We're all appalled that, how can you serve this country and be more dedicated to the ideals of this country, and serve this country and then be told, 'Guess what, you made a little clerical error. You're out of here.' And that's a travesty," Rinehardt said.

A federal indictment states that Dawkins started to fill out a passport application in 2004, didn't complete it, then filled out a new application two years later.

On that new application, he checked a box "no" for the question, "Have you ever applied before?" according to the indictment.

Dawkins got the passport, but three months ago, the government issued a warrant for his arrest. He was taking photos for the Navy at the time.

When Dawkins got back to the U.S. in April, he was arrested about a week later and has been in jail for two months since.

"The state department is implying there's something more. I want to know, and that's why I've written them," Nelson said.

"We've sent emails through our standard home, family email chains throughout the country," Rinehardt said. "The more attention we bring to this, the more people will see this as a disservice."

Dawkins' attorney calls the case an "absurd prosecution," saying that filling out a "no" box "did not merit criminal charges."

Because the trial is scheduled for next month, if Dawkins is still in jail at that point, he will insist on going to trial.

A pretrial hearing Tuesday in Miami is the next step."

It's interesting someone who commits this kind of "passport fraud" can be quickly jailed before the problem is addressed, whereas thousands of criminals commit medicare fraud (stealing millions of dollars from taxpayers), and few, if any, are brought to justice for their crimes.

I wonder what "they" are up to?..........

Big Teddy

[FedFarmer]

At second glance, the relationship really isn't there, except for both being categorized as "fraud." It was a poor comparison.

[Richard]

A federal indictment states that Dawkins started to fill out a passport application in 2004, didn't complete it, then filled out a new application two years later.

On that new application, he checked a box "no" for the question, "Have you ever applied before?" according to the indictment.

As I read those two sentences, he started - didn't - then did...and now they're claiming he lied about never having applied - although the phrasing, if correct, makes it sound as if he started to apply but didn't.

Has the DOS started accepting applicants from the same shallow end of the gene pool that the TSA seems to draw from? Or is there more than what's being reported?

Richard

[Sigaba]

Originally Posted by Richard

As I read those two sentences, he started - didn't - then did...and now they're claiming he lied about never having applied - although the phrasing, if correct, makes it sound as if he started to apply but didn't.

Has the DOS started accepting applicants from the same shallow end of the gene pool that the TSA seems to draw from? Or is there more than what's being reported?

Richard

QP Richard--

According to the NYT article linked above, there may be an additional issue about his citizenship and an outstanding order for his deportation dating back to 1992.

It seems that Clark Mervis, Dawkins's attorney, is trying this case in the court of public opinion in the hope of getting a deal.

[rdret1]

Something still doesn't add up for me. The supposed depotation order was issued when he was 8 years old. He was able to obtain a SSN; go to high school; serve honorably in two branches of U.S. Armed Forces, where he apparently excelled; obtain at least a secret security clearance from both; and obtain a passport in 2006. Why did the deportation order not pop up at least once during any of these activities? It makes no sense, especially with unknown information being held close to the vest by DOJ.

The situation really makes no sense when compared with the current policies pertaining to de facto illegal aliens who have not served in the military; have not enrolled in any type of educational activities; and commit crimes in this country, no matter how trivial.

[tonyz]

Holder, Big Sis and a Gaga supporter in the Obama administration found out that Dawkins voted Republican in a recent election - kiss this poor guy's ass goodbye - gulag time - the deportation proceding will be held entirely in Spanish.

[Combat Diver]

If the Dept of State issued a passport, then they are convinced he is a US citizen, as he must have proven documentation ie Naturalization Certificate. I just turned in my passport agent code this week as I'm no longer doing passport issuances.

CD

[Sigaba]

Source is here.

June 28, 2011
Iraq Veteran Offered Deal in Passport Violation Case
By SUSANNAH NESMITH

MIAMI — The federal government on Tuesday took the unusual step of offering to drop a passport violation prosecution of a Navy petty officer if he completed a term of probation.

Even if he is able to resolve the criminal case, the petty officer, Elisha L. Dawkins, 26, is facing deportation based on an order issued in 1992, when he was 8 years old, his lawyer said.

Petty Officer Dawkins was brought to the United States from the Bahamas as a baby and was raised in Miami believing he was a United States citizen, said his lawyer, Clark Mervis.

In March, while he was on active duty at Guantánamo Bay, Cuba, Petty Officer Dawkins was indicted on a charge of making a false statement on a 2006 passport application. The statement, according to prosecutors, was that he had never applied for a passport before, when he had actually abandoned an application he filled out the year before.

Judge Cecilia M. Altonaga of Federal District Court noted the unusual nature of the prosecutors’ offer, saying she had seen the government use the pretrial diversion program only twice before in her eight years on the bench.

“I’m almost speechless,” the judge said. “It’s a kinder, gentler day over there. It happens so infrequently.”

An assistant United States attorney, Olivia Choe, said her office “did take into account the defendant’s military service in making this offer.”

The diversion program will allow Petty Officer Dawkins, who also served in the Army, to complete probation and avoid a conviction that could preclude him from becoming the citizen both he and the military thought he was, Mr. Mervis said.

Petty Officer Dawkins has spent the past month in a federal detention center in Miami. It is unclear why the 1992 deportation order was not carried out, and why it did not prevent him from enlisting in the Army in 2003, getting a passport in 2006 or enlisting in the Navy in 2008.

In the Army, he served as a campaign photographer in Iraq and was awarded the Iraq Campaign Medal, the Global War on Terrorism Medal and the Combat Action Badge, among other honors. In the Navy, he served at Guantánamo Bay.

Petty Officer Dawkins has until Friday to accept the prosecution’s offer or face trial.

Dani Bennett, a spokeswoman with Immigration and Customs Enforcement, said on Tuesday that Petty Officer Dawkins did not have an immigration hold on him, meaning he would be free to leave the federal detention center if he agreed to the pretrial diversion program. Once his criminal case is resolved, he will have to fight a separate battle to sort out his immigration status.

In regards to QP Richard's question from yesterday, I wonder if Mr. Dawkins's partial application was completed on line <<LINK>>?

[BrowningFan]

My sister recently renewed her passport and in the application process had to send in her old passport as well as all the original documentation she submitted to be issued her initial passport which should already be on record. Of note, she is a natural born U.S. Citizen with absolutley no irregularities requiring more than the minimum basic documentation required for a passport. Also, when I had to apply for a new social security card, I attempted to use my passport for ID but when it was ran through the system I was told it was invalid in spite of the fact it was not and still is not expired. I haven't found out why yet as I have to send the regional passport office a notorized letter of request and $$ to obtain a copy of my passport reconds.

In summary, there is some serious disorganization in the passport beaurocracy.

Or my family is getting Patriot Acted...

[Sigaba]

Source is here.

July 12, 2011
Florida: Naval Reservist Enters Diversion Program
By SUSANNAH NESMITH

A Navy reservist agreed Tuesday in Federal District Court in Miami to enter a pretrial diversion program to avoid conviction on a passport violation that could have prevented him from becoming the American citizen he says he believed he already was. Petty Officer Elisha L. Dawkins would not reveal the terms of the agreement, saying only that, going forward, he wants to continue his military service and finish his nursing degree. Petty Officer Dawkins, who was born in the Bahamas and raised in Miami, was indicted in March, while he was serving at Guantánamo Bay, Cuba. Before serving in the Navy, he was in the Army, and both branches believed he was a citizen when he enlisted, as did the State Department when it issued him a passport, in spite of a deportation order dating to 1992.

[rdret1]

Not a lot of additional information there, Sig. I wonder what the agreement consists of? It still sounds like a fishy mess.

[Sigaba]

Originally Posted by rdret1

Not a lot of additional information there, Sig. I wonder what the agreement consists of? It still sounds like a fishy mess.

QP rdret1--

I just found the DoJ's trial brief, available here.