Va New Fugitive Felon Program

[bigmuny]

Recently I learned I had a warrant out of Florida. I had never been arrested or even had a ticket there or anywhere for that matter, so I was surprised when I received a letter from the VA stating they would be cutting off my benefits unless I could show the warrant had been cleared but that they would still charge me an overpayment beginning from the date the warrant was placed against me which was 06-12-2006 until the date the warrant was cleared 12-14-07, so the amount will be about $70,000 according to the amount I receive every month. This also stops medical, pharmacy, insurance and any other benefit one may receive from the VA.

I began researching this new law the "FFP" (Fugitive Felon Program) under Section 505 of Public Law 107-103, that has taken effect in 2001 across the board for all Federal agencies, including Food Stamps, SS, SSI and so on. To date the Fed Gov. states they are saving hundreds of millions of dollars by cutting benefits.

Searching the Veteran's Law it states the only way the VA can stop one's benefits based on a warrant as such is if that Veteran is considered a "Fugitive Felon" ... which is one who knows they have a warrant, who is actively fleeing from the Law, trying to hide their whereabouts and such. Now the VA doesn't distinguish the precedent set by the Law, whether it be the Social Security ALJ, or Federal District Courts, etc...they state that even if a person doesn't know they have a warrant against them and are not trying to hide or flee from justice doesn't matter, they will still hold them accountable for the overpayment even if they get the warrant cleared. The VA Committee on Waivers CAN waive the overpayment based on a number of factors the most popular being hardship, and in this case it would most definately be hardship...not many people I know have $70K laying around in the bank.

Now since I have gotten the warrant cleared, the VA will reinstate my disability payments and I did this all within 2 weeks of learning that I had a warrant so I didn't get to the automatic cut-off date of 60 days the VA gives one to appeal the decision or request a hearing. Now all I have to contend with is the matter of overpayment, so what I have to prove is that I wasn't a Fugitive Felon as described by Blacks Law dictionary. The strongest defense is how could one be a Fugitive Felon if they don't even know they have a warrant against them to begin with??? Not including the fact of leaving a Forwarding Address with the Post Office, having Direct Deposit, Voter's Registration, Credit Cards and probably in every computer system from here to Mars, so I could have been located at any time had Law Enforcement wanted me. Also, the fact I have never received any notices in the mail or telephone calls or personal visits by Law Enforcement. This should work well in my defense as all the decisions I have read from the BVA and other Courts have decided in favor of the Veteran, unless of course they are as described by the Law a Fugitive Felon.

Why the VA puts in that extra phrase in their description of a Fugitive Felon "even if the Veteran has a Warrant and doesn't know about it"..when all the other Agencies use the exact wording under Blacks Law. This is the contradiction between VA Policy and Law and Law prevails but who wants to wait to have to appeal their case in the 2 or 3 years it takes to run the course of an appeal???

This program, the FFP "Fugitive Felon Program".. is handled by the OIG of the VA..which is the Office of Inspector General. They match records with law enforcement and when they find someone with a warrant, regardless of the events, they notify the local Law Enforcement and if they want to pick them up they can, however these guys are Special Agents with arrest powers also, they are the one's who set out in front of your home or watch you if they believe you are trying to defraud the VA by claiming benefits you aren't really entitled to, for instance watching a Veteran at the VA come in on a cane or walker and then watch them when they leave without the cane or walker, they will do this you know. They will even set out in front of the homes...and it goes on and on...What happens when the OIG finds out the Vet has a warrant they put the Veteran's name in a program called the VistA program..this in turn flags the VA patient files to notify the VA Police or their Supervisor of the Veteran's status and that they have a warrant. What will probably happen is the VA Police will notify the local law enforcement who will come and initiate an arrest on the premises. Now all of this is fine and dandy but believe it or not there are many people who have a warrant for whatever reason that they have no knowledge of whatsoever...could be a neighbor swore out a charge against you or you have failed to pay a fine or ticket or didn't show up to court for jury duty...any number of things that can start this process..This whole program is punitive in nature toward those Veterans who are Law abiding citizens but have this warrant against them for whatever reason...now if one has never been arrested how is one to know anything. This is where the system needs to be overhauled, in my opinion and yours too if you ever get caught up in this nightmare.

I'm bringing this to everyone's attention for information only, if you ever have something like this happen to you then you can be aware..and those Veteran's who offer advice on benefits will research this to understand it a little bit better..

I would like to hear if anyone else has had a similiar problem and what they did to correct it??

[timetowinarace]

Welcome to Hadit and thanks for posting the information.

It is good to know about potential problems like this. It is interesting that the program uses the word "felon" and that the VA will use infraction and misdimeaner warrents to impliment the program along with your pointing out the fugitive definition also.

The VA does this for one reason, some veterans will not fight them over it, thus saving them money. I doubt the goberment will re-imburse for attorney fees so the veterans can keep what is theirs.

While I understand the program is designed to keep wanted felons from having an income while they run from the law and I agree this is a good thing (who wants the taxpayers to be paying for a murderers escape) it's a shame the VA abuses a good thing to save money. You are correct that even the most docile housewife can have an unknown warrent. In many cities, law enforcement does not have the manpower to actively pursue a person that forgot to pay a parking ticket.

Sorry to hear of your situation and wish you the best. Wish I could help.

Time

[Berta]

"Now since I have gotten the warrant cleared, the VA will reinstate my disability payments and I did this all within 2 weeks of learning that I had a warrant so I didn't get to the automatic cut-off date of 60 days the VA gives one to appeal the decision or request a hearing. Now all I have to contend with is the matter of overpayment, so what I have to prove is that I wasn't a Fugitive Felon as described by Blacks Law dictionary"

Have you definitely responded with disagreement as to the overpayment? By certified or priority mail with tracking slip?

You dont have the appeal any cut off- good thing- but you do have to appeal this overpayment and I think- respond to any overpayment letter within 60 days.

There are plenty of overpayment claims at the BVA with waivers granted in many many cases but not all-

I dont think you will have a problem getting VA to drop the overpayment idea but you must take action.

I understand but might be wrong and someone will correct me-that once an overpayment is formally appealed- they cannot go ahead and try to collect it until the appeal is resolved.

But I am not sure-

This is really quite a post here. It sounds like you were victimized but you sound able to put it behind you.

something like this could give a vet PTSD.

[SLEDGE]

Back in the good old days the VA had actually sent the Federal Marshals to get me.

They had a warrant but the charges turned out to be bogus and they left me alone.

Even though the charges were dropped without any court appearance, I'm still on the spit list everywhere I go.

Some people still won't let me into their homes or speak to me on the street.

Still others give me every break that they can because of the way that the government treats us.

Sometimes it's better to get rained out than play the game.

sledge

[Pete53]

This warrant thing is troublesome as a warrant does not prove guilt or innocence of a felony.It is wrong for VA to stop a Veterans Money based on an accusation.

[bigmuny]

Thanks for the Welcome....

Berta I have sent the VA Certified return receipt requested letters and just told them one that I don't want to attend a hearing but to use my evidence submitted to reinstate my benefits and further ask them for a waiver on the overpayment..Now if they deny me the waiver then I can appeal that decision to the BVA..which by the way has been upholding cases against the VA for basically applying their policy stating that anyone who has a warrant against them is considered a Fugitive Felon. This again is totally contrary to the Law..the law uses hard fast legal precedents in applying their opinions. This is what the Legal Definition of a Fugitive Felon is:

(1) Fleeing to avoid prosecution for a crime, or an attempt to commit a crime, which is a felony under the laws of the place from which you flee.

(2) Fleeing to avoid custody or confinement after conviction for a crime, or an attempt to commit a crime, which is a felony under the laws of the place from which you flee.

(3) Violating a condition of probation or parole imposed under Federal or State law.

Guys..most of us live according to the laws but since 9/11 so many things have changed and not all for the better. I hope nothing like this happens to any of you..I mean who is going to call the local police department and ask them "Hey I'm just checking to see if there is a warrant out for my arrest, not that I have done anything mind you but I'm just checking to make sure"...?? The more I read about this thing the more aggravated I get..This all came about from Senator Chuck Grassley of Iowa..he is the guy who pushed it through and it is doing nothing but hurting a lot of innocents..and I agree when it works to catch a real criminal who is using the money to elude the Law that's a good thing but leave it to the beanheads when they get ahold of something like this, a mechanism to exert some type of control or power over someone then they just go slap sideways...

Oh..and Berta..you are right when one appeals their case then the collection of the overpayment is held in abeyance until a decision is rendered..

May everyone have a great New Year coming up....

[Stretch]

You seem to be extremely detailed in your description of new felon laws and details that go with them.

You seem to be vague about what your crime was; if it was identity theft or a mistake.

As a US citizen you can get a lawyer and sue for negligence. You have a right to be confronted by your accuser. If you are falsely arrested for nothing then it is a shame.

There is a EAJA (Equal Access To Justice Act), that will make the Government pay for your attorney.

Edited December 30, 2007 by Stretch