Michael J. Davis; SS, DFC, PH

Attachment: as stated - Follows:

BEGINNINGS OF THE MOVING WALL - AND THE RIP OFF:

 In the months preceding the dedication of the Vietnam Veterans Memorial in Washington, D.C., the life of John Devitt, like that of many Vietnam Veterans, was in turmoil - as it had been for years following his return from South East Asia. He was a very angry young man with no hint of why he found American society to be so `out of step' with the values which he held sacred. He had acted on the advice of friends who suggested that he might seek the assistance of the Veterans Administration to determine if he was under the effects of "Post-Vietnam Syndrome" (which came to be known as Post Traumatic Stress Disorder, "PTSD"). Having been told by VA doctors that he, "...needed to get rid of the guilt..." which they said he carried as a result of his service in Viet Nam, Devitt determined that he should not return to the VA until he had accomplished his assigned mission of ridding himself of the guilt which, incidentally, he was unable to find within himself.

 Members of Devitt's family, thinking that the Vietnam Veterans Memorial might be of benefit to him, arranged for him to attend its dedication in 1982. Devitt strenuously resisted, yet agreed to attend when he realized he might be able to `find his guilt and lay it down' at the Memorial. Instead, Devitt found pride at the Vietnam Veterans Memorial. Pride in his military brothers whose names were listed on The Wall. Pride in those who had served and survived and, perhaps most importantly, pride in himself - a feeling he had not been aware of since the time of his service in Viet Nam as a helicopter Door Gunner. While flying back to his home in San Jose, Devitt realized that many people - unable to travel across the nation - would not be able to experience, for themselves, the powerful effects of the Memorial. This realization was the genesis of a `mission' which became the defining factor of John Devitt's adult life and which was destined to positively effect the lives of people numbering well into the millions. Devitt's `mission', which he initially envisioned being to construct a smaller replica of the Vietnam Veterans Memorial and to locate it on the West coast, subsequently evolved into The Moving Wal.

 The path between genesis and reality was fraught with difficulties and potential diversions. However, once joined in the mission by his friends (and fellow Vietnam Veterans) Norris Shears and Gerry Haver and other members of Vietnam Combat Veterans, Ltd. (VCV, Ltd.), Devitt found that all difficulties were only to be overcome and that diversions were simply to be ignored. As one example, moving into his car seemed the only natural thing to do when Devitt realized that the money he was `wasting' on apartment rent could be applied to the Memorial project.

 In an aborted attempt to replicate the Wall photographically, Devitt flew to Washington, D.C., photographed the entire Wall and later (when the first two `Test Panels' were completed) found that the glossy surface of the Memorial in D.C. showed reflections of clouds and trees such that the photographed names were not readable. The names were what counted - the primary concern. Devitt had proved that, although a `Photo Mural' might be made from the negatives, without readable names, it would be totally unacceptable for the objective of producing a true half scale replica of the Memorial. `Discarding the trash' (the full set of [unacceptable] photographic negatives), Devitt stated flatly, "We can't use them." and continued seeking an acceptable process for replicating the names. Through persistence, Devitt and The Memorial Fund of VCV, Ltd. eventually succeeded.

 Meanwhile, a small group [organization's and individual's names are listed in Classified Annex: WALL0602.AS1 ] appeared to be more interested in fund raising than in upholding the sanctity and integrity of the Memorial. After stealing Devitt's negatives, this group completed a `Photo Mural' from Devitt's pirated negatives and first showed it at [details listed in Classified Annex: WALL0602.AS1 ] where it began a long career of use to solicit funds for a wide variety of so called `Worthy Projects for Downtrodden Vietnam Veterans'. History has shown that the funds raised at the majority of these `Worthy Projects" have, by in large, benefited (if not only, at least primarily) the promoters of the projects and have NOT benefited "Downtrodden Vietnam Veterans".

 Devitt's focus and commitment remained intact as The Moving Wall was completed and its display initiated - with no other agenda except to share it with others. To date, Devitt's personal integrity and the powers of the Memorial itself have insured that the singular purpose of The Moving Wall has not been defiled. The Moving Wall project of Vietnam Combat Veterans, Ltd. Memorial Fund is, and operates in accordance with the standards of, a 501-C Non-Profit Corporation. ALL funds received have gone only to operations of The Moving Wall. NO funds have ever been 'siphoned off' to enrich ANYONE. Further, the VCV, Ltd. Memorial Fund does not, in any manner, solicit donations from the general public.

 When word got out that Coors Brewing Company had contracted with (name listed in Classified Annex: WALL0602.AS1 ; as some sort of an advisor and/or consultant) and was making their own "1/2 scale replica" (photo mural) of The Wall, I and a number of other concerned Vietnam Vets wrote to Peter Coors. We each, in our own way, advised Mr. Coors that we thought that his Marketing Department was making a serious mistake by attempting to capitalize on the sacrifice of our fallen Comrades-in-Arms, in a way that (although perhaps technically legal) could only defile their sacrifice, the Memorial and the company. I told Mr. Coors that I believed (and, incidentally, I do still believe) that seeking to profit from that sacrifice, in ANY manner or for ANY purpose whatsoever, can be nothing other than a sacrilege. Coors chose not to heed our admonitions and proceeded to produce and display their "replica", complete with signs and press releases which (sometimes subtly - sometimes blatantly) promoted the Coors Marketing Department's agenda. When Coors finally got the message that they were actually loosing more customers than they were gaining (because many Vietnam Vets saw for themselves what was really happening), they decided to `distance themselves' from the project by turning it over to someone who would display it and promote their agenda in their behalf. Coors offered their replica to the Gold Star Mothers who, seeing the realities of Coors' motivations, declined to accept it. Coors eventually turned their project over to the American GI Forum who displayed it and who regularly included the Coors name in press releases and other `promotional materials' related to display of the "replica". Use of the name "The Moving Wall" in conjunction with the Coors "replica" caused frequent confusion within the Vietnam Vet community. Since abandoning their "Rip-Off" of The Moving Wall, Coors has continued to engage in activities associated with The Moving Wall which many have considered to be possibly illegal and certainly immoral. For details of just one such occurrence, Click Here-->> Coors Shows Their True Colors

Service Corporation International (SCI), the world's largest cemetery and funeral home corporation, produced "The Wall Experience" which, although not a `replica' as such, does bear the names of those listed on the Vietnam Veterans Memorial. "The Wall Experience" has been displayed in SCI's corporate cemeteries across the country. Vietnam Veterans and their families have been invited to visit "The Wall Experience" and, 'Oh, by the way, could you use a Pre-Paid Funeral Plan?' or, 'Do you need a cemetery plot for your family?'. Jan Scruggs (President of the Vietnam Veterans Memorial Fund) not only endorsed the SCI 'Use the Names of OUR Dead Heroes for Profit' project but he even contracted with them for regular, high-paid speaking engagements at displays of SCI's "The Wall Experience". Although SCI did not, themselves, use the name "The Moving Wall" in conjunction with their project, there has occasionally been confusion between it and the real "Moving Wall".

Lake County VetZ, an organization whose leadership professes to be all Vietnam Veterans who `give everything we get to homeless vets', is the primary subject of this investigation. According to Mr. Stanley M. Adler, Sr., a Director and the President of Lake County VetZ:

Their organization acquired (source unspecified) a half scale photo mural `replica' of the Vietnam Veterans Memorial and displayed it, for "donations", for seven or eight years. (REF: TELCON 1996/04/26/1222); NOTE: This "Photo Mural Replica" sounds like the 'original' photo mural, the negatives for which had been stolen from John Devitt by (name and organization listed in Classified Annex: WALL0602.AS1 , however, this has not been confirmed to date.)
They recently replaced their photo mural `replica' with an all aluminum structure which was `laser engraved'; (REF: TELCON 1996/04/26/1222)
They are producing two more structures this summer, one for Jan Scruggs (REF: TELCON 1996/04/26/1222); NOTE: This item is supported by a report that the Reverend John Steer has declined to accept Jan Scruggs' offer for Fort Steer personnel to display his `personal Memorial replica' (REF: TELCON 1996/06/16/1408)
They, "...get a three thousand dollar `donation'...[and]...require a hundred thousand dollars property insurance..." and transport from people wishing to display their `replica' (REF: TELCON 1996/04/26/1222); NOTE: This statement is refuted by Mr. Adler's hand-written and signed note which states, in part, "1,000 for use", (FILEREF: WALL0510.-96, Pg. 6, Line 24). [To See the Note] Click Here-->> VetZ's Brochure
All the funds they receive go to homeless vets (REF: TELCON 1996/04/26/1222). NOTE: This statement was repeated by Mr. Adler in a letter to [name withheld for privacy considerations] dated January 2, 1996 FILEREF: WALL0510.-96, Pg. 9); [To See Letter] Click Here-->> VetZ's Letter However, this statement was refuted by printed statements in a brochure which bears Mr. Adler's hand-written note and signature. The printed statement, "The Wall is available for display by organizations with a minimum tax deductable [sic] donation for maintanance [sic] and upkeep." (REF: Lake County VetZ brochure, was provided by Mr. Adler, FILEREF: WALL0510.-96, Pg. 7, Lines 25-27); [To See Brochure] Click Here-->> VetZ's Brochure [To See TELCON] Click Here-->> TelCon0426.-96
"...that Wall out of San Jose - a weekend averages twenty thousand dollars..." and "Yeah, twenty thousand for a weekend." (REF: TELCON 1996/04/26/1222). Other Sources reported that Mr. Adler has given cost figures for displaying "...the one from those guys in San Jose..." from $20,000.00 to $26,000.00 for a weekend; NOTE; These references were clearly directed toward "The Moving Wall" and the Memorial Fund of Vietnam Combat Veterans, Limited (VCV, Ltd.), 1267 Alma Court, San Jose, CA 95112, 408/288-6305, who have confirmed that the only fee payable to the Memorial Fund by sponsors is a Display Fee of $2,650 and that sponsors provide food and lodging for one person who transports the Memorial.
When repeatedly asked if he or Lake County VetZ ever used the name "The Moving Wall", Mr. Adler has given me variety of answers, including:

They (Lake County VetZ) had never used the name "The Moving Wall" to refer to their `replica' but that, "...at one point, I think we may have called it The Traveling Wall, but not any more." and "...we just call ours a half scale replica." (FILEREF: WALL0510.-96, Pg. 3);
"No, we don't. Ours is called...uh...ummm...what we used to call ours is "The Traveling Wall." (FILEREF: WALL0515.-96, Pg. 2, line 24), and;
"Not to my recollection and not to ANYBODY that's on the board...we talked about it and NOBODY can recall ever having called it "The Moving Wall". (FILEREF: WALL0515.-96, Pg. 2, line 31).

Then, after I had read to Mr. Adler several direct quotes from a Lake County VETZ brochure which he had mailed out (with a handwritten note, signed by him) in January, 1996, in which they DID use the name "The Moving Wall" at least seven (7) times, Mr. Adler responded:

"Well...so...okay maybe we did use it...ya' know...as far as I remembered we didn't." (FILEREF: WALL0515.-96, Pg. 3, line 32), and;
"Like I said, I don't think they copyrighted it or trademarked the name or anything else." (FILEREF: WALL0515.-96, Pg. 3, line 34).

Through the comparison of:

A brochure (FILEREF: WALL0510.-96, Pgs. 4 - 7) entitled "The New Traveling Vietnam Veterans Memorial Wall" which was produced by or for Lake County VetZ (Exact original production date is pending confirmation, however, according to `accomplished feat' references contained therein, its production could not predate 1995. This brochure is known to have been distributed by Mr. Stanley M. Adler, Sr. as recently as 2nd January, 1996.), and;
An untitled `information pamphlet' (FILEREF: WALL0509.-96, Pgs. 1 - 12) which was originally authored and produced by Mr. John Devitt o/a December, 1984 (Exact original production and subsequent edit dates are pending confirmation. This information pamphlet has since been widely distributed by The Memorial Fund of VCV, Ltd.), the following has been noted:

It is clearly evident that various portions of the Lake County VetZ brochure are direct quotes, plagiarized from the VCV, Ltd. information pamphlet, in that:

A variety of Network Sources have confirmed personal knowledge of Mr. Devitt's original research, writing and production of the `information pamphlet' and that same predates Lake County VetZ' references to several `accomplished facts' dated as late as 1995 (being the earliest possible production date for the brochure), and;
The Lake County VetZ brochure contains several exact replications of the VCV, Ltd. information pamphlet, including replicated verbiage and punctuation, exactly as in the VCV, Ltd. original document, a few of which are listed, Click Here-->> VetZ Steals VCV's documents (also)

CONCLUSIONS:

In that this matter remains under investigation, I refrain from making any definitive conclusions at this time. I do, however, propose the following observations and/or speculations as points which may warrant additional research.

Although he appears to present himself as such, Mr. Adler may not, in fact, be the `official, final authority' or the `motive force' of the Lake County VetZ organization;
The `dual representations' that all funds received (from `donations' to their `replica project'), A.: "...goes to homeless vets..." or, B.: goes to "...maintanance [sic] and upkeep." leaves the matter of the organization's actual disbursement of funds in question;
Various legal and lay interpretations of use of the term "donation", where the exact amount of a `required donation' is specified, indicate that such use is most frequently applied in cases where the `recipients' wish to misrepresent the fact that they are actually `charging a fee' or are attempting to evade the payment of taxes on actual income. The intent of Lake County VetZ has yet to be determined;
Mr. Adler's statements that no one on the Board of Lake County VetZ could remember ever having used the name "The Moving Wall" in conjunction with their 'replica' when compared with his having distributed the Lake County VetZ brochure, which contains that name at least seven (7) times - as recently as 2nd January, 1996, indicates that Mr. Adler is either a knowing and willful liar or he and the Board Members of Lake County VetZ each and all have serious memory deficiencies. Clarification of this point remains pending;
Mr. Adler's responses to my having pointed out the above use of the name "The Moving Wall" indicates that he places a higher degree of importance on `legal interpretations of copyright laws' than he does on the dignity or sanctity which others feel should be accorded the sacrifice of those whose names are listed on the Memorial;
It appears to be rather evident that Lake County VetZ, solely for `fund-raising' purposes, has stolen the concept of "The Moving Wall" as well as various elements of its design and written documentation related thereto.
[ NOTE: This Analysis has been Updated. To View the Update, Click Here-->>

CLASSIFIED ANNEX EXCERPTS:

NOTE: The following excerpts have been declassified and cleared for inclusion herein. The remainder of each referenced Classified Annex remains classified and available only to those with appropriate clearance.

Classified Annex: WALL0602.AS1 : Vietnam Veterans Project; San Francisco; Jerry Littlejohn.

Classified Annex: WALL0602.AS1 : Vietnam Veterans Project Vet's Fair; San Francisco; Photo Mural displayed at major function which was `billed as' a "get jobs for vets" project which only put money into the pockets of the organizers and their associates, while no vets were reported as having found employment.

Classified Annex: WALL0602.AS1 : Spitler Woods State Park, Indiana; 1986; "Photo Mural" displayed at Vietnam Veterans Reunion where several Vietnam Vet entertainers were promised payment of their expenses and a small Entertainer's Fee, if they would come to perform. [Source L-7, Name withheld] drove to Indiana from [Location withheld], entertained at several performances, including impromptu sessions at a variety of locations and a number of scheduled sessions on stage (individually and with other Vietnam Vet entertainers including Sammy Davis, MOH, and Sammy's wife Peggy, Michael J. Martin and Tim Holliday). [Source L-7] was not paid his expenses to travel from [Location withheld], lodging/meals per diem or Entertainers Fees as had been promised by the functions promoters. Verification and additional details are obtainable through Louis B. (Wes) Caton, Manassas, VA and Wayne English, Flovilla, GA.

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