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East Bay Resident Ordered To Pay Over $17,000 For Making False Statements To Gain Admittance For Military Service

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Defendant also spent more than six months in jail at the time of his sentencing

SAN FRANCISCO – Ross Anthony Farca was ordered to pay $17,832 in restitution for making false statements to a government agency, announced United States Attorney David L. Anderson and Federal Bureau of Investigation Special Agent in Charge John F. Bennett. The sentence was handed down by the Honorable Jon S. Tigar, U.S. District Judge. 

Farca, 24, of Concord, pleaded guilty to the charge, without a plea agreement, on April 9, 2020.  As part of the proceedings for pleading guilty, Farca acknowledged he falsely certified on an electronic questionnaire that he had not consulted with a health care professional about an emotional or mental health condition when in fact he had. 

Additional facts about the case appear in other court filings, including a complaint filed November 19, 2019.  According to the complaint, on June 22, 2017, Farca traveled to a U.S. Army Recruitment Center in Mountain View, Calif., where he completed and submitted an online background check application in his bid to join the U.S. Army.  The background check application, also known as an SF-86, contains language specifically warning that falsifying or concealing a material fact on the application is a felony which may result in fines or imprisonment.  In this case, the criminal complaint alleges that Farca nevertheless knowingly made false statements about his mental health when completing the form.  Specifically, he affirmatively stated that he had not received mental health treatment when, in fact, Farca had been in regular contact with a psychiatrist since 2011.  In addition, the complaint alleges Farca had received prescriptions for various medications and had received treatments to manage his mental disorders. 

According to the complaint, Farca understood that because of his diagnosis, he needed a letter of clearance from a mental health professional before he would be qualified to enlist in the army.  The complaint alleges that Farca requested a letter of clearance from both his psychiatrist and a caseworker familiar with his condition; both mental health professionals, however, denied Farca’s request for a clearance letter.  The complaint further alleges that when Farca completed the SF-86, rather than admit he had been seeing a psychiatrist and that he was unable to obtain a letter clearing him for duty, Farca instead denied he had ever had counseling for his psychological or emotional health.  According to the complaint, Farca reported to basic training on August 28, 2017, and was discharged October 3, 2017.  The discharge paperwork cited “failed medical / physical / procurement standards” and noted, “erroneous enlistment; medical condition disqualifying for military service, with no medical waiver approved.”

A federal grand jury indicted Farca on December 3, 2019, charging him with making a false statement, in violation of 18 U.S.C. § 1001(a).  Farca pleaded guilty to the count. 

In addition to the restitution order, Judge Tigar also sentenced the defendant to time served in jail—a period of more than six months as defendant has been in custody since his arrest on November 21, 2019—and a 3-year period of supervised release, to include special conditions restricting his computer usage. Defendant will be released from federal custody and transferred to the custody of Contra Costa County, to face additional pending charges. 

The Office of the U.S. Attorney’s Special Prosecutions Section is prosecuting the case.  The prosecution is the result of an investigation by the Federal Bureau of Investigation and the Concord Police Department. 



Source: http://military-online.blogspot.com/2020/05/east-bay-resident-ordered-to-pay-over.html
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