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??

[sixthscents]

Well, I think that a FELONY warrent would be for something a little more intense than a missed traffic ticket (1).....

So, while I guess I appreciate the info, I have to agree with Ricky...

Ummm. and HIGH Misdomeanors, well I'd guess that something dealing with illegal activities, etc. that while not considered a felony by that state is held to be a felony in a majority of the states...

Honestly, I just cant see how someone would NOT know they had a felony warrent out for them for such a long span of time... it COULD happen I guess.

[Pete53]

Funny that they can send a Congressman to jail and they can keep their benefits but a Veteran will lose theirs?

I am pretty much with Ricky any post on Hadit that is controversial should be considered carefully. The old Shakespeare Proverb "Restraint of tongue and Pen" applies here.

[Ricky]

Bob you are correct. Many states have criminal charges that are on the border line between a felony and a misdemeanor. To give the invidual the benefit of the doubt they classify them as high misdemeanors so the individual will only have a misdemeanor on his rap sheet. For as you know a felony charge and conviction on your record carries much more baggage than a misdemeanor. However, most of those type charges are also felony charges under Title 18 of the U.S. Code. Therefore, the U.S Govt considers these charges to fall under this program. If all will notice if you are charged with something it does not affect your benefits until convicted. However if you become a fugative while facing such a charge then it does affect your benefits. I guess they see your running as a form of admitting guilt. Heck I don't know about that one.

[timetowinarace]

Ricky

The posts between you and are are because we disagree. I don't see any fireworks. I'm not upset over the subject. I havn't ignored your posts because you are simply stating your opinion. As I said, I disagree with it.

I'm not basing my opinion completely on the origanal poster. Most of it came from your posted definitions wich I assume are factual. They contradict each other. How can a fugitive felon be "defined as a person who flees to avoid arrest, prosecution, and/or imprisonment" and then in the same definition "regardless of whether that person is literally “fleeing.”"?

Sorry, but how can a person be fleeing if he is not fleeing? That's like saying I can get a speeding ticket without literally "speeding".

If a person is charged with a felony they will have a felony warrent. If they are charged with a misdemeaner they have a misdemeaner warrent. Unless they have allready been arrested of course. The only way the misdemeaner warrent can become a felony warrent is if they are charged with the felony. In other words, a state misdemeaner can only become a federal felony if the feds make the felony charge in federal court. For the VA to consider a state misdemeaner a federal felony on their own is taking the law into their own hands. And thus it is wrong. The VA is not law enforcement. If the feds make the felony charge in court, I do not have a problem with the VA implementing the FFP. Provided of course the individual is actually fleeing.

My problem with it is not the FFP. It is how the VA goes outside it's bounderies.

It's quite common that people have warrents they are unaware of.

Time

[timetowinarace]

Funny that they can send a Congressman to jail and they can keep their benefits but a Veteran will lose theirs?

I am pretty much with Ricky any post on Hadit that is controversial should be considered carefully. The old Shakespeare Proverb "Restraint of tongue and Pen" applies here.

I agree with both of you, but that is why I commented on Ricky's post stating there was missing information, and "something is wrong here" from the origanal poster. I felt discrediting the OP because he did not give details of his warrent departed from the core subject.

I was just making a point that we didn't need that information for our discusion. Maybe it was poorly worded.

Time

[luvHIM]

Maybe the thread was just a lure, as in fishing, to begin with...ummm.

bigmuny asked in the very end: I would like to hear if anyone else has had a similiar problem and what they did to correct it??

Edited December 31, 2007 by luvHIM