Jailed Vet Files for En Banc Hearing

Wisconsin Navy Airman Keith Roberts (1968-71), a Vietnam-era veteran, [see Wisconsin Navy Airman Keith Roberts and U.S. Attorneys Scandal–Milwaukee] jailed for receiving U.S. Department of Veterans Affairs (VA) benefits filed a petition for an en banc hearing before the Court of Appeals for the Seventh Circuit this week.

Roberts was indicted, tried and convicted on five counts of wire fraud for receiving VA disability benefits though he had been diagnosed with Post Traumatic Stress Disorder (PTSD).

The indictment and conviction remain highly controversial because of the perceived flimsy nature of the allegations and the widespread criticism that the VA has received in its treatment of veterans.

The questions presented for review in Roberts petition are as follows:

A. Whether it is a denial of a veteran’s due process rights to require him to answer a criminal indictment alleging the same misconduct which served as the basis for the denial of veterans’ benefits, where the appeal of the decision of the Department of Veterans Affairs is still pending before the United States Court of Appeals for Veterans Claims.

B. Whether the Seventh Circuit Court of Appeals erred in concluding that the evidence presented at trial was sufficient to sustain a conviction for wire fraud, when the government had failed to establish, beyond a reasonable doubt, the necessary elements for such a charge.

C. Whether the Seventh Circuit Court of Appeals erred in finding that Mr. Roberts’ right to due process was not violated by the government’s withholding of material information.

See also:

1. Michael Alan Leon: MAL Contends . . .: US Atty Biskupic and VA ...

   Write to Keith Roberts - Wrongly Imprisoned Vietnam-era Veteran ..... In June of 1999, Airman Keith Roberts (1968-71) was granted a disability rating by the ... malcontends.blogspot.com/2007/06/us-atty-biskupic-and-va-defied-us-law.html - Similar pages

2. Michael Alan Leon: MAL Contends . . .: Fight Is on to Free ...

   Write to Keith Roberts - Wrongly Imprisoned Vietnam-era Veteran. Keith Roberts .....Keith Roberts (1968-74) sits behind bars, ... malcontends.blogspot.com/2007/05/fight-is-on-to-free-wisconsin-vet.html - Madison, Wisconsin—As Airman Similar pages

3. Michael Alan Leon: MAL Contends . . .: National VA Director Pushed ...

   Write to Keith Roberts - Wrongly Imprisoned Vietnam-era Veteran ..... In the PTSD case of U.S. Navy Airman Keith Roberts (1968–71) the U.S. Dept of Justice ... malcontends.blogspot.com/2007/09/national-va-director-pushed-us-atty.html - Similar pages

4. Michael Alan Leon: MAL Contends . . .

   Write to Keith Roberts - Wrongly Imprisoned Vietnam-era Veteran. Keith Roberts, 07827-089. FCI Englewood, East-Upper FCI 9595 West Quincy Avenue ... malcontends.blogspot.com/ - Similar pages

5. Michael Alan Leon: MAL Contends . . .: Jailed Wis Vet Files Reply ...

   Write to Keith Roberts - Wrongly Imprisoned Vietnam-era Veteran ..... Keith Roberts, an honorably discharged Navy veteran (1969-71) from Gillett, Wisconsin, ... malcontends.blogspot.com/2007/08/jailed-wis-vet-files-reply-brief-calls.html - Similar pages

6. Michael Alan Leon: MAL Contends . . .: Jailed Wisconsin Veteran ...

   Write to Keith Roberts - Wrongly Imprisoned Vietnam-era Veteran ..... Madison, Wisconsin - Keith Roberts awaits the decision of his appeal before a ... malcontends.blogspot.com/2008/06/jailed-wisconsin-veteran-awaits.html - Similar pages

7. Michael Alan Leon: MAL Contends . . .: Law Firms Rushing to ...

   Write to Keith Roberts - Wrongly Imprisoned Vietnam-era Veteran ..... Walsh is representing Wisconsin Navy veteran Keith Roberts who is a victim of VA ... malcontends.blogspot.com/2007/09/law-firms-rushing-to-veterans-aid.html - Similar pages

8. Michael Alan Leon: MAL Contends . . .: Jailed Wisconsin Vet Loses ...

   Write to Keith Roberts - Wrongly Imprisoned Vietnam-era Veteran. Keith Roberts, 07827-089 ... Contact Airman Keith Roberts' (Ret.) Attorney, Robert Walsh ... malcontends.blogspot.com/2008/07/jailed-wisconsin-vet-loses-appeal-va.html - Similar pages

9. Michael Alan Leon: MAL Contends . . .: VA Document Contradicts US ...

   Write to Keith Roberts - Wrongly Imprisoned Vietnam-era Veteran ..... “Keith Roberts did not seek out an earlier effective date on his own. ... malcontends.blogspot.com/2007/05/va-document-contradicts-us-atty-in.html - Similar pages

10. Michael Alan Leon: MAL Contends . . .: Commending Wisconsin ...

    Write to Keith Roberts - Wrongly Imprisoned Vietnam-era Veteran ..... Navy veteran Keith Roberts — An innocent victim of the U.S. Dept of Justice and U.S. ... malcontends.blogspot.com/2008/12/commending-wisconsin-citizens-in-2008.html - Similar pages