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Subscribe to RSSNew Jersey has sued two state residents, claiming they collected tens of thousands of dollars in donations for a bogus 9/11 charity.
In the lawsuit filed Monday in Superior Court, the New Jersey Attorney General's Office claims 66-year-old Mark Niemczyk of Tinton Falls, N.J. and 40-year-old Thomas Scalgione of Manahawkin, N.J. used the money they raised for their own personal gain. It also alleges that the pair — who both have criminal records — failed to register the charity as required by state law.
See the original story on NBCNewYork.com.
The two men have driven throughout the state in a pickup truck painted with the names of first responders who died in the terrorist attacks. Niemczyk claimed to be an ex-Navy SEAL while he solicited donations.
When NBC 4 New York inadvertently stopped Niemczyk without recognizing him at his apartment complex in Tinton Falls Monday, Niemczyk spoke about himself in the third person.
"Whatever money I know he collects goes out," he said.
New Jersey Attorney General Jeff Chiesa called Niemczyk's act "really reprehensible behavior, preying on the memories of the heroes who responded to the 9/11 tragedy."
Niemczyk's bogus operation was revealed over a year ago in a YouTube video posted by a real ex-SEAL, Don Shipley.
Chiesa is asking the court to impound the truck and order an end to the solicitations.
The Associated Press contributed to this report.
NBCNewYork.com is operated by WNBC, NBC News' station in New York City.
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I hope a couple of real Seals go teach both of them a real lesson.
I'd prefer to see them arraigned, tried, and punished under the new "Stolen Valor" code.
Fraud is fraud, and pretending to be a member of the military should be punishable in the same way identity theft is.
I agree but it wouldn't hurt to teach them a lesson of honor, dignity and country above self.
I thought the stolen valor law was shot down by the almighty f'ing supreme court?
This has been an ongoing investigation for years. Christie, Corzine, Dow and Milgram were all asked to investigate these bogus 9/11 / military family contribution fund raisers but nothing from their offices bore fruit. They swept it under the rug. On top of that their was a fellow who ran from charges in NJ, was arrested but it never came out as to who he actually was. He refused to give up his real identification. And nothing new has came out as to the investigation until this article. Whitewash anyone?
I think they should be inducted into the Navy and be forced to undergo real SEAL training, and then, after they have washed out, as they no doubt would, they should be sent to prison where they belong. And if they should pass it, which is highly unlikely, their sorry asses should be sent to Afghanistan to do some real fighting.
Is it free speech to misrepresent one's credentials for the purpose to conduct fraud?
Sadly "Stolen Valor" was overturned. It should be law. I have had the misfortune of dealing with someone that claimed to be a Seal and was running a charity, collecting cigars for troops, which he would then skim off, mail a few and either keep or sell the rest off through a friend of his. We were persuing action under the Stolen Valor Act, but once the act was overturned by the Supreme Court for "1st amendment rights violations" it really caused our effort to take a blow to the gut.
www.pownetwork.org
I'm a Veteran myself. Nothing special, but I come from a long line of proud Vets, and anyone claiming they fought for this country that didn't, need to be forced to the front lines so they can eat their words.
The Stolen Valor act has been shot down. And yes Steve Herbert, the US Supreme Court has decided that it is not illegal to represent yourself incorrectly in order to commit fraud. The fraud itself is the crime and the identity misrepresentation is a means to do that, or you might say, free speech.
It would be great if Seal Team Six was to catch up with these guys.
Quiet, late at night, without a sound.
It only took authorities more than a year to catch these guys. They disguised themselves pretty well.
Ahhhh yes... the possibilities of fun that could be had with these two... I say gift wrap 'em all nice and pretty... then overnight them to NAB Little Creek, VA., special delivery for NAVSPECWARCOM... I'm sure they'll be really happy to have these two, if not... or they could just save the cost and ship their asses UPS group down to Fort Bragg, C/O USSOCOM, I know some peop's who'll sign for them.
The stolen valor act wouldn't do squat about this... these jerks were committing crimes by stealing money. I'm a vet and I could care less about some creep out there committing fraud by claiming he's something that he's not or never was, doesn't diminish my service and accomplishments not a single iota, not one, he's not lying to me or about me... nothing I can do about it. Now, when he does this, steal from veterans, that's when I get upset.
These two belong in prison for fraud and multiple counts of theft by deception. They can be charged with one count of theft by deception for ever single contribution they collected. With sentences running consecutively that would take them off the street permanently. I realize that the Stolen Valor Act was shot down by the Supreme Court, by people who use this tactic to steal money deserve the maximum punishment allowed by law. That means no concurrent sentences, make them consecutive for every crime and every individual count. @!$%#s like these only make it harder for real charities run by real heroes to raise money. People start to think that all of them are scams and decline to donate to any of them. It is unfortunate because there are a lot of people out there who need help who are actually deserving of that help for the sacrifices they have made for this country.
Fraud is Fraud. Try them convict them and put them in Jail. Arrest them with NO bail.
It would be beneath a SEAL to even think of doing any thing to these scum bags.
The seals protect this scums rights to do harm to Americans.
The Law will prevail. Don't tell the Supreme Court because they might find the Fraud Law is wrong because it impinges on Free Speech.
"I hope a couple of real Seals go teach both of them a real lesson."
It's been known to happen. SEALs absolutely HATE fake SEALs.
Stolen Valor was struck down by the Supreme Court so claiming to be a Navy SEAL is not a crime, while at the same time a person can't say they got the Medal of Honor.
Advertisers can't make false claims, but a politician can.
It's against the law to make a false statement to any law enforcement, but law enforcement can lie in an interrogation to a suspect to gain information.
Makes perfect sense to me... I think...
The only boot they'll see is a prison boot camp.
Unfortunately, it looks like that won't happen - the scumballs aren't facing criminal prosecution, just a civil lawsuit seeking an injunction against future scamming, seizing the truck, and maybe recovering some of the $$ they bilked off their gullible marks.
I don't understand that. Why aren't they being arrested and charged with a crime?
Because the US Supreme Court has determined that the First Amendment (Freedom of Speech) also covers the freedom to lie.
majdave79, you nailed it. I figure this is to cover the politicans. Sad way for a countries population not to be held responsible. Lie all you want for gain. We don't care.
Wow - that exchange in posts 2.3 and 2.4 nails conservative logic and SOP in a nutshell. Somebody writes something totally false and that no rational semi-knowledgeable adult could take seriously, another laps it, and bingo: it's carved in stone as conservative "facts" :D
How can any Human Being with a conscious take Money from well meaning people to Help those who suffered such a tragedy and keep it for themselves. Just re-enforces the saying "Money Is The Root Of All Evil"
America, the land of opportunity. Fair or unfair, people (AKA scum bags) will work harder to take from others instead of earning it as an honest days pay.
ranknfile
I am not normally a nit picker but...the reference from the Bible you used is actually "The LOVE of money is the root of all evil"p.p. Money is an inanimate object neither evil or good. Distorted and obsessive human lust and behavior is the problem. This being said, as a 23 year retired military man, these guys should have to face some REAL Brothers in Arms and endure what ever happens there. I can think of a few possibilities myself, on the field of honor as it were. Yeah, it's a man thing.
ranknfile,
"How can any Human Being with a conscious take Money from well meaning people to Help those who suffered such a tragedy and keep it for themselves."
I think you have just answered your own question. They have no conscience.
The Stolen Valor Act was struck down by the Supreme Court. Thats why they are not being charged except with running a non-registered charity. SCUMBAG fake Navy SEALS !
That's "F'ing Supreme Court"
Yes it was-such a sad day in the USA. All vets should damn mad about it.
This country turned out to be a criminals paridise! The IDIOT LAWMAKERS keep making laws that make it easier for criminals to stay out of prison or do less time! Our A$$HOLE GOVERNMENT needs to be warned that they have to start being concerned about INNOCENT PEOPLE and ALL AMERICANS and STOP taking care of THEMSELVES and THE WORLD!! I have no idea how that could acomplished!!
I agree, the REAL Navy SEALS should pay them a visit! I guarantee they would never do it again and it would sure discourage anyone else from trying it. Course if the Real Seals took care of it, no one would ever know. They would just disappear:-)
Yes.
Missouri Marshal,
"Course if the Real Seals took care of it, no one would ever know. They would just disappear:-)"
I agree with the first part of your post, but that last part makes the Navy SEAL's look like the Mafia. Isn't that how the Mafia deals with its enemies?
Hell I'm not a Navy Seal but I can make them Disappear....... Redi-mix concrete anyone
The Supreme Court said valor stolen not earned was part of 'free speech' and with that stroke of genius okayed lying. But not registering as a charity is a bureaucratic no-no and punishable. The worst these guys might get is a charge or larceny and being ordered to stand in line to get a permit to lie and cheat the public. It's a real shame directly attributable to the Supreme Court's ruling.
PatSaunders,
You make a good point. It's kind of funny how lying is a crime in our society only under a few particular circumstances and perfectly acceptable under most others.
Mikey
Clinton lied under oath to the United States Supreme Court and was not prosecuted. By that example and precedent it is legal to lie anywhere, anytime, to anyone.
BobW,
"Clinton lied under oath to the United States Supreme Court and was not prosecuted."
Maybe, but I was just making an observation about a general principle in our society; not addressing any specific case.
BUD/S is no joke. I cant wait for these scumbags to get whats coming to them.
People never, NEVER, cease to amaze me that they will give ANY money to some doucebag charity that they don't check out first....
In Florida, we had the so called "Navy Veterans" charity that was run by a scumbag, collected 10s of millions of dollars, and gave NOTHING to help the Veterans....This guy lived like a Saudi prince.
If you are dumb enough to give money to ANY charity, you deserve to get ripped off....Do you think that the people that run these charities, and drive a Mercedes Benz CARE ?
Even the more esteemed charities are scamers, doubt if ten cents out of a dollar ever makes it to the receiving party. So when the united way gives one million dollars, where is the other nine? Buying the boss another yacht or Lamborghini...
Rom1-I agree the guy here in Florida was a complete scumbag, but he did not live like a prince (as far as anyone knows, as it hasn't been shown anywhere that he did), he actually lived in a run down duplex in a tough neighborhood and no assets were found. Once he was exposed, he disappeared, and was only found recently (w/almost no $$) and brought back for trial. My guess is he had someone else behind the money and he was just the face of the charity (if he didn't get some kind of decent money, he really is a STUPID scumbag too!). So somewhere out there, somebody has $10M!! Or maybe he bought a dressage horse for the Olympics?
The ONLY charity I give to is the Missouri Food Bank. Anybody who calls on the phone I usually hang up on. When telemarketers ask for you credit card number over the phone, HANG UP! Blind trust in a supposed charity is the last thing we need. Many people don't want to hurt the telemarketers "feelings" and get scammed. It's your money. Don't just give it away w/o doing a little (or a LOT) checking. I have older religious relatives in their eighties and while on a fixed income buy religious calendars and cards that they can't afford, but they are so ingrained Catholic they feel guilty if they don't. Some of those charities are the ones where 80% or more of the collected money goes to pay the people running it.
Remember all of the people who gave money to George Zimmerman's fund but then found out afterwards that he had also molested his cousin?
Let the military judge them.Leavenworth would be a place to put these posers.There also a going trend were people are delaying enlisting recruitment entrance and putting military insignias on vehicles posing like they're military involved.Insults all active,retired,and departed military personel.
The real reason Stolen Valor was shot down?
It's only one step away from a national stolen identity law which this country refuses to enact because of the millions of illegal aliens living on the stolen identities of citizens of the US, including babies and pre-school children.
Even the Social Security Administration has finally admitted that it's best you check your CHILD'S SS# to see if it has a credit history.
So, have you checked your children's SS# lately? Better get started. It will take you years to get it straightened out, and all the effort comes from you personally, and at your expense.
There are places you can check out the charity and it will tell you how much out of a dollar actually goes to helping people. Remember also that many charities hire marketing groups to sell the charity and pay them a percentage. I think most of us would do best simply to give a few bucks to someone we know. Never give a dime to anyone until you check them out. I don't care how gracious they look or how many times they refer to God and Jesus.
Well said...We have a poor family with 3 kids that live in our block.......My wife makes a massive dinner for them on Thanksgiving and Christmas, plus gifts for the children (we are in our 60s)
Total overhead involved?...zero.
Oh, and I don't care WHAT their financial statements say!...Any credible accountant will tell you about the "loophole" expenses they claim.
Good for you Harry!
There are two adages I use in considering charity contributions.
1 Charity starts at home.
2 Clean up your own yard first.
If we would all just take a walk around our local neighborhoods, work and give locally each to his/her own community the whole country would improve. In that, the full value of our gift is vested both in time and money. To anyone living in a city, tell me, can you walk more than a block or two and NOT see someone in need? Just thinking out loud. Again, thanks Harry.
Absolutely! Why donate to save a fish when you have starving children here? Why donate to save a starving child in another country when you have children being abused here? Ever seen the children in certain parts of Appalachian Mountains?
You four are extraordinary members of society.
A year ago they knew? What took NJ officials so long to act! It could not have taken a whole year to do an investigation. One call to the Navy Seals and I bet in 5 minutes they could tell you who was and was not in their ranks.
These guys deserve a lot of clean up time on the freeways and working digging through garbage without protection for a couple of years and see what the real people suffered.
But then I suppose that would be cruel and unusual punishment. But that is just what these guys need.
I was thinking the same thing. The state of NJ let this keep going for a year? If I knew of a crime that was being perpetuated for a year and did nothing wouldn't I be considered an accomplice? Anyone who donated in the last year should be asking the NJ to refund thier money.
Bastards.
Lesson to be learned . . . do not donate to ANY charity unless you are positive you KNOW what you are donating to. Don't fall for sob stories, phone calls, TV ads, knocks on doors (especially) - none of it unless you have researched and know if it's a legitimate charity, how much of your money actually GOES to what you think it's going to and how much the administrative officer of that charity gets paid every year from these donations.
Maybe we should go back to bartering, such horrendous crimes are committed for money. It would keep us all busy and out of trouble. I will trade you 40 tomatoes for 20 kumquats. No money changes hands, and you get what you really need.
Slime balls without an ounce of integrity.
Just another typical American. My wife is from Honduras so my son and I both have hondurean passports as well. This way we do not have to feel the shame. USA has gone sooooooooooooooooooooooo far down his its not even funny
...yeah, I suppose everyone is honest in good ole Honduras....right?.....maybe that's where Al Sharpton got his "Reverend " credentials....
Well, nycguy, Floridian69 DID make a good observation with this country going downhill. However, as for you, Floridian69, not all Americans are like this jerk who did this to these people. You should quit being such a narrow-minded jerk with the issue, okay? Thank you.
There will be more of this since the Supreme Court ruled that it not a crime to lie about military service or any medals you say you were awarded.
Don't know what all these warhawk pukes are complaining about, Republicans like Mark Niemczyk and Thomas Scalgione are just practicing good old fashioned Ayn Randian capitalism like any other American.
What is the problem, you bunch of whining sissies?
Everyone should do some research on a charity before they donate to it. A good start is to check out Charity Navigator, they rate charities based on how much of each donated dollar goes to the actual cause.
Why did the WTC 7 fall at 5:45 when it was not hit by a plane...??? It had 3 floors on fire.....but it was NEVER mentioned by the 9/11 Commission,in the Commission Report...???? And these two guys are FOCKING SCUMBAGS.!!!!!!!!!!!!!!!!!!!!
At least they didn't claim they were posthumously awarded the Congressional Medal of Honor.
Boy, the desperation that people are feeling in this economic climate is forcing some really odd behavior- this is no exception. These scumbags should be forced to spend a month with some real SEALs and allowed to have whatever 'fun' with them they choose. Make a video of it and send it to all their victims for their viewing pleasure.
There's an easy answer to this: Seals take care of it.
Pieces of @!$%#.