Kyle Jahner

Army Times

A congressman has suggested the U.S. Attorney's Office look into whether a man believed to be pretending to be an Army Ranger should face federal charges.

Rep. Michael Fitzpatrick, R-Pa., wrote in a letter to Zane David Memeger, the U.S. Attorney for the Eastern District of Pennsylvania, that "a video purportedly recorded last week could contain evidence of a federal crime."

That video, which has gone viral with more than 3.1 million views, shows Army veteran Ryan Berk interrogating Sean Yetman, a Black Friday shopper claiming to be an Army Ranger at a mall in Pennsylvania. Berk calls out a number of problems with Yetman's combat uniform and Yetman's wrong answers to basic questions. There is no evidence Yetman ever served in the military, according to Army Human Resources Command.

The Stolen Valor Act of 2013 makes it a federal crime to receive any tangible benefits for falsely representing oneself as a recipient of honors or decorations from the military. While Yetman held shopping bags in the video, it was unclear whether he received any military discounts. Berk said he warned the manager of one store of Yetman's apparent deception before confronting him.

Fitzpatrick's office declined to elaborate on the letter, and said deciding whether to investigate the case is the prosecutor's prerogative.

Department of Justice policy does not allow Memeger's office to confirm or deny the existence of any investigations, said spokeswoman Patricia Hartman. She said the office has not prosecuted any cases under the 2013 law.

The office did prosecute a case in 2010 under a broader 2005 law that was struck down by the Supreme Court in 2012 on free speech grounds.

In that case, former Marine James Anthony Alleva pleaded guilty to altering his military discharge certificate and illegally wearing the Silver Star, Bronze Star and Purple Heart medals as well as Parachute Jump Wings and a Scuba badge. He was sentenced to six months probation.