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Department of Justice

United States Attorney Timothy J. Heaphy
Western District of Virginia


FOR IMMEDIATE RELEASE
Monday, October 19, 2009




CONTACT: Brian McGinn
PHONE: 540-857-2974
FAX: 540-857-2179
EMAIL: Brian.McGinn@usdoj.gov
www.usdoj.gov/usao/vaw



VIRGINIA BEACH MAN INDICTED FOR LYING ABOUT MILITARY SERVICE

Thomas Barnhart Made False Claims To The Department Of Veteran Affairs

ROANOKE, VIRGINIA -- A Virginia Beach man has been indicted by a Federal Grand jury sitting in U.S. District Court, here, for making false statements regarding his military service, claiming to have received medals of valor and falsely receiving disability benefits.

The grand jury has charged Thomas James Barnhart, 58, with two counts of making false statements, one count of theft of government funds and one count of making false claims about the receipt of military decorations or medals.

The indictment, which was returned under seal on October 15, 2009 and unsealed last week, charges that in November of 2005 and April 2009, Barnhart submitted VA 21-4138 forms, (Statement in support of a claim) for service connected compensation related to his claim that he was suffering from post traumatic stress disorder, knowing these forms contained false information.

The grand jury also charged the defendant with falsely representing himself as the recipient of decorations or medals authorized by Congress for the Armed Forces of the United States, including claims he receive the purple heart and service medals awarded to members of the United States military.

According to the indictment, between November 2005 and March 2009, Barnhart willfully and knowingly stole $13,923 in disability payments he was not entitled to from the Department of Veterans Affairs.

Barnhart faces a possible maximum sentence of five years in prison and $250,000 fine for each false statement charge, ten years in prison and a $250,000 fine for the theft of government funds charge and one-year in prison and a $5,000 fine for the false claims about receipt of military decorations or medals charge, which is a misdemeanor.

The investigation of the case was conducted by Department of Veteran Affairs-Office of the Inspector General. Assistant United States Attorney Craig “Jake” Jacobsen will prosecute the case for the United States.

A Grand Jury indictment is only a charge and not evidence of guilt. The defendant is entitled to a fair trial with the burden on the government to prove guilt beyond a reasonable doubt.