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.

[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.

[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