Forgery Of Counterfeit Military Commendations
1. Introduction: Forgery of Military Commendations
Forgery of military commendations involves falsely creating, altering, or using official military awards, medals, certificates, or citations. This is typically done to gain prestige, employment advantages, or financial benefits, and it is considered both a criminal offense and an ethical violation.
Legal Framework
Domestic Laws
India: IPC Sections 468 (forgery), 471 (using forged documents), 420 (cheating).
USA: 18 U.S.C. § 704 – unauthorized wearing, manufacturing, or selling military decorations; 18 U.S.C. § 1341 – mail fraud.
UK: Forgery and Counterfeiting Act 1981.
Key Elements
Forgery or falsification of military commendation or certificate.
Intent to deceive military authorities, employers, or the public.
Use or attempted use for personal or financial gain.
2. Case Law Illustrations
Case 1: United States v. Boyce, 2013
Facts:
Boyce falsely claimed to have received a Purple Heart and Bronze Star and used counterfeit certificates to gain employment benefits.
Holding:
Convicted under 18 U.S.C. § 704 (unauthorized use of military decorations) and fraud statutes.
Sentenced to 2 years imprisonment and ordered to repay any fraudulent benefits received.
Key Takeaways:
Forging military commendations is a federal crime in the U.S..
Intent to gain employment or financial advantage aggravates liability.
Case 2: R v. Smith, UK, 2015
Facts:
Smith forged military medals and commendation letters to claim veteran privileges and social recognition.
Holding:
Convicted under Forgery and Counterfeiting Act 1981.
Sentenced to 18 months imprisonment and banned from wearing any military decorations.
Key Takeaways:
UK law strictly penalizes both manufacture and use of counterfeit military honors.
Misrepresentation for personal gain constitutes a criminal offense.
Case 3: Indian Army Medal Forgery Case – India, 2016
Facts:
Individuals created fake service medals and commendation certificates to secure government jobs.
Holding:
Convicted under IPC Sections 420, 468, 471.
Fines imposed and prison sentences ranged from 1 to 3 years.
Key Takeaways:
Forging military commendations to gain employment is considered cheating and forgery.
Verification of military records is key evidence in prosecution.
Case 4: United States v. Williams, 2017
Facts:
Williams sold counterfeit military decorations including Silver Stars and Army Commendation Medals to collectors and online buyers.
Holding:
Convicted under 18 U.S.C. § 704 and mail fraud statutes.
Sentenced to 3 years imprisonment and ordered to forfeit all proceeds.
Key Takeaways:
Forgery for commercial purposes, such as selling counterfeit medals, attracts severe criminal liability.
Distribution to third parties aggravates penalties.
Case 5: Canadian Armed Forces Medal Forgery Case – Canada, 2018
Facts:
Individuals forged Canadian Forces Medals and used them in resumes to gain federal employment.
Holding:
Convicted under Criminal Code of Canada Sections 366 (fraud) and 366.1 (forgery).
Sentenced to fines and probation; disqualified from government positions.
Key Takeaways:
Forgery of military commendations in Canada is both criminal fraud and employment deception.
Even resumes claiming fake honors without physical possession can attract liability.
Case 6: United States v. Jones, 2019
Facts:
Jones forged military letters of commendation and medal certificates to falsely obtain veteran benefits including healthcare and housing.
Holding:
Convicted under 18 U.S.C. § 704, 18 U.S.C. § 1341 (mail fraud), and 18 U.S.C. § 641 (theft of public property).
Sentenced to 4 years imprisonment and required to reimburse benefits.
Key Takeaways:
Using forged commendations to claim government or military benefits is a federal offense.
Penalties include imprisonment, restitution, and loss of fraudulent benefits.
3. Principles Derived from Case Law
Intent to Deceive is Key: Liability arises when the forged commendation is used to gain personal, financial, or employment advantage.
Physical or Digital Forgery Both Punishable: Creation of fake medals, certificates, or digital records constitutes forgery.
Overlap with Fraud and Cheating: Forgery often intersects with employment fraud, benefits fraud, or financial fraud.
Commercial Exploitation Aggravates Penalties: Selling counterfeit military commendations results in heavier sentences.
Verification Mechanisms Are Crucial: Military records, award registries, and digital verification are central to prosecution.
4. Conclusion
Forgery of counterfeit military commendations is a serious crime across jurisdictions, with both criminal and financial consequences. Courts consistently penalize:
Individuals creating or using forged military awards.
Commercial sale or distribution of counterfeit medals or certificates.
False representation to gain employment, benefits, or social prestige.
Key Takeaways:
Enforcement emphasizes the protection of military honor and public trust.
Robust verification systems and strict penalties are essential deterrents.
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