I have been following this thread for a while, and I am amused at the latest "spin" that Mr. Stern and his believers are now trying to perpetuate, that he was convicted for
mere possession of a Medal of Honor. However, there is one slight problem with that. You see, Mr. Stern was charged and
convicted in a
Federal court, and thus he was charged with a Federal Crime under 18 USC Sec. 704 and 32 CFR Part 507. Here are the relavent laws:
18 USC Sec. 704 01/22/02
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 33 - EMBLEMS, INSIGNIA, AND NAMES
-HEAD-
Sec. 704. Military medals or decorations
-STATUTE-
(a) In General. - Whoever knowingly wears, manufactures, or sells any decoration or medal authorized by Congress for the armed forces of the United States, or any of the service medals or badges awarded to the members of such forces, or the ribbon, button, or rosette of any such badge, decoration or medal, or any colorable imitation thereof, except when authorized under regulations made pursuant to law, shall be fined under this title or imprisoned not more than six months, or both.
(b) Congressional Medal of Honor. -
(1) In general. - If a decoration or medal involved in an offense under subsection (a) is a Congressional Medal of Honor, in lieu of the punishment provided in that subsection, the offender shall be fined under this title, imprisoned not more than 1 year, or both.
(2) Definitions. - (A) As used in subsection (a) with respect to a Congressional Medal of Honor, ''sells'' includes trades, barters, or exchanges for anything of value.
(B) As used in this subsection, ''Congressional Medal of
Honor'' means -
(i) a medal of honor awarded under section 3741, 6241, or
8741 of title 10 or section 491 of title 14;
(ii) a duplicate medal of honor issued under section 3754,
6256, or 8754 of title 10 or section 504 of title 14; or
(iii) a replacement of a medal of honor provided under
section 3747, 6253, or 8747 of title 10 or section 501 of title
14.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 732; May 24, 1949, ch. 139, Sec.
16, 63 Stat. 92; Pub. L. 103-322, title XXXII, Sec. 320109, title
XXXIII, Sec. 330016(1)(E), Sept. 13, 1994, 108 Stat. 2113, 2146;
Pub. L. 103-442, Nov. 2, 1994, 108 Stat. 4630; Pub. L. 104-294,
title VI, Sec. 604(b)(16), Oct. 11, 1996, 110 Stat. 3507; Pub. L.
107-107, div. A, title V, Sec. 553(e), Dec. 28, 2001, 115 Stat.
1117.)
-MISC1-
HISTORICAL AND REVISION NOTES
1948 ACT
Based on section 1425 of title 10, U.S.C., 1940 ed., Army and Air Force (Feb. 24, 1923, ch. 110, 42 Stat. 1286; Apr. 21, 1928, ch.
392, 45 Stat. 437).
Section was made to cover the decorations and medals of the Navy Department as well as the War Department.
Minor changes were made in phraseology.
1949 ACT
This section (section 16) clarifies the wording of section 704 of
title 18, U.S.C., to embrace all service decorations awarded to
members of the armed forces whether by the Army, Navy, Air Force, or other branch of such forces. (See note to sec. 5 (of 1949 Act, set out in Legislative History note under section 244 of title
18)).
AMENDMENTS
2001 - Subsec. (b)(2)(B). Pub. L. 107-107 amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: ''As used in this subsection, 'Congressional Medal of Honor' means a medal awarded under section 3741, 6241, or 8741 of title 10.''
1996 - Subsec. (a). Pub. L. 104-294 amended Pub. L. 103-322, Sec. 320109(1). See 1994 Amendment note below.
1994 - Subsec. (a). Pub. L. 103-322, Sec. 320109(2),
330016(1)(E), amended subsec. (a) identically, substituting ''fined
under this title'' for ''fined not more than $250''.
Pub. L. 103-322, Sec. 320109(1), as amended by Pub. L. 104-294, Sec. 604(b)(16), designated existing provisions as subsec. (a) and inserted heading.
Subsec. (b). Pub. L. 103-322, Sec. 320109(3), added subsec. (b).
Subsec. (b)(2)(B). Pub. L. 103-442 inserted '', 6241, or 8741''
after ''3741''.
1949 - Act May 24, 1949, covered all service decorations awarded members of the armed forces by any of the armed services.
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by Pub. L. 104-294 effective Sept. 13, 1994, see
section 604(d) of Pub. L. 104-294, set out as a note under section13 of this title.
And from the Code of Federal Regulations....
----------------------------------------------
TITLE 32--NATIONAL DEFENSE
CHAPTER V--DEPARTMENT OF THE ARMY
PART 507--MANUFACTURE AND SALE OF DECORATIONS, MEDALS, BADGES, INSIGNIA, COMMERCIAL USE OF HERALDIC DESIGNS AND HERALDIC QUALITY CONTROL PROGRAM--Table of Contents
Subpart C--Commercial Use of Heraldic Designs
Sec. 507.12 Possession and wearing.
(a) The wearing of any decoration, service medal, badge, service
ribbon, lapel button, or insignia prescribed or authorized by the
Department of the Army and the Department of the Air Force by any person not properly authorized to wear such device, or the use of any decoration, service medal, badge, service ribbon, lapel button, or insignia to misrepresent the identification or status of the person by whom such is worn is prohibited. Any person who violates the provision of this section is subject to punishment as prescribed in the statutes
referred to in Sec. 507.5 of this part.
(b) Mere possession by a person of any of the articles prescribed in Sec. 507.8 of this part is authorized provided that such possession is not used to defraud or misrepresent the identification or status of the individual concerned.
(c) Articles specified in Sec. 507.8 of this part, or any
distinctive parts including suspension ribbons and service ribbons) or colorable imitations thereof, will not be used by any organization, society, or other group of persons without prior approval in writing by the Secretary of the Army or the Secretary of the Air Force.
Here is the BEST part:
(b)
Mere possession by a person of any of the articles prescribed in Sec. 507.8 of this part is authorized provided that such possession is not used to defraud or misrepresent the identification or status of the individual concerned.
Other websites on the internet seem to backup what is on the CNN website:
http://www.mishalov.com/False_MoH_Recipients.html
Jackie Albert Stern, on the other hand, had plenty to say when he was sentenced. Stern was the Florida retiree who bought his Medal of Honor at a flea market and was caught by a sheriff's detective who coaxed him into coming down to the station and having his picture taken with the medal on, a requisite for prosecution in federal court.
When Stern was sentenced to one year of probation in December 1996, he was ordered to write a letter of apology to every living recipient of the Medal of Honor and have the letter published in the newspaper on Memorial Day 1997.
"I had no right to wear this prestigious medal as I had done nothing of merit to earn it,'' he wrote. "I know that my actions have cheapened the honor of those who have received this valiant award, and my pitiful attempt and selfish quest for family recognition has tarnished the dignity of all the brave men and women on whom this medal was legitimately bestowed.''
Mr. ARK, you may continue to believe whatever you like. My children were just over five when they stopped believing in the Easter Bunny. So if continuing to believe in what a convicted criminal has to say over what multiple other credible sources have reported gives you some comfort, then please feel free. Hopefully you are not in an occupation or position in life where your judgement (or lack thereof) could cause someone real harm.
Oh, I would address you by your REAL NAME, but since you are in violation of MartialTalk's rules and have not supplied the required information, I will just have to go with what I have.