May 2, 2005

Demanding Accountability




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Prosecuting a Real Purple Heart
IRS / Kerry Target Swift Boat Vet

By Edward Snook
Investigative Reporter

California Federal Court - Three 30-caliber bullets ripped into Tedd Peck's arm, back and leg, leaving him hospitalized for 89 days ending in a stay at St. Albans Naval Hospital in NY, where he was presented with his meritorious Purple Heart award. There is no doubt that Tedd Peck, a retired Captain in the Naval Reserve, earned his Purple Heart award during a 7-boat river incursion in January of 1969. Peck was given orders to probe a canal when he and his crew came under heavy fire, which blasted an estimated 300 bullet holes into the Swift boat he commanded

Photo of Peck's Swift Boat after being fired upon.

Now the bullets aimed to destroy Tedd Peck are coming from vindictive prosecutors and not the Viet Cong. This is a war of retribution against him and is being waged by white-collar, renegade, left-wing elements of his own government. He is being charged with numerous counts of filing false tax returns with no evidence whatsoever, except the lie of a CID agent and the totally conjured words from a robotic prosecutor doing what he is ordered to do. Peck, a former Swift Boat Commander during Vietnam, who served in the same unit as John Kerry, prepares for yet another battle of a lifetime. This time not for the security of his country or in a fight against ailing health after suffering a heart attack, but rather for his freedom. Make no mistake, this is a war of retribution against Tedd Peck for leading and winning the charge against leftist John Kerry and his associates in the last Presidential election.

In 1998, Mr. Peck was informed of an investment possibility called a Complex Business Organization (CBO) marketed by Anderson Ark Associates (AAA). After performing his due diligence on the investment potential Mr. Peck decided to invest. Over two years elapsed before Peck, achieving the expected results, decided to step up his involvement by becoming what was known as an Information Officer. Peck's independent contractor's job description was to market the program to other interested individuals, a practice he was well accustomed to during his many years working in the insurance industry. He embarked on a three-month study program to ensure that what he said was accurate and in accordance with the applicable rules and laws. During this time Mr. Peck felt his investment was safe and the opportunity legitimate. He and other investors were looking forward to the returns on their investments until February 28, 2001 when the IRS raided the Costa Rica offices of Anderson Ark. Indictments were handed out to the senior members of the organization, and some have subsequently gone to jail; theirs, another story.

Others, like Peck, invested large portions of their retirement funds in different entities sponsored by AAA. Peck committed funds in excess of $300,000, which was more than twice what tax savings he and others with similar invested funds may have experienced had the bureaucracy not meddled in their private affairs. What is even more bizarre is the IRS would have realized three times more tax revenue than the program saved for the investors within 3 to 5 years if they had not interfered. Peck even paid early withdrawal penalties on IRA funds withdrawn prior to attaining the age of 59 ½.

Many in the organization still feel that the business opportunity was legal when used by individuals like Tedd Peck, who funded their investment with after tax dollars. Because of this belief, Peck, along with others kept in contact in hopes to hear about the outcome of their retirement money. "I, along with many other members, submitted affidavits to the Seattle Court prosecuting AAA to show the court that members of AAA think that this is government persecution of honest citizens pursuing commerce." He said in regard to his involvement after the raid.

One of the elements the prosecutor must prove is that of “intent.” Any prudent person must agree that if Tedd Peck were intending to file a false tax return he certainly wouldn't send an affidavit to the court in defense of the business activities of AAA and he wouldn't openly invest over $300,000 of his retirement funds. Further, Mr. Peck absolutely wouldn't be reporting his activities to the IRS if he was intending to cheat them…

Along Comes Kerry

The 2004 Presidential runners were out pounding the street; spewing issues we'd all like something to be done about. Both candidates were posturing themselves for maximum voter approval. John Kerry used his military service and medals to distinguish himself from George Bush's Air National Guard duty. Because of this Kerry caught the attention of those he served with in Vietnam, especially the other Swift Boat Commanders when he uttered those words “Reporting for Duty” at the Democratic National Convention.

Six months earlier his autobiographical fiction “Tour of Duty” penned by Douglas Brinkley, spurred the book, "Unfit for Command" and set in motion one of the greatest grassroots movements in recent political memory. In Brinkley's book Peck was interviewed at great length in May of 2003. Peck was puzzled, when reading the book a year later, as to how words he never spoke were put in his mouth and actual accounts of his experiences with Kerry were somehow edited out of the text. Peck was to learn in August of 2004 that the 2003 interview was a vetting process to see which long ago Swift officers were in Kerry's corner and which were not. Peck, who has detailed hour-by-hour accounts of Kerry's antics regarding the first Purple Heart encounter, never wavered in his strong disliking for a man who would degrade the Purple Heart. “That was one medal that none of my squadron mates wished to receive with the exception of Kerry who knew about some obscure Navy regulation and subsequently choreographed three hearts and a fast exit out of Viet Nam,” Peck told us last year.

In “Unfit for Command” Peck is quoted several times regarding the veracity of Kerry's claims to his first Purple Heart and his attempt to recruit Peck into the "Viet Nam Vets Against the War" (VVAW), while they were still on active duty and Peck still a patient, recovering from his combat wounds. Kerry was quickly discovering how dangerous Peck's memory would prove to be. According to a witness, “John Kerry's animosity toward Peck was set into action at the time Peck refused to go along with Kerry's anti-war efforts.”

Peck clearly remembers being told by the division executive officer that he and Kerry went on a special operation on the night of November 25, 1968. The next day and prior to Peck's scheduled patrol he learns about Kerry accidentally wounding himself and proceeding to request a Purple Heart medal. Peck, returning to base on November 27th was told that Kerry had initiated a letter writing campaign with the division commander and that Kerry threatened writing his Congressman if he were denied the award.
The award citation indicates the action took place on December 2, 1968 and not November 25th. This is quite peculiar since Peck was on patrol that night and no significant action took place the entire evening. According to Peck, “If one of the Swift boats was receiving fire it was a common practice to sortie to the hot spot and provide cover or search and rescue.” In addition Peck went on the exact same mission in the same location two nights later and not one word was said during the briefing about anyone receiving enemy fire the night of December 2nd.

Kerry arrived in Viet Nam on November 17th without a crew and was awaiting assignment to a boat. During this time he was undergoing indoctrination patrols as an observer in order to become a qualified patrol officer. He states in his memoir-based biography how he took a Boston Whaler with two enlisted men into the area where he received the enemy fire. At that time he did not have a crew, so who authorized him to select these men and proceed on the supposed mission? What officer on what boat carried him, the whaler and his two-man crew to the area? The division commanding officer and his executive officer had no knowledge of Kerry's secret mission on December 2nd. Four days hence Peck would lead Kerry out of Cam Ranh Bay for reassignment to a river division in An Thoi. “When we departed Kerry did not have the Purple Heart” states Peck. Thirty-six years later no one knows how he secured the award. This is one of the many reasons that Kerry refuses to release his Standard Form 180 opening his entire military record to the public. It is a most difficult situation Kerry finds himself in. The political solution would obviously be to marginalize Peck, which we have no doubt he attempted, using IRS contacts that share his political views.

Other Swift boat veterans including his immediate superiors concurred that John Kerry did not deserve his first Purple Heart, and they have even gone so far as to suggest that all of his medals should be questioned along with the possibility that he was dishonorably discharged. Fighting this immediate threat to his candidacy, Kerry called his old operational commander, Admiral Roy Hoffman, and asked if he would "call off" the swift boat guys. Hoffman's answer was no. Kerry realized months prior to his conversation with Hoffman the negative impact the Swift Boat Veterans and specifically Tedd Peck would have on his Presidential campaign; so had Kerry already contacted an IRS insider to attempt to neutralize Peck? The answer is a resounding yes. According to a confidential source, “There is no question that Kerry contacted an IRS confidant of his to attempt to place Peck in an unfavorable light and therefore make himself more appealing in his political world.”

The following day a grand jury indictment was handed down on Peck and on March 25, 2004 CID agent Karen Fazio arrested him. According to a federal prosecutor, the direction to indict came straight from Washington and although there is no known evidence of wrongdoing or IRS audit conducted, the case is being pursued and Peck has been in limbo since that time with little or no success in obtaining the evidence that was used to indict him. He was told the case is circumstantial and evidently it is secret as well.

"This is unlike anything I've had to face before," Tedd Peck said last year in regard to the IRS and the Federal Prosecutor vehemently pursuing his case. "My former attorney intimated that the feds view me as a tax protester and upper management in AAA. I have always filed income tax returns, usually with the assistance of a tax professional or Turbo Tax, and I don't believe that tax protesters file tax returns. And I never had anything to do with management. In addition, after a 31 year career in the insurance industry acting as an independent contractor (agent/broker) I was never considered to be an insurance company employee or manager, however, the IRS thinks my AAA independent contractor status comes with a key to the executive washroom."

The fact remains that of the 25 Anderson Ark Information Officers, he is the only one that has been indicted and sources have stated that Kerry's influence and that of the CID agent, who lied under oath at a detention hearing, in trying to "get their man" are two factors keeping this flawed case alive. Karen Fazio stated at the detention hearing that Peck had an off shore bank account with millions in it and although we haven't seen the grand jury testimony there is no doubt that Fazio helped indict Peck with her damning lie. Our investigation has proven that Peck does not have any off shore account. The truth will be exposed and Peck is hopeful that his pending book will be a wedge in the crack.

Editors Note: The Observer's investigation has been as in-depth as any case we've every taken on and the results are clear; Tedd Peck is a “Real Purple Heart” who is being falsely prosecuted at the hands of a US prosecutor's office who is acting maliciously towards an innocent war hero. There isn't one shred of credible evidence against Mr. Peck, yet there is a mountain of evidence clearly declaring his innocence.

We believe Mr. Peck has competent counsel as he is represented by Eugene Illovsky, an experienced and highly professional lawyer from Walnut Creek, California and his team of highly qualified individuals. Further, the US~Observer will provide more exposure than those attacking Tedd Peck are prepared for.

Are you outraged that a US Attorney would attempt to falsely prosecute a man who laid his very life on the line to protect all Americans? Are you outraged that our government would attempt to ruin the life of a man who was severely injured fighting for his country?

You can share your outrage with
Prosecutor Kevin B. Ryan at 415-436-6999

Anyone willing to assist this Purple Heart war hero should contact Edward Snook at 541-474-7885.





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