Marine F-18 Pilot Pleads Guilty to Conspiring to Defraud
Marine Corp vow of Semper Fi disgraced
Dean Anthony Toth, age 38, of Oldham County, Kentucky a past Marine F-18 pilot didn't hear the code of conduct expected of all Marines:
"Honor requires each Marine to exemplify the ultimate standard in ethical and moral conduct. Honor is many things; honor requires many things. A U.S. Marine must never lie, never cheat, never steal, but that is not enough. Much more is required. Each Marine must cling to an uncompromising code of personal integrity, accountable for his actions and holding others accountable for theirs. And, above all, honor mandates that a Marine never sully the reputation of his Corps."
Dean Anthony Toth
The Marine Corp motto is "Semper Fi", short for Semper Fidelis. The motto says a Marine shall always be faithful to his pledges and to his comrades.
"A US Marine Must never lie, must never cheat, must never steal"
The code of honor is difficult to apply if you can't hear it. Toth, a pilot for South West Airlines, can't hear very good. At least that is what he said when he applied for disability with the Department of Veteran’s affairs.
"He said he had hearing loss in both ears"
Supposedly, serving as an F-18 instructor is hazardous to your health. In 2003 Toth was named the Marine Instructor of the Year, as he was serving on active duty from 1995 to 2004. After leaving the service he said he had hearing loss in both ears and claimed back disability pay of nearly $100,000 plus an extra pay check of $2,500 per month for life.
"A hearing exam indicated that his hearing was
'within normal limits'"
'within normal limits'"
The dishonest Marine had some inside help that assured he would get the disability award. His friend, Daniel Ryan Parker, knew Jeffrey McGill. Both men worked for the Department of Veterans Affairs, according to bloger Wave 3. Parker and McGill had a deal going with several soldiers to manipulate the system.
On August 10, 2007, Toth took a hearing exam and the results indicated that his hearing was "within normal limits." Parker and McGill, however, altered Toth's exam results to reflect that Toth had profound hearing loss, and McGill personally reviewed Toth's claim.
"The guy who is deaf in both ears hears well enough to fly commercial airliners"
Of course, Toth's claim was approved for 100 percent disability. On October 31, 2007, the VA paid Toth $93,240 in retroactive disability payments, and Toth also began receiving over $2,500 per month in disability payments. These monthly payments were tax free and would have continued for life. The guy who is deaf in both ears hears well enough to fly commercial airliners. When in the military, Toth passed yearly auditory exams As a pilot for Southwest Airlines, the crooked Marine passed mandatory auditory exams in 2006, 07 and 08 required by the Department of Transportation. The FAA likes to know their pilots can hear instructions, like "Southwest Heavy, Turn right heading 040, maintain 14,000 feet to avoid confused pilot".
"The feds were interested in identifying those pilots who had used different doctors, one to certify fitness to fly and another to certify disability for SSA benefits."
According to AVstop.com Av Stop.com, "One the areas the feds began looking into, beginning in 1992, was a review of pilots who had made disability claims with the Social Security Administration. The feds were interested in identifying those pilots who had used different doctors, one to certify fitness to fly and another to certify disability for SSA benefits. This was a coordinated effort between The Department of Transportation, the Social Security Administration and the Federal Aviation Administration."
It didn't take much investigation to realize there was a bad apple in the Marine Corp barrel. One cannot have hearing loss in both ears and at the same time pass hearing loss tests both in the Military and during annual physicals for the Department of Transportation. The guy who was a top instructor for budding F-18 pilots should have read the book about how records are admitted to court to prove one guilty of fraud.
It didn't take much investigation to realize there was a bad apple in the Marine Corp barrel. One cannot have hearing loss in both ears and at the same time pass hearing loss tests both in the Military and during annual physicals for the Department of Transportation. The guy who was a top instructor for budding F-18 pilots should have read the book about how records are admitted to court to prove one guilty of fraud.
"Toth did the wise thing, cop a plea"
F-18 breaks sound barrier
Instructor Toth went to trial anyway, according to Military News. He had a lot to lose. After two days of listening to the Government's case, he decided he was in enemy territory and the enemy was going to win! By now, Parker and McGill had already pled guilty and were likely witnesses at trial. Toth did the wise thing, cop a plea. It is better to take an unattractive plea deal than be found guilty of all the charges. The court does not like to waste time.Toth admitted he knew Parker would falsify his medical records to support his claim. In return Toth agreed to pay Parker two-thirds of any retroactive payment. When he got his check he deposited the $93,240 into his bank account.
"According to the Marine Corp honor code he made good on his promise to pay the bribe"
Missing man formation
According to the Marine Corp honor code he made good on his promise to pay the bribe to Parker. In November of 2007, he pulled $30,000 from his bank in three $10,000 lump sums which he gave to Parker. Toth wanted to keep the withdrawal at $10,000 to avoid government reporting requirements. Later, assuming all of the fan fare was foolishness, Toth sent Parker a final cashier's check for $32,160. The four payments represented exactly two-thirds of the back pay owed the ex-marine pilot. "The maximum penalties for Toth are 10 years"
The maximum potential penalties for Toth are 10 years’ imprisonment, a $500,000 fine, and supervised release for up to three years. United States Attorney David Weiser who prosecuted the case has another "kill" under his belt with the guilty plea. Investigators from the Department of Veterans Affairs Office of the Inspector General, and the Federal Bureau of Investigation has done a good job in assembling the evidence.
Parker and McGill and several others pled guilty and are awaiting their turn in front of the judge.
US District Court Judge Jude Jennifer B. Coffman will sentence Dean Toth on May 17th, 2010. The top flight instructor will find out how long his wings and his freedom will be clipped for defrauding the US Government and Veteran's Affairs for fake disability claims based on loss of hearing. You can bet Toth will be all ears!
Semper Fi.
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