Friday, November 29, 2019

East Bay Resident Charged With Making False Statements To Gain Admittance For Military Service


Defendant Identified After Posting Racist Messages, Identifying Himself as a Neo-Nazi, and Discussing Mass Shootings of Synagogues on an Online Video Game Website

SAN FRANCISCO – Ross Anthony Farca was charged in a criminal complaint with making a false statement to a government agency, announced United States Attorney David L. Anderson and Federal Bureau of Investigation Special Agent in Charge John F Bennett. 

In a complaint filed November 19, 2019, a redacted version of which was unsealed today, Farca, 23, of Concord, was charged with making a false statement on an online background check application in his bid to join the U.S. Army.  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 the background check application, also known as an SF-86.  The 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, which the complaint alleges was not true.

According to the complaint, Farca had been in regular contact with a psychiatrist since 2011.  In addition, Farca allegedly had received prescriptions for various medications and had received treatments to manage his mental disorders.  Further, 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."

The complaint suggests that evidence of Farca’s false statements on the SF-86 was obtained during the June 10, 2019, search of his home.  Officers from the Concord Police Department executed warrants to arrest Farca and to search his home while investigating messages Farca posted on an online video game website.  The complaint describes several messages Farca allegedly posted using his online name “Adolf Hitler (((6 MILLION)))” about carrying out a mass shooting of synagogues and praising terrorists who have perpetrated recent mass shootings at houses of worship.  During the search of Farca’s home, paperwork relating to his psychiatric condition and his military service discharge were found.

The complaint charges Farca with knowingly making false statements to a government agency, in violation of 18 U.S.C. § 1001(a)(2).  The charges contained in the criminal complaint are mere allegations. As in any criminal case, the defendant is presumed innocent unless and until proven guilty in a court of law.

Farca currently is in federal custody pending a continued detention hearing currently scheduled before U.S. Magistrate Judge Sallie Kim on Tuesday, November 26, 2019 at 10:30.  If convicted, Farca faces a maximum statutory penalty maximum sentence of five years imprisonment and a fine of $250,000, plus restitution, for each violation of 18 U.S.C. § 1001(a)(2).  However, any sentence following conviction would be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553. 

The case is being prosecuted by the Special Prosecutions and National Security Unit of the U.S. Attorney’s Office in San Francisco and investigated by the FBI and the Concord Police Department.