Need help/advice for soldier

[GhostRider66]

Okay, I've hit a dead end with this one. My best friend is a 1LT with the US Army stationed at Fort Hood. He got back from Iraq in April. We go way back (joined the army together) and he is a stand-up guy. Here is his problem:

He is a victim of identity theft by his half brother and the FBI has thrown him under the bus. A few years ago, he discovered that his half brother who is, as best we can tell, not in the US legally, was using his (the LT's) id (SSN, etc.). LT discovered this after some bill collectors called. There were also some minor run-ins with the law so there were outstanding legal issues. LT reported it and thought he had cleared it up. The FBI even came to interview him and he told them everything. Here's where the problem begins. The FBI has issued a federal warrant for the brother only with the LT's name.

Last week, LT and wife are driving and get rear-ended. No problem. No one hurt but other driver has no insurance so sheriff gets called. Before you know it, LT is in cuffs because of the warrant. Fortunately they were nice enough to call the FBI agent and he told them this wasn't the guy (sheriff even commented on the huge disparity of the height description). The FBI agent told the sheriff however that this would be the last time he would 'help' LT out until he turns his brother in. Problem there is we don't know where his brother is or we would.

LT has tried JAG. They won't help because it's a civilian matter and he (or I) can't afford a real attorney. We're thinking of filing a complaint with the FBI but don't want to make matters worse by doing so. Thoughts? Advice? :banghead:

 

[dolanp]

Sounds like downright harassment, I'd file a complaint. I don't see how it could get much worse than getting shackled every time he runs into a cop because the agent puts a warrant out in his name to punish him for something he has no control over.

 

[Khaotic]

Have him contact a reliable bail bondsman with a good reputation and explain the situation, and tell him you need this guy skip-traced and located so that the problem can be resolved.

If they're unwilling to do so, they will usually refer you to someone capable of doing so, and given the average stupidity of crooks like this guys brother, it's not likely to take long to pin him down.

Do not go pay-per-day unless there's a cap on how much it'll cost that you agree with, or they'll drag it out forever even if they know where he is the same day.

Be willing to pay extra if you want physical confirmation of the guys exact location, or you desire him "bird-dogged" for the local PD - it's generally worth it to make sure he does not fade on you.

-K

 

[RavenVT100]

If he's into guns, advise him not to buy any until this situation is resolved. an NCIC check will reveal a warrant with his name and SSN, and could result in more arrests or harassment. Many states refer an NCIC rejection to a special unit that then goes after the person rejected.

 

[Old Fuff]

He might also consider writing and asking a Senator or Congress-critter from his state-of residence for help. They should at least be able to get the right name on the warrant.

Another possibility would be to go back to the U.S. Attorney's office that issued the warrant, and get it corrected. I suspect that if this ever got in front of a judge the charges would be dismissed.

 

[GhostRider66]

Thanks for all the responses. I wonder how the skip tracer amount would compare with attorney fees.

I thought about the warrant thing but the logic seems to be to put all known names and aliases on the warrant and of course since he used the LT's name, it is legitimately there. He said that he asked the FBI agent for a letter that he could carry with him but they refused that as well.

I also considered going to the press with this one. Not sure how that might turn out.

Also, come to think of it, he did pick up a pistol at a Dallas gun show a few month's back but not sure if he did it under his name or his wife's (since it was for her). I'll have to ask him.

 

[CAS700850]

First, have him attempt calling the U.S. Attorney's Office that issued the warrant. I seriously doubt that any U.S. Attorney is going to want to appear before a judge and try to explain why a warrant was issued in the wrong name, and knowingly executed on the wrong person.

Second, get him the name of a criminal defense attorney that works in federal court in that area. Someone respected for honesty would be good (avoid teh lawyer/honesty jokes), in that he or she may be able to go to the U.S. Attorney and get it fixed if the Lt's attempts fail.

Third, if another arrest occurs, contact the press. Especially television. This is a great public interest story, will run like crazy, and get the attention of the U.S. Attorney if the other two options fail.

Wish him luck. Too bad he's done his time in the sandbox, only to come back to this garbage.

 

[Azrael256]

LT has tried JAG. They won't help because it's a civilian matter and he (or I) can't afford a real attorney.

Uhhh... that's just flat-out wrong. Somebody's lyin' to him. Send him back to the JAG office, and have him ask for "LAO" (Legal Assistance Office). They are the JAG office that handles civilian legal matters for soldiers. Here's the contact info. I'm guessing he's 4th ID, but here's all three in case I'm wrong:

Office of the Staff Judge Advocate
III Corps & Fort Hood
1001 761st Tank Battalion Ave., Room 224
Fort Hood, Texas 76544-5056
DSN: 737-7901/3199
Commercial: (254) 287-7901/3199
Fax: 737-5297 Comm: (254) 287-5297
Location: Killeen

Headquarters, 1st Cavalry Division
Office of the Staff Judge Advocate
ATTN: Legal Assistance Office
Fort Hood, Texas 76545-5100
DSN: 737-6060
Commercial: (254) 287-6060
Location: Killeen

Headquarters, 4th Infantry Division (Mechanized)
Office of the Staff Judge Advocate
ATTN: Legal Assistance Office
Fort Hood, Texas 76544-5201
DSN: 737-1850
Commercial: (254) 287-1850
Location: Killeen

 

[carebear]

If he doesn't get a reasonable response from the AG have him write and document that letter to his Congressman along with the "until you turn your brother in" blackmail attempt. Heck make that statement clear to the AG as well.

No one wants to stand in front of TV cameras and explain why they are attempting extortion (and challenging the veracity of) a serving US officer in time of war.

 

[Flyboy]

In addition to his congresscritter, he should also contact the appropriate Inspector General's office. I don't know the structure of DoJ, but will almost certainly have somebody in charge of oversight; that person generally goes by the title of Inspector General. Contact that person (or his staff) and file a formal complaint. It's their job to investigate such claims. They might whitewash it, but they might just do some good. And, even if they do pencil-whip the investigation, that's more ammo for his elected representative to use against the FBI. Not to mention the TV news anchors...

A friend and former teacher of mine was in a similar situation as far as a government agency stonewalling. In her case, she and her husband owned a small business. Her husband's unit was activated, and he was sent to the sandbox. The business tanked, and they ended up with large loans from the Small Business Administration that they couldn't pay. SBA, being stupid gits, tried to sue, and threatened him (her husband) with jailtime if he didn't show up for court. They were absolutely unwilling to budge, and completely unreasonable as to the situation. Yes, I know the law mandates allowances for deployed servicemen. SBA ignored it.

She took it to the TV news; within 24 hours, she had calls from SBA saying "oh, we didn't understand, sure, we can make allowances, and you should have tried to contact us before you called the news." Other than the steaming load they tried to lay on her, SBA cleaned up its act.

Cockroaches can't abide the harsh glare of sunlight.