NEW - Michael Pattinson's story - August 2003
With images of his paintings
Extract from an article in The Star, August 18 1998 issue, page 5
LAYOUT IS MANUALLY EDITED IN THIS HTML VERSION TO BETTER
GRAHAM E. BERRY(State Bar No. 128503)
J. STEPHEN LEWIS (State Bar No. 176080)
CHRISTIAN J. SCALI (State Bar No. 193785)
BERRY, LEWIS, SCALI & STOJKOVIC
One Wilshire Boulevard
Los Angeles, California 90017-3383
Telephone: (213) 833-5900
Telecopier: (213) 833-5909
Website Address: BLSSlaw.com
Attorneys for Plaintiff
MICHAEL P. PATTINSON
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
TABLE OF CONTENTS
COMES NOW Plaintiff Michael Pattinson, for his First Amended Complaint against these Defendants, and the Relief Defendants, and alleges as follows:
1. This First Amended Complaint is not directed at any of the Defendants' religious beliefs it is only directed at Defendants' secular policies, processes, policies, practices and conduct in connection with, at the very most, religiously motivated conduct which is subject to regulation for the protection of society. In addition, Plaintiff has standing to challenge the conduct of the Defendants' and the Relief Defendants, as alleged herein, because Plaintiff claims the Defendants and the Relief Defendants have, inter alia, violated the Establishment Clause of the First Amendment to the United States Constitution. Furthermore, the Scientology entities have been appointed compliance monitors with tax collection responsibilities in connection with their own tax compliance, and that of all Scientologists. Thus they are now 'state actors' for civil rights enforcement purposes.
2. A particularly large punitive damages award is requested because of Defendants' past activities and conspiracies to avoid paying previous civil judgments and punitive damage awards in cases such as: Christofferson, Armstrong, and Wollersheim, and the implementation of Defendants' "Mission Corporate Category Sort Out" in furtherance of their schemes to avoid having to satisfy civil judgments and punitive damages awards. Defendants have engaged in these fraudulent activities to avoid paying court ordered judgments despite the Scientology enterprise being a wealthy, international, deep-pocket enterprise with substantial assets both here in the United States as well as in secret foreign bank accounts, and gold and silver bars stored at Defendants' para-military base and "gulag" facility at Gilman Hot Springs, near Hemet, California. Defendants' assets are estimated to be many billions of dollars and are derived primarily from commercial, fraudulent and criminal activities.
3. Plaintiff Michael Pattinson was a member of various of the churches and corporations of Scientology for 25 years. During that time Defendants defrauded him of over $500,000 in money and engaged in activities intended to exploit him, and to later destroy him, which caused him financial ruin and the loss of considerable clientele and earning potential. In addition, Defendants' activities included the deprivation of his human rights and civil rights, kidnapping, false imprisonment and virtual slave labor. Defendants recruited Plaintiff into Scientology with fraudulent claims that they would cure his homosexuality without telling him that Scientology financially exploited the gay community, and gay Scientology celebrities, without disclosing that persons such as homosexuals, who are labeled 1. 1 ("covertly hostile") on Scientology's Tone Scale, are among the 2-1/2% of the world's population viewed as "antisocial" and who Scientology intends to exterminate when it takes over all political, economic, civil and religious institutions in the world, and rules the world according to Scientology's totalitarian policies and practices. Similarly, the fraud that Defendants perpetrated upon Plaintiff included misrepresentations and material nondisclosures regarding the life of L. Ron Hubbard, Scientology's Fair Game policy and practice of harassing critics, intimidating judges and lawyers, and engaging in litigation blitzkriegs with juggernauts of lawyers engaged in wars of attrition against opposing counsel and parties.
4. Defendants also misrepresented and failed to make material disclosures to Plaintiff regarding their extensive criminal history and numerous criminal convictions in the United States and various other nations, the numerous damning government investigations into Scientology around the world and the adverse opinions and judgments of courts in both the United States and other countries. Defendants also failed to disclose to Plaintiff that they are a para-military, totalitarian, political organization engaged in the blackmail and intimidation of Federal and State judges, and that they had intimidated and blackmailed the United States Internal Revenue Service into ignoring the adverse decisions of the highest courts of the land, and ignoring many years of prior Department of Justice and IRS policies, to obtain tax-free status in 1993 in circumstances where, upon their own admission, they would have been responsible for over $1 billion in past due and owing taxes to the Federal government alone. Similarly, Defendants also failed to disclose to Plaintiff that their "Bridge To Total Freedom" was in reality a 'Bridge To Total Servitude'. Moreover, Plaintiff was not told that the Defendants' auditing and other processes were often dangerous and, in a number of instances, constitute the illegal practice of medicine. Plaintiff was not told that the Church of Scientology was engaged in extensive, and unlawful lobbying of Federal government officials and legislatures for the purpose of having the United States Federal Government unconstitutionally intervene (in violation of the Establishment Clause) in the internal affairs of foreign nations, using United States foreign policy and the threat of trade sanctions, to further the Church of Scientology's so-called religious agenda in those countries such as Germany and Sweden. Defendants also failed to disclose to Plaintiff that they engaged in the systematic denial of the human rights and civil rights of both adherents and critics and that they operated heavily armed facilities where Scientology dissidents were subjected to concentration camp or gulag types of environments and treatment. Contrary to Defendants' representations that Scientology was compatible with, and could co-exist with, other religions, Defendants actually forcibly attempted to strip Plaintiff of his Christian beliefs as part of a secret Scientology policy to eradicate all of the world's religions individual by individual.
5. Plaintiff seeks compensatory damages of at least $500,000, special damages, punitive damages, attorneys' fees, declaratory relief and injunctive relief. Plaintiff also seeks declarations, among other things, that Defendants' disgorge the over $1 billion that they have admitted was otherwise due and owing to the United States Federal Government in 1993 and that Plaintiff's contract with Defendants, to serve Scientology for one billion years at $50. 00 per week, is voidable as being contrary to public policy.
6. This case arises, inter alia, under and is brought pursuant to the Racketeer Influenced and Corrupt Organizations laws (RICO), 18 U.S.C. Section 1961, et seq. Federal jurisdiction is expressly conferred by ? 18 U.S.C. 1964, 28 U.S.C. ? 1338(a), 28 U.S.C. ? 1330, U.S.C. ? 1983, U.S.C. ? 1985, et. seq., the matter in controversy exceeding $75,000 exclusive of costs and interest, the United States Government being a relief defendant by and through the individual relief defendants herein. Venue in this district is authorized under 18 U.S.C ? 1965 in that the Defendants herein reside, are found, have agents, have transacted or transact affairs within this district and that 'minimum contacts' and 'national contacts' exist. This Court has ancillary or pendant jurisdiction over the state law claims stated herein that they arise from a common nucleus of operative facts. The torts herein alleged involve a substantial identity of persons, wrongful conduct on the part of Defendants, and resulting damage to Plaintiff herein.
7. Plaintiff MICHAEL PHILIP PATTINSON ("Plaintiff") is an individual currently residing in the State of California, County of Los Angeles. Plaintiff is a citizen of the United Kingdom of England, Scotland, Wales and Northern Ireland. Plaintiff is a professional artist and the holder of a Master of Arts Degree from Dundee University in Scotland. Plaintiff has had a 25-year career internationally selling graphic art with over 99% of the sale of his art work being to private and corporate collectors. Plaintiff is the pioneer of the "musicalist" art style in that he paints visual renditions of pieces of music. This style has met with good success whenever properly marketed and not subjected to exploitation and destruction by the Defendants herein. Plaintiff has appeared on U.S. television with his art and has had exhibitions in over twelve different countries during his career as an artist. During almost the entirety of Plaintiff's artistic career, he has been a member of the various churches and corporations of Scientology which have, at various times, both exploited and destroyed his business of selling works of art and his life generally. Prior to, and during, his association with Defendants Plaintiff was and is a Christian.
8. The so-called religion of SCIENTOLOGY was founded by L. Ron Hubbard (hereinafter "Commodore Hubbard" or "Hubbard"), who set forth certain purported "scientific" theories in a number of writings published in the early-1950s, including: Dianetics: The Modern Science of Mental Health and Science of Survival: Prediction of Human Behavior. Subsequently, in or about the mid-1950s, and publications such as "Professional Auditor's Bulletin No. 32 (7 Aug., 1954)" Hubbard began representing that his published, and unpublished, theories were both alternatively "scientific" and "religious." Such representations were and are false and fraudulent and comprise some of the facts giving rise to Plaintiff's various claims for relief set forth herein. "Scientology [claims to be] the science of knowing how to know answers. It is an organized system of Axioms and Processes which resolve the problems of existence." (A Manual of the Dissemination of Material, 1955). However, the processes are fraudulent and dangerous and the axioms, like other writings of Commodore Hubbard, are plagiarized.
9. The Scientology entities named as Defendants herein are part of the single entity or juggernaut of Scientology. The corporate Defendants herein are components of the larger conglomeration of approximately 150 shell corporations, "fronts" and other organizations which, in the aggregate, are also referred to as Scientology and/or the Scientology Enterprise.
10. Defendant Church of Scientology International ("CSI") is, and at all relevant times was, a California corporation with its principal office in the City of Los Angeles, County of Los Angeles, State of California. As recently as October 29, 1997, CSI was found by the California Superior Court of Los Angeles County to be one of the alter ego-control entities of Scientology. CSI is currently the official Mother Church of Scientology. However, CSI is not a church within the traditional meaning of the word. It is a mere corporate middle management entity masquerading as a Church for tax exempt purposes. CSI houses the Scientology unit called the Office of Special Affairs ("OSA"). OSA is Department 20 on the Scientology Organization Board, or Org Board, and was formerly known as the Guardian's Office ("GO"). It is responsible for handling all external threats to the Scientology enterprise. OSA is the Scientology Enterprise's CIA-style intelligence and dirty tricks bureau. Its staff and spies practice "TR-L", a secret training routine, a claimed trade secret and copyrighted practice, inter alia, that teaches Scientologists how to effectively LIE. They also tell "acceptable truths." The overwhelming majority of the revenues of CSI (in excess of $40 Million a year) are used to fund a litigation juggernaut of lawyers, paralegals and private investigators conducting intelligence, intimidation, covert operations (both legal and illegal) litigation blitzkriegs and wars of attrition that, among other things, are intended to silence and punish critics of Defendants and to conceal the criminal, fraudulent and other activities perpetrated upon the Plaintiff and others, and to further the expansion of Scientology, and its worldwide totalitarian political domination, by any means whether legal or illegal. In addition, CSI operates an 800 plus acre facility at Gilman Hot Springs near Hemet, California, located in the California high desert. This facility masquerades as CSI's Golden Era Film Production studio but in reality is also known to senior Scientology executives as "the Base," or "Gold," and is the location of one of Scientology's Rehabilitation Project Force "re-education" facilities which are described by various former Scientology victims as a "gulag" or "concentration camp" styled punishment camp where people have been held under armed guard for years and at which others have simply disappeared. Although most Scientologists do not know where Captain Miscavige lives, his primary office and residence are also located at "the Base." The Base has been described in sealed testimony as a heavily fortified and dangerous facility which houses large stocks of munitions, bombs, assault weapons, a high mountain lookout and bunkers intended to repel a Waco-styled ATF or FBI assault. The Scientology organization takes unusual measures to prevent or punish those who would fly over the Base and take aerial photographs. The Base is also the location of facilities and amenities that unlawfully inure to the benefit of certain Scientology celebrities (Exhibit "A" hereto).
11. Defendant Church of Spiritual Technology ("CST") is, and at all relevant times was, a California non-profit corporation with its principal place of business in the City of Los Angeles, County of Los Angeles, State of California. "CST has the power . . . to [take] over the religious trademarks and use of the Advanced Technology, thereby gaining direct control over all Scientology Organizations . . ." Church of Spiritual Technology v. United States, 26b CL Ct. 713 aff.991 F.2d (sic) (1992) Accordingly CST, has ultimate power over the entire vast domain of all Scientology-related entities and individuals and businesses owned by Scientologists. CST does business as the L. Ron Hubbard library with its primary business address at a rental mailbox located at Village Mail Corp., 419 Larchmont, Box 162, Los Angeles, California. CST's founders and special directors are Lymon Spurlock, Sherman Lenske, Meade Emory and Leon Misterek. Lyman Spurlock is the only Scientologist and is a CPA. The other co-founders are non-Scientologist tax attorneys. Indeed, Meade Emory is a former assistant to the Commissioner of the Internal Revenue Service. Through a complex series of assignments and agreements, commencing in 1982, CST, doing business as the L. Ron Hubbard library, now owns all copyrights to all works created by L. Ron Hubbard, plus all copyrights to "look-alike" works that are "based on or derived from" the works of L. Ron Hubbard, but are "by" the Church of Scientology and others. In addition to owning and licensing all such copyrights, it possesses the right to seize all Scientology trademarks and to seize all of Scientology's so-called advanced technology. CST is a "low profile" Scientology entity the incorporation and activities of which were not disclosed to Plaintiff.
12. Defendant Religious Technology Center ("RTC") is, and at all relevant times was, a California corporation with its principal office in the City of Los Angeles, County of Los Angeles, State of California. As recently as October 29, 1997, RTC was found by the California Superior Court of Los Angeles County to be one of the alter-ego control entities of Scientology. RTC is one of the corporations that controls the copyrights and trademarks pertaining to the works of L. Ron Hubbard and various others. Its function is to preserve the "purity" of Scientology by constantly examining and critiquing all other Scientology entities, and businesses owned by Scientologists, regarding their operations, including the delivery of supposedly religious service "technology" as well as management operations. This gives it de facto command control over every aspect of every Scientology corporation, entity, business owned by a Scientologist, and individual Scientologist without regard to the alleged separate management and structure of such entities.
13. Relief Defendants William J. Clinton, Samuel R. Berger, Madeleine K. Albright, Robert E. Rubin, William K. Daley, Charlene Barshefsky and Michael P. Dolan, elected or appointed members of the Executive Branch of the United States Federal Government, are sued herein as Relief Defendants, and are solely sued for the purpose of making them "Relief Defendants" in connection with certain of the unlawful and unconstitutional activities alleged, including but not limited to multiple violations of the Establishment Clause of the First Amendment to the United States Constitution alleged of the Scientology and Scientology affiliated Defendants and for the sole purposes of the Declaratory and Injunctive Relief requested herein in the Twenty-Ninth Cause of Action. Plaintiff seeks no damages or other compensation from any of the Relief Defendants or from the U.S. Federal Government. Plaintiff does not allege that the Relief Defendants necessarily know of the various reprehensible and unconstitutional conduct set forth herein at the time they engaged in the excessive entanglement of Church and State. However, now that the Relief Defendants are on notice of these matters they should do no less than to convene Department of Justice, IRS, Senate, and Congressional inquiries into the actions of Defendants who are now "state actors' by virtue of express compliance and collection provisions of the IRS Secret Closing Agreement.
14. Defendant Church of Scientology of California ("CSC") is, and at all relevant times was, a California corporation with its principal office in the City of Los Angeles, County of Los Angeles, State of California. Until 1982, CSC was the Mother Church of the Church of Scientology. Plaintiff is informed and believes and based thereon alleges that in 1982, as part of a fraudulent and criminal conspiracy led by Defendant Captain Miscavige, and known as Mission Corporate Category Sort-Out ("MCCS"), and in order to avoid the claims of creditors, such as judgment creditor Lawrence D. Wollersheim, and other litigants, and the payment of properly due taxes and government supervision, CSC transferred its assets to other Scientology corporations and entities for no consideration.
15. Defendant Sea Organization ("Sea Org"), is, and its alter-ego Sea Org Reserves, Ltd., and at all relevant times was, an unincorporated California-based entity or association housed in the various business offices of that state's corporate party Defendants herein, and is one of the alter-ego entities which control the Scientology enterprise throughout the world. The Sea Org is an elite fraternal para-military and totalitarian organization comprised of various Sea Org units existing within the formalized structures of Scientology. The Sea Org is, in reality, the heart of R.I.C.O. enterprise alleged herein. Upon information and belief, Plaintiff alleges that the formalized structures of Scientology are mere corporate shells and shams operating in concert and under the directions of the Sea Org The various Sea Org units are the actual Scientology organization. The Sea Org is governed by the Sea Org Board, maintains its own bank accounts, and maintains the Sea Org reserves. The Sea Org is "the absolute power center" of the whole "Scientology" enterprise said to be located worldwide, including 150 satellite or affiliated entities claimed to exist in the United States and listed in the Clinton Administration's 1993 IRS letter "conditionally approving Defendants' tax exempt status." Defendant Sea Org Captain Miscavige sits alone as "the absolute power center," controlling absolutely by whatever traditional/Hubbard/ Miscavige means are required to further Scientology's worldwide political and economic takeover, whether lawful or unlawful. The Sea Org Reserves were not reported to the IRS, as part of the 1993 Scientology-IRS Settlement Agreement, notwithstanding their source being the various Scientology Section 501(c)(3) tax-exempt entities and the Plaintiff's monies, time and trust as set forth herein. The Sea Org reserves or bank accounts are used to hold, hide, transfer and manipulate funds properly belonging to the Scientology enterprise and beneficially owned by its members and, in part, contributed to by the Plaintiff.
16. At all times mentioned herein, Defendant Captain David Miscavige ("Captain Miscavige") was domiciled in the State of California and at various times, held numerous `posts', and wore numerous `hats', within Scientology, including being a Commodore's Messenger, Mission Ops/Mission Corporate Category Sort-out ("MCCS"), an Executive of ASI, the Chairman of the Board of Directors of RTC, the Managing Agent of CST, the Managing Agent of RTC, the Managing Agent of CSI, the head of the Sea Org, the worldwide ecclesiastical head of Scientology, and the Supreme Commander of Scientology, including the Pacific Area Command ("PAC") and holds the pseudo naval rank of Captain within the Sea Org, into which is paid a large portion of Scientology's vast tax free net income and profits contributed to partially by Plaintiff. In actuality, Captain Miscavige, is the Church of Scientology's Captain Bligh. At various relevant times herein, Captain Miscavige had direct oral and written communications with Plaintiff, including communications relating to his completion of the New OT-VII and New OT-VIII course levels, and thus, Captain Miscavige has unique and percipient knowledge as to certain of the relevant matters herein. In 1993, in a 1933 Nuremberg-Nazi like rally, Captain Miscavige proclaimed Scientology's "War against the IRS" (the United States Internal Revenue Service) to be over, with a saving of taxes and penalties otherwise due the United States Government, State Governments and local taxing authorities in the approximate amount of one billion dollars minus the twelve million dollars paid to I.R.S. in the secret settlement (Exhibits "B", "C", and "D" hereto). As part of said conditional settlement and secret closing agreement, the Clinton Administration agreed to permit Captain Miscavige and certain of the other Scientology Defendants to monitor, supervise and compel their own "compliance", and that of all Scientologists, with the tax laws of these United States thereby constituting the Defendants "state actors" and agents of the I.R.S. At all material times Captain Miscavige has used the Scientology Enterprise to implement and enforce both Commodore Hubbard's irrevocable policies and his own daily orders.
17. Defendant Author Services, Inc. ("ASI") is, and at all relevant times was, a California corporation with its principal office in the City of Los Angeles, County of Los Angeles, State of California. ASI was the alter-ego of L. Ron Hubbard and subsequently ASI was the alter-ego of Defendants Pat Broeker and Captain Miscavige. ASI is the corporate successor to the Scientology division which, prior to Commodore Hubbard's death, allegedly in 1996, handled all of Hubbard's personal accounts including his Scientology income of $1 million per week in 1980 (a period of time in which he claimed to be virtually uncompensated for his "contributions" to Scientology) and which virtually controlled the financial policies of all Scientology organizations. As such, ASI had control of the finances of non-profit corporations within Scientology and continues to do so. ASI is an integral, if not key part of Scientology and, at all pertinent times, was, and continues to be, an active participant in the conspiracy herein alleged.
18. At all times mentioned herein, Plaintiff is informed and believes and thereon alleges that Defendants Author Family Trust, and the Estate of L. Ron Hubbard, are entities that are residents of the State of California and subject to the control of Defendant Norman Starkey.
19. At all times herein, Defendant Norman Starkey was and is a "junior" or subordinate of Miscavige and/or L. Ron Hubbard, and since January 24, 1986 has functioned under a various array of titles, including: Executor of the Estate of L. Ron Hubbard and Trustee of Authors Family Trust; Executor of the Estate of L. Ron Hubbard; Executor of the Will of L. Ron Hubbard, d.b.a. L. Ron Hubbard Library; Executor of the Will of L. Ron Hubbard; Trustee of Authors Family Trust - B; Trustee of the Estate of L. Ron Hubbard and Trustee of Authors Family Trust; Trustee of Authors Family Trust - B d.b.a. L. Ron Hubbard Library and Trustee of Authors Family Trust. Among other things, Norman F. Starkey has been a principal participant in the fraudulent and unlawful transfer of approximately 8,000 copyrighted titles, between the years 1982 through to the present, in violation of applicable law and the rights of third parties including Commodore Hubbard's wife and heirs.
20. Defendant Religious Research Foundation is incorporated in Liberia and has been utilized by Defendants to channel monies contributed by Plaintiff into non-church accounts controlled by Commodore Hubbard and his successors for their personal and unlawful inurement.
21. Defendant the Commodore's Messengers Org ("CMO") is comprised of a group of Sea Org members who operate, using monies partially provided by Plaintiff, to ensure that the orders and whims of Commodore Hubbard and his successor Captain Miscavige are complied with instantly.
22. Defendant World Institute of Scientology Enterprises ("WISE") is, and at all relevant times was, a California corporation with its principal office in the City of Los Angeles, County of Los Angeles, State of California.
23. Defendant World Institute of Scientology Enterprises International ("WISE Int.") is, and at all relevant times was, a California corporation with its principal office in the City of Los Angeles, County of Los Angeles, State of California. WISE is represented as being a secular association for Scientology members who wish to be licensed to use Scientology's technology in their businesses and to pay licensing fees of ten percent (10%) of their gross income to the Church of Scientology for so doing. In reality, through these licensing arrangements, and coerced membership of Scientologists, and the employment of other Scientologists as employees who also must pay fixed donations to the Church, WISE is a massive money making commercial enterprise that funnels large revenues "up lines" to the now tax exempt Church in the form of the 10% licensing fees from the businesses' profits and fixed donations from the businesses' owners and employees. At any time, an RTC Mission can enter, search and make seizures at WISE businesses. WISE has been engaged in major commercial frauds perpetrated, among other places, in Germany and is currently, along with Applied Scholastics, the principal vehicle for the expansion of Scientology through Eastern Europe. Through this vehicle, and its recruiting fronts such as Sterling Management Services and Hollander, WISE recruits Eastern European businessmen to become members of WISE and then Scientologists who, through auditing, reveal sensitive commercial and governmental confidential information that is then utilized by the Scientology enterprise to advance its anti-social, undemocratic and unlawful goals. The 1993 secret IRS closing agreement between the Clinton administration and Scientology required Scientology to dissolve WISE. However, the same Clinton administration and Scientology agreement permits Scientology to be the actual monitor of its own compliance with United States tax laws and thus WISE continues to conduct its activities, both lawful and unlawful. Although the Scientology enterprise described WISE as a secular fraternal business association it is, in reality, one of the ten major Scientology activity sectors represented on Scientology's governing Watchdog Committee and is so indicated on the internal Scientology enterprise command chart.
24. Defendant Majestic Cruise Lines, was a division of the Foundation Church of Scientology Flagship Service Organization, is and at all relevant times was, a foreign corporation with a place of business at 118 North Fort Harrison Avenue, Clearwater, Florida and which also transacted business within the City of Los Angeles, County of Los Angeles, State of California.
25. Defendant M.V. Freewinds is, and at all relevant times was, a foreign registered motor vessel owned and operated by Majestic Cruise Lines by and, on behalf of Defendants. The M.V. Freewinds generally operates from various Caribbean ports and in international waters. It is believed to be a vessel that does not comply with many applicable regulations concerning seaworthiness and properly qualified and experienced crews. Thus, activities on the ship are outside of the jurisdiction of the United States government. Large quantities of semi-automatic and military assault weapons are kept on board and are inspected from time to time by Mexican authorities and other regional governments. The M.V. Freewinds also houses those certain Scientologists of senior stature, and who have been engaged in activities, that require them to be removed from law enforcement or civil jurisdiction, and are either on the RPF or being held in armed protective custody in furtherance of various Scientology schemes to obstruct justice. Recently, it appears that the Defendants have engaged in a number of sham ownership and leasing transfers intended to obstruct justice and to safeguard the M.V. Freewinds from attachment and arrest in this litigation.
26. Defendant International Association of Scientologists ("IAS") is, and at all relevant times was, a corporation having its principal place of business in care of St. Hill Manor, East Grinstead, Sussex, England, but which also did business within the City of Los Angeles, County of Los Angeles, State of California.
27. Defendant Church of Scientology, Flag Service Organization ("FSO") is, and at all relevant times was, a Florida corporation with its principal office in the City of Clearwater, State of Florida, but which did business within the City of Los Angeles, County of Los Angeles, State of California. For example, FSO solicits heavily in California and conducts substantial business in California. At one point, FSO was a division of CSC; subsequently, as part of Captain Miscavige's MCCS, it was spun off as an individual corporation and its assets transferred, without consideration, to avoid credit-worthy litigants' claims such as those of judgment creditor Lawrence Wollersheim and plaintiff herein. FSO also maintains facilities, such as "The Hacienda", the Q.I. Hotel, and the Sand Castle Hotel, in Clearwater, Florida where other Scientology 'Rehabilitation Project Force', or gulag/ concentration camp-style facilities are located, and other facilities where armed, patrolling guards are clearly visible to Scientologists and others including Scientology school children.
28. Defendant Flagship Service Organization, aka FSSO, Freewinds Relay Office, is, and at all times was, a Florida corporation with its principal office in the City of Clearwater, Florida, but which does business within the City of Los Angeles, County of Los Angeles, State of California.
29. Defendant Building Management Services is a California non-profit religious corporation, with its principal offices in the City of Los Angeles, County of Los Angeles, State of California, which has used monies contributed by Plaintiff to purchase properties in which some of the conduct complained of herein has occurred. Building Management Services is a low profile corporation holding major Scientology-owned real estate, as part of "Mission Corporate Category Sort-out" and the plan to ensure that any judgment creditors of the Scientology enterprise are unable to effectively collect and satisfy upon such civil judgments.
30. Defendant Church of Scientology of Paris is, and at all relevant times was, a French corporation with its principal office in the City of Paris, France, but which does business within the City of Los Angeles, County of Los Angeles, State of California. Church of Scientology of Paris is one of the French Scientology corporations. In 1996, the former head of the French Scientology enterprise, Jean-Jacques Mazier, was convicted of fraud and second degree murder, along with 13 other Scientologists, in connection with the death of a French Scientologist who committed suicide after being unable to endure the Scientology enterprise's pressure for more money, more money and yet more money any longer.
31. Defendant Church of Scientology Celebrity Center International is, and at all relevant times was, a California corporation with its principal office in the City of Los Angeles, County of Los Angeles, State of California.
32. Defendant Church of Scientology Celebrity Center Paris is, and at all relevant times was, a French corporation with its principal place of business in Paris, France, but which does business within the City of Los Angeles, County of Los Angeles, State of California.
33. Defendant Mary Sue Hubbard ("MSH") is a resident of the City of Los Angeles, County of Los Angeles, State of California. Until his death, allegedly on January 24, 1986, Commodore L. Ron Hubbard exercised dominion and control over all Scientology corporations through, until 1981, the Guardian's Office ("GO") which organization was headed by his wife MSH. Upon information and belief, MSH has converted millions of dollars of Church of Scientology funds, partially contributed to by Plaintiff, she has fraudulently taken or "culled" information from "PC files" to be used for purposes of blackmail and extortion and made an agreement, under fraud, duress and undue influence, with Norman Starkey as Executor, to waive her rights to her community property share of the Estate of L. Ron Hubbard. Between the latter part of 1979 and mid-1980, MSH was one of the 11 highest officials of the GO who were convicted of a variety of serious crimes by the United States Government, some of which are described in a 286 page "Stipulation of Evidence filed in United States v. Mary Sue Hubbard, Crim. Case No. 78-401 (D.C.D.C. 1978) and executed by MSH. Said "Stipulation of Evidence" is a detailed stipulation of the operation of the G.O. (now O.S.A.) to destroy some of the enemies of Scientology, one of which was the United States Government itself. These crimes were discovered in the course of the largest-ever raids conducted by the F.B.I. and they constituted the most extensive clandestine infiltration of the United States Government ever known. In mid-1980, in a deceptive "putsch" or take-over, involving misrepresentations by Captain Miscavige to Commodore L. Ron Hubbard, Captain Miscavige removed MSH as the "Controller" of the Guardian's Office, and Captain Miscavige now has MSH under virtual house arrest in the Hollywood Hills of Los Angeles, California. Plaintiff is informed and believes that had Defendants not entered into the 263 page "Stipulation of Evidence" in United States v. Hubbard, 474 F.Supp. 64 (1979), with the predecessors of the various Relief Defendants named herein, then certain of the Relief Defendants, such as the Government of the United States of America, would have publicly revealed certain additional evidence of the following: Defendants' extensive infiltration of the United States Government, and through the United States' electronic monitoring of encrypted and/or coded foreign diplomatic communications, the recruiting of senior government officials into the Scientology "religion," the using the 'auditing' and/or "confessional" or "sec check" processes to obtain classified information regarding, inter alia; international currency and commodity price movements from certain recruited government officials, and Defendant's conduct of paid intelligence operations in the United States on behalf of foreign governments, and then employing said knowledge to the financial benefit of the Defendants and at the expense, cost and detriment of Plaintiff generally.
34. Defendant Pat Broeker is an individual whose current whereabouts are unknown to Plaintiff, but understood to be known to Defendant Captain Miscavige and his hired "investigator" , intimidator and enforcer, former LAPD officer Eugene Ingram, who himself is the subject of numerous arrest warrants in various of these United States and abroad, and many of the other individual Defendants herein. Until Commodore Hubbard's death, allegedly on January 24, 1986, Defendant Pat Broeker was in hiding with Commodore Hubbard and communicated Commodore Hubbard's orders to Captain Miscavige. At that time, Plaintiff is informed and believes that Pat Broeker and Captain Miscavige together improperly controlled approximately $150 million of Scientology Enterprise monies which included monies which were contributed by Plaintiff, or which were the product of his labor, without authority to do so. Defendant Pat Broeker was Commodore Hubbard's designated successor until Captain Miscavige engineered a "putsch" or take-over to remove him and to confine him at one of Defendants' RPFs' or concentration camps, in Riverside County, California before allowing him to disappear into monitored obscurity and non-contactability. Defendant Pat Broeker committed tortious and other wrongful acts against Plaintiff while domiciled here.
35. Defendant Anne Broeker is, and at all relevant times was, a California resident and admitted tortious and other acts against Plaintiff while domiciled here in California. She is currently believed to be residing, under armed guard, at Scientology's base at Gilman Hot Springs near Hemet, County of Riverside, State of California. Upon information and belief, Anne Broeker escaped from said Scientology base, described in the court sealed declaration of Andre Tabayoyan (which is available on the Internet) as being "heavily armed and dangerous" and was allegedly captured and kidnapped (by Lieutenant Rathbun using a plane owned by Defendant John Travolta, and is now allegedly being held against her will at said Scientology desert base which also accommodates the Rehabilitation Project Force ("RPF"), described by many former Scientologists as a form of "gulag" or "concentration camp." Until Commodore Hubbard's death, allegedly on January 24, 1986, Ann Broeker was in hiding with Commodore Hubbard and assisted Pat Broeker to communicate Commodore Hubbard's orders to Captain Miscavige.
36. Defendant Lyman Spurlock, is a subordinate of Captain Miscavige, who is currently in charge of all of Church of Scientology finances and assets throughout the world. Spurlock, together with Captain Miscavige and Starkey, wrongfully controls Scientology assets, comprising monies contributed by Plaintiff, through various Scientology corporate shells and corporate mazes. At various times since 1981, Spurlock has been "Director of Legal Affairs" for ASI and RTC and he directed and coordinated the creation of most of the Defendant corporations that took place within Scientology in 1981 and 1982. " Prior to 1981, Spurlock held numerous other high ranking positions within Scientology and he is a member of the Sea Org. Defendant Spurlock is also one of the four co-founders of Church of Spiritual Technology doing business as L. Ron Hubbard Library and which has ultimate power over the entire domain of all Scientology-related entities, individual side projects and businesses owned by individual Scientologists.
37. Defendant Terri Gamboa, is a resident of the State of Arizona but, at certain relevant times, was a California resident and subordinate of Miscavige in which capacity, she received orders and directions from DM and through ASI, exercised wrongful control and dominion over assets of Scientology which included monies contributed by Plaintiff. She committed tortious and other acts against Plaintiff while she was domiciled in California. She is now subject to intimidation, by Defendants, intended to keep her forever silent about the matters set forth herein.
38. Defendant Mark Fisher is a resident of the State of Arizona but, at relevant times, was a California resident and a subordinate or "junior" of Captain Miscavige in which capacity he received orders and directions from Captain Miscavige and participated in the wrongful control and dominion over assets of the Scientology enterprise comprised, in part, of monies contributed by Plaintiff. He committed tortious and other wrongful acts against the Plaintiff while domiciled here in California. He is now subject to intimidation, by Defendants, intended to keep him forever silent about the matters set forth herein.
39. Defendant Vicki Aznaran is a resident of the City of Dallas in the State of Texas but, at certain relevant times, was a corporate officer of RTC who exercised wrongful control and dominion over assets of Scientology comprised, in part, of monies contributed by Plaintiff. Subsequently, along with Jesse Prince, she was imprisoned under armed guard at one of the Scientology `gulags' located in the California desert. She is now subject to intimidation, and a "gag" agreement by Defendants, intended to keep her forever silent about the matters set forth herein. She committed tortious and wrongful acts against the Plaintiff while domiciled here in California.
40. Defendant Mark or "Marty" Rathbun is either a resident of the State of California and/or does business within the State of California and at all relevant times was a subordinate or "junior" of Captain Miscavige, exercising wrongful control and dominion over assets of Scientology partially comprised of contributions by Plaintiff and engaged in fraudulent conduct directed at Plaintiff. Currently, Defendant Rathbun holds the rank of Lieutenant in the Sea Org and occupies the post of Inspector General Religious Technology Center. In or about late 1993/early 1994, Defendant Rathbun "blew his post", left Scientology and was later "returned" and held captive at sea aboard the M.V. Freewinds while he was being re-educated and "rehabilitated".
41. Defendant Michael Rinder was formerly an Australian citizen and resident, who has at material times occupied the `Post' and worn the `Hat' of Commanding Officer, Office of Special Affairs (C.O. O.S.A.) As such he commands the litigation harassment, intimidation and intelligence gathering operations of the Scientology Enterprise. Defendant Rinder is now a resident of the State of California and conducts business in the City of Hollywood California. Defendant Rinder personally met with Plaintiff and had participated, with Scientology attorneys Elliot Abelson and William Drescher, in the perpetration of the various criminal and tortious conduct alleged herein. He has also participated in the suborning of perjury, and attempted obstruction of justice, from persons such as Vicki Azneran, Richard Azneran, R. Vaughn Young, Stacey Young, Andre Tabayoyan, Robert F. Lewis, Esq. and Garry Scarff.
42. Defendant Ray Mithoff is, and at all relevant times was, a resident of the State of California and a subordinate of LRH, MSH and Captain Miscavige and currently holds the rank of Commander in the Sea Org and the post of Senior Case Supervisor (C/S) International. At various times, notwithstanding his alleged former illicit hallucinogenic drug activity, he was RTC Inspector General Tech and participated in various of the frauds perpetrated upon Plaintiff. He is also believed to maintain a secret list of "mysterious" Scientology related deaths believed in some way, inter alia, to be connected to the unlawful practice of medicine using the E-meter.
43. Defendant Heber Jentzch is a resident of the City of Los Angeles, County of Los Angeles, State of California, a former actor and comic, and since 1983 has been the President of CSI. As President of CSI and as the principal public relations spokesperson for Scientology, he has participated in the various fraudulent representations perpetrated upon the Plaintiff. In November 1988, Rev. Jentzch was arrested in Spain and held in jail for 30 days on charges of fraud, forgery, kidnapping, coercion, failure to meet Social Security payments and illegal association. Rev. Jentzch fraudulently engineered his release upon $1 million bail and he is still awaiting trial. If convicted, he faces a possible sentence of sixty (60) years in a Spanish prison.
44. Defendant Danny Keogh is a resident of the State of Florida who has minimum contact with the State of California. He has participated in the various fraudulent representations and misconduct perpetrated upon the Plaintiff. Defendant Keogh is the former husband and reported current lover of Scientologist Lisa Marie Presley. Upon information and belief, Defendant Keogh and Lisa Marie Presley were divorced, "for the greater good of scientology" and "the greatest number of dynamics", so that she could try and recruit singer Michael Jackson into Scientology, and to that end Scientology operatives assisted in the "handling" of the various pedophilia investigations being conducted into Mr. Jackson at that time.
45. Defendant Jacqueline Van Der Linde (Govan) is a resident of the City of Clearwater, Florida, a field staff member of Defendants, and was at one time was a member of the Guardian's Office and at the orders of Commodore Hubbard and certain of the other Defendants herein participated in the instructions to Plaintiff to lie about the Scientology presence in, and intended takeover of, the City of Clearwater by masquerading as members of the United Churches of Florida as more fully described herein. She has "minimum contacts" with the State of California.
46. Defendant Mary Voegeding is the President of Flag Land Base at Clearwater, Florida and is a person who personally participated in the fraudulent and unlawful conduct perpetrated upon the Plaintiff. She has "minimum contact" with the State of California.
47. Defendant Alain Franck Rosenberg is the Executive Director of Celebrity Center Paris, one of the Defendants herein, who does business within the State of California and who participated in the perpetration of the various fraudulent and wrongful conduct Defendants perpetrated upon Plaintiff herein. He has both minimum contacts "with the State of California" and "national contacts" with these United States.
48. Defendant Guillaume Lesevre is the Executive Director of CSI (ED Int.) and in that capacity is the Executive Director of the Scientology Enterprise worldwide. The "post" or "hat" of ED Int was once held by Hubbard. As one of the most senior staff members of the Scientology Enterprise he has participated in the fraudulent, tortious and other wrongful conduct that Defendants have perpetrated upon the Plaintiff herein. Defendant Lesevre also holds the rank of Captain in the Sea Org. In addition, Defendant Lesevre and Plaintiff had personal and direct communication on the issue of resolving the injustice perpetrated upon him, as more fully described herein, and the restoration of the OT levels wrongfully stripped from Plaintiff after he had paid over $500,000 dollars to obtain those same OT levels. Thus, Defendant Lesevre has unique percipient knowledge of the matters complained of herein.
49. Defendant Sarit Rosenberg is the President of Celebrity Center Paris which does business among other places, in the City of Los Angeles, County of Los Angeles, State of California and who personally participated in some of the most egregious of the tortious and wrongful conduct perpetrated by Defendants upon Plaintiff. She has "minimum contacts" with the State of California and "national contacts" within these United States.
50. Defendant John Travolta ("Travolta"), at various relevant times herein, was a resident of the City of Los Angeles, County of Los Angeles, State of California. Furthermore, he has committed tortious acts against Plaintiff while domiciled in California. Defendant Travolta is a "celebrity member" of the Church of Scientology. He has also been a member of Scientology for a period of time similar to that of Plaintiff. Defendant Travolta has been a prolific, principal public spokesperson and recruiter for the Church of Scientology, owing fiduciary duties to his fellow Scientologists, making statements, now known to be material misrepresentations, which Plaintiff reasonably relied upon to his detriment. Said misrepresentations continued until the time Plaintiff ceased Scientology training and auditing. Defendant Travolta has also helped to lure young actors and actors through the Celebrity Center and into Scientology using the heavily Scientology staffed Beverly Hills Playhouse as a recruitment vehicle. Because Plaintiff had been lured into Scientology upon, among other things, the representation that Scientology counseling and courses would "handle" or cure his homosexuality or "ruin", Plaintiff relied, to his detriment, upon Defendant Travolta's public statements as a spokesperson for Defendants, endorsing Scientology and the practices of Defendants. More recently, as part of what has been called "Cult-Gate", Defendant Travolta has reportedly been responsible for subverting the President of the United States into intervening, through the United States' Secretary of State and the National Security Advisor, in the internal affairs of the Government of Germany and, through the United States' Department of Commerce and the United States' Trade Negotiator, in the internal affairs of the Government of Sweden by placing it on a 301 Watch List with associated threats of United States' Government's Trade Sanctions against the Government of Sweden for refusing to comply with Defendants' demands, and the Clinton Administration's Demands, concerning public availability of scriptures allegedly relating to their so-called religion. Indeed, Defendant Travolta has stated "I found Washington fascinating, like a puzzle. If you know it well enough, you can infiltrate and get things done. We got tons done."(emphasis added) Thus, Defendant Travolta has knowingly participated in the intentional violation of the Establishment Clause of the First Amendment to the United States Constitution, thus instigating the "excessive entanglement of church and state." Defendant Travolta has known of Scientology's "gulags" and "concentration camps, otherwise known as RPF's, through both personal observation and information received from a certain former Scientologist, but has deliberately chosen to turn a blind eye to their existence and to refrain from disclosing his knowledge to people such as Plaintiff who trusted and relied upon him as a principal spokesperson on behalf of the Defendants. Indeed, when the movie "Saturday Night Fever" was first released, he knowingly arranged for a hard to obtain copy of the movie to be shown to members of the Sea Org sentenced to armed confinement in the RPF, or "gulag" in Scientology's buildings in Hollywood, California. Defendant Travolta's public statements, "handling" and subsequent marriage were material statements Plaintiff reasonably relied upon, as Commodore Hubbard intended when he taught Defendants how to "use" celebrities such as Defendant Travolta, for the recruitment, brainwashing and retention of the Plaintiff and others.
51. Defendant Jane Kember was at material times a resident of the State of California, has conducted business in the State of California, and whose last known place of residence was 24 Tennyson Rise, East Grinstead Sussex, U.K. Defendant Kember was one of the senior Scientologists convicted of the largest ever criminal infiltration of the United States Government. She has requisite "minimum" and "national contacts".
52. Defendant Captain Mark Yaeger is a resident of the City of Los Angeles, County of Los Angeles, State of California and C.O. "CMO Int." (Commanding Officer, Commodore's Messenger Organization International) and has participated in the conspiracy and other wrongful conduct herein alleged, including but not limited to the June through October, 1993 telex traffic concerning Plaintiff.
53. Defendant Wendell Reynolds is a resident of the City of Los Angeles, County of Los Angeles, State of California. In 1982 Defendant Captain Miscavige appointed him Head of the International Finance Police of the Scientology Enterprise.
54. Defendant Kendrick L. Moxon ("Moxon") is a resident of the City of Los Angeles, County of Los Angeles, State of California and was a Deputy Guardian engaged (as an unindicted co-conspirator) in the vast Scientology criminal activities leading to the arrest and imprisonment of certain senior Scientologists in Washington, D.C. and elsewhere, for the largest ever known criminal infiltration of the United States Government, in which capacity he has been responsible for, or participated in, various of the criminal, fraudulent and unethical activities alleged herein and either directed at, or damaging to the Defendant. Moxon is employed within the Office of Special Affairs as an attorney although he has variously held himself out as an attorney with the law firms of Bowles & Moxon, Moxon & Bartilson and Moxon & Kobrin. The Office of Special Affairs, in addition to handling legal matters in accordance with Scientology policies of abusing the legal system, has, since the closing of the Guardians Office, controlled and directed many of Scientology's covert intelligence gathering and harassment operations. Defendant Moxon conceived the Bowles & Moxon Plan 100 to destroy IRS ? 501(c)(3) organization the "Cult Awareness Network", filed over 50 meritless lawsuites intended to and which did, bankrupt it completely, and directed and participated in various of the human rights violations, civil rights violations abuses and abuses of the legal and judicial system alleged herein.
55. Plaintiff is ignorant of the true names and capacities of Defendants, Does 1 through 10, and therefore sues said Defendants by fictitious names. Plaintiff will seek leave to amend this complaint when the true names of said Defendants have been ascertained. Plaintiff is informed and believes and on that basis alleges that each of the fictitious Defendants was in some way responsible for, participated in or contributed to the matters and things of which Plaintiff complains herein and, in some fashion, has legal responsibility therefore.
56. The designation of any Scientology entity, including Defendants herein, as a church and/or non-profit entity is a fraudulent sham. It is designed to exploit the protection of the First Amendment, to obtain tax exemptions and to prevent the regulation of Scientology "counselors" or "counseling techniques" by state regulatory agencies. The religious claims also serve Defendants' commercial public relations ("PR") purposes. Commodore Hubbard and his successors, including the Defendants herein, have profited and benefited from the income, perks and power of Scientology, and the labor and financial contributions of Plaintiff herein. The Scientology enterprise sells written materials and purported psychological counseling, Scientology services and Scientology auditing at a huge profit, and to its unjust enrichment, at the expense of Plaintiff. Accordingly, whenever the reference to Scientology as a religion and its entities as "churches" is made herein, it should not be construed as Plaintiff's acquiescence in those designations, but is rather used, on occasion, to aid in the clarification of the different entities involved in the fraud perpetrated by the Defendants herein, on behalf of the Scientology enterprise, upon the Plaintiff.
57. Defendants are part of an ongoing criminal enterprise, and criminal association in fact, referred to herein as the SCIENTOLOGY enterprise. The persons in control of this criminal enterprise are members of controlling groups such as the "Sea Org," the "Office for Special Affairs" ("OSA"), "Approval Lines" and "The Commodore's Messenger Org" ("CMO"). At all relevant times, the corporate Defendants, the unincorporated Defendants, the individual Defendants and the Sea Org have conducted and been engaged in the promulgation and sale of the writings and practices of L. Ron Hubbard and Scientology as a unified business enterprise.
58. The various corporate Defendants herein are co-conspirators subject to a unity of control. The separate alleged corporate structures were created as part of a scheme to avoid liability for the acts of the enterprise, including the avoidance of taxes, civil judgments and criminal penalties. Because of the unity of control, unity of personnel, overlapping boards of directors, overlapping executives, overlapping attorneys, including some from the nation's most prestigious law firms, commingling of assets, and commonality of business objectives, the attempt at separation of these corporations, and other entities, and all of Scientology's other corporations and entities, should be disregarded by the court. In particular, there exists, and at all times relevant hereto, has existed, such a unity of control and interest among the corporate Defendants, and the Sea Org, such that any individuality and separateness between each of them has ceased and each is the alter-ego or agent of the others in that, among other things:
(a) Each corporation is controlled, dominated, managed and operated by certain Managing Agents of Scientology (as hereinafter defined) with corporate individuality considered only for the sake of appearances;
(b) Each corporation or trust is a shell instrumentality and sham conduit through which said Managing Agents carry on their domination of Scientology and the related entities, including the named Defendants herein, and the business of developing, marketing and selling the ideas of L. Ron Hubbard and Scientology;
(c) The corporate formalities maintained by the corporations are mere fraudulent facades;
(d) There is a concealment and misrepresentation of the responsible management of each such entity;
(e) There is use of a corporate entity to procure staff or employees of other affiliated Org. corporations and Sea Org;
(f) Although the corporations nominally use separate counsel, all counsel are controlled and directed by the Managing Agents, and the retention of ostensibly separate counsel is merely one aspect of the fraud designed to create the appearance of independent corporate entities.
59. Adherence to the fiction of the separate existence of the Defendant corporations and of the Sea Org would permit an abuse of corporate privilege and would promote injustice in that, via the unified control, the assets of the corporate Defendants and Sea Org can be transferred at will and, thus, concealed from corporate debts, liabilities, government obligations and taxes and other obligations. Adherence to the fiction of the separate existence of the Defendant corporations and the Sea Org would also be inequitable because the Managing Agents and/or subdivisions of the Scientology enterprise can transfer personnel and control of documents from one entity to another, thus allowing the Defendants to avoid legitimate discovery and thereby to effect the continuing abuse of process, obstruction of justice, manipulation of the judicial system, improper and unlawful manipulation of the political system and of the government, and caused the unconstitutional and excessive entanglement of Church and State, including but not limited to numerous officials within the Clinton Administration, the President of the United States and his National Security Advisor Sandy Berger. Defendants have also subverted various and sundry other government officials, including but not limited to officials of the United States Internal Revenue Service, (`Scientology's Puzzling Journey From Tax Rebel to Tax Exempt'. Douglas Frantz, New York Times, Sunday, March 9, 1997), Exhibit "D", to the furtherance of their unlawful, criminal, fraudulent activities, and subversive totalitarian objectives.
60. In addition, Defendants have engaged in the furtherance of their criminal and fraudulent conspiracy to establish their totalitarian anti-democratic beliefs upon all persons within the world by recruiting and subverting the new Prime Minister of Russia, attempting to take over other governments such as those of former Rhodesia and certain Mediterranean Islands, and otherwise suborning every potential "terminal" capable of being used to further the anti-democratic, anti-social, criminal and fraudulent beliefs and activities of Defendants and all those associated with, or assisting them, such as "celebrity members" Tom Cruise and Nicole Kidman.
61. At all relevant times mentioned herein, each of the Defendants was the co-conspirator, "senior," "junior," partner, agent or employee of the other acting within the course and scope of that agency, employment or conspiracy and did the acts herein, or participated in some way in the acts alleged herein, pursuant to said relationship. Specifically, all named Defendants are the agents, partners, joint venturers and/or conspirators of each other Defendant and they should all be liable for the acts of the others.
62. Alternatively, at all times herein mentioned, each of the Defendants and/or their predecessors, affiliates, subsidiaries and related entities, and each of the Doe Defendants, was the agent, servant, employee, fellow member, associate and/or joint venturer or conspirator of each of the other remaining Defendants and was at all times acting within the purpose and scope of said agency, employment or joint venture, and acting with the express and/or implied knowledge or consent of the remaining Defendants, and each of them. The acts of each Defendant were approved and/or ratified by each other Defendant and, together, constitute a single course of conduct.
63. At all times mentioned herein, each and every Defendant was the authorized agent, servant and/or employee of each and every other Defendant and was acting within the scope of his/her authority as agents, servants and employees with the permission and consent of their co-Defendants. Reference to "Defendants" shall mean Defendants and each of them.
64. The Managing Agents of Scientology currently include Captain David Miscavige, Lieutenant Marty Rathbun and Norman Starkey, who operate through divisions known as the Sea Org, the "Watchdog Committee," and an elite organization of aides known as the "Commodore's Messengers" ("CMO"). Before his death in 1986, Commodore L. Ron Hubbard was also one of the Managing Agents and, at various times, so also have Defendants Pat Broeker, Mary Sue Hubbard, Terri Gamboa, Mark Fisher and Vicki Aznaran been Managing Agents of the Scientology enterprise.
65. Each of the individual, corporate and other entity Defendants, and Does 1 through 10, are or have been principal officers or controllers, or both, of all of Defendant corporations listed herein. There exists a unity of interest in ownership between the individual Defendants listed above and the corporate Defendants listed above. Any individuality and separateness between the individual Defendants and the corporate Defendants has ceased. The individual Defendants are alter-egos of the corporate Defendants and vice-versa, and the corporate Defendants are mere shells, instrumentalities and conduits through which the individual Defendants have transacted business with the Plaintiff to such an extent that the corporate entities do not exist. Adherence to the fiction of the existence of the corporate Defendants as entities distinct from the individual Defendants would work a fraud, promote injustice, or both.
66. The acts and conduct of Defendants, and each of them, as hereinafter set forth, are continuing and are part of a massive international conspiracy originated, agreed to, orchestrated and accomplished by Defendants, and each of them, to carry out the events and circumstances as herein alleged with a total disregard for the constitutional, civil, human and contractual rights of Plaintiff, to damage Plaintiff, and to cheat Plaintiff out of his money, property, services and information.
67. The acts complained of herein were variously authorized by Commodore L. Ron Hubbard, Pat Broeker, Captain Miscavige, and the other Defendants, prior to their occurrence or ratified after the fact by their representatives and/or the Defendants, and each of them, named herein.
68. The individual Defendants named herein have been variously subordinates or "juniors" of Commodore L. Ron Hubbard, Pat Broeker and Captain Miscavige and have assisted each of them, and others, in wrongfully controlling Church of Scientology assets, consisting at least in part of moneys contributed by Plaintiff, through various corporations such the corporate and associational Defendants herein.
69. The corporations named herein were formed, among other things, for the purpose of creating a corporate maze through which those in control of Scientology could and did channel church monies, and Plaintiff's monies, through individuals and entities such as Defendant Religious Research Foundation, into Commodore L. Ron Hubbard's personal accounts, and the accounts of others, and for the purpose of divesting the Church of Scientology of California, and other entities, of their assets as part of a criminal and fraudulent conspiracy directed at the Plaintiff, other members of the Church of Scientology, judgment creditors of various of the Churches of Scientology, (such as judgment creditor Lawrence D. Wollersheim, LASC Case No. C132027), the United States Government, other national governments, and their citizens generally.
THE PATTERN, INTER ALIA, OF RACKETEERING
70. Plaintiff is informed and believes and based thereon alleges as follows: The Church of Scientology was founded by L. Ron Hubbard ("Hubbard, Commodore Hubbard or LRH") in or about 1952 and after reportedly saying "I want to form a religion, that's where the real money is". Previously, L. Ron Hubbard's Dianetic training had been promoted as a secular form of mental health counseling. After scathing denunciation by the mental health profession, Commodore Hubbard declared "war on the psychs" and, through "front groups" such as Citizen's Commission on Human Rights '(C.C.H.R."), the Scientology war to destroy the mental health professional continues today. Between 1952 and January 1986, after an initial bankruptcy and shareholder disputes, the Scientology enterprise grew into many different corporations worldwide, all of which were totally dominated and controlled by Commodore L. Ron Hubbard and Defendant Pat Broeker, during said period and are now dominated and controlled by Defendant Captain Miscavige. Commodore Hubbard exercised complete dominion over said Scientology corporations by requiring the officers and directors of each corporation to sign a written resignation in advance of their assuming the position, and Commodore Hubbard held said resignations, removing officers and directors of the various corporations at will throughout the period from early 1952 until January 1986, Commodore Hubbard has been held to be the "alter ego" of the Church of Scientology in the case of Church of Scientology v. Armstrong, Los Angeles Superior Court No. C420 153; Defendant Captain Miscavige has been held to be the successor "alter ego" of the Church of Scientology in the case of California v. Wollersheim v. Church of Scientology, LASC Case No. C332027.
71. All of the Defendants herein named are part of the Scientology enterprise, which is in the business of promulgating and selling the system of practices and beliefs espoused by Commodore L. Ron Hubbard and the Church of Scientology. Scientology is a pseudo-scientific system which claims to be a "scientifically proven" study of the human mind and of society. In claiming to provide "scientifically proven" cures, Defendants have waived the right to make claims based upon "religous faith". In reality Scientology is a vast commercial enterprise with totalitarian political objectives to take over and rule, or "clear", the entire Planet Earth. Scientology is also promoted as, and masquerades as, a religious system that is marketed and sold through a series of expensive courses, and counseling sessions called "auditing". Numerous claims for the "curative" effects of Dianetics and Scientology were made by the science-fiction writer and the founder of Scientology, and Commodore L. Ron Hubbard, and have continued to be made by the Defendants who promote that system and exploit Commodore Hubbard's "scientifically proven" "technology." These claims include the promise that Scientology will improve one's IQ, will cure a person of his/her physical ailments (Hubbard claimed to have cured himself from blindness and war-time gunshot wounds to the back), will ensure one's physical health and well-being, will improve one's business and personal relationships, making it possible to achieve anything one wants to achieve and, among other things, will cure persons of their homosexuality, notwithstanding Defendants' alleged copyrights containing writings calling for the extermination of homosexuals; such persons also being labeled as covertly hostile or "1. 1" on Hubbard's Tone Scale, as set forth in The Science of Survival. Such persons are described in The Science of Survival, as being the most dangerously insane people in society, and likely to cause the most damage, and who should not have any civil rights of any kind, and who should be quarantined and exterminated, just as Nazi Germany did to the Jews and Stalin did to Soviet "dissidents", along with 2-1/2% of the rest of the world's population who are said to be truly dangerous and "anti-social" as described in An Introduction to Scientology Ethics when, Scientology "clears the planet" and achieves world-wide domination and control of all politicians, governments, business entities and individuals as set forth herein. The Defendants had intended to "Clear the Planet" by the year 2000 but this plan currently appears behind schedule.
72. The business of Scientology, and the RICO enterprise of Scientology as alleged herein, and of the Defendants herein, whether for profit or nominally not for profit, is the marketing and selling of Dianetics; Scientology: A World Religion Emerges In The Space Age; The Science of Survival; The Second Dynamic, (a compilation by Cass Warner Poole and published under Commodore Hubbard's name before being withdrawn from the market, which Plaintiff read and upon which he reasonably relied to his detriment), and other books, tapes and services associated with Hubbard and the Scientology enterprise (most of which plaintiff read and upon which he reasonably relied); profiting from such sales; promoting the personality of Commodore Hubbard and his successors such as Captain Miscavige; and marketing the extraordinarily expensive and never-ending Scientology courses and counseling sessions by using fraudulent guarantees of improved intelligence, health and well being. Through these counseling sessions, personal secrets are divulged in a confessional fashion, and mind control techniques, coercive manipulation and coercive indoctrination techniques, hypnotic techniques and brain-washing techniques, including those Commodore Hubbard refers to in his thesis on "Brain-Washing," are utilized, which entrap people, and specifically entrapped the Plaintiff herein, into spending even more money on more and never ending expensive courses, auditing and materials, all delivered according to Scientology's "Doctrine of Exchange" which inter alia, provides that the "fixed donation" of "money" must be exchanged before one can ever learn any of the so-called truths or tenets of Scientology as scientifically "discovered" by Commodore L. Ron Hubbard. In many instances, these counseling sessions persuade the victims of Scientology to desert their families, turning the victims into androids, commonly referred to as "Rondroids", for Scientology.
73. Persons who become Scientology androids by joining the staff of the many subordinate organizations of Scientology are subjected to further degradation for failure to meet goals set for them on courses, in clerical jobs, and doing menial tasks. The "religious" or non-religious nature of the tasks re irrelevant. Such degradation may include being ordered into the Rehabilitation Project Force (the "RPF"), or the RPF's RPF, which entails imprisonment at secret Scientology facilities, sleep deprivation, food deprivation, and physical punishment, e.g. , being thrown off ocean-going vessels blindfolded, being forced to run for 12 hours a day with only ten minute breaks, once per hour, wearing rags, eating leftover scraps, being spat at, being subjected to hours of intense interrogation called "security checking", being housed in facilities that have included chicken coops, and being forced to sign false affidavits accusing oneself of improper conduct while releasing Scientology from any liability for this type of alleged `voluntary' treatment and coercive indoctrination.
THE WINNING VALENCE
74. Among the most important and fundamental Scientology concepts which helps to explain the institutional abuse to which members, most particularly staff members, are routinely subjected is delineated by the underlying assumption that people are "acting out" the behavior of those they define as being the most successful (i.e. , the "winning valance.")
75. According to the Dianetics and Scientology Technical Dictionary "valence" and "winning valence" are defined as: somebody else's identity assumed by a person unknowingly. 2. the valence mechanism produces whole people . . . and will include habits and mannerisms which are . . . a result of the preclear's [person's] compulsion to copy certain people." Winning valence is defined as: "WINNING VALENCE. . . 2. in the case of the woman beaten by her husband, the engram [painful incident] contains just two valences. Who won? The husband. Therefore . . . the thing to do is be the winner, the husband, to talk like him, to say what he did. Hence, . . . she dramatizes [acts out] the winning valence." (emphasis in the original).
76. Accordingly, Plaintiff is informed and believes that Scientology's founder, Commodore Hubbard, was notorious for his astoundingly verbally abusive as well as physically punishing behavior. Following his power struggle with the Broekers, subsequent to Commodore Hubbard's death in 1986, Captain Miscavige emerged as the "winner" displaying precisely the same personality traits ("dramatizing the winning valence") as those exhibited by Commodore Hubbard himself. In fact, all of the highest level Scientology enterprise officials with whom Plaintiff has had contact have, amazingly, displayed this negative, abusive, punishing, ranting behavior, particularly when frustrated by their inability to get "stats" up or keep control over a situation.
77. Captain Miscavige, Heber Jentzsch, Kendrick Moxon, Michael Rinder, Sarit Rosenberg, et al., are all daily reflecting ("dramatizing") Commodore Hubbard's basic personality which has been described by Judge Paul Breckenridge of the Los Angeles Superior Court as "schizophrenic and paranoid".
78. The "schizophrenic and paranoid" Hubbard systematically abused the people around him. Those who have followed in his footsteps have been continuing the reign of abuse and terror, even if unconsciously, by "dramatizing" the "winning valence" which, in this case, was unfortunately Commodore Hubbard's. Even more shocking to normal people is the fact that Commodore Hubbard's aberrant personality is considered to be the ideal "beingness" within the Scientology organization. Each decision is predicated on the question "what would Ron do under the circumstances?" Each person loses his own personality by subsuming it to the fraudulent Hubbardian ideal in order to avoid being ostracized by his fellow Scientologists.
BLACKMAIL AND COERCION
79. Once a person who has fallen under this criminal enterprise scheme called Scientology, seeks to disassociate from it or rebels, Scientology uses the various techniques described herein as well as threat of disclosure of the privileged information in confessional files to blackmail and control such potential traitors. If such a person is not dissuaded from leaving Scientology, such treatment continues until the person is willing, under duress, to sign false affidavits accusing himself or herself of various crimes and improper acts and to sign a release of all claims against Scientology. Failure to execute such documents before resigning from Scientology or leaving its control renders a person "fair game" as defined and described herein.
80. The recruiters for the Scientology enterprise, and for the Defendants named herein, used methods of mind control, hypnosis, coercion and deception upon Plaintiff. Commodore Hubbard once declared that Scientology operates and achieves its objectives via brainwashing. This declaration is part of "Scientology
"Scripture," in which Hubbard stated in Hubbard Technical Bulletin (22 July, 1965): "We know more about psychiatry than psychiatrists. We can brain-wash faster than the Russians."
DEFENDANT'S CRIMINAL INFILTRATION OF THE U.S. GOVERNMENT
81. Plaintiff is informed and believes and based thereon alleges as follows: Commodore L. Ron Hubbard also exercised complete dominion and control over all Scientology corporations through an organization called the "Guardian's Office," which organization was headed by Commodore Hubbard's wife, Mary Sue Hubbard, and which organization between 1966 and early 1981, was constituted the management organization, totally controlling all Church of Scientology funds and property; and that between the later part of 1979 and mid-1980, the eleven highest officials of the Guardian's Office, including Defendants Mary Sue Hubbard and Jane Kember (but not the unindicted conspirator Kendrick L. Moxon, Esq. of the Washington D.C. and California State Bars) were convicted of a variety of sedition and other crimes by the United States Government, which resulted in the incarceration of said individuals.
82. Plaintiff is informed and believes and based thereon alleges as follows: On or about March 1980, Commodore L. Ron Hubbard left the premises of the Church of Scientology in Hemet, California, and vanished; at the time Commodore Hubbard disappeared, there were pending Grand Juries in New York and elsewhere investigating alleged criminal activities by Commodore L. Ron Hubbard, Mary Sue Hubbard and the Guardian's Office. Commodore L. Ron Hubbard had previously been convicted of criminal fraud in California (1948) and in France (1973); also in the mid 1979's early 1980's, numerous and various individuals commenced dozens of lawsuits against Commodore L. Ron Commodore Hubbard and the Church of Scientology, alleging a variety of torts committed against them. In connection with Defendants' response, George T. Kattar was convicted of criminal conduct (U.S. v. Kattar, 840 F.2d 118 (1st Cir. 1988)). These lawsuits included Van Shaick v. Church of Scientology of California, Inc. , 535 F.Supp. 1125 (1982); Christofferson v. Church of Scientology, 57 Ore. 203, 644 P.2d 577 (1982); Allard v. Church of Scientology, 58 Cal.App.3d 439 (1976); Wollersheim v. Church of Scientology, 212 Cal.App.3d 872 (1989); Church of Scientology v. Armstrong, 232 Cal.App.3d 1060 (1991). Plaintiff's monies were used in connection with the defense of these lawsuits but Defendants concealed the details from Plaintiff. Had Plaintiff known the details of such lawsuits then he would have ended his exploitation by Defendants at that time.
83. As a result of the conviction and incarceration of the eleven highest members of the Church of Scientology, including Defendants MSH and Kember, and the disappearance of Commodore L. Ron Hubbard into hiding, between approximately early 1981 and until Commodore Hubbard's death, allegedly on January 26, 1986, there was continuous conflict and dispute over the management and control of monies and property of the Church of Scientology which comprised in part, monies, time and trust contributed by Plaintiff. Plaintiff alleges that the Defendants are currently controlling secret bank accounts around the world (including in Luxembourg and Switzerland), property and exercising dominion and control over various assets, which include monies contributed by Plaintiff and the product of his trust and labor as alleged throughout herein, without possessing the requisite corporate authority to do so, in violation of the charters of the various corporations, and in violation of applicable state, federal and other national law. Defendants acquired and have maintained control of said assets, by fraudulent acts and by criminal acts, perpetrated upon Plaintiff, as hereinafter set forth.
84. During the periods he was in seclusion, Commodore Hubbard would exercise his power by issuing a directive called 'Weekly Analysis' or by written directives authenticated by an asterisk meaning the author was Commodore Hubbard." Captain Miscavige would bring such directives to a regular weekly meeting of a small cadre of top Scientology individuals who would then adopt Commodore Hubbard's plans as their own and discuss plans to accomplish Commodore Hubbard's directives.
DEFENDANT'S CRIMINAL AND FRAUDULENT EIGHTIES
85. Plaintiff is informed and believes and based thereon alleges as follows: In approximately March 1980, upon the disappearance of Commodore L. Ron Hubbard, the assets and property of the Church of Scientology were not under the control of any Scientology corporation or its officers or directors. Although each Scientology corporation had a charter, a Board of Directors and officers, said charter, Board of Directors, and officers had no actual authority or control of any nature or description. In 1966, when Commodore Hubbard "purportedly" resigned his position as "Executive Director International" of all Churches of Scientology throughout the world, which was then the highest Scientology executive management post, he simultaneously created the "Guardian's Office," now OSA, as Department 20 on the Scientology Org. Board, and designated his wife, Mary Sue Hubbard, as "Controller" of all Scientology organizations throughout the world and over the Guardian's Office. Between 1966 and early 1981, Commodore L. Ron Hubbard, Mary Sue Hubbard, and the Guardian's Office exercised total control over all Church assets, bank accounts, property and trademarks including monies contributed by Plaintiff and the product of his trust and labor.
86. Plaintiff is informed and believes and based thereon alleges as follows: Prior to 1973, and continuing to the present, both before and after the indictment and conviction of Mary Sue Hubbard and other high-level Scientology officials (such as Jane Kember), Captain Miscavige, Pat Broeker, Anne Broeker, Norman Starkey, Vicki Aznaran, Terri Gamboa, Mark Fisher, Lyman Spurlock, gradually began to assume complete dominion and control over all Scientology assets and property throughout the world, although they received no corporate authority to do so. In early 1981, Commodore Hubbard, even though he held no official position in any Scientology corporation, allegedly authorized Captain Miscavige to take control of Church assets to the detriment of his designated successor Pat Broeker and with the assistance of monies and labor contributed by Plaintiff. At the same time, Commodore Hubbard appointed William Franks as "Executive Director International" and ordered Franks to become a signatory on certain bank accounts in Luxembourg containing approximately $150 million dollars. Although Franks held the highest official management position in the Church of Scientology, he received his daily orders from Captain Miscavige upon the representation that Commodore Hubbard was issuing daily dispatches containing orders which must be followed in the distribution of assets of the Church of Scientology. Franks himself was required to sign an undated letter of resignation as "Executive Director International."
87. Plaintiff is informed and believes and based thereon alleges as follows: Between June 1981 and December 1981, conflict developed between Captain Miscavige and Franks over control of Church bank accounts. In November 1981, Captain Miscavige had Franks physically locked up in a room for several weeks while Captain Miscavige assumed control of all Scientology corporate bank accounts, and other assets. Throughout this period, Captain Miscavige was represented by attorneys Sherman Lenske and John Peterson (now deceased) and Captain Miscavige paid them millions of dollars in attorneys' fees in connection with their assistance in achieving this unauthorized and illegal takeover, all without the knowledge and consent of Plaintiff but, at least in part, with monies that were the product of Plaintiff's financial contributions, trust and labor.
88. Plaintiff is informed and believes and based thereon alleges as follows: In early 1982, Sherman D. Lenske, Esq., on behalf of Defendants Captain Miscavige, Spurlock, Starkey and several others, incorporated ASI which became the corporate entity controlling Church of Scientology bank accounts and assets in violation of applicable law, rules, and regulations, and the representations of certain Defendants. In fact, the officers and directors of ASI, which included Captain Miscavige, Starkey and Spurlock, possessed no authority from any Church of Scientology corporation to control its bank accounts and property.
89. Plaintiff is informed and believes and based thereon alleges as follows: At the same time as the incorporation of ASI, Sherman D. Lenske, Esq. on behalf of Captain Miscavige, incorporated Religious Technology Center ("RTC") and Church of Spiritual Technology ("CST"). Between January 1982 and June 1982, Lenske represented ASI, RTC, CST, Commodore L. Ron Hubbard and various Scientology corporations in the fraudulent transfer of monies, property and assets from various Scientology corporations to Commodore L. Ron Hubbard personally. Lenske also prepared wills and inter vivos trusts on behalf of Commodore Hubbard, which were witnessed, among others, by Defendants Pat Broeker and Anne Broeker. Starkey (and therefore RTC became the trustee of said Trust(s). The assets of various Scientology corporations, which were taken over by ASI in 1982, included bank accounts, personal property, real property and current income of the various corporations and property which lawfully belonged to MSH and the children of LRH, but which Captain Miscavige procured with use of monies and labor fraudulently obtained from Plaintiff. The Charters of these corporations were violated in the take-over by ASI. The Charters of each corporation provided that the corporate affairs were to be regulated and managed by the Board of Directors of said corporations when, in fact, the various Boards of Directors of each Scientology corporation were illegally controlled by ASI, Captain Miscavige, Broeker and Commodore Hubbard. Prior to his death, allegedly in 1986, Commodore Hubbard personally managed, directed or through the other managing agents (such as Captain David Miscavige) and their subordinates, the entire Scientology enterprise, including the Defendants herein. His management design was to ignore the formal structure of the many entities and to operate them as his personal domain and he did so, and Defendant Captain Miscavige continues to do so today. The goal of this management technique was, first and foremost, to optimize Commodore Hubbard's personal income in violation of the prohibition against personal inurement imposed on institutions seeking charitable, religious, tax-exempt status under IRC Section 501(c)(3). This facade of independent corporations was created to make the structure of the Church more defensible to criminal investigation and civil liability while still being managed by the same unity of control under the direct command of Commodore Hubbard and his several top aides including Captain Miscavige, Starkey, Epstein and Spurlock.
90. This management maze also permits money to be shifted among entities to hide their profit-making reality and to avoid taxes and judgments. Furthermore, insofar as actual control of the entities was/is in the hands of individuals who are not within the formal corporate structure, the conduct of affairs of each of the several entities could be kept secretive.
91. In or about October of 1982, certain of the Defendants, including Captain Miscavige conspired to steal millions of dollars from lower level Scientology missions or franchises and persons including the Plaintiff. This was done by requiring the franchise ("Mission") holders to attend a meeting ("the Mission Holders Meeting") in Clearwater, Florida, and San Francisco, California where they were intimidated, "overwhelmed" and defrauded, and utilizing the monies, forced donations, trust and labor of Plaintiff in the process but without the knowledge and consent of the Plaintiff. Among other things, 600 persons were declared "Suppressive Persons" and their assets and livelihoods confiscated by Defendants to the direct detriment and damage of Plaintiff's own art clientele.
92. Plaintiff is informed and believes and based thereon alleges as follows: On or about October 17, 1982, after establishing ASI, CST and RTC, and obtaining control over all Scientology corporate bank accounts throughout the world, and using monies, trust and labor contributed by Plaintiff, and procured through the fraud of Defendants upon Plaintiff, Captain Miscavige held a meeting of approximately 400 franchise holders operating Scientology corporations in San Francisco, California at which he appeared dressed in a naval full-dress uniform, as did other of the Defendants. At said meeting, Captain Miscavige informed the various franchise holders of the fact that he and the RTC had taken over all Scientology organizations. Captain Miscavige stated as follows:
All the Scientology/Dianetics trademarks were previously owned by L. Ron Hubbard. L. Ron Hubbard has donated the vast majority of those to a corporation which some of you have probably never heard of, by the name of Religious Technology Center.
93. Captain Miscavige further stated that every franchise holder would be required to sign a new agreement with RTC and that if they did not do so, they would be "fined or thrown into [a Scientology] jail." Individuals who objected to the RTC and ASI take-over of the assets were literally locked into rooms and interrogated with a crude lie detector called an E-Meter and were either forced to sign the new agreements or removed from their positions and deprived of their business, property and possessions. For example, certain persons expressed disapproval and an unwillingness to take part in the conspiracy and they were summarily ordered to the RPF "Running Program" in, among other places, the State of California's high desert, for 120 days - all with the benefit and use of Plaintiff's monies and labor. This was a forced program which involved the victim running around an orange telephone pole in the middle of the desert. For example, former RTC "boss", Defendant Vicki Aznaran, has testified that she was forced to literally run from 7:00 a.m. until 9:30 p.m. daily and was confined under armed guard. Vicki Aznaran and other victims were allowed only 30 minutes for lunch and for dinner. She finally escaped down a riverbed. Similarly, former "senior management" Scientologist, Jesse Prince, escaped with the help of local Indians, after years of being imprisoned at this high security, "re-education" gulag, from which countless persons have literally disappeared (Exhibit "E").
94. In or about 1982, at a public event attended by Plaintiff at the Flag Land Base in Clearwater, Florida, Captain Miscavige proudly proclaimed that he was working with Scientology's attorneys, as "Mission Ops" (meaning he was in charge or "i/c"), on a program known as "Mission Corporate Category Sort-Out" (or "MCCS") to reorganize the entire corporate structure of the Scientology enterprise with the specific intention that any further litigation against Defendants by enemies of Scientology, would be certain to either fail, be overwhelmingly and prohibitively expensive and, even if successful, would thwart satisfaction of any judgment entered against the Scientology enterprise.
95. Plaintiff is informed and believes and based thereon alleges as follows: Between March 1982 and November 1982, Commodore Hubbard, Pat Broeker, Captain Miscavige, Spurlock and others through ASI illegally transferred over 30 million dollars of funds belonging to the Church of Scientology, and in part contributed by Plaintiff's monies, trust and labor, to bank accounts of ASI and Commodore Hubbard in Liechtenstein and Luxembourg. These funds were transferred based on overly false or exaggerated billings by ASI to the Church of Scientology and contrary to representations made to Plaintiff in publications such as "What do your donations buy?"
96. Plaintiff is informed and believes and based thereon alleges as follows: Between November 1982 and the present, the Church of Scientology has paid millions of dollars, in part comprised of Plaintiff's monies, trust and labor, in attorneys' fees to various lawyers, who were instructed to engage in criminal, fraudulent and unethical conduct (e.g. , Church of Scientology v. Commissioner of Internal Revenue, 86 U.S. Tax Ct. Rptr. 381 (1984); U.S. v. Katter, 840 F.2d 118 (1st Cir. 1988); Church of Scientology v. Wollersheim, 42 Cal.App.4th 628 (1996)), at the expense of Plaintiff's monetary, trust and labor contributions to Defendants, without the requisite authority of the officers and directors of the Church of Scientology corporations. These attorneys' fees, and investigator's fees have been used as a money-laundering scheme to pay covert operatives, private investigators, and other costs in connection with a scheme to harass, intimidate, coerce and destroy all opposition to the Defendants as set forth below.
97. Plaintiff is informed and believes and based thereon alleges as follows: Between January 1982 and the present, Captain Miscavige and ASI, and certain others of the allegedly conspiring
Defendants herein, have illegally expended the following sums for unlawful purposes.
(a) In April 1982, Captain Miscavige ordered the payment of $250,000. 00, from funds unknowingly and/or unwittingly contributed to by Plaintiff's monies and labor, to "set up": and frame United States District Judge Ben Krentzman in a scheme to compromise him with drugs and prostitutes.
(b) In April-June 1982, Captain Miscavige and ASI ordered the payment of thousands of dollars from funds unknowingly and/or unwittingly contributed to by Plaintiff's monies and labor, to Attorney Dan Warren in Daytona, Florida to "pay off" State Circuit Judge James Durden who was then sitting as Justice on a Scientology case.
(c) In March 1983, Captain Miscavige, Lenske, Peterson and ASI ordered the payment of in excess of one million dollars to "set up" and frame Attorney Michael Flynn of Boston, Massachusetts, in an alleged attempt to forge a two-million dollar check of L. Ron Commodore Hubbard. Millions of dollars, from funds unknowingly and/or unwittingly contributed to by Plaintiff's monies and labor, were paid to John Peterson (deceased) and Eugene Ingram, a private investigator, to perpetrate the above described illegal scheme (U.S. v. Kattar, 840 F.2d 118 (1st Cir. 1988)).
(d) In 1986, Captain Miscavige instituted the fraudulent sale of so-called "Special Properties", some quite erotic, to mask approx. $50,000,000. 00 of alleged charitable Church money that had been lost on bad business oil well investments. The "Special Properties", program enabled Captain Miscavige to sell the many hundreds of pages of blank paper with L. Ron Commodore Hubbard's signature on a similar place on each page. Upon information and belief, Captain Miscavige had used this large supply of signed blank pages to create fraudulent transfers, trust and testamentary instruments purportedly executed by the fugitive Commodore Hubbard, which Captain Miscavige then notarized despite the obvious conflict of interest. Contrary to applicable law, Captain Miscavige has never deposited those notary logs with the State of California and has refused to produce them in discovery in cases such as RTC v. Erlich, RTC v. Lerma, RTC v. FactNet, RTC v. Ward and RTC v. Henson.
(e) In the late 1980's continuing through to today, Defendants have engaged in numerous fraudulent credit card, bank loan, family loan and student loan schemes, and financial frauds, including one called "the Amex Cycle". The proceeds of this massive continuing financial fraud are used to finance the activities of the Scientology enterprise by means of purchaser through "fixed donations" for publications produced by persons being paid approximately $50. 00 per week. This scheme is enhanced by the use of outside `F.S.M.'s", or "Registrars", who are paid huge commissions to "reg" people into making such "fixed [tax free] donations" to the criminal Scientology enterprise.
98. Plaintiff is informed and believes and based thereon alleges as follows: Between 1972 and 1982, from funds unknowingly and/or unwittingly contributed to by Plaintiff's monies, trust and labor, Defendants conspired together to defraud the Church of Scientology of in excess of 100 million dollars. This conspiracy was accomplished by the following overt acts:
(a) Commodore L. Ron Hubbard and Mary Sue Hubbard created a Liberian Corporation called Religious Research Foundation (RRF) with numbered bank accounts in Liechtenstein and to which, and for which, Defendants' extorted monies from Plaintiff. These bank accounts and RRF were dominated and controlled by Commodore L. Ron Hubbard.
(b) Between 1972 and 1982 in excess of 100 million dollars belonging to the Church of Scientology was illegally and secretly diverted into the RRF bank accounts, including monies contributed by Plaintiff, by Commodore L. Ron Hubbard for his personal use and under his control.
(c) RRF provided no goods or services to Plaintiff, and had no legitimate corporate existence other than being a depository of funds illegally obtained, partially from Plaintiff, and fraudulently controlled by Commodore Hubbard.
(d) Between 1980 and 1984 false and fraudulent back-dated invoices were created to transfer RRF funds directly into L. Ron Commodore Hubbard's bank accounts and to the financial detriment of Plaintiff. Plaintiff does not know the amount of money diverted totally to Hubbard's bank accounts but believes it to be in excess of 30 million dollars.
(e) The aforesaid funds illegally diverted were then within the estate of L. Ron Hubbard, where they were in the possession, custody and control of Norman Starkey. These funds were illegally seized and stolen by Captain Miscavige and other of the Defendants in a fraud perpetrated upon, inter alia, the Plaintiff, the Hubbard family heirs and the U.S. Internal Revenue Service. The current whereabouts of the aforesaid funds is unknown to Plaintiff but believed to be known to Captain Miscavige, Starkey, Spurlock, Rathbun, Moxon and the other Defendants herein.
99. For many years, Scientology has been embroiled in litigation. One of its written policies is to use litigation to "overwhelm," "harass" and wear down perceived enemies and would-be commercial competitors . According to Scientology dogma and religious scripture, "the purpose of a lawsuit is to harass, not win on the merits." Another Scientology directive is to "always attack, never defend." Such litigation is intended to eliminate, harass and intimidate witnesses, and to obstruct justice, and is funded by illegally and fraudulently obtained funds from Plaintiff among others. Defendants' engage in this massive over-litigation and abuse of the legal system in violation of their express contrary representations to the IRS, and in breach of their fraudulent settlement with the IRS which has deprived the United States taxpayers of over one billion dollars in tax revenues otherwise due and payable by Defendants to the IRS in the year 1993(http:\www.lermanet2.com/cos/taxanalysts/secretagreement.txt).
DEFENDANTS'S FRAUDULENT COPYRIGHTS
100. As part of a pattern of racketeering activity, Scientology has fraudulently procured copyright registrations, trademarks and service marks. In some instances, abandoned and unenforceable trademarks or service marks were given the color of right, legitimacy and law by thousands of fraudulent or false submissions made by Scientology to the United States Patent and Trademark office. Scientology has additionally procured copyrights, fraudulently by the use of the mails, by submitting false statements to the United States Copyright office.
101. Beginning in or about 1983, and continuing through the present, Scientology has used those fraudulently procured trademark registrations, "trade secrets" and copyrights, constituting "misuse of copyright" to extort large sums of money from Plaintiff, and to establish a fraudulent religious monopoly, all under the guise and misrepresentation of those monies being a "fixed donation" to a legitimate, law abiding and peaceful religion co-existing with other religions, which Plaintiff later learned it is demonstrably not.
102. Defendants have used and continue to use the fraudulentally obtained copyrights to consolidate their position of power and to monopolize and eliminate any "religious"/new age/self-improvement course competition in interstate commerce. Defendants have used threats of violence against Plaintiff to extort money under the color of right and law conferred by alleged ownership of the copyrights, and claimed "trade secrets", which they claim should be tax free.
103. Revenue generated by Scientology's false representations is utilized to pay for the advertising of products, including books, which were published and distributed by Defendants ASI and BPI, conceded for-profit corporations, to Plaintiff.
104. Defendants have used and continue to use, and "misuse," the fraudulently-obtained copyrights in breach of their express representations to the Plaintiff that they were recruiting him into a peaceful, law-abiding, bona fide, legitimate religion in the traditional and usual understanding of the word and concept of religion. Defendants have also used threats of violence to extort money under the color of right conferred by alleged ownership of the copyrights, trade secrets and other intellectual property, all without the knowledge or consent of the Plaintiff to whom Defendants owed contractual and fiduciary duties to expend the product of his monies, trust, time and labor in accordance with the Defendants' express and implied representation to Plaintiff which Defendants thereby breached. On July 21, 1998, the Wall Street Journal (p. A11), in its editorial column ("Review & Outlook"), wrote that Scientology had caused a Federal judge to "turn copyright law on its head" by claiming that "you can criticize the texts of a public religion . . . but a secret religion is immune."
105. Revenue generated by Defendants' false representations, and material non-disclosures was utilized to pay for the advertising of products, including books, which were/are published and distributed by Defendant ASI and Bridge Publications, once conceded for-profit corporations, and now used to further the fraudulent conduct that Defendants directed at Plaintiff and the peoples of the United States generally.
106. Revenue generated by Scientology's pattern of racketeering, which is generally non-taxable income following the Clinton Administration's sudden 1993 reversal of the contrary position taken by all U.S. Administrations since 1954 and consistently upheld by the nation's highest courts, is also used to finance covert "intelligence officers" (such as Scott Mayer, Garry Scarff and Frank Oliver) investigators (such as Eugene Ingram, John Gaw, Barry Silver, and Hank Batterton, and lawyers such as Earl Cooley; Sherman Lenskie; Harold Heller; Elliot Abelson; William Drescher; Howard Wietzman; Jack Quinn; Arnold & Porter; Williams & Connally; David Chodos; Kendrick L. Moxon; Samuel D. Rosen and Barbara Reeves of Paul, Hastings, Janofsky & Walker) who implement Scientology's policy of using litigation and investigation to harass, defame, intimidate and destroy and which have been so used upon Plaintiff.
DEFENDANTS' ABUSE AND OBSTRUCT JUSTICE
107. Revenue generated by Defendants' pattern of racketeering, using monies, time, trust and labor obtained from Plaintiff, is generally not declared as taxable income, and is also used to finance covert intelligence operatives, `investigators' and lawyers who implement Defendants' express and anti-social anti-democratic policies, but which they failed to timely disclose to Plaintiff, of using litigation, intelligence, and investigation to harass, defame, intimidate and destroy critics of Defendants. These funds, generated by a pattern of racketeering against Plaintiff, are also used in an attempt to bring undue influence upon public officials, including Presidents, cabinet members, ambassadors, judges and law enforcement personnel, thereby corrupting or attempting to corrupt the judicial, political, executive and legislative processes to the detriment and prejudice of Plaintiff. For example, during mid-June 1998, certain Defendants and their representatives were on the M.V. Freewinds and told the assembled OT VIII's that the Church of Scientology needed lots of money to ensure that German government officials, antagonistic to Scientology, were voted out of office. Vast sums of money are also expended on Washington lobbyists in blatant defiance of the applicable statutes outlawing such extensive political lobbying by I.R.S. ? 501(c)(3) religous entities.
108. Revenue generated by Scientology's pattern of racketeering, which is generally non-taxable income, is further used to acquire interest in legitimate businesses, real property and "choses in action", which in turn are used to further the illegal pattern of racketeering activities complained of herein and which have been directed at Plaintiff. Further, Scientology's illegally derived funds from these investments are used for the purposes of depriving various persons, including Plaintiff and Scientology's perceived enemies, of their property, free will and peace of mind.
109. For example, and by way of example only, although still part of the Racketeering activity alleged herein, in or about late 1986, attorney Michael Flynn agreed to settle simultaneously the litigation then pending between dozens of his clients, himself and Defendants. This settlement was executed at the insistence of Defendants with attorney Flynn's numerous client-Plaintiffs. The secret group settlement agreements purport to require that those involved surrender all Scientology documents, not speak about their experiences with Defendants, not voluntarily provide testimony against Scientology, and not make themselves amenable to service of subpoenas so that other litigants might obtain their testimony by lawful process. Moreover, numerous adverse witnesses received financial compensation from Defendants in order "to obtain their silence" and general unavailability in any Defendant related litigation. Other plaintiffs, such as Harry ("Scott") Mayer, were deliberately deceived regarding the settlement because Defendants knew that Scott Mayer, once Hubbard's Fleet Captain, could not be silenced because he was then an undercover paralegal for the IRS which was engaged in its own many thousands of lawsuits between it and Defendants. Subsequently, shortly after Scientology located Scott Mayer in Laguna, California, his car mysteriously exploded in a fire ball. All of this was done by Plaintiff's church, using his time, labor, trust and monies but without his knowledge or consent in breach of Defendants' various representations to Plaintiff and Defendants' fiduciary relationship to the Plaintiff.
110. Defendants' settlement agreements are part of a wider pattern and practice of obstructing justice and removing evidence and legal services from others, such as Plaintiff, who have been attacked or damaged by Defendants. Further, money used to fund such settlements comes from the pattern of racketeering activity underlying the settlements themselves using Plaintiff's time, money, labor and trust, and perpetuated by the removal of evidence and witnesses that would otherwise be readily available to Plaintiff in this litigation. The problem is exacerbated by certain additional facts, such as the circumstance that people within Defendants' enterprise will not come forward to give evidence potentially adverse to Defendants; especially given the secretive and widely acknowledged harassive and vengeful nature of Scientology. Former Scientologists are generally the best source of truthful evidence on the acts and wrongs perpetrated by Defendants. However, the end result of binding insiders to a strict code of silence and silencing escapees with harassment, intimidation, hush money and gag orders, is that Defendants are able to perpetrate a continuing pattern of the illegal racketeering activity with moneys, in part, that were fraudulently obtained from Plaintiff, and which is now directed at Plaintiff and the People of these United States generally via a conspiracy that obstructs justice, intimidates witnesses and both wittingly and unwittingly entangles the new Prime Minister of Russia, the President of the United States, the National Security Advisor to the President of the United States, the Secretary of State of the United States, the United States Department of the Treasury, the Department of Commerce, and the United States Special Trade Representative, the present and most recent past two Commissioners of the United State Internal Revenue Service and various U.S. Senators and Congressmen to use United States tax, foreign and trade policy to advance the so-called religious agenda of Defendants in violation of applicable Establishment Clause provisions of the Constitution of the United States and to make the Scientology criminal enterprise tax collections and tax monitors, thus constituting the Church of Scientology a "state actor" for the purpose of various applicable laws.
111. Defendants do not play by the same set of rules as the societies in which they operate. This is not simply a question of arguably protected religious beliefs, but rather a matter of criminal and tortious conduct and practice being fraudulently and criminally concealed with the cloak of religiosity. In other words, a veneer of good and sugary sweetness cloaks and conceals a vast evil enterprise and empire. In some circumstances, the activities and practices of Defendants conflict with the criminal and civil laws. In such situations, Defendants condone the breaking of law if done for the "greater good" of Scientology. This perverse code is consistent with some of the outrageous, illegal conduct alleged herein. Further, the Scientology system itself has certain controls that facilitate the use of the illegal activity and obstruction of justice with relatively little fear of having to pay the appropriate consequences in either civil or criminal courts. Two of these controls are the policy of treating enemies as "fair game" and the policy of severely punishing Plaintiff and other members who do not do as they are told or who express any doubt or disagreement with the orders and activities of Defendants.
DEFENDANTS' CONCENTRATION CAMPS ON U.S. SOIL
112. Since in or about the early 1970s, and without Plaintiff's knowledge or consent, in breach of express representations made to him, and with the use of Plaintiff's time, monies, labor and trust, Defendants have operated forced ("gulags" or "concentration camps") labor facilities in the California desert, the City of Los Angeles, the City of Clearwater, Florida, on the M.V. Freewinds, in Copenhagen, Denmark and St. Hill, England known alternately as the "Rehabilitation Project Force" (the "RPF"). Scientology fraudulently claims that the RPF is a voluntary experience and that RPF'ers so attest in writing. On the contrary, RPF'ers are either assigned or reassigned to the RPF's RPF where conditions and treatment are so harsh and brutal that persons "volunteer" for the less degrading and dehumanizing RPF. Sea Org members of Scientology may be ordered incarcerated in the RPF for any perceived failure to demonstrate a "correct" attitude toward Defendants. Staff members, including children, confined in this forced labor camp, at the expense of Plaintiff's monies, time, trust and labor, are required to perform long hours of rigorous, physical and hard labor; are forced to subsist on a substandard diet; are deprived of sufficient sleep and are forced to undergo long hours of interrogation and "re-education." Some of the monies Defendants fraudulently obtained from Plaintiff have been used to fund these concentration camps and from which numerous people have disappeared never to be heard of again by their families and friends. All this was done by Defendants without Plaintiff's knowledge or consent and in breach of representations expressly and impliedly made to him and material non-disclosures not made to him. Defendant Scientology staff members who are suspected of serving as parties, witnesses or informants in litigation, or anticipated litigation, against Scientology are also subject to incarceration in the RPF and the RPF's RPF. This activity also plays its role in obstructing justice and generating revenues for the racketeering enterprise operated by Defendants herein. This is but one method of coercion used to silence potential witnesses and obtain unquestioned obedience to orders, even though orders may involve such things as destroying subpoenaed documents or committing perjury. Defendants failed to disclose these matters to Plaintiff either when they recruited him or when they demanded financial contributions from him, which he would not have made had he known the true and undisclosed facts.
DEFENDANTS, PAUL, HASTINGS, JANOFSKY & WALKER AND OTHER LAW FIRMS CONDUCT HUBBARD'S POLICIES AND PRACTICES OF ABUSIVE LITIGATION AND ABUSE OF THE U.S. LEGAL SYSTEM
113. In or about 1981, and contrary to express and implied representations and material non-disclosures as between Plaintiff and Defendants, Defendants initiated a plan to blackmail Judge Krentzman, a Florida federal judge then hearing a Scientology-related action. Thereafter, Dick Bast, a private investigator employed by Defendants, secured a yacht and attempted to lure the targeted judge on board in order to film him under compromising circumstances. The judge declined Bast's invitation and the operation was unsuccessful. In fact, Defendants' declared "war on judges" became the subject of a well known magazine article, the America Lawyer Magazine ("Scientology's War Against the Judges").
114. At times herein material, it has been the pattern and practice of Defendants to hide, "cull", destroy or alter unfavorable documents, resulting in, among other things, the obstruction of justice. One tactic used by certain of the Defendants herein, is to pass documentation or information among the numerous purported separate entities within Scientology, or the lawyers and law firms working for Defendants and their dangerous criminal cult (obviously without the knowledge of those firm's other clients) such as Samuel D. Rosen and Barbara Reeves of Paul, Hastings, Janofsky & Walker, John ("Jack") Quinn of Arnold & Porter, Gerry Feffer of Williams & Connally and others, and other Scientology organizations, and then deny that the responding corporation had care, custody or control of the documents in question. Documents hidden or destroyed include documents that under the laws of discovery should have been disclosed or produced in civil litigation. The failure to produce these documents is a violation of applicable international, federal and state law and any concurrent verifications were false and unlawful. This illegal activity and flagrant violation of applicable rules of legal ethics, is part of a racketeering pattern that promotes the abuse of process, frivolous sanctions motions, discovery obstruction, massive over-lowering, huge legal fees, the subornation of perjury, the suppression of truth and the generation and retention of tax-free dollars derived from illegal activities that reach into the unwitting offices of the President of the United States and the new Prime Minister of Russia.
115. Indeed, witnesses have testified to their belief that Samuel D. Rosen, Barbara Reeves and the Paul, Hastings, Janofsky & Walker law firm have totally sold out and prostituted their professional ethics and standards. Indeed, mimicking the language of his client the Church of Scientology, Scientology attorney Rosen, of the large national Paul, Hastings law firm, has openly referred to litigation opponents as "the enemy" to whom "nothing is given" by the Paul Hastings law firm and "no professional courtesy" extended. Defendants did not disclose to Plaintiff their pattern and practice of using "church" monies, in part contributed by him, to hire lawyers such as Samuel D. Rosen, Barbara Reeves and the Paul, Hastings, Janofsky & Walker law firm to engage in such blatant and brutal legal thuggery and intentional abusive, unethical, unprofessional, and criminal conduct.
116. Plaintiff alleges that in or about late 1979 and early 1980, Defendants initiated another massive document destruction program designed to eliminate all written documentary evidence concerning Hubbard's control over Scientology business affairs, finances and criminal activities. This operation was conducted, among other places, at Scientology's business locations in Gilman Hot Springs, near Hemet, California and Clearwater, Florida. A primary reason for this activity was to thwart any IRS and FBI investigations or prosecutions. All this has been done in breach of the express and implied representations and material non-disclosures, made by Defendants to Plaintiff.
"OPERATION SNOW WHITE"
117. Between, in or about 1969 and in or about 1993 (at least), Defendants were engaged in a vast criminal conspiracy against the United States Internal Revenue Service ("IRS"). All this was done in breach of the express and implied representations and material non-disclosures, made by Defendants to Plaintiff. In the 1970's, in the pursuit of this conspiracy, and as part of a secret "project" Defendants labeled "Operation Snow White" which, continues today Defendants burglarized the IRS and numerous other U.S. Government offices, stole government documents and obstructed IRS agents who attempted to audit Defendants' records. In essence, Defendants engaged in what was described by the United States Department of Justice as the largest ever known covert and criminal infiltration of the United States' government. Consequently, in or about 1981, at least nine high-ranking Scientologists, including Defendants Mary Sue Hubbard and Jane Kember, were charged and convicted, and sentenced to terms of improvement in criminal proceedings in connection with this extensive criminal conduct.
DEFENDANTS' WAR AGAINST THE IRS IS OVER
118. Notwithstanding said felony criminal convictions, Defendants' criminal conduct against the IRS continued, and the FBI, at the very least, through the end of 1993 when Captain Miscavige declared that "the War against the IRS is over" as part of a live satellite event and Nuremberg Nazi-style rally that Plaintiff watched at the Flag Land Base in Clearwater, Florida. At this "rally", Captain Miscavige presented meritorious conduct awards to lawyers such as Defendant Moxon. Subsequently, and at a different event, Captain Miscavige showed Plaintiff a large white three to four inch thick ring binder which he claimed was the full agreement between Scientology and IRS which had been successfully negotiated and that it was specifically designed so that no future "suppressive person" (an enemy of Scientology) could ever dismantle it. Furthermore, the IRS/Scientology Secret Closing Agreement (http://lermanet2.com/cos/tax analysists/secretagreement.txt) (scientology-kills.net/articles/cosmirs.txt) delegated Scientology tax compliance monitoring and supervision to a Scientology committee "chaired" by Captain Miscavige that excessively entangling church and state in violation of the Establishment Clause set forth in the First Amendment to the United States Constituion and constituting Captain Miscavige and the corporations and churches of Scientology "state actors" for the purpose of Defendants' violaations of Plaintiffs civil rights. Earlier and in June, 1993, Plaintiff was on board the M.V. Freewinds where Captain Miscavige described the on-going plan for the Scientology enterprise to obtain IRS tax exempt status. He described an impromptu meeting between himself and other Sea Org staff members holding "posts" in the Senior Management Stratus of the Scientology enterprise, and top officials of the IRS in Washington, D.C., Captain Miscavige declined to give full details of this meeting but alluded to the IRS whistle-blower conspiracy of the Scientology Enterprise wherein media advertisements had been paid for with funds contributed to by Plaintiff. Defendants' contributions to the Scientology enterprise were also used to facilitate the filing of several thousand lawsuits against the IRS and the employment of private investigators to "dig up dirt" on senior IRS officials in order to "persuade" and/or blackmail those officials, between 1990 and 1993, to grant the Scientology enterprise tax exempt status notwithstanding various appellate court decisions supporting the refusal of the IRS to grant the Scientology enterprise tax-exempt status until that point in time. ("Scientology's Puzzling Journey from Tax Rebel to Tax Exempt", Douglas Frantz, New York Times, Sunday, March 9, 1997).
DEFENDANTS DESTROY MORE EVIDENCE AND THREATEN MORE WITNESSES
119. In or about 1984 and 1985, several staff members of Defendant ASI were ordered to locate and did locate and destroy written communications between Commodore Hubbard and ASI. The information was sought by the IRS as a part of its continuing investigation of Scientology's financial affairs and operating procedures. This conduct was done in breach of the express and implied representations and material non-disclosures made by Defendants to Plaintiff.
120. In or about 1985, Defendants received information that the IRS planned to execute search warrants for Defendants' Los Angeles, California headquarters complex. In response, Defendants ordered the immediate destruction of computer-stored information, including documentation that tended to evidence Commodore Hubbard's and Captain Miscavige's control over Defendants' business affairs and finances.
121. Defendants' destruction of and tampering with evidence and witnesses goes way beyond the hiding of documents and includes the use of violence and/or threats of violence on witnesses or potential witnesses. For example, in or about 1985, and with Plaintiffs' money and trust, Defendants ordered groups of Defendant-organized Klu Kux Klan styled vigilantes, called "The Minutemen," to physically attack certain perceived "enemies" of Defendants, including individuals who were cooperating with the U.S. government as prospective witnesses. One such vigilante was dispatched to physically attack former Scientologist Bent Corydon, author of a book entitled L. Ron Hubbard, Messiah or Madman? Other critics, journalists such as Richard Behar and Mark Ebner, newspapers such as the Los Angeles Times and government witnesses, such as Michael Meisner and David Mayo, have been subjected to harassment and/or other wrongful conduct. Between 1995 and 1998, such obstruction of justice and suborning of perjury also extended to Paul Baressi(John Travolta's former homosexual lover of five years standuing), Gerry Scarff, Andre Tabayoyan, Vaughn and Stacy Young and others. This illegal conduct was done in breach of the express and implied representations and material non-disclosures made by Defendants to Plaintiff and to the I.R.S.
122. At times herein material, Defendants embarked upon a campaign to suppress Mr. Corydon's book, Mr. John Atak's book (A Piece of Blue Sky; Scientology, Dianetics and L. Ron Hubbard Exposed) and books by others, or failing that, to launch fraudulent and malicious campaigns against them and others such as: Paulette Cooper (The Scandal of Scientology); George Marko (Scientology: The New Religion); Cyril Vosper (The Mind Benders); Robert Kaufman (Inside Scientology) and Stewart Lamont (Religion Inc. - The Church of Scientology), that were calculated to financially destroy these persons, and others, and make an example out of them. Defendants determined to do battle with these and other authors, and other members of the news media, including the abusive use of litigation and "Fair Game", to assure that they would not profit from their work exposing Scientology, and to deter others from engaging in criticizing or exposing Scientology in the media or in published works. Defendants' "Fair Game" Policies and Practices in this regard involve the Defendant's documented policy and practice of putting the "heads of critics upon a pike".
123. At times herein material and continuing through to at least 1998, Defendants continued their campaign of harassing their critics, and those who are potential witnesses for Plaintiff and others. This conduct was done in breach of the express and implied representations and material non-disclosures made by Defendants to Plaintiff, and to the IRS.
124. The above-described acts demonstrate a pattern of illegal racketeering activity on the part of the criminal enterprise referred to herein as Defendants. Plaintiff does not represent that the above-described acts are exhaustive and will add to the list during the litigation described within. Plaintiff has reason to believe that Defendants have committed other predicate acts, almost too numerous to list without overburdening the filing facilities of this Federal Judicial District, and that Defendants' pattern of racketeering activity has continued to date and will continue in the future.
DEFENDANTS' "QUICKIE" SCIENTOLOGY MINISTERS COURSE
125. Although the Scientology enterprise makes much of the standards applied to the training and ordination of its ministers this is nothing but a travesty and sham. In their publication Scientology: A World Religion Emerges In The Space Age, they tell the "wog" (non-Scientology) world that:
The ecclesiastical standards set by the Church are uniformly high. Ministerial standards include: possession of a Validated Certificate in the Scientology pastoral counseling procedures; a thorough knowledge of, and examination on, The Church Creed, comparative religion, the Gospel according to Saint John, and all Church practices and ceremonies, and a demonstrated record of high moral character and ethical conduct.
126. Although doing all of this purported study sounds impressive to the outsider, what the Scientology enterprise has continuously failed to disclose is that the Minister's Course is a "quickie", rarely taking more than from a day or two to a week or two to complete. When Plaintiff took said Minister's Course in 1976, because there was nothing of a genuinely religious nature to study within the doctrines of the Scientology organization, there was a great deal of emphasis places on the study of other religions. Additionally, the Scientology organization has never been forthcoming about the fact that one of the primary end products of the "Minister's Course" is a Scientologist who, while working for the Scientology organization, is able to receive tax benefits (in the United States) designed to lighten the tax burden on actual, bona fide ministers whose duties to their congregations and parishioners often inhibit their ability to make an adequate living. Furthermore, the claims of "a demonstrated record of high moral character and ethical conduct" could not be further from the truth. Ordination and its maintenance are incumbent only upon necessity, convenience, and appearance and not upon any "demonstrated record high moral character and ethical conduct." People were ordained to procure United States visas and people lost their ordinations when it appeared that their activities might embarrass the Scientology enterprise. The ostensible "demonstrated record of high moral character and ethical conduct" was merely a subterfuge designed to convince the "wogs" that the Scientology enterprise was similar to actual churches with which they were familiar: During his coercive mental indoctrination by Defendants, Plaintiff learned that it is not.
127. Having people who are able to claim that they are ministers, a term which has strong emotional connotations for most people who hear it, furthers the Scientology enterprise's goals of appearing to be a conventional religion for the purpose of fraudulently maintaining its IRS Section 501(c)(3) status and for the purpose of fraudulently exploiting and circumventing the United States' government's immigration and naturalization procedures through misrepresentation to and through the intimidation of the United States' Immigration and Naturalization Service (INS) and its officials while aiding in the recruitment of new members for the Scientology enterprise.
128. In 1976 Plaintiff was ordered to become a minister solely for the purpose of obtaining a Visa so that he could study Scientology courses in the United States at the Scientology organization's Flag Land Base in Clearwater, Florida. The Scientology organization's infamous Guardian's Office fraudulently prepared Plaintiff's paperwork by "back dating" his admission to the ministry so that he would appear to fall within INS guidelines as, with the erroneous dates in place, he would appear to have been a minister for a full three years prior to his INS application instead of for the very short time which was the actual fact. In addition, the Guardian's Office recruited Plaintiff, under extreme duress and threat of his being denied further Scientology services, to participate in a covert intimidation operation against the INS.
129. Said Guardian's Office ordered Plaintiff to intimidate the INS official in Tampa, Florida, with whom he had an interview concerning his visa by having him take a tape recorder to his interview, place it on the table, and inform the INS official who was conducting the interview that Plaintiff would be taping the proceedings. The ostensible reason for this was a capture the INS's "abuse" of both Plaintiff and procedure on tape for the purpose of possibly threatened future legal action against the INS, much as was later to transpire between the Scientology organization and the United States Internal Revenue Service (IRS). The INS official was clearly intimidated and was unable to competently complete the interview with Plaintiff regarding his visa, thus allowing the fraudulently manufactured Minister's Course Certificate to be accepted on face value without being exposed to appropriate and proper inquiry.
130. Plaintiff was grievously humiliated at having conspired with the Guardian's Office to defraud the INS and intimidate its official, yet Plaintiff so feared reprisals from said Guardian's Office in the form of the denials of future services, shunning and disconnection by fellow members etc. that he was incapable of refusing their orders.
131. Only upon the completion of the New OT VIII, many years and many hundreds of thousands of dollars later, is Plaintiff fully disabused of the notion that Scientology is a religion with a tolerance for its parishioners' other religious beliefs as it fraudulently continues to purport.
DEFENDANTS RECRUIT PLAINTIFF INTO THEIR CRIMINAL ENTERPRISE
132. From the period in or about the Fall of 1973, and as acknowledged by Defendants in a May 2, 1998 communication to Plaintiff as an "O.T. Ambassador", Plaintiff has been, was and still remains a member of the Church of Scientology (hereinafter "Church") and the International Scientologists ("IAS"). Plaintiff was indoctrinated into the Church in Paris, France. Active recruitment techniques involved written examinations and assignment to "communications" courses for which Plaintiff paid good and adequate consideration.
133. Beginning in or about the Fall of 1973, and continuing through to the present day (as indicated by a May 2, 1998 Western Union Mailgram) Plaintiff became involved with one or more of the Scientology entities operated by Defendants herein and others. In the Fall of 1973, Plaintiff began taking courses in "auditing" through the Scientology organization at Rue de Londres, Paris, France, where Scientologist staff member, Colette Byasson, used Hubbard's dissemination procedure on Plaintiff to "find his ruin," which Defendants have consistently identified as his homosexual orientation, considered by Defendants to be a curable "preference", and to use that "ruin" to induce Plaintiff to pay for Scientology services administered by Defendants. Commodore Hubbard wrote that "what you are looking for is the thing that is ruining the person's life . . . the one dynamic is pulling down all the rest of his dynamics." "Guide to Dissemination", p. 17 (HCO PL 15 Dec. 1979).
134. The Scientology enterprise, through its agents, were expressly reassuring Plaintiff that Scientology was the total answer to all of Plaintiff's personal problems that were "ruining" his life, including his homosexuality which Plaintiff was then having difficulty accepting, and through their representations and material non-disclosures, Defendants induced Plaintiff to utterly commit to the Scientology enterprise and the writings and teachings of Commodore Hubbard and his adherents as a real way out of his perceived suffering and a guaranteed "Bridge to Total Freedom" and resulting "immortality". Contrary to these representations, Scientology and the writings and teachings of Hubbard and his adherents, Defendants did not solve the major personal "ruin" that Plaintiff had described to Defendants, nor cure his homosexuality, notwithstanding 25 years of avid dedication, the expenditure of over half a million dollars in actual fixed donations of money, the participation in innumerable hours of auditing, processing and training in exclusively Scientology techniques, the expenditure of skill and labor in the employ of the Scientology enterprise, and his eventual ascent to becoming one of the approximately 1,200 elite Scientologists who had undergone the entire range of auditing from "raw public" through to Operating Thetan Level Eight ("New OT VIII"). Although Defendants and their agents represented to Plaintiff that participating in, and paying for, their courses would enable him to attain "Total Freedom" he learned by late 1997 that the number of persons having attained "Total Freedom" from the years 1950 to 1997 was in reality zero. Moreover, Defendants' misrepresented to Plaintiff that their scriptural training and auditing would permit him to "exteriorize" and thus enable him, whenever he wished, to leave his body, travel to wherever he wished and then return to his body. Defendants' breached their express and implied representations, and material non-disclosures, to Plaintiff in that his payment of over half a million dollars to Defendants, and his following of their representations in this regard never enabled him to be "at cause" over "matter, energy, space and time" ("MEST") and to exteriorize out of his body in this or any other manner.
135. Initially, Plaintiff was told that Scientology was a peaceful, law abiding organization and church that co-existed with other faiths, the adherents of which could concurrently practice Scientology and their other faiths without inconsistency, prejudice or detriment in any manner. Subsequently, Plaintiff learned that these claims were manifestly untrue. As Plaintiff became more and more involved with Scientology entities he was further indoctrinated into the claims and practices of Scientology. This was part of a fraudulent scheme to exert total control over Plaintiff and over his mind morals and money.
136. At times herein material, express and various threats were made by various of Defendants' agents and representatives, including threats by telephone, wherein it was made known to Plaintiff that if he rebelled against the control asserted over him and his business by Defendants, he would run the risk that agents of various Defendants herein would orchestrate the exposure of the confidential and embarrassing information that Defendants had amassed upon the Plaintiff. Subsequently, Plaintiff has learned that this is the means the Church of Scientology coerces numbers gay celebrity members to remain in the Scientology "closet". Upon information and belief, Plaintiff alleges that this coercion has extended to both John Travolta and Tom Cruise.
137. Whilst on staff at the Scientology organization in Paris, France ("The Paris Org."), Defendants would frequently order Plaintiff to work into the late night or early morning, and for extended periods of time, without proper and adequate sleep and proper nourishment. The resulting combination of fatigue, stress and reliance upon Defendants as his only perceived support group made Plaintiff increasingly susceptible to coercive indoctrination and influence, particularly as a result of the use of a new lexicon with words being defined differently from the commonly accepted definitions. These words include "ethics" and "crime".
138. Whilst on staff at the Paris Org, and while still naive as to the motives and methods of the Defendants, Plaintiff was offered "free" auditing or counseling. In Scientology, this process involves being questioned while a primitive lie-detector type device called an "E-Meter" measures galvanic skin response. Defendants call this hokey device a religious artifact. Before engaging in this auditing activity, Plaintiff was assured that this entire process was strictly confidential and that any information he disclosed in the auditing (or confessional) process would not be used against him or be otherwise disclosed. Instead it would be stored in his Scientology "folders" or files. During the course of his association with Defendants, Plaintiff had occasion to discover that contrary to these promises, Defendants would routinely search, or "cull" auditing files to find auditing/process (confessional) information which could be used to "push buttons" or extort and/or blackmail parishioners and/or staff who the church hierarchy viewed as "getting out of line", "off lines" or no longer wishing to take part in conspiracies and criminal, fraudulent, tortious, seditious and other unlawful and unethical conduct that Defendants carry on under the guise of religion, and because of the totalitarian compartmentalized structure (or closed society) of Defendants' enterprise, is intentionally concealed on a "need to know only" basis from parishioners such as Plaintiff.
139. Based upon such representations and assurances of absolute secrecy, Plaintiff engaged in various auditing sessions on the E-Meter. During these sessions Plaintiff revealed his most private thoughts, secrets, concerns and embarrassing information to the Defendants. Defendants even audited Plaintiff on the Johannesburg or "Joberg" Questionnaire through which Defendants interrogated Plaintiff with personally intrusive questions and Defendants, unlike legitimate religions, recorded this "confidential" information for future use against Plaintiff and, if necessary for the "greater good of Scientology", to extort and/or blackmail him with it. The purported purpose of such auditing was to improve Plaintiff's mental outlook and functioning. In fact, as alleged above, Defendants had ulterior motives, such as obtaining highly confidential or personal information that might be later used, and was so-used, against Plaintiff to blackmail him to submit to Defendants' fraudulent and criminal agenda.
140. In or about 1975, Scientology entered into a renewable written Employment Agreement with Defendant whereby Plaintiff would be paid an unspecified "allowance," bonus, and room and board in exchange for an unspecified number of hours to be worked each day and week for Defendants. As a matter of policy, Plaintiff later learned that his allowance amounted to approximately $30. 00 per week and that working hours were 9:00 a.m. to 12:00 midnight, daily, with one day's leave every two weeks. Even "privileges" such as the day off ("liberty") were subject to being removed ("libs cancelled") by Defendants as they saw fit and as they determined his "ethics condition" to be.
DEFENDANTS BRAINWASH PLAINTIFF
141. From the outset, and during the course of his quarter century involvement with the so-called, and fraudulently called, Church of Scientology, Defendants intentionally subjected Plaintiff to psychological trauma, hypnosis, duress, coercive indoctrination, mind control, and undue influence for the purposes of forcing the total submission of Plaintiff to the control of Defendants by means of intimidation and threats. The purpose of forcing submission of Plaintiff and other individuals to the control of Defendants was to create a robotic slave-like work force, of Sea Org members, Scientology staff members, celebrity members (including but not limited to Defendant Travolta, Thomas Mapother IV aka Tom Cruise, Nicole Kidman, Isaac Hayes, Mimi Rogers, Kelly Preston-Travolta, Kirstie Alley, Maxine Nightingale, Robert Sch÷ller, Greta Van Susteren, Chick Corea and others such as Danny Keogh, Lisa Marie Presley and singer Michael Jackson) and other public members such as Plaintiff is now, that would work to the wealth and benefit of Defendants and at the expense, detriment and damage of Plaintiff. Once Plaintiff was placed under the coercive manipulative domination and indoctrination of Defendants, Plaintiff was exploited for very low pay, and between 1977 and 1978, worked as an unlawfully and inadequately compensated employee of Defendants and was continuously subjected to physical and psychological trauma, inadequate nutrition, coercive indoctrination and mental and physical exhaustion. In addition, and as a celebrity and public member of the so-called Church of Scientology from 1973 to 1975, and from 1978 to the present day, Plaintiff was subjected to physical and psychological trauma, coercive indoctrination, intimidation, harassment, extortion and exhaustion.
142. For the duration of his affiliation with Defendants, Defendants, and each of them, employed, inter alia, the following psychological devices, as well as using other devices, to cause Plaintiff to involuntarily abandon (and "disconnect" from) his former identity and former loyalties, including family and friends, and to deprive Plaintiff of his independent free will, and thereby forced him to submit to the physical and psychological control of Defendants, such as: threats of torture; implementation of brainwashing tactics, hypnosis, threats of physical harm for lack of loyalty to Defendants; implementation of an electronic device dubbed the "E-Meter" that purportedly measured the degree of Plaintiff's loyalty to Defendants through electrodes held in his hands during the course of lengthy coercive and Nazi and Communist-like interrogations (called "security" or "sec. checks"), as described with more particularity herein; forcibly causing Plaintiff to work long hours at hard labor in vast excess of 40 hours a week and eight hours a day without proper or lawful compensation whilst he was on staff at the Paris Org. Furthermore, Defendants engaged in deliberately inducing fatigue by physical abuse and deprivation of sleep and adequate diet; deliberately confining Plaintiff to premises under the control of Defendants and under threat of physical harm without allowing Plaintiff to leave of his own free will; and even coming to Plaintiff's home on free days to bring him back to the Paris Org. to work more and more; and threatening Plaintiff that failure to submit to the power and control of Defendants would result in his becoming "Fair Game", a term coined by Defendants and described more clearly herein. In addition Defendants indoctrinated Plaintiff with the false belief that he would not be able to survive outside of Scientology, or integrate into that society outside of Scientology, if he ever "left the group." Upon information and belief, the Scientology enterprises hypnotically or otherwise implant their victims with subliminal mental messages causing them to contemplate or commit suicide ("end of cycle" or "EOC") if they become disenchanted with, and wished to leave the group. These hundreds or perhaps thousands of mysterious deaths include Phillip Gale and Noah Lottick.
143. During the course of his affiliation with Defendants, Plaintiff was, on many occasions, subjected to scrutiny regarding his loyalty to Defendants by being placed on an E-Meter. The E-Meter is an electronic device used by Defendants which allegedly measures the emotional responses of persons, such as Plaintiff, through electrodes held in the hands. In this manner, Plaintiff has regularly been interrogated for many hours, regarding his loyalty or lack thereof to Defendants. The E-Meter is comprised of a needle that allegedly could indicate levels of credibility and loyalty of the interrogated party. Commodore Hubbard "discovered" the E-Meter in a London store in the late 1940s. It cost a few pounds. Defendants now sell the various models of E-meter to Church parishioners for prices that can exceed $27,000. 00. At no time did Defendants advise Plaintiff of the United States District Court decision in enjoining medical use of the E-Meter.
DEFENDANTS' FAIR GAME POLICY
144. At various times herein, the Defendants, as part of a conspiracy to obstruct justice or otherwise control and silence dissenters and opponents such as the Plaintiff herein, practiced what came to be known as the "Fair Game" policy. Pursuant to this practice, an enemy of Scientology "may be deprived of property or injured by any means, by any Scientologist, without any discipline of a Scientologist. He may be tricked, sued or lied to, or destroyed." Despite public disavowal of the term "Fair Game" (for conceded public relations purposes), Defendants retain the policy itself in force and practice. Accordingly, defendants, in concert with others, continue to engage in illegal, outrageous, oppressive, tortious and harassing activities against those who they deem to be "enemies" of Scientology. One result of the ruthless and sometimes illegal acts engaged in by Defendants is that the enterprise is able to carry out its pattern of illegal, racketeering activity against the Plaintiff and others, with the knowledge that only rarely will witnesses dare to come forward and testify against Defendants.
145. Defendants' "Fair Game" Policy was not disclosed to Plaintiff when he was recruited by Scientology and this was a material non-disclosure by Defendants. The "Fair Game" policy directs that any individual or employee who expresses a lack of loyalty to Defendants is open to any form of harassment, economic ruin, or subject to any covert plan designed to cause economic ruin, or subject to any covert plan designed to cause emotional or physical harm and/or financial ruin. The plans include the destruction of a person's business, reputation, and/or framing of false charges of criminal acts. Throughout Plaintiff's affiliation with Defendants, he was constantly psychologically tormented with threats of becoming "Fair Game" within the context of the specialized meaning given the term by Defendants. At certain times during the course of his affiliation with Defendants, Plaintiff was subjected to "Fair Game" and ruined financially and vocationally, at the hands of, and for the benefit and unjust enrichment of, Defendants. Plaintiff now knows of innumerable other occasions of Fair Game being applied to various other people that Defendants viewed as potentially threatening their unlawful and fraudulent activities as more fully described herein. Amongst these people were Federal and State Judges and other officers of the court and professors and doctors who have made a study of Defendants' brainwashing techniques, all of which encompass other criminal activities, which were contrary to the national security interests, of these United States, but, which were consistent with Defendants' anti-democratic objectives and activities. Wires were used extensively in their Fair Game threats and attempts against Plaintiff, as were the U.S. Mail services.
146. Defendants have represented that they cancelled Fair Game but they did not tell Plaintiff that Scientology's Fair Game Policy has been recognized and discussed in a number of cases including: Church of Scientology v. Armstrong, 232 Cal.App.3d 1060, 1067 (1991); Wollersheim v. Church of Scientology, 212 Cal.App.3d 872, 888-89 (1989); Allard v. Church of Scientology, 58 Cal.App.3d 439, 443 n.1 (1976); United States v. Kattar, 840 F.2d 118, 125 (1st Cir. 1988); Van Schaick v. Church of Scientology, 535 F.Supp. 1125, 1131 n.4 (U.S.D.C. Mass. 1982); Christofferson v. Church of Scientology, 57 Ore.App.203 (1982).
147. The Defendants Fair Game policies and practices are intended to "utterly destroy", professionally, financially and personally, any person who actively seeks to suppress or damage Scientology or a Scientologist by "Suppressive Acts" which are defined as "actions or omissions undertaken knowingly to suppress, reduce or impede Scientology or Scientologists." The handling of Suppressives is set forth in Scientology Ethics Issues which consist, to a large degree, in the protection of Scientology from external threats. "The Purpose of Ethics is TO REMOVE COUNTER-INTENTIONS FROM ENVIRONMENT" (HCOPL 18. 6. 68 Ethics; caps in original).
148. In mid-March 1955, Commodore Hubbard wrote "I call to your attention a situation of any besieged fortress. If that fortress does not make sallies, it does not send forth the trolls to attack and harass, . . . that for fortress may, and most often does, fall.
The DEFENSE of anything is UNTENABLE. The only way to defend anything is to attack . . . it is an entirely moral duty to be punitive against strangers and outsiders ho would stop the progress of this [Scientology] civilization." (Emphasis added) The "utter destruction" of persons such as Plaintiff is set forth in various of the Scientology Defendants' written policies.
149. Some of these written policies are set forth in Commodore Hubbard's MANUAL OF JUSTICE where he states "people attack Scientology: I never forget it, always even the score." Commodore Hubbard subdivides the administration of justice into four phases: (a) intelligence activities; (b) investigation of evidence; (c) judgment or punishment; and (d) rehabilitation. In the Manual of Justice, intelligence is defined as "that activity which collects data and keeps it adding up so that we know our foes from our friends and so that we can act to separate out the sources of trouble in any given situation." Investigation is defined as the "careful discovery and sorting of facts. . . overt investigation of someone or something attacking us by an outside detective agency should be done more often and hang the expense . . . . Hire them and damn the costs when you need to." (emphasis added) Commodore Hubbard also writes herein that the critic will sure shudder into silence." The policy continues, "tell the detective we don't care if they know you're investigating them for us. In fact, the louder the better." The policy also states that Scientology "punishment" is "gruesome to see sometimes and in this instance there are men hiding in terror on Earth because they found out what they were attacking. There are men dead because they attacked us - for instance Dr. Joe Winter. There are men bankrupt because they attacked us - Purcell, Ridgeway, Seppos." (emphasis added) In the same policy and practice manual, Commodore Hubbard also writes "remember that - by investigation alone we can curb pushes and crush wildcat people and unethical 'Dianetics and Scientology' organizations. [emphasis added]
150. The Defendants also have a pattern and practice, of abusing the non-Scientology or "wog" legal system to utterly destroy persons such as Plaintiff. Part of this policy is set forth in a 1955 Hubbard publication The Scientologist a Manual of Dissemination of Material. This directive of the Defendants makes it clear that they have a policy and practice to use the courts to harass and ruin people rather than to win.
"The purpose of the suit is to harass and discourage rather than to win. The law can be used very easily to harass, and enough harassment on somebody who is simply on the thin edge anyway, well knowing that he is not authorized, would generally be sufficient to cause his professional decease. If possible, of course, ruin utterly."
151. These Defendantsss also run what is known as Black Dianetics on persons as explained in the Research and Discovery Series on 17 December 1951. "A person can drive himself mad without any trouble . . . there is much date on how to make people insane, uncomfortable, sick or dead as there is on how to make them well . . . once in a while, in order to learn something, it is necessary to look at it. With Black Dianetics you could tailor-make any kind of insanity you wanted to. Similarly, in the same series on 28 June 1951, it is proscribed that there will have a "dianetics contain(s) the answers to the riddle of insanity. It also contains perforce the answer to the riddle of insanity. "Anyone of us can take a human being and with malice aforethought drive him stark" staring crazy with greater efficiency than even psychiaty does.
152. The Defendants also have a written policy and practiceof using "manufactured" allegations as a threat. On August 15, 1960, the "Department of Government Affairs" was established with a policy written by Commodore Hubbard. In that issue, Hubbard ordered:
If attacked on some vulnerable point by anyone or anything or any organization, always find or manufacture enough threat against them to cause them to sue for peace. Peace is bought with an exchange of advantage, so make the advantage and then settle. Don't ever defend. Always attack.
Don't ever do nothing. Unexpected attacks in the rear of the enemies front ranks work best." (emphasis added.)
153. The Defendants also have a policy and practice which, when it was first instituted, was called "Fair Game", and which is still in existence today. It exists for the "handling" of Suppressive Persons, despite the claims of the Scientology organization to the contrary.
154. On March 7, 1965, Commodore Hubbard wrote Hubbard Communications Office Policy Letter (HCOPL) of March 7, 1965, titled "Ethics: Suppressive Acts: Suppression of Scientology and Scientologists: the Fair Game Law." This Scientology policy document provides the official definition of "Fair Game."
By Fair Game is meant, without rights for self, possessions, or position, and no Scientologist may be brought before a Committee of Evidence or punished for any action taken against a Suppressive Person or Group during the period that person is 'fair game.'" (A revision of December 23, 1965, changed it to read, "by FAIR GAME is meant, may not be further protected by the codes and disciplines of Scientology or the rights of a Scientologist.")
155. The Defendants' policy statement also defines a "suppressive person" as follows:
A SUPPRESSIVE PERSON OR GROUP is one that actively seeks to suppress or damage Scientology or a Scientologist by suppressive acts.SUPPRESSIVE ACTS are acts calculated to impede or destroy Scientology or a Scientologist and which are listed at length in this policy.
156. The same Defendants' policy letter also lists some of the suppressive acts to include "public statements against Scientology; proposing, advising or voting for legislation . . . or laws directed toward the suppression of Scientology; testifying hostilely before state or public inquiries into Scientology to suppress it; bringing civil suit against any Scientology organization or Scientologist . . .; demanding the return of any or all fees paid for standard training or processing actually received in part and still available but undelivered only because the departure of the person demanding; testifying as a hostile witness against Scientology in public; being at the hire of anti-Scientology groups or persons; delivering up the person of a Scientologist without defense or protest to the demands of civil or criminal law; receiving money, favors or encouragement to suppress Scientology or Scientologists, etc., etc., etc. (emphasis added)
157. The Scientology Defendants have a further policy and practice of harassing critics as set forth in HCO Executive Letter 27 September, 1965, referring to how a certain group of critics were to be destroyed: "They are each fair game, can be sued or harassed . . . harass these persons in any possible way." (emphasis added]
158. The policies and practices of the Scientology Defendants in utterly destroying persons such as Plaintiff are further set forth in an L. Ron Hubbard Executive Directive of 2 December, 1966 entitled "Confidential: Ranch 5 Project: Project Squirrel". In that policy order the Guardian's Intelligence Office for the Western United States is ordered to take certain steps in order to "successfully bring the following facts into public consciousness:
a. People who attack Scientology are criminals;
b. That one attacks Scientology he gets investigated for crimes;
c. If one does not attack Scientology then despite not being with it, one is safe.
159. Elsewhere in this issue Commodore Hubbardd writes "there is no overt in bringing good order." An "overt" in the Scientology lexicon is a "transgression" or "wrong." In other words, the Defendant Scientologists have a policy and practice of the end justifying the means.
160. The Defendants have claimed that they no longer have a policy and practice of Fair Game being directed at persons such as Plaintiff as a result of Public Communications Office Policy Letter of 21 October, 1966 entitled "Cancellation of Fair Game." The entirety of the policy letter (P/L) is stated "the practice of declaring people FAIR GAME will cease. FAIR GAME may not appear on any Ethics Order. It causes bad public relations. The P/L does not cancel any policy on the treatment or handling of an SP." (emphasis added). In fact, it has become apparent that "Fair Game" has evolved as the underlying, often unspoken, "theme" or modus vivendi which motivates the behavior of the Defendants. Thus, even though nothing may be specifically said regarding the "policy" of "Fair Game"and its direct application regarding a particular individual, it is so pervasive as a gestalt that the Defendants members come to unconsciously apply the policy in the conduct of their daily lives, defining friends, colleagues and family members as "enemies", should they in any way oppose Scientology, and thence subjecting these "enemies" to personal versions of the institutional policy of "Fair Game".
161. The claims of the Defendants that the Fair Game policy has been cancelled are false and fraudulent. The words "Fair Game" were banned from Scientology documents authorizing Scientologists to trick, sue, lie or destroy Suppressive Persons for public relations reasons. The policy letter does not change the treatment of such persons as Plaintiff and expressly states that this "policy letter does not cancel any policy on the handling of an SP." As alleged herein, suppressive persons, such as Plaintiff, were to be attacked, tricked, sued, lied to or destroyed. Accordingly, the Defendants fraudulently claim that this policy did not change despite their knowledge that the policy letter does not cancel the orders that suppressives are to be "tricked, sued or lied to or destroyed."
162. The false and fraudulent claims of the Defendants in this regard are further evidenced to the publication of the March 7, 1965 policy letter, under the "Fair Game Law" title, as late as 1980 in Volume I of the Organization Executive Course: "An Encyclopedia of Scientology Policy" by L. Ron Hubbard. The issue "Suppressive Acts: Suppression of Scientology and Scientologists: the Fair Game Law" appears on page 552 et seq. The Defendants' false and fraudulent conduct in this regard is further evidenced by subsequent reprints of these volumes laundering out certain phrases and issues of Commodore Hubbard, without telling Scientology members, and contrary to an issue called "The Integrity of Source" which prohibits anyone other than Commodore Hubbard from making changes to his writings.
163. The fraudulent false claims by the Defendants as to the cancellation of Fair Game, as practiced against persons such as Plaintiff, is further evidenced by voluminous documents and witnesses to the contrary and numerous subsequent court decisions including but not limited to the authorities listed herein.
164. The Defendants also have a policy and practice, directed to persons such as the Plaintiff, which was instituted on February 16, 1969 entitled "Confidential: Battle Tactics" where the Defendants are ordered to use military tactics and strategy in dealing with the "enemy" such as Plaintiff. The policy and practice letter of 16 February 1969 orders the Defendants to conduct "wars of attrition on a basis of total attrition of the enemy. So never get reasonable about them. Just go all the way in and obliterate them. One cuts off enemy communications, funds, connections. He raids and harasses. Seeing it as a battle one can apply battle tactics to thought actions. Intelligence identifies targets and finds out enemy plans and purposes, enemy connections, dispositions, etc. Never treat a war like a skirmish. Treat all skirmishes like war". (emphasis added) The same policy and practice issue also orders the Defendants to use intelligence to get the "who, when, where, what."
165. On January 8, 1991, The Fair Game Law was, in essence, reissued under the title "Suppressive Acts Suppression of Scientology and Scientologists".
166. The Defendants' policies and practices as to the destruction of persons such as Plaintiff, were also set forth in Hubbard Communications Office Policy letter of 17 February, 1966 which created the Public Investigation Section. In pertinent part, the policy letter states as follows:
a. The purpose of this Section is:
To help LRH investigate public matters and individuals who seem to impede human liberty so that such matters may be exposed and to furnish intelligence required in guiding the progress of Scientology;
b. It is comprised wholly of professional investigators.
c. The statistics of the section is dual consisting of the number of cases successfully investigated on specific projects and the number of derogatory news stories appearing that week related to enemies of Scientology related to a specific project. The statistic of each individual investigator is the number of cases personally investigated through a completed useful report. . . production of the section is the number of cases in a project processed.
d. It will be seen that the section has all the usual functions of an intelligence and propaganda agency. It finds the data and sees that it gets action.
The section investigates the attacking group's individual members and sees that the results of the investigation get adequate legal action and publicity. The mechanism employed is very straightforward. We never use the data to threaten to expose. We simply collect it and expose. Standard intelligence procedures are used. The usual precautions against libel, slander, and false arrest are taken.
Projects must be studied for legal liabilities by the legal section before being commenced upon. But no project may be stopped by the legal section - their whole function is to find out how to make it safe.
The section should note that press and the public are interested in murder, assault, destruction, violence, sex and dishonesty in that order. Investigations which can uncover these factors and the activities of individuals of a group attacking Scientology are valuable in the degree that they may contain a number of these factors. The more factors a case contains the more important the case is. The idea is that the press feeds on these factors and we feed them someone else's. (emphasis added)
Associating the attacking group's activities with reprehensible groups in the past by using familiar descriptive words will be found very effective. For example, if the word "white" has been made hateful to the public by some past criminal group we use "white" in our descriptive terminology concerning the group that is attacking us and whom we are investigating.
Section investigators would do well to study the technology on suppressive persons.
Such attacking groups with which the section would deal derive their power from pretense and secrecy. It will be seen the power vanishes under calm investigation, particularly when it is well known to them that we are investigating. . . in that way we then get rid of suppressive groups by investigation and disclosure."
167. As set forth in the immediately preceding paragraph, the Defendants' policies and practices in connection with the investigation, harassment and total destruction of critics and others impeding their objectives are conducted through what, on February 17, 1966, was the Public Investigation Section of the Guardian's Office and which is now the Office of Special Affairs of the Church of Scientology International and its legal unit which includes the law firm of "Moxon & Kobrin."
168. The Defendants also have a policy and practice, as set forth in Hubbard Communications Office Policy Letter of 18 February, 1966, entitled "Attacks on Scientology (continued)" Defendants' policies "stopping attacks" are required to include "investigating noisily the attackers. . . these people who attack have secrets. And hidden crimes." (emphasis added) They are afraid. The purpose of the Scientologist's investigation policy and practice is to cause the suppressor to "withdraw" and "collapse".
169. The Defendants also have a further policy and practice set forth in Hubbard Communications Office Policy Letter of 25 February, 1996 entitled "Attacks on Scientology (Additional Pol. Ltr."). In this policy statement, the Defendants are instructed as to the correct procedure for handling persons such as Plaintiff:
"This is correct procedure:
(1) Spot who is attacking us.
(2) Start investigating them promptly for FELONIES or worse using our own professionals, not outside agencies.
(3) Double curve our reply by saying we welcome an investigation of them.
(4) Start feeding lurid, blood sex crime actual evidence on the attackers to the press.
(5) Make it rough, rough on attackers all the way." (emphasis added)
170. The same policy letter of the Defendants states that "the way we will eventually stop all attacks from there on out is by processing the society as follows:
(1) Locate a source of attack on us;
(2) Investigate it;
(3) Expose it with wide, lurid publicity. We investigate and expose - the attack ceases."
171. In addition, the same policy statement of the Defendants provides "don't worry about libel if our facts indicate rottenness. The last thing that target will do is sue as then we would have a chance to prove it in court, which they are terrified of our doing." (emphasis added)
172. Responsibility for conducting the Defendants' policies and practices for destroying persons such as Plaintiff was transferred from the Public Investigation Section to the Guardian's office on March 1, 1966 in a Hubbard Communications Policy Letter entitled "The Guardian". The Guardian's office, Division 20 on the Scientology organization board, has been renamed and is now the Office of Special Affairs of the Church of Scientology International in which the fictitious law firm of Moxon & Kobrin is part of the unit. Instructions to Guardian's Office members were and are set forth in the B1-B2 hatpack, part of which was utilized as recently as 1988 as the job description for the President of the Church of Scientology International and includes instructions as to infiltration, bribery, buying information, robbery and blackmail. The first Guardian appointed was Commodore Hubbard's third wife Mary Sue Hubbard.
173. Elsewhere Commodore Hubbard writes "there is no overt in bringing good order." An "overt" in the Scientology lexicon is a transgression or wrong. In other words, the Defendant Scientologists have a policy and practice of the ends justifying the means.
174. The Defendants' "Fair Game" policies and practices, directed at persons such as Plaintiff allegedly cancelled on 21 October, 1966, were further set forth in a Hubbard Communications policy letter of 18 October, 1967 entitled "Penalties for Lower Conditions" and instructed Fair Game to be automatically issued on anyone (including staff members) who was an "Enemy or Suppressive . . . SP order. Fair Game. May be deprived of property or injured by any means by any Scientologist without any discipline of the Scientologist. May be tricked, sued or lied to or destroyed."
175. Following the alleged cancellation of Fair Game on 21 October, 1966, the Defendants instituted a new Hubbard Communications Office Policy Letter on 16 February 1969 entitled "Confidential: Targets, Defense" in which are listed vital targets in which the Defendants must invest most of their time:
T1 Depopularizing the enemy to a point of total obliteration.
T2 Taking over the control or allegiance of the heads or the proprietors of all news media.
T3 Taking over the control or allegiance of key political figures.
T4 Taking over the control or allegiance of those who monitor international finance and shifting them to a less precarious finance standard.
176. The Defendants' policies and practices directed at totally destroying persons such as Plaintiff are further set forth in a Hubbard Communications Office Policy Letter of December 2, 1969 entitled "Confidential: Intelligence - Actions: Covert Intelligence: Data Collection." The Defendants' policy and practice, in this regard, is to assign a target, such as Plaintiff, to a "case officer" who functions as an "intelligence officer." The written policy states "the case officer may 'run' several agents."
177. Defendants' written policy statement further provides that "essentially a covert operation is intended to embarrass, discredit or overthrow or remove an actual or possible opponent. It is a small war carried on without its true source being disclosed. It follows all the rules of war but uses propaganda, psychological effect, surprise, shock, etc., to achieve its ends. Covert operations are weak in that they fade out on exposure.
178. "Thus a covert operation has to lead to an overt operation to succeed. Our tactics of offense and defense are based on data. We need dates to predict his offensives and counter them and data to use in our attacks on him. We remove his agents and vanquish his troops and directly attack his central group. That is sound tactics. By demonstrating his falsity about us we rehab our own repute (a long road back). By showing his sources to be false we get them expended. By showing him to be brutal, venal, and plotting, we get him discarded. Our direct assault will come when they start to arrest his principals and troops of crimes (already begun). Our total victory will come when we run his organizations, perform his functions and obtain his financing and appropriations". (emphasis added)
179. The Defendants' policies and practices on "utterly destroying"
persons such as Plaintiff are also set forth in Hubbard Communications Office Policy
Letter of 15 August, 1967 titled "Discipline: SP's and Admin: How Statistics
Crash." In that policy letter, the Defendants are told that the head of the
Scientology Organization, then and now, will stop at nothing to destroy persons such as
However, if anyone is getting industrious trying to enturbulate or stop Scientology or its activities, I can make Captain Bligh look like a Sunday School teacher. There is probably no limit on which I would do to safeguard man's only road to freedom against persons who, disdaining processing, seek to stop Scientology or hurt Scientologists.
180. The Defendants' policies and practices are in totally destroying persons such as Plaintiff are further set forth in Hubbard Communications Office Policy Letter of 16 February, 1969 titled "Confidential: Enemy Hands." Among other things, it provides that:
persons hostile to Scientology usually have criminal backgrounds even when in public life. One doesn't always find these even when they exist but one at least finds connections which are useful. Therefore, do exposes of such people in the area of their subjects or interests, not bringing us or any real ally into it. Use "counter opinion" names as investigation subjects, find their terrain, find the crimes on it and attack on that terrain and the enemy not ourselves will be in trouble.
181. The policies and practices of the Defendants, towards persons such as Plaintiff, are also set forth in a Hubbard Communications Office Bulletin of 5 November, 1967 entitled "Critics of Scientology."
Now, get this as a technical fact, not a hopeful idea. Every time we have investigated the background of a critic of Scientology, we have found crimes for which that person or group could be imprisoned under existing law. We do not find critics of Scientology who do not have criminal pasts. Over and over we prove this. Politician A stands up on his hind legs in a Parliament and brays for a condemnation of Scientology. When we look him over we find crimes - embezzled funds, moral lapses, a thirst for young boys - sordid stuff. Wife B howls at her husband for attending a Scientology group. We look her up and find that she had a baby he didn't know about. . . We are slowly and carefully teaching the unholy a lesson. It is as follows: 'we are not a law enforcement agency but WE WILL BECOME INTERESTED IN THE CRIMES OF PEOPLE WHO SEEK TO STOP US. IF YOU OPPOSE SCIENTOLOGY WE PROMPTLY LOOK UP - AND WILL FIND AND EXPOSE - YOUR CRIMES. IF YOU LEAVE US ALONE WE WILL LEAVE YOU ALONE. IT'S VERY SIMPLE. EVEN A FOOL CAN GRASP THAT. AND DON'T UNDERRATE OUR ABILITY TO CARRY IT OUT. . . THOSE WHO TRY TO MAKE LIFE HARD FOR US ARE AT ONCE AT RISK. (emphasis added)
182. The Defendants also have a practice and policy, set forth in a Bulletin Commodore Hubbard wrote on October 23, 1983, called "SEC Checking: Note, where he writes, in effect, that actions committed against Scientology's "enemies" are not of moral or ethical interest. Only those committed against Scientology.
183. The policy and practice of the Defendants, in investigating and destroying persons such as Plaintiff, also extends to international spying. On 7 May, 1971 a Hubbard CEO [Guardian Order] 070571 entitled "Secret: Notes on SMERSH" states, under "CHARACTER ATTACKS", that "the Nazi brought personal character destruction up to a fine art in its propaganda activities" and under "PENETRATION" states that: "penetration is always a win. We have made it in finding WHO attacks Scientology from where by doing that. This gives us ever further penetration. We have found as well the X intelligence officer mouth pieces [sic] in the UK that influenced that government and pushed Nazi aims. We are getting ever further penetration now into who is keeping this planet upset."
184. The policy and practice of the Defendants, in utterly destroying persons such as Plaintiff, is further set forth in a Guardian order (CEO 011272 LRH) titled "Confidential: BLACK PROPAGANDA" also known as "Black PR," short for "Black Propaganda." In that order, the Defendants are instructed that "Black Propaganda is a covert communication of false info intended to injure, impede, or destroy the activity or life of another person, group or nation, usually issued from a false or removed source from the actual instigator." (emphasis added) Black Propraganda is used heavily in 'psychological warfare.'" The policy and practice order continues to state "our propaganda is dirty but it is not black because it is true. Black propaganda is essentially false. You can do this trick (as in the new operating plans I wrote) by survey and attack. We just run propaganda campaigns. (emphasis added)
185. The false and fraudulent statements of the Defendants, that Fair Game no longer is practiced against persons such as Plaintiff, is further evidenced by the 280-page (plus exhibits) "Stipulation of Evidence" executed by the United States Department of Justice, Mary Sue Hubbard and eight other senior Scientology executives detailing Scientology's Snow White Project, or Operation Snow White, where assistant U.S. attorney Raymond Banoyun gives a succinct stipulated description of how Fair Game was conducted after 1968, and an admission by the Defendants therein that Fair Game continued even beyond the conviction of Mary Sue Hubbard in a statement by the U.S. Government questioning "whether these illegal activities were ever terminated by these defendants." These illegal activities" included: the infiltration and theft of documents from a number of prominent private, national world organizations, law firms, newspapers and private citizens; the execution of smear campaigns and baseless lawsuits for the sole purpose of destroying private individuals who had attempted to exercise their First Amendment Rights to freedom of expression; the framing of private citizens who had been critical of Scientology, including the forging of the documents which led to the indictment of at least one innocent person; and the violation of the civil rights of prominent citizens and public officials." (emphasis added)The stipulation by representatives of the organization also notes how Mary Sue Hubbard had said on the witness stand that she and her co-defendants "felt they could do to others what ever they perceived, however erroneously, others were doing to them."
186. The Defendants have consistently but fraudulently claimed that their activities directed against persons such as the Plaintiff are to protect their church from harassment. The Defendants know, or ought to have known, that this defense was rejected in Allard v. Church of Scientology of California, 68 Cal. App. 3d 439, 129 Cal. Rptr. 797 (CT at 1976) cert. denied, 97 S. Court 1101 (1977) where it was held as follows:
The defendants contention that they committed the crimes of which they stand convicted in order to protect their church from government harassment collapses when one reviews a sample of the remaining documents seized by the FBI during the execution of the two Los Angeles search warrants. If anything, these documents establish beyond question that the defendants, their convicted codefendants, and their indicted co-conspirators [which included Commodore Hubbard and current Scientology counsel Kendrick L. Moxon,. Esq.], as well as their organization, considered themselves above the law. They believe they had carte blanche to violate the rights of others, frame critics in order to destroy them, burglarize private and public offices and steal documents outlining the strategy of individuals and organizations that the church had sued. These suits were filed by the church for the sole purpose of financially bankrupting its critics and in order to create an atmosphere of fear so that critics would shy away from the First Amendment Rights secured them by the Constitution. The defendants and their cohorts launched vicious smear campaigns, spreading falsehoods against those they perceive to be enemies of Scientology in order to discredit them and, in some instances, to cause them to lose their employment. . . . To these defendants and their associates, however, anyone who did not agree with them was considered to be an enemy against whom the so-called "Fair Game" doctrine could be invoked. . . . (emphasis added) It is interesting to note that the founder of their organization, unindicted "co-conspirator, L. Ron Hubbard," wrote in his MODERN MANAGEMENT TECHNOLOGY defined that "truth is what is true for you," and "illegal" is that which is "contrary to Scientology policy" and not pursuant to Scientology's "approved program." Thus with the Commodore's blessing they could wantonly commit crimes as long as it was in the interests of Scientology. These defendants rewarded criminal activities that ended in success and sternly rebuked those that failed. In view of this, it defies the imagination that these defendants have the unmitigated audacity to seek to defend their actions in the name of religion."
187. In addition to the Plaintiff, the thousands of persons around the world who have been subjected to the Defendants Fair Game policies and practices, even since its alleged cancellation in 1967, include Michael J. Flynn, Esq., Bruce Bunch, Esq., Charlie B. O'Reilly, Esq., Barry Van Sickle, Esq., Joseph A. Yanny Esq., Toby Plevin, Esq., Ford Greene, Esq., Federal District Court Judges Charles Richey and James Ideman; Vaughn Young, Stacy Young, Robert Minton, Hanna Whitfield, Jerry Whitfield, Uwe Geertz, Richard Behar, Paulette Cooper, Cynthia Kisser, Garry Scarff, Dennis Erlich, William Jordan, Lawrence Wollersheim, Arnaldo Lerma, Bent Corydon, David Mayo, Judge Swearinger, Bill Swearinger, and thousands, of officials of the United States Internal Revenue Service, the Federal Bureau of Investigation and the United States Department of Justice.
188. The Defendants' Fair Game policies and practices on "utterly destrying" persons such as Plaintiff are also set forth in "Hubbard Communications Office HCO Executive Letter of 5 September 1966. To: Scientologists from Ron, titled Subject: How to do a NOISY Investigation, which states in pertinent part:
Here's what you do. Soon as one of these threats starts you get a Scientologist or Scientologists to investigate noisily. You find out where he or she works or worked, doctor, dentist, friends, neighbors, anyone and 'phone em up and say. I am investigating Mr./Mrs. . . . for criminal activities as he/she has been trying to prevent man's freedom and is restricting my religious freedom and that of my friends and children, etc. . . ." You say now and the,"I have already got some astounding facts", etc., etc. (Use a generality) . . . It doesn't matter if you don't get much info. Just be NOISY -- it's very odd at first but makes fantastic sense and WORKS. . . . Scientologists are really terribly ethical.
189. These Defendants also have policies and practices designed and intended to cause and permit them to lie under oath as to the existence and application of the policies and practices intended to destroy persons such as Plaintiff. These policies and practices include TR-L(Training Routine - Lying), Hatting the Witness, and Addendum to Hatting the Witness, How to Tell an Acceptable Truth. The Defendans also have Board policy letter revised 8 May 1975 titled Religion which provides that "what is true for you is what you have observed for yourself. Nothing in Dianetics and Scientology is true for you unless you have observed it. And it is true according to your observation, that is all." Because Scientology is a totalitarian, closed compartmentalized organization, and because Scientology staff and members only operate in discreet closed sectors, they are able to plausibly claim that anything they have not personally observed is untrue.
190. The Defendants have a practice and policy of utterly destroying a person such as Plaintiff as set forth in Hubbard Communications Office Policy Letter of 27 October 1964 titled "Policies on Handling Physical Healing, Insanity and Potential Trouble Sources". In that policy letter, Potential Trouble Sources (PTS's) are defined so as to include:
"persons intimately connected with persons (such as marital or familial ties) of non-antagonism to mental or spiritual treatment or scientology, persons who have ever threatened to sue or embarrass or attack or have publicly attacked Scientology or been a party to an attack and all their immediate families, persons attempting to sit in judgment on Scientology in the hearings including judges, newspaper reporters and magazine writers. Such persons are to be "handled by firm legal stands."
191. The Defendants, and other Scientology staff members (including any who are lawyers or investigators) are subject to harsh punishment for failing to apply Scientology policies and bulletins such as those set forth above. Such punishments have included being locked in a room and screamed at by several persons until a staff member "breaks" or confesses; being locked up chain lockers on Hubbard's boat on his orders; being thrown overboard with hands and feet tied; being put on diets of rice and beans; being kept awake for day-after-day without sleep; being made to sleep on floors, in closets or in "pig's berthing", spending years at hard labor at the notorious (and secret) gulags known as the Rehabilitation Project Force (RPF), being physically assaulted and beaten (sometimes by Captain Miscavige himself) for refusing to comply with orders and being made to run in the desert sun until dropping from exhaustion and then being made to run some more, etc. Although such abuses are well known by Scientology staff members, such as the Defendants herein, it is a crime against Scientology, subject to harsh punishments, to make them known to the non-Scientology world, which might then intrude. To prevent that from happening, Scientologist are subjected to Scientology's own justice system which includes Committees of Evidence and the procedures set forth in Hubbard's original " MANUAL OF JUSTICE" which divides the whole subject of justice for a Scientologist into four phases: (1) intelligence activities; (2) Investigation of Evidence; Judgment or Punishment; and Rehabilitation. The practice of Defendants herein of punishing persons such as Plaintiff, for failing to effectively carry out the policies and practices set forth above include deprivation of liberty, freedom, human rights, civil rights and even the final vestiges of any human dignity.
192. The Defendants also have a Board policy letter issued 30 May 1974 entitled PR Series 24, handling hostile contacts/dead agenting which Commodore Hubbard described as the technique of proving utterances false and attributes it to the "First Book of Chinese Espionage." It consists of disproving utterly the false statement with documents or demonstration or display. One has to have a kit (a collection of documents) or the ability to demonstrate or something to display." In addition, if there will be a long term threat you are to immediately evaluate and originate a black PR campaign to destroy the person's repute and to discredit them so thoroughly that they will be ostracized. In other words, handle the hell out of it. (LRH)"
193. The Defendants also have a policy and practice as set forth in an issue 27 March 1972 titled Counter Attack Tactics stating that "those who attack Scientology ... are provenly suppressive. Part of this policy involves destroying critic's careers. "These persons can always lose their jobs. These jobs, permitting them power to destroy, are valuable to them. This is A POINT OF VULNERABILITY. If the person's job is also not valuable to him or if he cannot be cost his job, something can be found which he is seeking to protect and it can be threatened."
194. The Defendants also have a policy and practice reissued 10 January 1991 titled OFFENSES AND PENALTIES where crimes are described as the second most serious offense in Scientology and include "placing Scientologists at risk", being a knowing accessory to a suppressive act." High Crimes are defined to include "committing suppressive acts". The Defendants have a further policy and practice reissued on January 30, 1991 entitled SUPPRESSIVE ACTS , SUPPRESSION OF SCIENTOLOGY AND SCIENTOLOGISTS. This policy letter reissues the definitions of suppressive persons and suppressive acts as set forth in the FAIR GAME first issued March 7, 1965 and claimed by the Defendants to have been cancelled on 21 October 1966. A suppressive person or group "is one that actively seeks to suppress or damage Scientology or a Scientologist by suppressive acts". Suppressive acts are acts calculated to impede or destroy Scientology or a Scientologist." They include:
A. Testifying or giving data against Scientology falsely or in generalities or without personal knowledge of the matters to which one testifies;
B. Disavowal of Scientology or Scientologist in good standing with Scientology organizations;
C. Public statements against Scientology or Scientologists.
D. Proposing, advising or voting for legislation or ordinances, rules or laws directed toward the suppression of Scientology;
E. Testifying hostilely before state or public inquiries into Scientology to suppress it;
F. Bringing civil suit against any Scientology organization or scientologist;
G. Writing anti-Scientology letters to the press or giving anti Scientology or anti Scientologist data to the press;
H. Being at the hire of anti-Scientology groups of persons;
I. Delivering up the person of a Scientology without justifiable defense or lawful protest to the demands of civil or criminal law.
J. Moreover, "the greatest good for the greatest number of dynamics" requires that actions destructive of the advance of the many, overtly or covertly, undertaken with the direct target of destroying Scientology as a whole or a scientologist in particular, be summarily handled due to the character of the reactive mind and the consequent impulses of the insane or near insane to ruin every chance of mankind via Scientology.
195. The Defendants policies and practices in connection with the policy formerly known as Fair Game, were further set out in a Scientology policy directive issued 13 August 1982 titled SUPPRESSIVE ACT DEALING WITH A DECLARED SUPPRESSIVE PERSON.
196. Notwithstanding the Defendants' alleged claimed cancellation of Fair Game on 21 October 1966, on 8 June 1979 the Sea Organization issued a Flag conditions order declaring a person "having blown [or left] the Sea Organization as a DECLARED SUPPRESSIVE PERSON and that the person was not permitted any auditing or training in any Church of Scientology at all until he has fully done the requirements of steps A to E of HCO PO that SUPPRESSIVE ACTS, SUPPRESSION OF SCIENTOLOGY AND SCIENTOLOGISTS THE FAIR GAME LAW 23 DEC 65. "
197. The Defendants Fair Game policy was further set forth in a HCO POLICY LETTER of 16 MAY 1980 TITLED ETHICS, SUPPRESSIVE ACTS, SUPPRESSION OF SCIENTOLOGY AND SCIENTOLOGISTS WHICH SPECIFICALLY REVISES THE FAIR GAME ISSUE OF 23 DECEMBER 1965 ARE AS REVISED ON 31 DECEMBER 1979. In part Commodore Hubbard writes that "in 1965 [he] issued policy letters to help create a calmer environment in which Scientologists could pursue their religion. These were our ethics policy letters." This reissue by Commodore Hubbard was made notwithstanding his March 22, 1976 affidavit stating there was never any attempt or intent on my part by the writing of these [ethics policies] or any others for that fact to authentica a legal or harassment type acts against anyone."
198. The Defendants policy and practices in connection with ;aspects of Fair Game such as Penalties for Lower Conditions were re-emphasized in a policy letter of 6 October 1970 titled ETHICS PENALTIES which stated in connection with earlier cancellations "it does not cancel the penalties formerly assigned and as outlined in the cancelled Penalty Policy Letters listed above."
199. The Fair Game policy of the Defendants was further discussed by Commodore Hubbard in 1969 on a tape entitled "About Rhodesia": but now of course where we have heard is getting ethics too heavily on scientologists and too lightly on the surrounding environment. That is fatal to do it. Reverse that way. That is fatal. What we ought to do is reverse that. ... You should upgrade your idea of an SP man. Meet one sometime. A real one is a monster. A real SP is not just a difficult person. He is only about two and a half cent of the human race and he is utterly nuts." By this, Hubbard meant that the fair gaming of non-scientologists in the environment should be increased and suppressive person as two and a half percent of the human race, could be eliminated when Scientology took control over the entire human race.
200. The Defendants policy and practices towards critics was further explained in a newsletter by L. Ron Hubbard titled INVADING PRIVACY issued May 13, 1959 where he rights, [b] you have to be willing to invade Privacy very definitely. Well, when you realize that the highest point of aberration on the third dynamic was the first time you decided not to invade somebody's privacy and that nearly everything you have suffered from since was a determination not to invade somebody's privacy, you will see at once where these connect on an 8-C'ing somebody into a service urn.
201. The Defendants policy and practices on handling suppressive persons was further set forth in a book published by Commodore Hubbard titled the creation of human ability (a handbook for scientologists which was reprinted as late as 1976 and where Commodore Hubbard sets forth various ways of processing people including "R2-45: AN ENORMOUSLY EFFECTIVE PROCESS FOR EXTERIORIZATION BUT ITS USE IS FROWNED UPON BY THE SOCIETY AT THIS TIME." Similarly, in Technique 88 On Control and Lying, he wrote THE ONLY WAY YOU CAN CONTROL PEOPLE IS TO LIE TO THEM.
202. The Scientology defendants also have a practice and policy set forth, an HCO policy letter of 25 April 1968 titled INTELLIGENCE ACTIONS. . The stated actions of intelligence are:2. Investigate for crimes the individuals who are creating trouble. ... This is standard 1, 2, 3 action and should not be deviated from. The maxim is ... when under attack ... attack. The point is .. even if you don't have enough data to win the case ...STILL ATTACK; LOUDLY.. The reason is,.it is only those people who have crimes that will attack us and they will soon back off for fear of being found out when attacked back."
203. The Defendants also have a policy and practice set forth in HCO BULLETIN OF 15 SEPTEMBER 1981 TITLED THE CRIMINAL MIND. Ironically, Commodore L. Ron Hubbard sets forth the policy that "the criminal accuses others of things which he himself is doing ... the criminal mind relentlessly seeks to destroy anyone it imagines might expose it. The criminal only sees others as he himself is." In other words, through this Official Scientology Policy Letter, Commodore Hubbard established a Scientology policy and practice of the pot calling the kettle black.
204. The Defendants Fair Game policy allegedly cancelled on 21 October 1966 was also referred to in a 1968 publication by L. Ron Hubbard under the title Scientology Basic Staff Hat Book No. 1 which deals among other things with "ethics (conditions and other ethics policies)," Under "other ethics policies," the FAIR GAME LAW of 1 March 1965 is republished on page 40(despite its purported earlier cancellation. Also published on page 26 is the HCO Policy Letter of 18 October 1967 setting forth penalties for lower conditions including "ENEMY-SP ORDER FAIR GAME. MAY BE DEPRIVED OF PROPERTY OR INJURED BY ANY MEANS BY ANY SCIENTOLOGIST WITHOUT ANY DISCIPLINE OF THE SCIENTOLOGIST, MAY BE TRICKED, SUED OR LIED TO OR DESTROYED.
205. The Defendants Fair Game policies and practices include declaring its own members, or non-members opposing scientology, suppressive persons by way of Suppressive Person declares and stating that they are subject to "Fair Game".
206. The Defendants also have a policy and practice set forth in a December 1968 order re: INTELLIGENCE where it is stated "the following are possibilities for collecting data.
3. Buying information.
The last two are of course illegal.
207. The Defendants have an Executive Directive from the Office of Special Affairs International issued in 1991 titled Confidential, Department of Special Affairs, Investigations Office Full Hat Check Sheet. In accordance with HCO PL 17 Feb 1966, Public Investigation Section, the Investigations Officer is "to help LRH investigate public matters and individuals which seem to impede human liberty so that such matters may be exposed and to furnish intelligence required in guarding the progress of Scientology. The materials to be studied include the Department of Special Affairs Investigations Office full hat pack, the Art Of War by Sun Su Tzu and War by Klausewitz. It includes the study of HCO EXEC LTR 5 SEPT 66, HOW TO DO A NOISY INVESTIGATION.
THE DEFENDANTS' FRAUD CONTINUES
208. From 1974 to 1975, Plaintiff continued to rely on Defendants' misrepresentations and participated in Scientology training courses, and underwent auditing, in Paris, France. Plaintiff made payments for such courses and auditing, at that time and at all times during his relationship with Defendants, in detrimental reliance upon the express and implied representations, and material non-disclosures, of various of the agents of the Defendants concerning the source of the purported beliefs, and the effectiveness of Defendants' practices, as set forth hereinabove and hereinafter, and the representation that Plaintiff could have his money back if he became dissatisfied with Scientology training and/or auditing. Furthermore, at all relevant times between 1973 and June 1997, agents of the various Defendants represented to the Plaintiff the various purported physical and mental advantages to be obtained through following the practices of Defendants and, in particular, as to his continued good health and well being, and the "handling" of his homosexuality, as long as he continued in the courses of Scientology study and auditing in accordance with Defendants' express and implied representations and material non-disclosure. Based on those representations, and the material non-disclosures, described herein, and in the face of representations by various agents of the Defendants that he had no need of conventional, medical or mental health therapy to, among other things, "handle" his homosexuality or "ruin," Plaintiff refrained from seeking such conventional therapy or counseling, or other conventional medical attention, while a member of Scientology and to his physical, mental and financial detriment.
209. In or about April 1975, as indicated above, Plaintiff became a staff member at the Scientology Org. in Paris, France. During his tenure as a dedicated Scientology staff member in Paris, he worked from 9:00 a.m. to approximately 11:30 p.m. seven days a week for months at a time for pay that was at or below the poverty level. Because Defendants regarded Plaintiff's departure from the staff of the Paris Org. to be a breach of his commitment to Defendants, Defendants then submitted Plaintiff with a "freeloader bill" in the amount of $30,000. 00. Such monies allegedly represented the dollar value of the "indoctrination procedures" Plaintiff had received from the Defendants while being on staff at the Paris Org. That is, Defendants, charged Plaintiff for each "session" in which the E-meter had been used "all indoctrination sessions and other "services" received whilst he was engaged in virtual slave labor for the Scientology organization at the Paris Org. At that time, Plaintiff did not know that Scientology was a ruthless, subversive and criminal organization which would not, and could not, be constrained by any criminal or civil law. However, Plaintiff did know that Scientology organizations had a pattern and practice under which they would attempt to destroy Plaintiff's ability to earn a livelihood through the use of litigation, harassment, invasion of privacy and other practices that can loosely be described as Scientology's policy and practice of "fair game" despite the feigned and fraudulent cancellation. Plaintiff understood that the consequences of failing to pay the "freeloader bill" was a certainty of "fair game" and/or "disconnection" from friends within "the group". The indoctrination and brain washing techniques, charged for by way of the "freeloader bill" were dubbed "courses" and "auditing sessions" by Defendants. These are the same monies which the Church refers to as "fixed [tax free] donations" when dealing with public persons such as Plaintiff. The "freeloader bill" was nothing less than criminal extortion, coupled with the threat of Plaintiff becoming "fair game." As a result of the psychological trauma and indoctrination techniques implied by Defendants, and each of them, Plaintiff was unable at that time, and at all times thereafter until very recently, to comprehend his legal rights with regard to the actions of Defendants and was not sufficiently conscious of the nature and effects of the acts of Defendants, and each of them, so as to be able to take legal action or hire an attorney to defend himself against Defendants' continuing demands and conduct until mid-May 1998, at which time, he resolved to seek legal assistance of his counsel herein.
210. When Plaintiff refused some of the demands made by Defendants, his business was viciously ruined and destroyed, on more than one occasion by Defendants. Such activities were carried out by the use of the phone wire and the activities of Defendants such as Captain Miscavige. At various times herein material, Defendants through their various agents and operatives, have largely destroyed Plaintiff's businesses, interfered with his prospective economic advantage and destroyed his finances generally.
211. Defendants have also improperly sought and have obtained business and financial information from Plaintiff, business associates and others by fraudulent means and through the use of the wires and mailmails.
DEFENDANTS FURTHER DEFRAUD PLAINTIFF
212. The claim made by certain of the Defendants, including, but not limited to Defendants RTC, CSI, CSC and CST, that they are non-profit religious entities is, in part, a cover used for public relations purposes and a fraud that was perpetrated upon the Plaintiff. Also, Defendant's claims to be a religious organization are made to exploit the protection available under the First Amendment of the United States Constitution and are a further fraudulent misrepresentation that was perpetrated upon the Plaintiff. In places such as Israel, where there is a state religion, and in parts of Latin America, such as Mexico, and elsewhere in the world, where there are prohibitions against ownership of property by religious organizations, Defendants claim to be a philosophical rather than a religious organization contrary to false and fraudulent representations made to executive branches of the United States Government such as the Internal Revenue Services ("IRS").
213. Under the guise of being a peaceful, law-abiding, ethical and benevolent religious organization, Defendants are ruthless in their efforts to suppress unfavorable information ("entheta press") concerning Scientology and Scientologists from both Scientologists and non-Scientologists alike. Defendants' efforts to suppress the truth, and conceal other material information from the Plaintiff, included the use of criminal and fraudulent acts, and the deliberate and massive abuse of the legal and political systems, which are part of the pattern of racketeering activity complained of herein and that constitute predicate acts directed at the Plaintiff. Defendants' abuse of the political system, and unlawful lobbying, has extended to various Clinton Administration officials, numerous Congressmen, and members of the California legislature.
214. Defendants have utilized the United States mails and wires to market goods and services through false or fraudulent representations, and material non-disclosures, directed at plaintiff, upon which he reasonably relied to his detriment, including but not limited to the following:
(a) That L. Ron Hubbard is portrayed as the sole or author of Defendants writings and teachings;
(b) That L. Ron Hubbard was an engineer and nuclear physicist with degrees from certain universities; ((c) That Scientology was revealed to mankind by L. Ron Hubbard as a service to humanity with no intent to profit therefrom;
(d) That Defendants will scientifically provide an array of benefits, including but not limited to a higher I.Q., a cure for neuroses, criminality, poor eyesight, insanity, psychosomatic ills, homosexuality and drug dependence;
(e) That Defendants' goods and services are offered on a satisfaction or money-back basis;
(f) That contrary to laws restricting the unlawful practice of medicine, Defendants auditing procedures, as described in Dianetics - The Modern Science of Mental Health, NOTS 34 and other Scientology "scriptures", are claimed to relieve, and "scientifically" guaranteed and "proven" to cure numerous illnesses including but not limited to: asthma, arthritis, rheumatism, ulcers, toothaches, pneumonia, colds and color blindness;
(g) That courses offered by Scientology can be applied by an accredited college toward a college degree.
215. In 1975, Plaintiff went to the Scientology organization in Copenhagen, Denmark, where he underwent further Scientology training and coercive indoctrination, and participated in more Scientology courses, before going to the then new Flag Land Base in Daytona Beach, Florida for training in Commodore Hubbard's policies, practices, techniques and teachings on a full-time basis through the Spring of 1977.
216. In the Spring of 1977, Plaintiff returned to the Scientology enterprise in Paris where he was engaged as a full-time staff member. During his employment as a Scientology staff member, Defendants subjected Plaintiff to further coercive indoctrination, brainwashing, mind control, civil rights deprivations and labor law violations, as more fully set forth previously and below. For example, while a dedicated Scientology staff member relying upon the fraudulent misrepresentations and material non-disclosures of Defendants, as set forth herein, Plaintiff was forced to work from 9:00 a.m. to approximately 11:30 p.m., seven days a week for months at a time, for "pay" that was at or below the poverty level and which, when he left the staff of the Paris Scientology organization was a mere few francs per week. When Plaintiff ceased being a Scientology staff member at the Paris, France org., he was also required to repay his "freeloader debt" as more fully set forth herein.
217. After leaving the Scientology staff in 1978, Plaintiff continued to reasonably rely upon Defendants' various fraudulent misrepresentations and material non-disclosures, as a public Scientology celebrity member. Plaintiff decided to resume his artistic career full-time, but in order to be able to associate with, and sell his art to, his Scientology friends, he was required by Defendants to pay Defendants the full price of all his training and accommodations in Clearwater and Paris, as "freeloader debt" more fully referred to herein, despite his "donation" of time and energy to the Scientology enterprise for almost no pay. Accordingly, in order to comply with the "freeloader" policies of Commodore Hubbard, Plaintiff had to borrow the sum of $30,000 and pay it to Defendants because, as a result of Scientology's coercive indoctrination techniques, he had no non-Scientology friends or clients, to whom he could turn to for alternate emotional support and business income.
PLAINTIFF BECOMES ONE OF THE MOST HIGHLY "TRAINED" SCIENTOLOGISTS
218. After leaving the staff of the Scientology org. in Paris in 1978, Plaintiff continued his auditing and processing through the State of "Clear" and up to the "O.T. Levels" in Copenhagen, Denmark where he completed the so-called upper level, or Advanced Technology, claimed to be an unpublished copyrighted work and a trade secret, known as OT IV. Continuing to reasonably rely upon the misrepresentations, and material non-disclosures, of Defendants and their agents, and being increasingly subjected to their coercive indoctrination, group hypnosis, brainwashing and other mind control techniques, Plaintiff continued to undergo Scientology auditing and processing and to take other Scientology courses, known as "going up The Bridge to Total Freedom", at the Flag Land Base in Clearwater, Florida between the years 1982 to 1989. During those years, and at great financial expense, Plaintiff progressed from the levels of New OT V to New OT VII, which included studying all of the so-called Scientology NOTs materials and, in February 1990, Plaintiff completed the then highest-known Scientology level called New OT VIII. In addition, during the years 1982 to 1989, Plaintiff also continued extensive Scientology training on other Hubbard courses in Clearwater, Florida and became a well versed expert in a wide range of Commodore Hubbard's writings and procedures, both religious scripture and science fiction. For example, in 1982, Plaintiff did the special Commodore Hubbard process "L-10" at the Flag Land Base in Clearwater, Florida. After completing L-10 auditing Plaintiff should have been able to "exteriorize" and to travel to far away places without his body, as described herein. Despite his payment of over $500,000 to Defendants, and his successful completion of Defendants' required training, he has never at any time been able to do so.
219. Specifically, from the Fall of 1973 through to the present day, Plaintiff has
paid Defendants' for the following courses, and perhaps others:
(b) Hubbard Qualified Scientologist;
(c) PTS/SP Handling, Routing and Detection;
(d) Student Hat;
(e) Vol. O.E.C. (Org Executive Course);
(f) Executive Essentials;
(g) OT I Course;
(h) OT II Course;
(i) OT III Course;
(j) OT IV Course;
(k) OT V Course;
(l) OT VI Course;
(m) New OT VII Course;
(n) New OT VIII Course;
(o) Hubbard Dianetic Auditor;
(p) Hubbard Dianetics Case Supervisor;
(q) Hubbard Dianetics Auditor Internship;
(r) Hubbard Dianetics Case Supervisor Internship;
(s) Hubbard Academy, Level 0;
(t) Hubbard Academy, Level 1;
(u) Hubbard Academy, Level 2;
(v) Hubbard Senior Security Checker Course;
(w) Hubbard False Purpose Rundown Auditor Course; Hubbard Elementary Data Series Evaluator ("Investigation" Course);
(x) Hubbard Basic E-Meter Course;
(y) Hubbard "Hard TR's Course";
(z) Minister's Course;
(aa) Staff Status 0;
(bb) Staff Status 1;
(cc) Staff Status 2;
(dd) Hubbard Basic Word-Clearing Course; Basics of Ethics Course (1971-1992).
220. Specifically, from the fall of 1973 through to the present day, Plaintiff has paid defendants for Auditing Procedures, levels and "rundowns", including but not limited to the following:
Dianetics Drug Rundown
Hubbard Standard Dianetics Auditing
New Era Dianetics auditing
Method 1 Word Clearing
A. Interiorization/Exteriorization Rundown
B. Student Booster Rundown
C. Self Analysis (audited)
D. Clear Check (audited)
E. Expanded level O
F. Expanded Level 1
G. Expanded Level 2
H. Expanded Level 3
I. Expanded Level 4
J. Solo Auditing Preparation for OT Levels
K. OT I
L. OT II
M. OT III
N. OT IV
O. New OT V
P. New OT VI Solo Auditing
R. OT VII Processes
S. New OT VIII; and
T. Multiple Confessional Programs
U. Multiple False Purpose Rundowns
V. Multiple Eligibility Programs
W. Suppressed Person Rundown
X. Profession Intensive (rundown)
Y. End of Endless Interiorization Rundown
Z. Method 1 Word Clearing 1 (over again)
AA. Purification Rundown (1979)
221. Defendants fraudulent misrepresentations, and material non-disclosures, and Plaintiff's reasonable and detrimental reliance thereon, to his great damage, continued throughout his nearly 25 years of membership in the Scientology criminal enterprise and political machine controlled by Defendants herein. For example, while taking the Scientology courses in auditing, he was constantly reminded by Scientology "registrars" (whose job it Scientology enterprise and those of Defendants herein) of his "ruin" and that the next course or auditing or "brand new Hubbard breakthrough" would solve his "ruin," or "cure" his homosexuality and other mental and physical ailments, forever. At the time Plaintiff was persuaded that they could "handle" his homosexuality with "processing" they never advised him of the Hubbard Association of Scienotlogists International ("H.A.S.I.") Directive No. 152 stating that "persons with long homosexual histories" are "forbidden" from receiving "processing".
222. In 1995 agents of Defendants, including Mary Voegeding, implicitly referred to the "success story" of John Travolta in that regard while both John Travolta and Plaintiff were simultaneously "on course" and receiving "auditing" at Defendant's Flag Land Base in Clearwater, Florida. In addition, in every single Scientology course there was a Hubbard Policy Letter that coercively stated that Scientology (in Hubbard's view) was "man's only hope for any future at all" (or words to such effect) and, by way of implication and innuendo, that if Plaintiff were to abandon Scientology then he would abandon all hope, abandon Mankind's future and any chance of any personal well-being and "immortality" of any kind including the "handling" and "cure" of his homosexuality.
223. Defendants coercively indoctrinated Plaintiff into believing that Commodore Hubbard was the "Source", or the font, of all knowledge so Plaintiff was brainwashed into continuing to rely on Defendants' mis-representations and material non-disclosures including the fact that Scientology had not handled Commodore Hubbard's numerous physical ailments, or Captain Miscavige's asthma, both matters clearly indicating that Scientology does not "work," contrary to the public statements of Scientology public relations chief Defendant Heber Jentszch whose own wife (and friend of Plaintiff) died after her health problems were not "handled" by auditing eventhough Commodore Hubbard personally intervened to "handle" her, and Scientology spokesman Defendant Travolta publicly proclaiming that "Scientology works" whilst his own tragically impaired son was living proof to the contrary.
224. Similarly, Defendants failed to disclose to Plaintiff the murder of Susan Meisner, the shooting death of Captain Miscavige's mother-in-law, Flo Barnett, who was about to commit a "suppressive act", the true circumstances of the death of Plaintiff's friend, Quentin Hubbard (another homosexual who died at age 21) and the mysterious deaths of many hundreds perhaps thousands, of other Scientologists. Had this material information been timely and properly disclosed by Defendants to Plaintiff he would not have given them all of the monies, time, labor and trust that he did.
DEFENDANTS' ATTEMPT TO TAKE OVER THE CITY OF CLEARWATER
225. Because of Defendants' coercive indoctrination, group hypnosis, mental manipulation, brainwashing and mind control of Plaintiff, which he reasonably endured because Defendants' fraudulent misrepresentations and material non-disclosures, Plaintiff endured numerous organizational inconsistencies, indignities and injuries. For example, in 1975, when the Daytona Flag Land Base of Scientology was moved to Clearwater, Florida, all students and staff were given a briefing by Scientology officials working with Commodore L. Ron Hubbard and were instructed to lie to local Clearwater residents and officials to hide the fact that they were Scientologists. Specifically, Plaintiff and others were instructed, through orders issued from Commodore Hubbard, who was in hiding in King Arthur's Court, a temporary Scientology housing facility, in Dunedin, Florida, and through Defendant Jacqueline Van Der Linde, to maintain a false "front" as being personnel and students of "The United Churches of Florida" and to try to maintain this cover, or "shore story", as long as possible. The thwarted purpose of this fraud was to enable Defendants' to entirely "take over" the City of Clearwater in the State of Florida. Prior to Defendants' "coming ashore" in Clearwater, Florida, they had cruised the oceans of the world, unwelcome in any country or port, and had maintained false pretenses, or "shore stories", to conceal their real identity in order to avoid being ordered to leave whatever port their flotilla of up to three ships were berthed in.
DEFENDANTS IMPRISON PLAINTIFF
226. In 1983, while Plaintiff was a student on a course at the Celebrity Center Paris, France, he was taken from the course room, where he was the only remaining student, and ordered to go into a basement room where two naval-uniformed members of Commodore L. Ron Hubbard's para-military "Sea Org" were waiting for him. Plaintiff was ordered to pick up the electrodes of a "E-Meter" (an expensive Scientology religious artifact that is supposed to show things that are happening in the mind through its needle movements, etc. which then are interpreted as Hubbard instructed). Defendants' agents then locked the door of the basement room so that the Plaintiff could not voluntarily leave and threatened that if he did not cooperate he would be immediately expelled from the Church (by what is called a "Suppressive Person Declare" which, in Plaintiff's then coercively manipulated mind, was the worst fate that could befall him as a Scientologist).
227. As a result of the intimidation of Defendants' para-military Sea Org staff members, their verbal abuse and "squirrel" "sec. check", Plaintiff broke down in tears and agreed to cooperate with their demands. Plaintiff was then involuntarily interrogated as part of a Scientology religious process called "security checking", or "sec. checking", which, when engaged in by more than one auditor (a Scientology term for "counselor"), is colloquially known within Scientology as a "gang bang security check" or "gang bang sec. check." During this "gang bang sec. check", Plaintiff, having broken down in tears and agreed to cooperate, was interrogated (again on the E-Meter) about the most intimate and personal aspects of his sexual life. He was forced to confess to some happenings that had really concerned only himself and finally, only when he had no more private information to provide, he was allowed to leave the locked basement room and rudely dismissed from the premises of the Paris Scientology Celebrity Center.
228. Although very upset, Plaintiff was then required and obliged to travel, at his own considerable expense, from Paris, France to Clearwater, Florida, and to pay Defendants and their agents several thousand dollars to get a "repair" of the illegal action perpetrated upon him by the Sea Org staff members in Paris, on Defendants' behalf, losing much valuable career time and income in the process. Although the auditing process, and Plaintiff's preclear and ethics files, had been represented to him as being confidential materials subject to a claimed priest-penitent privilege, Plaintiff subsequently learned that the Sea Org officers who had "Gang Banged Sec Checked him," had gathered the staff at the Paris org. together in a meeting and had publicly revealed what Plaintiff had been forced to reveal to them during the "sec checking" process.
PLAINTIFF SIGNS A CONTRACT TO SERVE DEFENDANTS FOR ONE BILLION YEARS RELYING UPON FRAUD IN CONNECTION WITH HUBBARD'S DEATH
229. In February 1986, Plaintiff signed the Sea Org's "billion year" employment contract, as a direct consequence of the Commodore Hubbard's Death Announcement Event, which Plaintiff attended (in the front row and as a celebrity member of the Scientology enterprise) at the Flag Land Base Auditorium in Clearwater, Florida, and at which Defendant Captain Miscavige, "Loyal Officers" Pat Broeker and Annie Broker, and Attorney Earl Cooley, made material misrepresentations which Plaintiff reasonably relied upon to his damage and detriment including but not limited to:
(a) That, in accordance with the Scientology policy regarding the telling of an "acceptable truth", Commodore Hubbard's body had become such a restraint that he had to leave it behind or "drop" it, on a self-determined basis, in order to continue his research into upper OT Levels, whereas the real truth was that Hubbard had died as a degraded and hermit-like incoherent fugitive, unkempt with rotting teeth, long nails, withered appearance, having suffered a major stroke with numerous recent needle marks in his body and whilst being administered psychiatric drugs including but not limited to Vistril. Contrary to this real truth, Earl Cooley, Esq. had misrepresented to Plaintiff and others that he had personally inspected LRH's body after being called to the Creston Ranch and that he had found nothing wrong with LRH's body, that the body could have served LRH for another ten years and it simply seemed that LRH had decided to leave his body and had done so peacefully and without any kind of trauma;
(b) Pat and Annie Broeker had spoken with LRH at the Creston Ranch several days before his death and LRH had announced that he had to continue his research into the upper OT levels without his physical body, he asked them if the Scientology public would be likely to grieve for him, to which they replied, "Yes, sir, probably" and to which LRH responded "tell them from me that life goes on and that death is not an end and that [he] would see all of his Scientology friends again when he returned to "a cleared planet" and would then take them on to Target 2 which is the next planet to be cleared by Scientology infiltration and "overwhelm".
(c) The continued availability of the upper level materials beyond OT VIII, and despite LRH's death. Specifically, defendant Pat Broeker displayed a transparency on the screen of the auditorium on which was LRH's purported handwriting showing approximately 33 sets of 3 numbers in series representing an astronomical figure which represented a date which Defendant Pat Broeker claimed came directly out of LRH's OT X materials (which did not exist at least at that time) and that he had been personally assisting LRH with his research into the upper OT levels, was privy to them, was now personally in charge of them and was now a loyal officer under Commodore Hubbard's absent auspice.
(d) That, according to Defendant Pat Broeker, LRH had left all the subsequent OT levels up to OT XV (Total Freedom), in a state of readiness to be released when he (being Pat Broeker) and RTC deemed it appropriate. Plaintiff reasonably relied upon these misrepresentations to his damage and detriment believing that the entire future Bridge to Total Freedom was available to him when in fact it was not, as Defendants Captain Miscavige, Pat Broeker and Annie Broeker, and attorney Cooley well knew.
230. Commodore Hubbard would be supposedly supervising the new OT levels by some form of cosmic communication from the upper realms of OT, Plaintiff decided to assist the Sea Org's efforts and goals to "Clear The Planet" by becoming the OT Cramming Officer on the upcoming Sea Org OT VIII ship which subsequently was the M.V. Freewinds.
231. When Plaintiff signed the aforesaid Sea Org Contract, vowing to serve the Sea Org for the next one billion years, the Sea Org recruiter (De Ann Rule) put Plaintiff on a "Project Prepare" in which he had to eliminate all personal debts prior to activating his contract through a procedure known as the Fitness Board. Said debt elimination was required because Plaintiff and other Sea Org members would only be paid approx. $30. 00 per week, if at all, and fed perhaps just rice, beans and water and housed in uninhabitable "berthing" (sometimes filled with roaches), and Defendants would not be responsible for the debts of the Plaintiff and others. However, Plaintiff was subsequently required to continue to pay for Scientology auditing and therefore his debts increased, and he was thus prevented from completing the "Project Prepare". Defendants have never released Plaintiff from said one billion year contract of adhesion. Furthermore, Defendants have never disclosed to Plaintiff that he might actually have to serve Scientology for more than the next one billion years because, according to Commodore Hubbard, time is not necessarily sequential and in future lives Plaintiff may actually go back in time.
DEFENDANTS FURTHER DEFRAUD, DEVASTATE AND DESTROY PLAINTIFF
232. As a Scientologist, Plaintiff was also required, under circumstances of fraud and undue influcence, to give up his right of access to the regular judicial process, contemptuously known to Defendants as "wog justice", and to subject himself to the Defendants' justice system involving Committees of Evidence arbitrarily convened pursuant to the authority of the International Justice Chief of Scientology.
233. From 1991 and the present day, Plaintiff was the subject of vicious and destructive machinations by various Churches of Scientology which were engaged in tortious activity intended to harm Plaintiff's name, reputation and financial well-being to the benefit of Defendants and the detriment of Plaintiff. Defendants' intentional acts and omissions subjected Plaintiff to a tangled web of expensive "justice handlings" within the Scientology enterprise. As a result, and in addition to the intentional destruction of his personal and emotional well-being, Plaintiff had to pay the Defendants and others over $120,000 merely to clear his name of the untrue allegations and false accusations that certain of the Defendants had made against him.
234. Defendants' fraudulent misrepresentations to Plaintiff, as set forth herein, were continued through a Commodore Hubbard policy prohibiting Plaintiff from discussing his "case" with other Scientologists and thereby prevented him from learning of the experiences, abuse, deprivation and frauds being perpetrated upon other victims of Scientology. Defendants thereby intentionally caused Plaintiff to delay discovering the fraud they were deliberately perpetrating upon him by manipulating him into believing that any failures of Scientology processing and courses to deliver what had been represented, and not disclosed, was due to his own mistakes and errors and not a shared experience with others and which was a Scientology crime to discuss with others. Plaintiff's manipulation and isolation was aggravated by Defendants' use of so-called Scientology celebrities to engage in fraudulent misrepresentations directed to, among others, the Plaintiff. In October, 1997 Plaintiff became aware, of what the May 6, 1991 Time magazine cover story "Scientology, The Thriving Cult of Greed and Power", which referred to as Captain Miscavige's repeated joking to other Scientologists and staff members about John Travolta's allegedly "promiscuous homosexual" behavior which Defendants had previously prohibited Plaintiff from reading. A mere two weeks after the National Enquirer had published a report of John Travolta's two-year liaison with a male porn star, Paul Baressi, John Travolta married fellow Scientology celebrity, Kelly Preston, and thus at a material time contributed to Plaintiff's continuing belief in Defendants' express and implied misrepresentations, in part because of the example of Defendant Travolta and other celebrities recruited by Defendants, scientifically proven Scientology processing and courses would "handle" Plaintiff's own homosexuality.
235. After Plaintiff completed Scientology's most advanced course, New OT VIII, in February 1990, he returned to Paris, France, believing that his personal problems ("ruin") such as his homosexuality finally had been resolved. However, two months later, Plaintiff's "ruin", being his homosexual urges, returned even more strongly than before. Although Plaintiff had done the New OT VIII course on the M.V. Freewinds, at such great expense as to totally bankrupt him financially, he could not return to the M.V. Freewinds for further "handling" of his "ruin" unless he paid the Defendants even more money. Accordingly, as part of Plaintiff's volunteered effort to do better, he initiated a confession of sins with the hope of unburdening his conscience and with the trust that such would be kept within the bounds of the priest-penitent privilege and confidentiality represented in Hubbard's writings to exist within the Scientology enterprise. Contrary to Defendants' misrepresentations as to the confidentiality of Scientology processing, and the claimed priest-penitent privilege, Plaintiff's confessional statements were disseminated from the M.V. Freewinds to the Celebrity Center in Paris, France. Plaintiff suffered severe emotional distress as a result of Defendants' conduct in this regard which was for the purpose of causing Plaintiff's Scientology friends to "disconnect" from him, to not purchase his art work and thereby to destroy his business, and to otherwise engage in conduct contrary to the express representations and material non-disclosures, Defendants had made to Plaintiff throughout his 25-year relationship with the Defendants.
236. In April 1991, Plaintiff, being a professional artist of considerable repute, started an independent group of artists and art lovers for the purpose of assisting them to do better in the field of art as a result of learning from the experiences of Plaintiff. Plaintiff's art group successfully grew until April 9, 1991 when Mrs. Sarit Rosenberg, President of the Church of Scientology Celebrity Center in Paris, France, ordered Plaintiff to her office for a "interview." Plaintiff was ordered to cease all activities concerning his independent art group and was told that if he failed to do so his life in Scientology would be made "a living hell" by the use of Defendants' administrative personnel to cause all of Plaintiff's Scientology friends to "disconnect" from him, and that Scientology's upper management would cancel his "O.T. status" completely, and that official Scientology publications or "issues" would be directed against him, and they were. Defendants interfered with Plaintiff's independent art group, by threatening to destroy his continued association with Scientology which, in his mind at the time, and according to the teachings of Defendants, would forever prevent him from realizing the promised benefits of the "Bridge to Total Freedom," (and would deprive him of the immortality they had promised him) and would forever consign him to a virtual state of living hell even though Defendants have no concept of heaven or hell, or "deity", and Commodore Hubbard had actually mocked it, claimed to have visited the "rather shabby" heaven and that "there was no man on the cross".
237. Defendants' intentions in this regard were to maintain absolute "control" over any business, economic, artistic or celebrity actions by Plaintiff anywhere near the Church of Scientology Celebrity Center in Paris, France, or anywhere else. Plaintiff further knew, and then believed, as other Scientologists had since approximately 1976, when Commodore Hubbard wrote "this is our planet, move in", that Commodore Hubbard had effectively given Scientology sole possession of the entire planet Earth and that it should be assimilated into Scientology's own total and exclusive control, domination and use, including all people, financial wealth, media and political control and the internment and extermination of all those who stood in the way. Such persons are defined by Defendants as being "unethical" and "criminal" thus their elimination would create an ethical world without crime.
238. Consequently, Plaintiff's formation of an independent art group that was not under Defendants' direct control conflicted with the aforesaid supreme decree from Commodore Hubbard as carried out by Defendants. Notwithstanding, Plaintiff refused to disband his independent group of artists and art lovers, which was intended to improve his earning capacity. Defendants then used their official Scientology positions to ensure that the M.V. Freewinds Management organization cancelled Plaintiff's "O.T. status" completed on May 2, 1991, despite his having paid many hundreds of thousands of dollars to progress along the "Bridge to Total Freedom" towards alleged immortality. In addition, Defendants ordered those members of Plaintiff's independent art group, who were also Scientologists belonging to the Celebrity Center, Paris, Jean-Jacques Mazier to "disconnect" from Plaintiff, to telephone Plaintiff and to berate his personal character, advising him that they had orders from the President of Celebrity Center, Paris, to terminate all connection with him and to demand a full refund of all membership dues or other monies paid to Plaintiff as part of his independent art group. In addition, Defendants caused their staff members to write secret, false and defamatory "Knowledge Reports" ("KRs") concerning Plaintiff, so as to give the fraudulent appearance of multiple independent sources providing "False Data" about him when, in fact, such persons were only robotically relating what Defendants, through their agents, had instructed those persons to write. Said "Knowledge Reports" were sent, without the knowledge or consent of Plaintiff, to the M.V. Freewinds and to the upper management of the Scientology enterprise in order to destroy Plaintiff's reputation, to prevent Plaintiff from receiving fair justice and to prevent him from having a chance to properly defend himself before the Scientology courts of justice known as Committees of Evidence and Courts of Ethics.
239. The aforesaid conduct of Defendants destroyed the reputation of Plaintiff, caused him severe emotional and financial damage, and involved him in six further years of "carrot and stick", reward and punish, constant expense and effort to regain the New OT VIII level and other advanced levels which Plaintiff had completed at the expense of many hundreds of thousands of dollars but which Defendants had arbitrarily and fraudulently stripped from him as set forth above. During this period of time, Plaintiff was in communication with the most senior echelons of the Scientology hierarchy including Captain Miscavige personally. In 1996 Captain Miscavige ordered a meeting of those few Scientologists who had completed the new OT VIII level during which he advised them that Scientology's OT VII course had not worked, was not working, had been re-engineered, and would have to be done again by all those who had previously completed OT VII and New OT VIII. In addition those approximately 1,200 persons would have to again pay Scientology the subsequently increased price or tax-exempt "fixed donation" of approximately $20,000 before doing so again and even through they had already paid for those very same courses once already. However, at the instructions of Captain Miscavige, and others, Plaintiff was not permitted to attend this briefing because his O.T. status had been arbitrarily stripped from him by virtue of the reasons set forth above.
240. In his efforts to regain his New OT VIII status, and thereby regain the "past life handlings" and future life promises he had paid Defendants enormous sums of money for, Plaintiff discovered that Defendants, contrary to their earlier representations and material non-disclosures, to be engaged in the operation of a totally uncaring bureaucracy that was not interested in his physical well-being, his spiritual well being, his state of mind or the promised handling of his "homosexuality" but which instead seized upon any opportunity whatsoever to extract more and more money from Plaintiff, for services that did not resolve things at all, and all because senior Scientology officials had lied, in accordance with Defendants' policies, to make it look as though Plaintiff was guilty of "overts", "withholds", transgressions and misconduct against Scientology. As part of the continuing fraudulent misrepresentations being perpetrated by Defendants upon Plaintiff, they alleged that Plaintiff "must have done something to 'pull in' the trouble "to himself"." This Scientological teaching is a fraudulent misrepresentation because Defendants are institutionally incapable, in accordance with Commodore Hubbard's writings or policies, of doing anything wrong and that therefore, Plaintiff's continued "ruin" or "unhandled" homosexuality was his own fault and that whatever problems Plaintiff was having with Scientology only existed because certain evil persons and groups were trying to destroy it. Thus, Defendants continued to perpetrate upon the Plaintiff the material non-disclosures referred to herein, all in accordance with Defendants' policies and practices including that of "make money, make more money, make even more money."
241. In May 1991, the Master-At-Arms of the M.V. Freewinds, Ms. Christine McNocher, telephoned Plaintiff in Paris and advised him that there had been bad "Knowledge Reports" received about him. Without any specificity, the Master-At-Arms ordered Plaintiff to immediately report (at his own expense) to the M.V. Freewinds, in Nassau, the Bahamas, or a "Suppressive Person Declare" would be issued by Defendants and he would be expelled from the Scientology enterprise forever and thus stripped of all the "gains" these very same Defendants had promised he would achieve if he paid them the vast sums of money they coercively and fraudulently extracted from him. This caused Plaintiff severe emotional distress and he borrowed money from his parents in order to try to ensure his survival in accordance with Defendants' policies, practices and teachings. Not only was Plaintiff's ordered visit to the M.V. Freewinds very expensive, but he was treated extremely harshly and rudely which only worsened the emotional trauma and distress to which Defendants were intentionally and/or negligently subjecting Plaintiff. Defendants then ordered Plaintiff to return to the M.V. Freewinds for a "Committee of Evidence" the next month, June 1991.
242. In June 1991, at the orders of Defendants, and at his own personal expense, Plaintiff again travelled from Paris, France to the M.V. Freewinds. There he was held forcibly against his will and additionally was forced to pay $7,400 for further Scientology auditing that he could not afford at the time. Defendants even threatened Plaintiff with the withholding of his passport from him until such time as he paid the demanded amount of money. Plaintiff tried to retrieve his passport from the ship's "Port Captain's" office but his passport was being held in the safe and he was not permitted to retrieve it until such time as he paid the monies demanded and received the auditing processes ordered by Defendants. Without the monies Defendants had extorted of Plaintiff and accompanied by their threats of coercion, Plaintiff could not return home from the Netherlands Antilles. However, if he did not pay the extorted monies, and did not undergo the ordered auditing, Defendants would charge him a further $100 per day to remain upon the M.V. Freewinds all to his financial detriment and the continuing destruction of his art business. At the time, Plaintiff was unaware that Defendants also utilized the M.V. Freewinds to engage in their criminal and fraudulent conduct in international waters and to imprison major security threats such as Lieutenant Rathbun after he "blew his post", left Scientology and was "returned" to Scientology in late 1993/early 1994.
243. Contrary to their representations, and at the express written orders of Defendant Captain Miscavige, Defendants did not hold a Committee of Evidence regarding Plaintiff on the M.V. Freewinds in the Caribbean but instead ordered Plaintiff to travel at his own expense to Copenhagen, Denmark for the Committee of Evidence to be held there, which Plaintiff duly attended at his own and great expense but which was finally canceled by Captain Miscavige before it could deliver its findings publicly. In the meantime, on May 2, 1991, and contrary to the representations made to Plaintiff when he joined Scientology, Defendants stripped Plaintiff of his O.T. status in an "issue dated May 2, 1991. " Defendants' said conduct, contrary to public representations to the contrary, caused Plaintiff severe and devastating personal humiliation and distress and cost him the loss of large sums of money, time, labor and trust.
244. Defendants' "cycles of action" against Plaintiff were intended to, and did, severely damage him financially and put him heavily into debt. During 1990 and 1991, Plaintiff had given a total of $6,000 to WISE in order to obtain the right to use Hubbard Technology in his business, and to be a representative on a "Charter Committee." Defendants then in an official publication from the Paris Celebrity Center, "removed [Plaintiff] from post" in WISE but never refunded his money despite his having obtained nothing in exchange for it. Defendants further failed to disclose to Plaintiff that they have ignored the provision in the Secret IRS tax settlement agreement that W.I.S.E. be dissolved by 1995.
245. In the Summer of 1991, Plaintiff started a new business of making beautiful greeting cards for sale. Mr. Bruno Spinozzi, a fellow "public" Scientologist at Celebrity Center, Paris, became his business partner and together they invested substantial time and effort into the new business which had its first successes at a Paris trade show. In October 1991, Defendants then decided to destroy Plaintiff's new business and did so by ordering Bruno Spinozzi into Defendants' premises for an "interview" in which he was provided false, defamatory, negative and damaging information about Plaintiff and threatened with a discontinuation of his own route up the "Bridge to Total Freedom" in Defendants' Scientology Organization if he did not obey Defendants' instructions to stop doing business with Plaintiff. Defendants' threats so intimidated Bruno Spinozzi that he withdrew from the new business venture with Plaintiff and demanded Plaintiff buy back his investment and release him from all partnership obligations on the spot. Plaintiff, not having the time also to do Mr. Spinozzi's job in the new business, had to cease business operations.
246. In April 1993, as part of a "cramming and correction" ordered by the results of a Committee of Evidence requested by Plaintiff as part of his continuing efforts to clear his name, the case supervisor (or C/S) ordered Plaintiff to pay $7,400 and to take a security or "sec - check" as a result of Plaintiff continuing to maintain his innocence in connection with the False Reports made about him by Sarit Rosenberg of the Scientology Enterprises' Celebrity Center in Paris, France. The Director of Processing informed Plaintiff that he would be subjected to the best "Sec-checker" they had available i.e. , Katie Heller, a United States citizen. After approximately seven hours of gruelling coercive interrogation which Defendants call a "sec. check", Defendants could find no wrongdoing, or "overts" of any magnitude by Plaintiff. Plaintiff was then sent to "attest" to the completion of the sec check which he did, and wrote a "success story" in which he stated that he was relieved to have been finally found "innocent". The "Declaration of Innocence" was so unacceptable to Defendants' Sea Org Case Supervisor that, as punishment and retribution, Plaintiff was ordered back to further "sec-checking" or coercive interrogation, which also resulted in no wrongdoing being discovered. Both sec-checks were deemed by defendants to have exhausted the $7,400. Plaintiff had paid them in good faith but with no beneficial result in exchange.
247. In the Summer of 1993, Defendants subjected Plaintiff to a further attack upon his integrity and reputation. The "ethics" officer of the Scientology Celebrity Center, Paris was given orders to call in all of Plaintiff's Scientology friends and fraudulently misrepresented to them that Plaintiff had "stolen a document" from the M.V. Freewinds relating to the conduct of Mr. A.F. Rosenberg. Defendants also, and in accordance with their written policies and practices, told Plaintiff's Scientology friends other lies of a personal nature until they were in a state of shock about what a bad person he must be. Plaintiff's friends each were ordered to write a "Knowledge Report" on what they had learned from Defendants' representatives but to omit any reference to the fact that Defendants had provided them that "False Data." Said "Knowledge Reports" were then sent to Plaintiff's Scientology "ethics files" on the M.V. Freewinds and to the International Management of Defendants' Scientology enterprise without Plaintiff's knowledge or consent. Plaintiff did not receive copies of said "Knowledge Reports", and he only discovered these "Knowledge Reports" in 1996 when he was permitted to superficially inspect the contents of his Scientology "ethics file" at the Flag Land Base in Clearwater, Florida. At that time, Plaintiff discovered not only that a total of 23 false "Knowledge Reports" (KRs) had been written about him, 15 of which had not been disclosed to him, but that there were also two to three hundred pages of Scientology enterprise written telexes about him (many from "CMO") during the period of June to August 1993 alone. At that time, Plaintiff demanded to read the telexes but the "Ethics" Officer left the room with the "ethics" folders, removed the telexes and came back with "culled" folders so that Plaintiff could no longer see what had been written about him. Notwithstanding, Plaintiff concluded that a wide ranging conspiracy of considerable magnitude had been perpetrated against him by Defendants. Plaintiff learned further, that in July 1993, Ms. Olivia Pilo of the Scientology Celebrity Center, Paris, had telephoned business partners of Plaintiff in Milan, Italy, to ask them, on behalf of Defendants, if they had any "dirt" on Plaintiff that Defendants could use against him.
248. Defendants' attacks on Plaintiff, and the international repercussions of Defendants' attacks upon Plaintiff, not only destroyed Plaintiff financially, but pushed him heavily into further debt to the benefit of Defendants. Defendants destroyed Plaintiff's credit in France and it became impossible for Plaintiff to continue his career as an artist in France as a result of the incessant harassment from Defendants and their unrelenting pressure for even more money. Consequently, Plaintiff moved to Mexico to try to convalesce and regain his financial stability. Having been destroyed financially by Defendants, Plaintiff lost all of his possessions in Paris because he could not pay the property storage dues while he was attempting to re-establish his career in Mexico. In 1994-1995, Plaintiff found that he was unable to sell his paintings in Mexico because of that country's severe economic crisis, Plaintiff then proceeded to the Flag Land Base in Clearwater, Florida with the intention, and with faith based on Defendants' misrepresentations dating back 25 years, that his problems could be resolved by Defendants and their "processes".
249. From 1995 through the end of May 1997, Plaintiff's "condition" worsened because of Defendants' misrepresentations. The more Plaintiff tried to clear his name, and to regain the O.T. status he had paid for and had completed, the worse Defendants' treatment of him because at the time, Plaintiff had been so coercively indoctrinated, brainwashed, subjected to hypnotic suggestions and other methods of mind control,that he did not recognize the mentally manipulative effect of Defendants "carrot and stick", bait and switch "ethics" handlings, rewards and punishment.
250. In 1996, an RTC "Board of Review" issued a mild vindication of Plaintiff but still failed to take any corrective action to repair the vast damage that Defendants had inflicted upon him. All this time, the President of Scientology Celebrity Center in Paris Jean-Jacques Mazier was a greater source of income for Defendants than was Plaintiff and although the Rosenbergs were at the Flag Land Base at the same time as Plaintiff, Defendants, including Captain Miscavige, refused to get the Rosenbergs and Plaintiff together to try and resolve their mutual difficulties leading Plaintiff to conclude that money took precedence over Scientology's practice of justice as far as Defendants were concerned.
DEFENDANTS KIDNAP AND IMPRISON PLAINTIFF AGAIN
251. In June 1996, Defendants again held Plaintiff against his will, and falsely imprisoned him, in the Scientology building known as "Sand Castle Hotel" in Clearwater, Florida. Plaintiff was unlawfully detained by two naval-uniformed officers of the para-military Sea Org and was ordered to pay for further Scientology auditing before he would be released. Defendants demanded Plaintiff pay for a further 12. 5 hours of auditing at the New OT VIII level even though Plaintiff officially had no more O.T. status to attain and had previously paid $7,4000 for further auditing as set forth.
252. Although being falsely imprisoned and held under duress, Plaintiff courageously and repeatedly advised Defendants that he was heavily in debt, that he had no job or regular income and that he could not afford to pay the additional monies Defendants demanded. Defendants then suggested people from which Plaintiff could borrow the money and attempted to force Plaintiff to telephone these people, in the presence of the two interrogators, in order to borrow the money being demanded by Defendants from Plaintiff.
253. When Plaintiff refused to borrow further monies to pay for Scientology processing that was inconsistent with the O.T. status that had been stripped away from him, the naval-uniformed Sea Org officers refused to let Plaintiff out of the room and physically blocked the exit door to the reception area to prevent him from leaving of his own free will. After years of psychological abuse and injustice perpetrated upon him by Defendants, Plaintiff broke down in tears and wept in terror and grief, under the pressure and extortion being imposed upon him by the two naval-uniformed Sea Org officers. Plaintiff shouted and screamed for help and although the door to the room was partially opened, none of the Defendants' representatives outside responded in any way. The para-military Sea Org officers closed the door again and forced Plaintiff to sit down. They then changed interrogation tactics and began to condemn Plaintiff's alleged non-cooperative attitude, attacked his integrity and honesty and verbally threatened and harassed him. Still refusing to pay them the monies Defendants were attempting to extort from him, ($7,400) Plaintiff decided he had to escape.
254. Thereupon Plaintiff, while the two officers kept insisting that Plaintiff pay the monies demanded before he would be released from confinement, looked for a means of escape. Plaintiff noticed two doors in the small office and prayed to his Christian God that the outside door was not locked. Plaintiff slowly took to his feet to take his leave politely and firmly through the door to the reception area but his passage was physically blocked by the para-military Sea Org officers as they had repeatedly done before. Plaintiff then turned about and bolted through the other door and managed to get out of the building, into the parking area, into his parked car and down the street despite being chased by the naval-uniformed Sea Org officers, who had been imprisoning him against his will.
DEFENDANTS DELIBERATELY AND/OR NEGLIGENTLY ENDANGER PLAINTIFFS' SANITY, HEALTH, AND LIFE
255. At the end of 1996, while Plaintiff was still under the coercive indoctrination, hypnosis, mind control and mental manipulation techniques of Defendants, and supposedly being assisted by the president of Flag Service Organization, Mrs. Mary Voegeding, Plaintiff was ordered to attend a "briefing" in the restaurant of Scientology's Sand Castle Hotel in Clearwater, Florida. Plaintiff was informed that the Scientology senior management had discovered that the New OT VII level of Scientology had been delivered and applied erroneously and that its results on the "public" were in some unspecified way defective. Plaintiff was told that Captain Miscavige was waiting for the New OT VII and New OT VIII course members in a room in a secured and "confidential area" at the rear of the building to give all OT VII's and OT VIII's a personal briefing on the technical deficiencies discovered by Defendants "Inspector General" team. Plaintiff observed approximately 50 people at this meeting and they all filed out to go to the "secret briefing" to be provided by Sea Org Captain Miscavige. At the door to the confidential area, Plaintiff encountered seven staff members "filtering" who was allowed into Captain Miscavige's "confidential" briefing. Said staff members had a list of names who had been "cleared for entry." Plaintiff's name was not on that list and so Plaintiff was stopped at the door and denied entry even though he had in fact paid for and completed the New OT VII and New OT VIII levels. Plaintiff observed that about four people out of 50 were denied entry to Captain Miscavige's "briefing."
256. Despite Defendants' misrepresentations which had fraudulently induced Plaintiff to pay to go up Defendants' so-called "Bridge to Total Freedom," at great expense, time, trust and cost, and despite Plaintiff having paid for and completed New OT VII and New OT VIII, he never received clearance to be either at the briefing or to read the 13 page related publication at any later date. Subsequently, Plaintiff learned that Defendants "Inspector General Network" had found that New OT VII had been delivered to a paying public in a manner that lost its full effectiveness and, that in some way created poor or negative effects due to a substantial list of defects.
257. Because Plaintiff had paid for, done and completed New OT VII, it was reasonable for Plaintiff to assume that he should know what was so defective about his New OT VII training since, according to Defendants, it was one of the many Scientology processes and practices that had to be properly delivered, and since it had not been properly delivered, Plaintiff could be suffering undesirable and dangerous, even life threatening, effects on his entire life without knowing the source of his difficulties or "ruin."
258. Although various of Plaintiff's remaining Scientology friends claimed that Plaintiff's troubles must be coming from the faults, in New OT VII and its defective delivery and application, Defendants continued to deny Plaintiff access to the explanation or correction. Instead, Defendants treated Plaintiff as some kind of "undesirable" who had no civil rights, no other organizational rights nor even the status of a valid "person," and who was just a mere "particle" in Defendants' bureaucratic maze of inhumanity, despite the large sums for money Plaintiff had paid them and Plaintiff's membership in Defendants' Organization and his OT Ambassador status.
259. Defendants said "handling" of Plaintiff aggravated the various misrepresentations and material non-disclosures made by Defendants to Plaintiff and that dated back to the Fall of 1973 and continued until 1997. Defendants had taught Plaintiff that in order to do any O.T. level in Scientology, one must pass through the filter of "eligibility." Defendants had further taught Plaintiff that this was a system put in place by Commodore L. Ron Hubbard to weed out "undesirables" from getting at Defendants' confidential copyrighted materials and trade secrets and then using the data to enslave mankind or kill people by "overwhelm" through the power of the information contained in Defendants' confidential and secret scriptures which could only be accessed through payment of vast sums of money, and/or subjection to involuntary servitude as set forth herein. Despite most of the so-called "upper levels" of Commodore Hubbard and Defendants being broadly and publicly available in some books and on the Internet, the "eligibility" to see this already publicly divulged data and to do the O.T. levels is still in use by Defendants and was being imposed upon Plaintiff in 1997.
260. Defendants had also indoctrinated Plaintiff with the belief that Scientology is the only way out of the trap of life, that no other way out exists, and that the next steps on this invisible "Bridge to Total Freedom" could be denied, including immortality, as Plaintiff discovered, unless Plaintiff obeyed the whims of senior Scientology officials, particularly as to allowing Defendants "ethics officers" to delve into every aspect of Plaintiff's personal life and impose Defendants' demands in order that Plaintiff could earn and buy the right to any future progress towards freedom and immortality. Defendants also taught Plaintiff that a major factor in his progress to Total Freedom was the amount of money and dissemination of Scientology he had contributed before he could be "invited" on to the next "secret" level, despite those secret levels now being widely available upon the Internet and from other sources.
261. Defendants had also taught Plaintiff that without the "eligibility" authorizations, now provided by RTC under Captain Miscavige, Plaintiff would be "dead in the water" as far as any continuation in Scientology was concerned. Consequently, all of the Scientology auditing that Defendant had purchased would have been for naught and he would be denied the immortality and the handling of his "ruin" that Defendants had promised that going up "The Bridge to Total Freedom" would provide him. Plaintiff's own observations of severe and traumatic emotional upsets of other Scientology friends who had been denied, either temporarily or permanently, eligibility for their next Scientology level led Plaintiff to attempt to obtain "eligibility" and to see the 13 page "secret document" on New OT VII.
DEFENDANTS ATTEMPT TO DEPROGRAM PLAINTIFF OF HIS CHRISTIAN OR "OTHER" RELIGIOUS BELIEFS
262. Defendants expressly represented to Plaintiff in 1973, and have represented to the public at large since then, that one does not have to give up their "other" religious beliefs in order to become a Scientologist and that such "other" religious beliefs can be concurrently practiced consistently with Scientology. In late 1996, while attempting to obtain "eligibility" as set forth above, Defendant Danny Keogh, the former husband and current live-in-lover of Scientology celebrity, Lisa Marie Presley, learned that Plaintiff still maintained the Christian beliefs he had before joining Scientology in 1973. Defendant Keogh reported this matter, in a Knowledge Report, to Defendant Lieutenant Rathbun, one of Scientology's most senior international officials, who then personally subjected Plaintiff to a "religious deprogramming of Christian beliefs."
263. Defendants' attempt to religiously deprogram Plaintiff took place in two "interviews" or interrogations, using Scientology's religious and spiritual "counseling" device called the E-Meter as a lie detector. The religious deprogramming and interrogation, was conducted by Defendants in a small RTC office behind the lobby area of the Fort Harrison Hotel in Clearwater, Florida. Lieutenant Rathbun conducted the religious deprogramming as a harsh coercive interrogation which had the basic intent of forcing Plaintiff to give up his Christian religious faith in order to obtain RTC's "eligibility authorization" to see the secret New OT VII document. During this "religious deprogramming", Defendants, specifically Lieutenant Rathbun, repeatedly scoffed at, and made snide remarks about, Plaintiff's Christian religious beliefs as being invalid because they were contrary to those expounded by Commodore Hubbard. Lieutenant Rathbun was, at that time, RTC's "security officer" answering personally to Captain Miscavige, who is the commander of the Scientology para-military enterprise and who is its so-called world wide ecclesiastical leader. In and about the same time, Lieutenant Rathbun also "handled" the "situation" between Suzette Hubbard and her husband, Guy White, and his association with "suppressive persons", by employing among other things, coercive threats, blackmail and extortion. During the forcible "religious deprogramming" and accompanying "false data stripping" of Plaintiff, Lieutenant Rathbun repeatedly interrogated Plaintiff in a decidedly non-friendly manner on what his Christian and other religious beliefs were, and demanded to know all the names of persons to whom he had spoken to about his Christian faith (or "other than Scientology ideas") so that Defendants could go to those people and nip the "other" ideas and Christian beliefs in the bud and so prevent any Christian or religious aspects, or non-Scientology beliefs, creeping into Scientology or being practiced by its adherents notwithstanding Defendants' public statements to the contrary.
264. Defendant Lieutenant Rathbun and Mary Voegeding, as part of Scientology's "handling" or religious "deprogramming" of Plaintiff, put Plaintiff on a "program" or "cycle of action" to go over all of L. Ron Hubbard's quotes on God, religion, the Supreme Being, etc. in sessions of "False Data Stripping" in order to ascertain where Plaintiff had gone off the tracks and become interested in religion and Christ, contrary to L. Ron Hubbard's statements that "he had been to heaven" and "found it a scruffy kind of place," that "there was no man on the cross" and that "Jesus Christ never existed except as an aspect of an old mental implant."
265. During this "False Data Stripping" and "religious deprogramming", Plaintiff asked Defendant Lieutenant Rathbun repeatedly if he could be misunderstanding Hubbard's and RTC's intent as Plaintiff stated that he could not believe that, in order to be able to continue in Scientology, he would have to renounce his "other" Christian religious faith. Defendant was told that he had not misunderstood and that anyone practicing any kind of "other" religious faith would be shunned and ineligible to continue in Scientology as it was considered an "illegal other practices" under RTC policies. Plaintiff asked Lieutenant Rathbun if Plaintiff's Jewish friends would also have to give up their Jewish faith and was told that they were not permitted to practice Judaism and only permitted to describe themselves as Jewish as part of the Scientology enterprise's religious front.
266. During the religious deprogramming, Plaintiff began to realize that this ruse was used on every individual that ever wanted to progress through the confidential Scientology upper levels. In this manner, since Scientology was openly "Clearing the Planet," Plaintiff concluded that Defendants were engaged in destroying every other religion on planet earth, individual by individual, holding the secrets of Scientology as a sort of "slave-bait", "carrot and stick" and "bait and switch" fraud, to get those persons to renounce their "other" religions, despite Defendants' inconsistent representations to the public and statements to the contrary, and upon which Plaintiff had relied to his detriment. Plaintiff further began to realize that the religious deprogramming, covertly done person by person, over the years, would enable Defendants to achieve Scientology's intended goal of total world domination, or a "Cleared Planet" that Hubbard wrote into Defendants' Policies and which they practiced upon Plaintiff.
267. Defendants' religious deprogramming coupled with Defendants' coercive indoctrination of Plaintiff led Plaintiff to falsely conclude that his belief in Christianity and considerable spiritual gain outside of Scientology had caused him to commit a punishable crime against Defendants rendering him ineligible for more secret Scientology courses until he recanted his "other" Christian religious beliefs.
268. During the many hours of "False Data Stripping" that Defendants subjected Plaintiff to on the E-Meter, Plaintiff and the Sea Org staff member doing the E-metered action for several hours could only locate, in over 20 large volumes of Scientology and a dozen or so other books written by Commodore Hubbard, approximately six pages in total that had anything to do with a God, a religion, a deity, or a Supreme Being, leading Plaintiff to conclude that, contrary to Defendants' representations to him in 1973 that Scientology could be practiced concurrently with other religious beliefs, that the Scientology enterprise was really a non-religious, criminal and political organization virtually devoid of any religious belief and that nowhere within Scientology was there any kind of dealing with a God, a deity, a religion as such, a Supreme Being or things divine which Plaintiff believed in 1973 and thereafter to be the indicia of a bona fide religion that could properly claim the protection and benefits of the First Amendment to the United States Constitution and Section 501(c) of the Internal Revenue Code and that Scientology had procured court rulings that it was a recognizable religion through fraudulent misrepresentations and non-disclosures.
DEFENDANTS BLACKMAIL PLAINTIFF
269. In late May 1997, the President of Flag Service Organization, Mrs. Mary Voegeding, threatened Plaintiff, using the phone lines or "wires" through extortion and blackmail, by telling him that the contents of his recently volunteered "religious" confessions "just might come out publicly" if he left the Scientology organization. At all times prior to Defendants' attempted blackmail and extortion of Plaintiff, Defendants had represented to Plaintiff that these matters were all subject to the priest-penitent privilege and that they were contained in his "pre-clear" and "ethics" folder which were confidential and which would not be released or misused in any way. Plaintiff relied upon these fraudulent misrepresentations to his damage and detriment because Defendants concealed from Plaintiff their demonstrable history and practice of "culling" parishioners' pre-Clear and Ethics folders, and using such information for their own purposes relating to the coercion, control and/or punishment of Defendants' members or former members.
PLAINTIFF DISCOVERS THE DEFENDANTS' FRAUD
270. By June 1997, Plaintiff began to discover that Defendants' various representations to him, dating from 1973 through 1998, were in reality fraudulent misrepresentations and material non-disclosures and that Scientology was not a legitimate religion, that its claims to be a religion were a fraudulent and criminal facade, and that its claims to be consistent and compatible with other religions were merely part of the fraud that Defendants had perpetrated upon the Plaintiff. Accordingly, in June 1997, Plaintiff had become so disenchanted with the various practices and claims of Scientology, so destroyed by its policies, bulletins, "upper levels" and practices, and so dissatisfied with the services provided by Defendants herein, that he slowly lost his faith in, and in connection with, Scientology irrespective of the knowledge that Defendants would carry out their "fair game" practices against him for the purpose of destroying and ruining him utterly in accordance with Defendants' policy letters, bulletins and so-called copyrighted and trade secret "scriptures". Notwithstanding, and at least until May 29, 1998, Plaintiff was a member of the Church of Scientology and remains a lifetime member of the International Association of Scientologists, for which he paid Defendants $2,000. 00 and is still deemed by Defendants to be one of their OT Ambassadors.
271. On May 17, 1997, the aforesaid Mary Voegeding wrote a letter to Plaintiff stating that she did not know where he got the idea that his Petition for Eligibility had been refused and that he had used up all "lines" in order to get his Petition resolved. She further said that she felt compelled to tell Plaintiff that the Board of Review that was convened had cancelled all of the "injustices" against Plaintiff and that she understood he was trying to get the matter resolved which was her intention as well. To that end, Defendants' representative stated that there was obviously a personal "upset" with another parishioner and that there was a policy to resolve "this type of thing." She went on to state that she was trying to apply Scientology policy and that she looked forward to helping him out. Nearly one week after Voegeding's letter, Plaintiff again attempted unsuccessfully to regain the OT levels Defendant's had fraudulently stripped from him. Again, Defendants' efforts to regain his OT status failed, after giving Defendants nearly twenty five years of his time, trust, labor and money and reasonable relying, to his detriment, upon Defendants' representations and material non-disclosures in connection with Defendants' selling Plaintiff "The Bridge" and promising that they would cure or "handle" his homosexuality and other issues.
272. Contrary to the material misrepresentations, and material non-disclosures, of
Defendants and their agents, upon which Plaintiff reasonably relied to his detriment and
damage, Plaintiff has, among other things, discovered the following wrongful conduct by
Defendants despite Defendants' maintaining his O.T. Ambassador Status as recently as
May 2, 1998:
(b) That Defendants were engaged in the operation of a para-military, psycho-terrorist and politically subversive organization engaged, among other things, in the denial of the civil rights, and the human rights of the Plaintiff;
(c) That Defendants had maintained a totalitarian-like compartmentalization within the Scientology enterprise in order to prevent Plaintiff discovering the real truth regarding the actual nature of the Scientology enterprise and the material non-disclosures that Defendants withheld from the Plaintiff;
(d) That Defendants recruited and used celebrities to further their frauds and crimes against the Plaintiff as set forth herein;
(e) That Commodore Hubbard did not write many of the works that Defendants claimed to Plaintiff he did and that many of these works, and/or portions thereof, were plagiarized and stolen from others, some even having their source in black magic and Satanism. The works and authors plagiarized and stolen by Commodore Hubbard including those of: RenÚ Descartes (1596-1650); Benedict Spinoza (1632-1677); Oahspe (1882), a New Bible in the Words of Jehovah and his Angel Embassadors; Emmanuel Velikovsky; Alistair Crowley (The Cult Initiate) and M.L. Mathers (The Golden Dawn). To conceal his plagiarism, and to permit Scientology to engage in fraudulent copyright and trade secret filings and litigation, Commodore Hubbard made himself the Supreme God, created his own words, language and lexicon, rewrote the works of others and called them his own, and to that end, created a dictionary, axioms, ethics an initiations that he claimed were written by him who he labelled "Source" and decreed that no changes could be made to his writings, Policy Letters, Issues, Bulletins, etc., except by him. Accordingly, per standards tech., Scientology's written policies and practices are sealed in stone as of, at the very latest, January 24, 1986.
(f) That Plaintiff had a "direct line to Source", i.e. , Commodore Hubbard, and that the letters he received "from Ron" were genuine when in fact they were not;
(g) That many of the Defendants' so-called religious symbols, such as the Scientology cross, are in fact Satanic and/or black magic symbols contrary to representations Defendants had made to Plaintiff;
(h) That Commodore Hubbard had studied and practiced black magic and other satanic and occult teaching and rituals, such as those of Alistair Crowley, with Jack Parsons and Sara Northrup-Hubbard. Furthermore, that in the late 1940's Hubbard had practiced black magic and the occult in Pasadena, California and, among other things, had tried to create a "moon child" and had written "the blood letters" at that time (http://www.factnet.org/scientology/satanism.htm>);
(i) That Defendants do not tolerate the concurrent practice and existence of other religions by either its own members or others, contrary to representations Defendants had made to Plaintiff;
(j) That Defendants' statements to Plaintiff regarding its treatment and attitudes towards minorities such as women, non-whites, Arabs, Asians Blacks and gays were false and fraudulent and that Scientology was in reality a bigoted hate-group falsely claiming to be a bona fide, compatible peaceful church as part of a "Trojan Horse" vehicle or stealth attack to achieve its totalitarian objectives;
(k) That Defendants wrongfully failed to advise Plaintiff, at the time they recruited him, of their "war" against the Mental Health Profession and their use of tax-exempt monies and those of Plaintiff, to totally destroy the Mental Health Profession and every individual mental health practitioner, "psych-busting", the role of front groups and hate groups, such as Citizen's Commission for Human Rights ("CCHR"), and the CAN Reform Group, New CAN, the CAN Unit within OSA and the Bowles and Moxon "Plan 100" to maintain one hundred malicious and meritless lawsuits against the IRS Section 501(c)(3) non-profit educational Cult Awareness Network so as to totally bankrupt and destroy it, and fraudulently misusing one Jason Scott to that despicable anti-social end that turned the non-profit corporate and tax laws on their head, a plot to murder Ford Greene, Esq. and then CAN President Cynthia Kisser and her daughter, the destruction of old CAN by Kendrick L. Moxon, Esq. and others, as described by the Washington Post and other Media in late 1996, and additionally in early 1994, and by the CBS Sixty Minutes TV Show in late 1997;
(l) That Defendants had engaged in fraud in not telling Plaintiff about the criminal history and massive criminal activities of Department 20 of OSA including but not limited to the conduct of covert intelligence activities, some for foreign governments, "Operation Snow White" and the other widespread illegal conduct of Defendants' discovered by the Federal Bureau of Investigation in the largest raids ever undertaken, on the Church of Scientology. Defendants subsequently claimed that these criminal activities had been conducted by a small unit within the Guardian's office and that all persons responsible for this criminal conduct had been expelled from Scientology. Plaintiff has recently learned that this was not true and that, in fact, some of the old Guardian's office B1 - B2 unit, such as unindicted co-conspirator such as Kendrick L. Moxon, Esq., are now occupying significant positions or "posts" within the Scientology enterprise and others are conducting covert operations on behalf of the Scientology enterprise. Furthermore, the 1988 Hat Pack, or job description, of the president of CSI, Heber Jentszch, contained many policy letters, bulletins and instructions on how to commit criminal activities, that had been contained in the B1-B2 "Hat Pack", some of which are even the original Guardian's office issues. Furthermore, Defendants had failed to tell Plaintiff of their policy and practice of segregating Red Box Data which Defendants define to include documents evidencing the involvement of Scientology or Scientologists in criminal activity;
(m) That Defendants had engaged in fraud in not telling Plaintiff of the real truth regarding L. Ron Hubbard's background, Satanic practices, illicit drug use, psychiatric drug use, the abuse of his wives and children, abuse of his followers, abuse of the legal system, criminal convictions, and the "suspicious" circumstances, and fraudulent conduct, preceding, surrounding and following his death;
(n) Defendants had engaged in fraud in not telling Plaintiff, at the time of his recruitment, about Hubbard's attitude toward children as being "expensive inconveniences" and that Scientology Sea Org staff members are routinely ordered to have abortions because children interfere with "production" and require "family time";
(o) Defendants further engaged in fraud by not telling Plaintiff, at the time of his recruitment or thereafter, that they maintained special schools, and cadet org. facilities, where children were coercively indoctrinated, subject to substandard living conditions and diet, subjected to hard labor, indoctrinated with L. Ron Hubbard's study tech to their academic disadvantage, subjected to sexual and other abuse that was not timely or properly remedied and punished by Defendants, subjected to deficient diets and allowed to be plagued by such things as head lice and other infestations.
(p) Defendants engaged in fraud by not disclosing to Plaintiff the various matters referred to in a document called "Separate Statement Linking Declarations to Claims Filed in Connection with F.R.Civ.P. Rule 11 Request" in the case of CSI v. Fishman and Geertz, many of which were and are available on the internet in the form of the Declarations of Andre Tabayoyon, Mary Tabayoyon, Robert Vaughn Young, Stacy Young, Hana Whitfield, Vicki Aznaran, Richard Aznaran and Lawrence Wollersheim;
(q) Defendants had engaged in fraud, through material non-disclosure, against Plaintiff in connection with the death of L. Ron Hubbard and the administration of the L. Ron Hubbard estate. Some of these facts and material non-disclosures were set forth in an "Ex Parte Petition for Stay in Proceedings in Estate of L. Ron Hubbard", California Superior Court, County of San Luis Obispo, Case No. 20885. Specifically, Captain Miscavige concealed the following material facts from the Plaintiff:
(r) That Defendants had engaged in fraud in not advising Plaintiff of the full extent of the Rehabilitation Project Force, alleged Scientology-related deaths, suicides and financial frauds and Scientology's past criminal convictions, public investigations, lawsuits and other anti-social activities and conduct in violation of the Constitutional and civil rights of both its own members and its critics. Specifically, Defendant John Travolta was personally aware of the existence of the Rehabilitation Project Force through personal observation and the experiences of one of his former friends. Defendant Travolta, in his capacity as a principal Scientology spokesperson upon whom Plaintiff reasonably relied, failed to make public statements designed to inform Plaintiff of the deprivations associated with the RPF concentration camp-like facility at the New Era Film Studios at Gilman Hot Springs near Hemet, California, and other such "gulags" located elsewhere in these United States and abroad;
(s) Defendants also failed to ensure that its other celebrity spokespersons and recruiters, including but not limited to Tom Cruise, Nicole Kidman, Mimi Rogers, Kelly Preston, Isaac Hayes, Maxine Nightingale, Chic Corea, Edgar Winter, Lisa Marie Presley, Priscilla Presley, Mario Feninger, Cyprien Katsaris, Xavier Deluc, Julia Migines-Johnson, Michael Roberts, Bob Adams, Parker Stevenson, Craig Jensen, and others, were fully and properly briefed, informed and knowledgeable as to all of the activities of the Scientology enterprise as alleged herein before permitting and/or requiring them to make false and/or misleading public statements and/or representations in support of Scientology, many of which were reasonably relied upon by Plaintiff to his manifest damage and detriment.
(t) That contrary to their representations, Defendants do use hypnosis, brainwashing, mind control and other mentally manipulative and coercive indoctrination techniques. Defendants also failed to inform Plaintiff that they regularly employed "Black Dianetics" or "Reverse Processing" to manipulate, injure or destroy persons perceived as engaged in thought processes and conduct antithetical to Defendants. Defendants define "Black Dianetics" as hypnotism.
(u) That Defendants omitted to tell Plaintiff that it obtained IRS Section 501(c)(3) tax-exempt status through intimidation, misuse of his monies contributed to Defendants, the use of private investigators, blackmail, and other matters which are more properly described in the March 9, 1997 New York Times article written by Doug Frantz. Defendants also failed to tell Plaintiff that it conducted further forms of tax fraud in connection with obtaining its tax-exempt status, as set forth in the secret IRS closing agreement, by removing and destroying documents that otherwise might be inspected by the IRS. By way of example, former Scientologist Andre Tabayoyan subsequently testified that he removed twelve ocean-going sea containers of commingled RTC, CSI and other documents from the Defendants' base at Gilman Hot Springs, where Captain Miscavige principally works, prior to the IRS inspection in connection with Defendants' coerced settlement with the IRS. The land on which the 12 ocean-going sea containers of concealed documents had been located was then backhoed to camouflage the fact of their former location. (http:/wpxx.02. tax1. uniwuerzburg.de/~krasel/CoS/aff/aff_at.html).
(v) That Defendants had misused monies that Plaintiff contributed to and donated to them by engaging in criminal conduct, fraudulent conduct, financial fraud, loan fraud, credit card fraud including but not limited to "the Amex Card Cycle", tax fraud, and the use of lawyers (such as Samuel D. Rosen, Barbara Reeves, Paul Hastings, et al., law firm and private detectives (such as Eugene Ingram) to intimidate, silence and destroy all those who criticized Defendants, the activities of Defendants or who otherwise might expose the fraud that was being perpetrated upon Plaintiff and to, inter alia, require some attorneys and others to make certain kickbacks to Defendants, such as the purchase of limited editions, "special properties" and/or artwork. Recalcitrance resulted in threats and blackmail being made by the use of wires;
(w) That Defendants also failed to disclose to Plaintiff that Scientologists cannot, per Scientology policy, testify without bias or truthfully against the interests of a Scientologist or Scientology and that they are subject to violations of the laws of civil and human rights if they fail to testify according to TR-L (Training Routine Lying), the policy letters entitled "Hatting the Witness" and "Addendum to Hatting the Witness", and to tell "acceptable truths" as defined by Defendants' policy;
(x) That Defendants had misused Plaintiff's contributions and "fixed donations" for the purpose of improperly recruiting, abusing and even imprisoning children and teenagers in violation of applicable wage and labor laws, and other basic human rights and basic human dignities entitlements, upon the fraudulent claim that they were religious volunteers engaged in religious activities;
(y) That contrary to the Defendants' representations, express and implied, to Plaintiff, Defendants engaged in the systematic abuse of families and children and prohibited all Sea Org staff members at the Flag Land Base in Clearwater, Florida, and elsewhere from having children, and ordered woman to have abortions, even if they were married and wished to have children, under threat of expulsion from the Sea Org;
(z) That Defendants misused Plaintiff's contributions such as Scientology "front groups" donations with fraudulent claims regarding A.B.L.E., Applied Scholastics, The Way To Happiness, Narcanon, and Criminon, CCHR, etc. and Defendants' improper pressure upon certain Los Angeles City Council members in connection with the renaming of Berendo Street as L. Ron Hubbard Way and the fraudulent representations the Los Angeles Unified School District in connection with the use of Hubbard text books in Los Angeles' Schools, all without Plaintiff's knowledge and consent;
(aa) That Defendants misused Plaintiff's contributions and fixed donations in connection with their representations as to the treatment, handling and ultimate internment and extermination of homosexuals, and the treatment, or "off loading" or "dumping" of ill, "broke" and/or older Scientologists and Sea Org staff members who were no longer financially productive to Defendants;
(bb) Defendants also failed to disclose to Plaintiff that their Narconon and Crimanon programs were, in reality, an ineffective public relations sham, closed down in some countries, and that persons at certain Narconon facilities were housed in substandard, freezing cold housing infested by rats and other vermin along with program participants who were engaging in major drug use upon the Narconon premises, and that Narconon program participants had been subjected to dangerous processes and practices that resulted in human indignities and health problems including liver damage, massive hair loss and other permanent health damage.
(cc) At the time of his recruitment, Defendants also failed to disclose to Plaintiff their HCO Bulletin (revised as of 26 August 1992), entitled "Pain and Sex," where L. Ron Hubbard writes that pain and sex are invented tools of degradation which interfere with the production of money for Defendants.
(dd) That Defendants misused Plaintiff's contributions and fixed donations in connection with their claims to "Clear the Planet," create "an ethical society" and a "world without crime and drugs" and failed to timely disclose to him that "Clearing the Planet" meant ruling the World, eliminating and/or exterminating critics or opponents of Scientology and that an "ethical" planet meant one ruled only and exclusively according to Scientology practices and further that "criminals" were those who were impeding the Scientology enterprise worldwide takeover;
(ee) That contrary to Defendants' representations, Plaintiff was subjected to dangerous and life-threatening practices in connection with the "Purification Rundown" even when he was sick, pursuant to Commodore Hubbard's rule that "what turns it on turns it off" even if the illness resulted from the sauna and other "prescribed" vitamins in excessive doses pursuant to Defendants' "Purification Rundown". Defendants also failed to disclose to Plaintiff that persons with liver conditions, such as former alcoholics and persons with Hepatitus C, were routinely cleared for the "Purification Rundown", and the consequent prolonged unsafe exposure to high sauna temperatures and the administration of dangerous quantities of niacin and other vitamins;
(ff) That Defendants fraudulently misused Plaintiff's contributions and fixed donations in connection with their handling of psychotic breaks known as "Potential Trouble Source Type III" and the use of the "Instrospection Rundown", and other Scientology policies, practices and processes, resulting in alleged murders, suicides, instructions to commit murder and suicide, financial fraud, damaged bodies, broken families, damaged minds and destroyed lives, all of which Defendants failed to timely bring to Plaintiff's attention. Furthermore, Defendants failed to explain to Plaintiff what has happened to the thousands of Scientologists who have literally disappeared, some later to be discovered dead, in mysterious circumstances as represented by the German ARD television documentary "The Dark Side of Scientology," and disclosed in the Tampa Courthouse files relating to the death of Lisa McPherson;
(gg) Contrary to Defendants' claims, the use of the E-Meter and the practice of auditing was a dangerous and potentially life-threatening fraud;
(hh) That Defendants engaged in misrepresentations and material omissions to Plaintiff, in connection with the use of portions of his monies and donations for the activities of OSA, lawyers and private investigators against former Scientologists, critics of Scientology and the like;
(ii) That contrary to Defendants' claims to Plaintiff, Scientology does not work as claimed and the "Bridge to Total Freedom," from the Personality Test through new OT VIII, and all related writings such as Dianetics, The Modern Science of Mental Health, Scientology, A World Religion Emerges in the Space Age, What is Scientology, and all of the so-called Advanced Technology, or upper levels, are a fraud despite Defendants' contrary representations, and material non-disclosures, made to Plaintiff;
(jj) That in blatantly defiant violation of U.S. Federal Court injunctions, and contrary to their express representations to Plaintiff that Defendants were law abiding entities and peaceful citizens, Defendants were engaged in the unlawful practice of medicine through various of Commodofe Hubbard's policies, practices and procedures, such as Nots 34 and the related use of the E-Meter;
(kk) That Defendants, and each of them, contrary to their misrepresentations and material omissions to Plaintiff, used parts or all of Plaintiff's contributions and donations for the purpose of a vast criminal and fraudulent conspiracy intended to infiltrate and take over the world, all governments, media and businesses, and generally to act contrary to anything Plaintiff would knowingly have agreed to provide his labor, contributions and donations for had Defendants timely disclosed such matters to him;
(ll) That at the time of his recruitment, Defendants did not advise Plaintiff that they would, in effect, censor the information on Scientology that he would be permitted to receive from the non-Scientology or "wog" world. Specifically, any anti-Scientology material, called "entheta press" by Defendants, could not be read by Plaintiff, thus permitting Defendants to continue the fraud and other wrongful and illegal conduct being perpetrated upon the Plaintiff. In such manner, Defendants ordered Plaintiff not to read or otherwise access materials that may have otherwise permitted him to discover the frauds and other wrongful conduct alleged herein, such as: (a) the over 8,000 newspaper and magazine articles, in English alone, that have been critical of the Scientology enterprise; (b) books such as: A Piece of Blue Sky - Scientology, Dianetics and L. Ron Hubbard Exposed by John Atak; The Scandal of Scientology by Paulette Cooper; Scientology: The Now Religion, by George Marko; The Mind Benders by Cyril Vosper; Inside Scientology by Robert Kaufman, Religion Inc. - the Church of Scientology, by Stewart Lamont and L. Ron Hubbard, Messiah or Madman by Bent Corydon; (c) magazine and newspaper articles such as Readers' Digest, L.A. Times, Time Magazine, Gauntlet, Daily Mirror, Esquire, Premier Magazine, Spy Magazine, the New York Times, Washington Post, and the Wall Street Journal; (d) television documentaries such as Cranada T.V.'s The Shrinking World of L. Ron Hubbard, Nightline, ARD (Germany), April 2, 1997, the Dark Side of Scientology; 60 Minutes, Turning Point, or that Defendants had acted to prevent the CNN organization from airing two extensively researched documentaries on Scientology and its activities; (d) with Defendants' censorship activities extended to the Internet, the seizure of dissidents' computers, computer files and books. For example, Netcom, Erlich, Lerma, FactNet, Grady and Ward; (e) that Defendants' censorship and propaganda activities would extend to "spamming" the Internet with thousands of websites for Scientologists, designed to "overwhelm" and block out anti-Scientology material on the Internet, and the requirement that Scientologists use filtering devices, referred to as the "Scientology Netnanny," to prevent Scientologists from accessing Internet sites of "suppressive persons" and Internet sites containing material critical of Scientology or of particular Scientologists.
(mm) Defendants' material non-disclosures to Plaintiff, involved among other things, their policy and practice of preventing his exposure to any materials and information critical of Scientology, thus delaying his discovery of the Scientology enterprise being a mafia-like, international commercial enterprise and political movement maintaining the post-founding pretense of religiosity in order to operate tax-free in countries where it was convenient to do so.
(nn) Among other things, Defendants prevented Plaintiff from timely learning that: L. Ron Hubbard had been found by a California court to be "a pathological liar when it comes to his history, background and achievements" and that he was in hiding at the time of his death which was accompanied by many irregularities. Church of Scientology v. Armstrong, Los Angeles Superior Court, Case No. C420153 [http://www.kvalito.no/~xenu/arcive/armstrong, and http:/www.sklynet/~sloth/sci/armstrong.html]
(oo) The Church of Scientology had instituted its operation "Snow White" and "Project Target Dodell" to conduct the largest- ever known infiltration of the United States government, and at least 12 of its major departments, including the IRS and the Justice Department. Furthermore, that 11 of L. Ron Hubbard's subordinates, including Defendant Mary Sue Hubbard, received prison sentences for their parts in these vast criminal activities which included theft of U.S. Government documents, obstruction of justice, and other "fair game" related activities against the United States Government. Moreover, that Defendant Moxon was an unindicted co-conspirator in these matters and his material role in the obstruction of justice and falsifying of documents was discussed in the 284-page stipulation of evidence between the Scientology enterprise and the United States Department of Justice.
(pp) In 1992, the Church of Scientology had become the first religious organization in Canada to be convicted of criminal conduct. Specifically, stealing documents from law firms, public associations and government entities as well as breach of trust. Furthermore, that in the mid-1990's Defendants had been ordered to pay millions of dollars to a Canadian lawyer, Casey Hill, for slandering his reputation in furtherance of Defendants' "fair game policy".
(qq) In 1996, former French Scientology leader, Jean-Jacques Mazier had been convicted of second degree murder and fraud in driving Scientologists Patrice Vic to suicide (negligent homicide) and that 13 other Scientologists had been convicted of fraud and other misdemeanors in the same trial. (rr) That in 1948, Commodore Hubbard had been convicted of fraudulent conduct in San Luis Obispo, California, and again, in 1978, Commodore Hubbard had been convicted of criminal fraud in France, and sentenced to a four year prison term. Although convicted in absentia, Commodore Hubbard had never exercised his right to go France and contest the conviction. The same judgment against Commodore Hubbard also sentenced Henry (Hank) Zaarhuis (Scientology's executive director for France), Jacqueline Valentin (president of Scientology, France) and Georges Andreu to prison sentences of one to three years.
(ss) The president of CSI, Heber Jentzsch, had been arrested in Spain in 1998 and, after 30 days in prison, had been freed on $1 million bail and pending trial, along with many other Scientologists, on criminal charges that included infiltrating government agencies, stealing government documents and tax fraud.
(tt) Scientologists had been convicted of Scientology-related criminal conduct, including fraud, in other nations such as Italy and Switzerland.
(uu) Evidence of Scientology-related instructions to commit murder, suicide and financial fraud have been posted all over the Internet as a result of the Church of Scientology International v. Fishman and Goertz, USDC, Central District of California, Case No. CV916426HLH.
(vv) Scientology had not chosen to be a church in Greece where it traded as a "center for applied philosophy".
(ww) In France, the Ministere de L'Interen et des Cultes, had stated that it was totally out of the question to consider any Church of Scientology application for religious tax-exempt status and that an Assemble Ú Nationale (French Parlaimant) report on cults had concluded that Scientology appears to be one of the most "dangerous" groups.
(xx) In 1998, Scientology had been ordered to close permanently and liquidate in Greece after police raids on Scientology facilities had disclosed, among things, "enemy lists" including the name of the head of the Greek Orthodox Church. Defendants also failed to disclose to Plaintiff that the Greek court of appeal had described Scientology as an organization with totalitarian structures and trends, aiming at power and money and applying dangerous methods without preventing the possibility of suicide of its members who were brainwashed. In addition, it held that Scientology was an economic enterprise and not a religion.
(yy) That Scientology is under police and secret service surveillance in Germany which considers it to be a threat to democracy as a totalitarian conspiratorial movement with global political aims, and a commercial enterprise engaged in commercial and other frauds.
(zz) That Scientology had been denied tax-exempt status in many German states because it is a commercial enterprisean organization which under the disguise of a religious group combines elements of business crimes and psycho-terror against its own members with economic activities and sectarian traits, and that the focal point of their activities appeared to be in the area of economic crimes.
(aaa) A high ranking member of Scientology's Office of Special Affairs, Kurt Weiland, had twice been convicted of criminal slander (of another religion) in Germany, fined and judicially threatened with imprisonment.
(bbb) That on October 11, 1994, a member of the German Parliament had asserted that "Scientology was not a religion but a conspiratorial movement with global political aims." Furthermore, that German labor minister Norbert Blum had stated that "Scientology is not a church or a religious organization. Scientology is a machine for manipulating human beings." In addition, during September 1994, the German Federal labor minister had said he regarded "the sect as a criminal money laundering organization which, under the cover of religion, wants to spread its blinded ideology worldwide and stops at nothing to do so." Moreover, he had stated: [it is high time by now to use all public means to make it clear to the ringleaders of this cartel of oppression, which despises human beings, what they are: criminals! Scientology is trying to span the world like a giant Octopus: potential members are driven into psychological and physical dependence. They are brainwashed, their personalities are systematically destroyed. Then they are exploited materially without restraint. Although all of this is known to us far too little has been done so far to fight this organization really effectively.]
(ccc) Similarly, that Renate Rennebach, a Social Democratic member of Parliament, had called for the Scientology enterprise to be outlawed saying:
Scientology is far the most dangerous and most widespread of the psycho terror groups. Moreover, Scientology, despite official denials, is pursuing an expansion strategy that strives for nothing less than global domination. Germany today, tomorrow the world.
(ddd) That in 1994, officials in Bremen, Germany, had passed resolutions forbidding Scientology from calling itself a not-for-profit organization stating "we are convinced that the organization, in contradiction to the ideals proclaimed in their statute, is pursuing financial goals as its highest priority". In September 1993, at the same time as the United States Internal Revenue Service granted Scientology tax-exempt status, the Breman government had ordered this Scientology organization to report every commercial endeavor just like any other commercial enterprise and effectively denied it tax-exempt status. It was further stated:
we are convinced that this organization, as opposed to their alleged idealistic aspirations, primarily pursues commercial goals. It will no longer be permitted to present itself as a charitable society while offering its products and recruiting new members.
273. Similarly, a Christian democratic youth leader, Stefan Schwartz, had stated:
it is a psycho-sect that makes people financially dependant on it and then squeezes them like lemons.
274. Similarly, an investigation conducted by the German Department of Criminal Prosecution had concluded that Scientology is a "ideology with pronounced totalitarian ground rules, whose goal is the economic exploitation of clients who've been made dependent. These ideas, goals and practices are not compatible with the norms and values of the constitutional laws." In addition, the German labor court had also ruled that Scientology must be treated like any other commercial enterprise and that it is not a tax-exempt non-profit organization.
(eee) That Commodore Hubbard had said that he had been to heaven, discovered it to be "a scruffy kind of place", that there was "no man on the cross" and that he would return as the anti-Christ.
(fff) Commodore Hubbard's policies and practices provided for the Scientology enterprise to "take over the control or allegiance of key political figures", the heads or proprietors of all news media, those who monitor international finance and to "clear the planet", exterminate undesirables (such as homosexuals) and rule the world according to Scientology (e.g. , "Targets, Defense": HCOPL 16 Feb. 1969, Reiss. 24 Sept. 1987). Those who stood in the way, or who criticized Scientology, were to be labeled criminals liars and ultimately exterminated.
(ggg) Commodore Hubbard and all American Scientologists, had been banned from entering Great Britain during the 160's and that the English High Court had held that Scientology is immoral, socially obnoxious, corrupt, sinister and dangerous and that its essential practice, auditing, "is a process of conditioning, brainwashing and indoctrination."
(hhh) Scientology had been banned in Rhodesia and in certain states in Australia and that restrictions had been placed on it, and Scientologists, in Great Britain and New Zealand.
(iii) Scientology was not permitted to run schools in Lausanne, Switzerland, because the Scientology methods of teaching were "dangerous."
(jjj) Scientology did not operate as a church in either Israel, Sweden or Mexico.
(kkk) Scientology had framed critic Paulette Cooper on false bomb threat charges which were only dropped after the FBI discovered the relevant documentary evidence of Scientology's involvement during its 1977 raids on Scientology.
(lll) Scientology had been the subject of numerous damning government investigations in various countries resulting in reports such as: the Anderson Report, the Foster Report, etc.
(mmm) Scientology had drills to teach Scientologists how to lie, in courts, to the media and even to the U.S. Congress in a convincing manner.
(nnn) That the former head of Defendant Religious Technology Center, Vicky Aznaran, had publicly stated: "This is a criminal organization, day in and day out. It makes Jim and Tammy Baker look like kindergarten." Time Magazine, May 6, 1991, p. 51.
(ooo) That plaintiff's friend, the late Lisa McPherson a Scientologist engaged in fraudulent business activities for the benefit of the Scientology enterprise, had (in November 1995) been engaged in a traffic accident after which she fled naked down the street screaming for help. That she had been taken to a psychiatric hospital and had been removed, against medical advice, by Scientology staff members. That 17 days later, after being kept under a 24-hour watch, and being handled according to Scientology's "Introspection" or "Isolation Rundown", she had died. During her last days she had spat out food, banged violently on the walls of her room (cell) and hallucinated. That the coroner had found her covered with cockroach bites and opined that she had been deprived of water for at least her last five to ten days and had died of a blood clot brought about by severe dehydration. Prior to the accident, Lisa McPherson had told her parents that she was leaving the Scientology enterprise and would be home by Christmas.
(qqq) The Defendants engaged in baseless and contrived issue of judicial restraining orders to prevent certain Scientology critics from demonstrating outside, and picketing, Scientology facilities because, among other things, such activities cause Scientology staff members to defect from the enterprise.
(rrr) That these material non-disclosures are only a few of the numerous adverse judicial, legislative, public inquiry and executive branch condemnations of the activities of Defendants and the policies and practices of the Scientology enterprise which have been issued by almost all of the nations of the western world. Had Defendants permitted Plaintiff to access these various judicial, official investigation, legislative and executive branch pronouncements as to the fraudulent and criminal nature of the policies and practices of the Scientology enterprise, he would not have suffered the deprivation of civil and human rights, and the financial exploitation and destruction, that he endured for nearly 25 years.
275. Defendants' criminal and fraudulent conduct directed at Plaintiff also included, but was not limited to, the following documents, policies, practices, procedures and activities which were material non-disclosures, when Defendants' recruited the Plaintiff:
(a) The HCOB titled "The By-Passed Case" written by L. Ron Hubbard and denoted as "Top Secret" wherein Hubbard describes the fact that it is possible for a Thetan (in this case, meaning a person receiving auditing) to go all the way up the "Bridge" without ever actually getting any auditing himself as a spiritual being, but paying for hundreds or thousands of hours of auditing, at a cost of at least four hundred thousand dollars, without any personal benefit whatsoever. The Plaintiff read this HCOB in 1982 at the Sand Castle Scientology (Clearwater, Florida) courseroom for New OT VI in a "pack" with other "top secret" and "trade secret" documents.
(b) The document written on May 2, 1991 that stripped the Plaintiff of all "O.T. status" in one fell swoop without any recourse. The Plaintiff had paid a great deal of money (approximately $500,000. 00) to Defendants for the "O.T." levels and then Defendants publicly cancelled his attainment of them without due compensation.
(c) The denial, by Defendants, of the Plaintiff's Constitutional, human and civil rights to fair justice by Hubbard's policies preventing access to any national justice system of legitimate recourse for real wrongs perpetrated against the Plaintiff by Defendants.
(d) The use, by Defendants, of a deliberate and calculated attempt at the overthrow of national (including the United States) justice systems by the deliberate abuse of these national justice systems as a weapon of chaos, disarray, harassment, disenchantment and painful injustice until, in the ensuing chaos, Defendants can impose "as a solution" its own Hubbardian "justice policies," take control of the entire national justice system and thereby secure Defendants' planned take-over of the national government by the fact that no one could then prevent it, as national justice procedures (including the U.S. Supreme Court) will then be in the sole hands of Defendants herein.
(e) The application, by the Sea Org, of Commodore Hubbard's directive of (circa) 1976: "THIS IS OUR PLANET, MOVE IN!" and the ensuing devouring of the resources of individual human beings and the high pressure abrasive tactics drilled into Defendants' "registrars" from the groups comprising the Defendants. The Defendants' goal of "taking over the Planet" and imposing a worldwide totalitarian Scientology government upon it was not disclosed to Plaintiff when Defendants recruited him.
(f) The strenuous creation, maintenance and amplification of a false and misleading "front" of a clean, well-intentioned group working for the good of "Mankind" with self-sacrificing devotion whereas, in reality, as Plaintiff has now discovered, the Defendants named herein, were actually working behind this false front in a direction that was 180 degrees the opposite, and through which Defendants impoverished Plaintiff by excessive "donations" of multiple kinds and amounts of money. Defendants also worked constantly to ensure their own "survival" at any and all costs to Plaintiff, regardless of the consequences to Plaintiff, and especially with regard to perceived "enemies" even within the loyal following and even "educating" lawyers such as Samuel D. Rosen, Esq., and Barbara Reeves, Esq. of the hitherto reputable Paul, Hastings, Janofsky & Walker law firm, and Gerry Feffer, Esq. of the Williams & Connally law firm, to call opposing litigation counsel "enemies", to lie about facts and other matters to judges, and to treat them in accordance with standard scientology technology ("standard tech") which includes the application of "Fair Game" to opposing counsel and the conduct of litigation wars of attrition using litigation juggernauts and blitzkriegs.
(g) Contrary to Defendants' representations to Plaintiff, he discovered that Defendants' representations at their frequent "false front" rallies were either unverifiable, false and/or contrary to his own personal observations of the truth. Moreover, that Defendants had misused his financial contributions and his time, trust and loyalty to the detriment of many of Mankind, and had used the notion of "Clearing the Planet" (per Hubbard's writings) to clear away Plaintiff's personal funds, credit, wealth, well-being and real personal empowerment. Defendants are, through their policies on "weekly stats", a self-serving monster-machine that sacrificed Plaintiff to Defendants' own arrogant self-images and ends.
(h) Specifically, by way of example only, Defendant Starkey and others have misrepresented to Plaintiff that certain of Hubbard's books such as Dianetics, Battlefield Earth and Mission Earth, were on the New York Times best seller list at the number one point for several weeks when the true facts were that Defendants carried out a secret operation using personnel from throughout the Scientology enterprise, and using monies Plaintiff had contributed to, to purchase those books back from retail book stores as false and fraudulent customers to create a false front and fraudulent claim of a best seller when in fact the book(s) was a poor seller.
(i) In addition,Defendants Lesevre and Jentszch and others misrepresented to Plaintiff the total number of Scientologists worldwide as being in the many millions when the real facts were that the total number of active Scientologists world wide was only in the low hundreds of thousands which Plaintiff personally observed through over 300 personal visits to various Scientology organizations and missions from 1979 to 1996, and that the majority of persons who received Scientology services did so for an average of 18 months before leaving Scientology disillusioned and defrauded. Defendants also failed to disclose to Plaintiff that former senior management Scientologist Robert Vaughn Young had actually invented the original figure in response to a media inquiry and because Scientology must always be seen to be expanding that Defendants had periodically inflated the fraudulent membership figure upward. By way of further example, in a satellite-transmitted event from Los Angeles, Defendant Lesevre falsely claimed that a certain group of award-winning Field Staff Members ("FSM's"), some from Mexico, had increased the total worldwide active membership of Scientology by 12,000 people whereas in reality there had been triple and quadruple counting of persons who were not even members as they had merely attended seminars in Mexico for a weekend and were thus only "active" Scientologists for a mere two days. Plaintiff contends that Defendants' false and inflated membership statistics were part of the fraud defendants perpetrated upon him.
(j) The fraud perpetrated by the Defendants of selling Plaintiff an "OT VIII bracelet" for the sum of $3,250, whereas its true value at resale in 1994 was $125.
(k) The experience of Plaintiff in January 1986, at the Flag Auditorium in Clearwater, Florida, when Captain Miscavige, Pat Broeker and Annie Broeker gave the news of the death of L. Ron Hubbard to Plaintiff, as part of an official "event," but wherein the true facts presented later turned out to be untrue and fraudulently misrepresented. The Plaintiff alleges fraudulent and criminal misrepresentation and non-disclosure of the relevant details relating to the death of L. Ron Hubbard, and the subsequent management of Scientology in key aspects since that date. The Plaintiff thereafter paid in good monies and earned funds on the basis of the misrepresentations, and material non-disclosures, made by Defendants Miscavige and the Broekers in the whole "passing of L. Ron Hubbard" sequence of events where they merely stated that Hubbard had "dropped his body" to "continue his research elsewhere" whereas the undisclosed truth was at shocking varience with Defendants' representations.
(l) The activities performed by the Guardian's Office, and in particular by Defendant Jacqueline Govan (now Jacqueline Van Der Linde, of Clearwater, Florida) in direct and personally coordinated manipulations by Commodore Hubbard (now deceased), Defendant Mary Sue Hubbard and others, to involve the Plaintiff, by the coercion of group loyalty, in the false front called "United Churches of Florida" in 1975 and 1976. Defendants knew and intended that the "United Churches" contrived appearance was a sham, but instructed Plaintiff to lie publicly to prevent discovery of the Scientology presence in Clearwater by the local civic authorities. Defendant Van Der Linde worked to perpetrate this contrived fraud, as did others in the Guardian's office and the Sea Org Miscavige was part of this as a "Commodore's Messenger."
(m) The experience by the Plaintiff, in 1996 of a filmed psychological conditioning technique called "Orientation." In this film produced by Defendants as part of the intense hype of Defendants, Plaintiff was subjected to an attempted hypnosis brought about by the content of the film that "anyone not doing Scientology should use the solution of blowing their brains out" (which Hubbard also calls "R2-45", or route out of this life using a 45 caliber pistol). This hypnotic suggestion was later used on Plaintiff by Lieutenant Marty Rathbun in the Flag Land Base in Clearwater, Florida. Plaintiff has now discovered that the technique was, apparently, designed to provoke a suicide by any followers who might think of, or act upon, the idea of leaving Scientology. Plaintiff then learned that Commodore Hubbard's Policy Letter that refers to the fate of opponents or detractors of Scientology acts as a basis for the hypnotic suggestion in that film. Plaintiff alleges that Defendants have used on him Commodore Hubbard's hypnotic and destructive techniques to create harm to the Plaintiff without either his informed consent or knowledge.
(n) The takeover of the entire Scientology enterprise by Captain Miscavige. This takeover commenced in 1980 with Captain Miscavige's overthrow of Defendant Mary Sue Hubbard as Guardian, allegedly on Commodore Hubbard's express orders, the perpetration of frauds and false pretenses upon Commodore Hubbard himself by Captain Miscavige, the alteration (by Captain Miscavige) of orders issued by Commodore Hubbard to others of the Defendants herein, the fraud in connection with Commodore Hubbard's 1982 will, 1983 codicil, 1982 copyright and trademark transfers to RTC, 1986 will, 1986 and 1987 agreements with Hubbard's heirs and family members, the fraudulent concealment of material information regarding the surrounding circumstances of Commodore Hubbard's final years, death and cremation, the fraudulent and criminal transfer of Commodore Hubbard's copyrights, trade marks and other intellectual property through Norman Starkey to Defendants RTC and CST and the associated fraud and duress upon Commodore Hubbard's heirs and rightful copyright awards due inter alia, to the "will bumping" provisions of the 1909 Copyright Act.
(o) Furthermore, the manufacturing of false allegations against Defendants Pat and Annie Broeker in order to remove them as Commodore Hubbard's successors and Captain Miscavige's orders that Pat and Annie Broeker be held under armed guard at Scientology's high desert para-military base at Gilman Hot Springs, near Hemet, California, where Defendant Annie Broeker remains, today and from where Defendant Pat Broeker was allowed to leave subject to constant Scientology monitoring and surveillance. In addition, the fabricated removal of RTC inspector general, Vicki Aznaran and RTC executive, Jesse Prince and Captain Miscavige's orders that they be held under armed guard at the Scientology high desert base at Gilman Hot Springs where Vicky Aznaran was compelled to run around a pole in the hot desert sun for 12 hours a day, one hour one way and one the next, before finally escaping. Similarly, Jesse Prince was held for years under armed guard before he finally escaped with the help of local Indians (Exhibit "E"). These facts were material non-disclosures to Plaintiff as were Captain Miscavige's iron-fisted subsequent running of the Scientology enterprise and his violent treatment and insults to senior Scientology executives as well as his personal involvement in the "fair game" activities of the Scientology enterprise directed at persons such as: Julie Christopherson, Gerald Armstrong, Lawrence Wollersheim, and Jason Scott.
(p) The action, by Defendants, of prescribing excessive and dangerous doses of niacin and vitamins during the "Hubbard Purification Rundown". In this program, in 1979, under the supervision of the Scientology case supervisor, the Plaintiff was instructed to take, over a period of approximately three weeks, such daily doses as 10,000 mg. (40 pills of 250 mg. each for the first three days) of vitamin B1 and up to 5 grams (5,000 mg. of niacin, etc.) and subjected to no less than five hours a day in a sauna at a constant high temperature. During this "Purification" program perpetrated upon Plaintiff without adequate disclosure and informed consent, Plaintiff suffered temporary but very distressing, paralysis and vomiting during the Defendants-supervised minimum of five-hour daily sauna sessions in a sauna at extremely high heat. The promise to Plaintiff, in the Hubbard Communications Office Bulletin (HCOB) on the program administered by Plaintiff, was that it would make Plaintiff survive the Third World War. However, Plaintiff suffered hardship and barely survived the hazardous doses of sauna and vitamins, all resulting from misrepresentations and material non-disclosures, of Defendants. Furthermore, Defendants failed to advise Plaintiff that the "Purification Rundown" had caused serious illness and even death in some people and that the Scientology enterprise had paid money to settle threatened resulting lawsuits.
(q) The practice, by Defendants, of creating a moronic and/or docile permanent dependency on themselves by Scientology followers through the methods of inner esoteric language, elimination (by indoctrination and by auditing and training) of a follower's sociability in the "wog" (non-Scientology) world, and by alienation of other spheres and support structures of society that otherwise followers might enjoy in the absence of Commodore Hubbard's critical written tirades, tapes, policy letters, issues and bulletins.
(r) The use, by Defendants, on many occasions of the "eligibility" process by RTC to degrade, vilify, control and secure contribution and blind loyalty of the Plaintiff. As part of this Plaintiff was subjected to an emotionally wrecking religious deprogramming by Lieutenant Rathbun and RTC.
(s) The trespassing on Plaintiffs' rented premises, by the President of Flag Land Base, Mary Voegeding, and by Danny Keogh (Lisa Marie Presley's husband) in late 1996 at 1540 Gulf Blvd., Clearwater, Florida. This is a secured building, but said persons broke in and entered it illegally by bypassing undetected two security perimeters and were waiting for Plaintiff to return home so that Plaintiff would be "handled" to prevent bad consequences to Defendants from Plaintiff's most severe "upset" after the RTC "religious deprogramming".
(t) The fact that the "New OT VIII" paid for and completed by the Plaintiff, was at variance with the Hubbard outline written in the Hubbard Communications Office Bulletin on the "tech line-up" and on the future O.T. levels being, one by one, each longer and more onerous than the previous one. New OT VII took Plaintiff seven years to complete, but new OT VIII took only three weeks, for a result that was demonstrably "non-OT." Attesting to the "end phenomenon" was a revelation of the truth that the "buildup" and hype of Defendants was not met by a corresponding result delivered. Plaintiff's experience with "New OT VIII" causes him to allege fraudulent misrepresentation of the magnitude of this Scientology level, as to all of Scientology's copyrights, training, processes and "upper levels."
(u) The fact that Commodore Hubbard and these Defendants introduced dangerous, and coercive techniques and procedures into Scientology, and thence into the life of the Plaintiff, without his knowledge or informed consent by including data learned from notorious black magic practitioners such as Alastair Crowley (aka "The Beast 666") and Jack Parsons with whom Hubbard tried to create a satanic moon child in Pasadena, California in the late 1940's and Defendants' failure to disclose, to Plaintiff, the contents of: the Affirmations, the Blood Ritual, Hubbard's damning letters to his three wives, the voluminous files that the Federal Bureau of Investigation maintained on both Hubbard and his Scientology enterprises, and the massive amount of damning documents seized by the F.B.I. in its two largest-ever, raids upon Scientology facilities in Washington, D.C. and Los Angeles, California, in 1977. These documents are now part of the publicly available records of the U.S. Department of Justice and F.B.I.
(v) The fraudulent series of actions and omissions by RTC and other Defendants in the refusal to allow Plaintiff to have access to the information in the "secret" 13 page document written by Defendants' "Inspector General" on the defects of the delivery, practice, results and techniques of the "New OT VII." Plaintiff alleges fraud and misrepresentation in the delivery of his own "New OT VII" which caused the most severe emotional, spiritual and mental suffering in the life of the Plaintiff from 1982 onwards. Denial of access by physical barring, and by the spurious need for a new "eligibility," requiring a definite relinquishing of the Plaintiff's religious convictions, by order of Captain Miscavige and Lieutenant Rathbun and RTC as a specific condition of access was a breach of the Constitutional rights of Plaintiff as well as a cruel and unusual procedure. This was especially so in light of the fact that Plaintiff did "New OT VII" and had several "life difficulties" in many "areas" afterwards.
(w) Specific denial of self-chosen Christian religious practices by "ethics" handlings that deem those beliefs to be "other practices" which are therefore, by RTC practice and Commodore Hubbard's policies, to be eliminated from the life of the follower of Defendants as part of required Scientology conditions before any further progress on the "Bridge to Total Freedom" would be permitted by Defendants.
(x) The specifically denoted anti-democratic nature of Scientology, as indoctrinated by Commodore Hubbard and Defendants in the policy letter "Keeping Scientology Working" No. 1, which was not disclosed to Plaintiff at the time of his recruitment. This indoctrinated Plaintiff, while he was in Scientology, to have a disdain for the constitutionally designed system of all democratic governments. Furthermore, RTC and other Defendants actively worked to expand the anti-democratic "cluster of fanatics" called collectively "Scientology" and this was not disclosed to Plaintiff at the time of his recruitment into the Scientology enterprise.
(y) The hazardous and anti-"wog" brainwashing writings of Commodore Hubbard, and his "destructive" enterprise called Scientology, that alienated Plaintiff from valid non-Scientology groups and persons who could have materially benefitted Plaintiff, and thereby created a less ample life for Plaintiff for a period of nearly twenty-five of his life's most fruitful years, none of which was disclosed to him when Defendants recruited him.
(z) The negative influence to Plaintiff's detriment, over a period of nearly 25 years by the popular in-group neuroses and psychoses copied from Commodore Hubbard by virtually all loyal followers, and by Defendants in particular, e.g. , the notions that the police are always destructive, that enemies abound everywhere against Scientology, and that it is fashionable to be critical of everyone Commodore Hubbard criticized, etc.
(aa) The malicious practice by Defendants of harassing Plaintiff (in "ethics" and "confessionals") for any critical thoughts, comments, and writings, but failing to treat their management's own criticisms in a like manner. This was particularly arduous for the Plaintiff in trying to establish his innocence (never conceded fully even after six years of continued efforts and at least $150,000 in costs) after the attack upon him by false "Knowledge Reports" from Sarit Rosenberg and others of Celebrity Center Paris and OSA Paris, as set forth elsewhere herein.
(bb) The blatant and harmful inconsistencies in Scientology, applied against Plaintiff by Defendants, including the Hubbard teaching that "a thetan is basically good" and then the "Fair Game" type or style of active applications that deny any goodness in the person. Plaintiff alleges that the Hubbard standard "tech," applied upon him by Defendants without adequate informed consent, contains destructive and insidious inconsistencies which have harmed his well-being.
(cc) Defendants' open and harmful practice of riveting the total attention of Plaintiff, on the almost absolute necessity to "have total faith in the tech" and to leave no room or attention or time for placing faith in a deity, God or Supreme Creator. Thus, while misrepresenting the non-religious nature of Scientology, Defendants effectively eliminated the Plaintiff's opportunities for genuine Christian religious faith in God, divine self or any other notion of deity. This denied Plaintiff many years of active Christian religious practice and was detrimental and damaging to him.
(dd) The fraudulent practices of the International Association of Scientologists ("IAS") where it denies, in practice, the advertised goals it is supposed to have, and instead used funds from the trusting Plaintiff to: lobby local, state and the federal governments; antagonize foreign governments, such as Germany and Sweden for example; feed its own image with expensive "public relations"; and generally create new "wars" for Defendants to use to extract further donations from Plaintiff. Defendants failed to disclose to Plaintiff that the IAS took over one million dollars from Gerhard Haag, in Germany, to "protect and defend Scientologists . . ." and that when Haag and his business were later ruined by "enemies" of Scientology, stirred up by rabid International Association of Scientologists creations of antagonisms, the IAS refused to render assistance to Haag. Haag was totally ruined and had to flee to painful exile in Albania. As Haag was a major customer for the Plaintiff's paintings thereby Plaintiff was materially and extensively harmed by this criminal and fraudulent conduct of the IAS which had secured his paying membership with representations of behavior to the contrary.
(ee) Defendants pretending to be a religion whereas its religious content, both in theory and practice, instead of relating to the infinite, is in fact only relatively infinitesimal and is illustrated merely by way of curiosa in the Hubbard writings. This failure to really BE a religion while strenuously and avidly (for tax purposes and avoidance of governmental scrutiny) portraying Scientology as a "religion" was a major deception, fraud and misrepresentation that Defendants perpetrated upon Plaintiff and that negatively affected and damaged the Plaintiff over many years.
(ff) Defendants inducing Plaintiff to pay for their Ministers Course, which requires only several days of study and "play" such as "doll drills", but which entitled Plaintiff to wear a clerical collar, perform weddings and to call himself a Reverend. After Plaintiff had assisted with the unsuccessful defense of Commodore Hubbard on charges of fraud, in 1978, Defendants arbitrarily stripped him of his status as a Scientology reverend because it would be a public relations problem if the media learned that a Scientology reverend was gay. Since Plaintiff had to be a "minister" in order to use an E-meter in Paris at that time, he could no longer perform the functions of his post at the Paris Org. Plaintiff went to Commodore Hubbard personally. Plaintiff was advised that although he could remain in Scientology, he would have to pay a $30,000 "freeloader's debt" in order to do so.
(gg) Defendants, through WISE's accepting Plaintiff's funds (of at least $6,000) and then failing to deliver any service of commensurate value and the failure by WISE International to defend Plaintiff when he was under attack by Celebrity Center, Paris. Instead, Defendants told Plaintiff that any monies WISE would receive from him, at that time, would be specifically designated to expand WISE's influence in Russia and to infiltrate the government and business hierarchy of Russia with the aim of taking them over for WISE, which it did specifically in connection with the provision of Scientology training to the new Prime Minister of Russia. Said monies were also used for Scientology's "Albania Project" and various fraudulent business activities in Germany. Said conduct of Defendants was breach of the good faith and fiduciary duty they owed Plaintiff.
(hh) The Hubbard goal of getting the preclear to be "three feet back of his head" was applied to Plaintiff by Defendants, particularly during such processes (both in training and auditing) as "Opening Procedure by Duplication" and L-10, as well as in other Scientology procedures. This goal effectively goes towards the disconnection of the human spirit from the traditional "spiritual centres" that allow connection with one's divine self, etc. and is therefore a practice that is directly anti-religious contrary to Defendants' representatives, is contrary to Plaintiff's own Christian beliefs and was a material non-disclosure when Defendants recruited Plaintiff.
(ii) Defendants' advertising of "OT states" influenced Plaintiff, particularly from early Advance Scientology magazines. No such "O.T. states" were delivered by Defendants to Plaintiff despite the many hundreds of thousands of dollars paid to Defendants by Plaintiff. Defendants' frantic and perpetual drive for "higher stats" was instrumental in denying Plaintiff adequate inner peace to be able to progress in contact with any concept of a Supreme Being. This was especially onerous where Defendants were constantly pressuring Plaintiff for more monies, more donations, more course points, etc.
(jj) The fanatical drive of Defendants' International Scientology management for "more money, more stats, more donations" was, in its incessant invasiveness a major factor which led to the Plaintiff losing whatever course and case "gains" might have accrued during Scientology services at various times. In this way, by the focus being almost exclusively on financial contributions without end from Plaintiff to Defendants, and through the coerced creation of erroneous and major personal debts thereby, was the Plaintiff denied the potential alleged benefits from the services he had paid for and worked for so hard. Contrary to their representations, Defendants' focus was NOT on the personal well-being of Plaintiff and other Scientologists but was virtually exclusively the opposite.
(kk) The no-results and bad results Plaintiff obtained in his dealings with Defendants in his association with them, particularly the denial of effective measures to obtain financial and material recourse and/or damages resulting from the attacks on Plaintiff from Celebrity Center, Paris.
(ll) The destruction of several of Plaintiff's businesses by Defendants through various harmful and treacherous methods in the name of Scientology fanaticism.
(mm) The insidious practice by RTC, and collaborated with by the other Defendants, of using "eligibility" procedures with no firm guidelines or definite standards which failed to act as a prevention of human "whims" in deciding a Scientologist's whole future, was destructive to Plaintiff. Moreover, the planned systematic requirement of relinquishing "other religious practices" is a covert method of destroying, in the silent privacy of an "ethics" handling, the congregations of all real religious faiths, one person at a time, and was forced upon Plaintiff by Defendants to the detriment of Plaintiff and his lifelong Christian belief.
(nn) The all-pervading active practice and pervasion of the idea that "MAN IS HERE TO SERVE SCIENTOLOGY" rather than the advertised notion of "Scientology is here to serve Man" is the reverse of Defendants' representations to Plaintiff which very severely prejudiced and damaged the Plaintiff. The factual reality of Scientology was the fraudulent opposite of what had been put forward in promotional literature, Hubbard's writings and in verbal representations by Defendants to the Plaintiff. The bright side of the "IMAGE" of Scientology was what the Plaintiff paid for. The dark side and true side of the Scientology financial, political and racketeering enterprise is what the Plaintiff received.
(oo) False billing of Plaintiff by Defendant Flag Crew Org in 1998.
(pp) The criminal inequity where the Plaintiff was held to reveal all his misdeeds, but where Defendants concealed all their misdeeds and stacked up "withholds" ("an unspoken, unannounced transgression against a moral code by which the person was bound").
(qq) Defendants' kidnapping and false imprisonment of Plaintiff in Paris, France, on M.V. Freewinds in 1991 and at Flag Land Base in 1996. These incidents were severely harmful to Plaintiff.
(rr) Defendants' fraud upon Plaintiff, whereby it was broadly advertised that "OT VIII CAN ONLY BE DELIVERED ON A SHIP" so Plaintiff donated monies to contribute to the purchase of the M.V. Freewinds. In fact, as Plaintiff discovered after doing OT VIII, it could also be delivered on a land base (and is intended to be so delivered by the "Universe Corps"). Contrary to Defendants' representations as to why they needed vast amount of funds to purchase the M.V. Freewinds, the IAS' real intention was just to get off the land and into international waters so as not to be held accountable for its fraud, other illegal and wrongful conduct and "war tactics." The public or "shore-story" was, as usual in Scientology, very different, if not the exact opposite, from the reality behind the scenes.
(ss) Defendants' Fraud Upon Plaintiff. On about 1995, when Plaintiff was at the Flag Land Base in Clearwater, Florida, at a public event, Defendant Michael Rinder and another Scientology senior executive misrepresented to Plaintiff that the CSI v. Time Magazine litigation had been settled, and that Defendants were very happy with what they had received, whereas the real truth was that Defendants lost their lawsuit, on summary judgment, against Time Magazine, which was filed ostensibly on behalf of Plaintiff, among others.
(tt) Defendants' fraud upon Plaintiff in not disclosing the heavily armed, fortified and dangerous character of the Scientology base at Gilman Hot Springs, the military assault weapons and other armaments on the M.V. Freewinds, and the armaments at other Scientology locations at http://www.wpxx02. taxi.uniii-wuerzburg.de /~krasel/cos/aff/aff-at.html).
276. The various misrepresentations, and material non-disclosures, made by Defendants to Plaintiff regarding the "Bridge to Total Freedom", which in reality is the Bridge to Total Servitude, the handling of his "ruin" and his resulting immortality, were false, misleading and untrue in numerous respects including, but not limited to, the following: the Bridge To Total Freedom, and Defendants' upper levels or Advanced Technology, were not about religion, self awareness or self improvement but were merely a means of extracting money from the Plaintiff in return for false promises and material non-disclosures, such as Hubbard's own writing and statements including but not limited to "Let's form a religion, that's where the real money is," and "Make money, make money and make more money." Moreover, and contrary to Defendants misrepresentations to Plaintiff, once he was enticed into the destructive and dangerous cult called Scientology through high pressure sales techniques, other even less savory methods were used to extract everything he owned and everything he could borrow as well. Defendants misrepresented to Plaintiff that they could benefit his life in ways that only corresponded to the Plaintiff's "buttons" to extract more money from him, and from others, which was not the truth.
THE FRAUDULENT UPPER LEVELS/ADVANCED TECHNOLOGY AND DEFENDANTS' "TRADE" SECRETS
277. Contrary to Defendants' material and fraudulent representations and material non-disclosures, that their processes, practices and courses are "scientifically proven; including, but not limited to The Role of Earth tape upon which Plaintiff reasonably relied, the "Bridge to Total Freedom", and all of Defendants' writings, teachings and upper levels, are a form of "bait-and-switch" fraud in that what Plaintiff was told he was buying turned out to be something different and materially much more expensive. Contrary to Defendants' fraudulent and material misrepresentations, and material non-disclosures, the aforesaid "bait-and-switch" fraud is now known by Plaintiff to work as follows, and had Defendants disclosed these matters to Plaintiff at the time they recruited him he would never have purchased their courses, auditing and cure or "handling" of his homosexuality or "ruin".
(a) Person With A Clipboard.
Contrary to Defendants'misrepresentations and material non-disclosures, Plaintiff now knows that Defendants' first "suck" the "raw meat" (new recruits) in with a fake survey to get them into conversation about how the world could be a better place and how they themselves could be happier. Defendants do this to persuade the "raw meat" to come back to Defendants' premises where they can be worked on further and pressured to take the first steps towards the coercive indoctrination and total servitude that Defendants perpetrated upon the Plaintiff.
(b) Misleading Personality Test.
Defendants then persuade persons such as Plaintiff to do a 200 question plagiarized Personality Test which is allegedly designed to indicate weaknesses in a person's character, or a failing in their life, that Defendants will use to sell them a Scientology course. Plaintiff now knows that no one ever passes Defendants' misleading and plagiarized Personality Test and that all persons who take it are urged to engage in corrective Scientology counseling at considerable expense.
(c) The First Course.
In Paris, France, in 1973, Defendants' used the results of the Personality Test to find the Plaintiffs' weakest aspects which they called his "ruin" and they persuaded him to do an affordable course that they claimed would improve the Plaintiff's life. These early courses were comprised largely of common sense approaches to life and personal organization. Unlike most financial scams, Plaintiff discovered that lower level Scientology processing made some sense, and may perhaps do some good, whereas expensive upper level, secret processing made no sense, did no good, and was dangerous and destructive.
(d) Dianetic "Auditing".
After the first course and its mediocre results, Defendants told the Plaintiff that what he really needed was Dianetic "Auditing". Plaintiff was told that he had mental blocks or "engrams" and that once these were removed then he would live a healthier and happier life and would have a hugely improved memory. By then, Plaintiff was spending more money than he had intended, but for Plaintiff it was affordable at that time.
(e) Enter Scientology.
During his Dianetic "Auditing the Plaintiff was tricked into giving away intimate details of his life that he would not normally have told others. Through these auditing questionnaires Defendants intended to obtain Plaintiff's weaknesses that they could exploit to obtain even more monies. Defendants' practices against Plaintiff in this regard were also hypnotic in their effects and produced a euphoria such as to cause Plaintiff to become mildly "hooked." Although, Plaintiff found the results hard-earned and temporary, he was then persuaded that he needed, not Dianetics, but Scientology "auditing" also known as "processing" which is much more expensive. But by this time Defendants' deception had "hooked" Plaintiff and he relied upon Defendants' representations that he would get the changes in his life, and the "handling" of his "ruin" that were promised by Defendants and their agents, if he only paid more and more money for the next level of processing, and the level after that, and then the level after that.
(f) The "Purification Rundown".
Plaintiff, in early 1979, was told that the reason he was not getting the benefits Defendants had promised him was as result of the impurities in his body, especially drugs (either street drugs or prescription medications). Plaintiff was told that drugs are evil and must be removed from his body (even through Defendants' then and at all subsequent times failed to advise him that the founder of Scientology, L. Ron Hubbard, was himself a drug addict who, later upon his death was discovered with ten (10) puncture marks on his body which his own doctor admitted resulted from the administration of psychiatric drugs contrary to Scientology's teachings and then all would be well. Indeed, Commodore Hubbard's own son alleged that Hubbard had written much of Scientology's copyrights and trade secrets while high on powerful, illicit, mind altering drugs. The "Purification Rundown" was sold to Plaintiff. The "Purification Rundown" involved spending many hours each day in a very hot sauna for a number of weeks, while taking huge and dangerous doses of vitamins and minerals. During this altered mental state, Plaintiff was being subjected to further mental manipulation and coercive indoctrination by Defendants' agents.
(g) Scientology Auditor Training.
The next significant sale that Defendants made to Plaintiff was "Auditor" training. Plaintiff was told that getting "professional" Scientology auditing would cost from $150 to $300 per hour but that it would be cheaper for him to train as an auditor himself and receive auditing from somebody he was training with (called "co-auditing"). Defendants sold Plaintiff this training. Defendants induced Plaintiff to engage in such training extensively, as set forth herein, including, but not limited to, Level Two (2) auditor training, Security Checking, the False Purpose Rundown and Solo Auditing.
(h) The E-Meter.
In order to train as an auditor, Defendants required Plaintiff to purchase a device called an "E-Meter" which in reality is a primitive lie detector which is sold for sums in excess of $3,000, and sometimes for as much as $27,000, even though the components are worth less than $400 and at least one United States Court has held that, although not conclusive, such pricing is indicative of financial fraud being carried out by Defendants upon persons such as Plaintiff.
(i) Repair Auditing.
On the basis of Defendants' fraudulent misrepresentations and material non-disclosures, Plaintiff paid many tens of thousands of dollars in order to train as an auditor without being told that "auditing" is a never-ending and costly affair, and that it can be addictive and self-perpetuating and that it can lead to ill health, depression, mental problems, psychotic breaks ("PTS Type III") phenomena, suicide and death from the use of the E-Meter, and Nots 34, as a substitute for regular medical attention and that its use for medical purposes had been enjoined by the Federal Courts at the request of the U.S. Department of Health. Defendants failed to disclose the existence of this federal judicial injunction to Plaintiff when selling him additional auditing courses. In this regard, Defendants also failed to disclose to Plaintiff the Hubbard-Scientology technology-related deaths of Plaintiff's close friend and confidante Lisa McPherson, as well as those of Roxanne Friend, Noah Lottick, Yvonne Jentszch, Miscavige's mother-in-law, Flo Barnett, Quentin Hubbard, Susan Meister and many, many others who died while receiving Defendants' Scientology processing or technologies of the mind instead of regular medical attention. The auditing problems encountered by Plaintiff, resulting from Defendants' fraudulent misrepresentations and material non-disclosures, required him to purchase "repair auditing" a the higher cost which he had been assiduously trying to avoid. Plaintiff was then persuaded by Defendants that "professional" auditing is what he really needed, rather than "co-auditing" with a fellow "student" and that he needed several twelve and one-half 1/2 hour "intensives" of said "auditing," seventy or eighty intensives being typical in his and other cases in the course of the Scientology "Bridge to Total Freedom" that no one has ever fully crossed.
(j.) "C/S ing."
Although Plaintiff had paid exorbitant sums of money for auditing he still regularly ran into problems and did not seem to be getting the benefits Defendants represented he would, and that he had hoped for. His "case" was then specially reviewed by a "Case Supervisor" (or "C/S" for short). Plaintiff was "C/S' ed" at various of Defendants' "Advanced Centers" where the auditing cost was approximately double that charged at other of Defendants' locations. Plaintiff's C/S spent over two days going through Plaintiff's auditing records (called "FOLDERS") at a cost of many hundreds of dollars per hour extracted by, and paid to, Defendants. Plaintiff then handed over to Defendants his money from then on in the hope that his "ruin" would be "handled". By this time, Plaintiff was enthusing a great deal over each piece of auditing he received from Defendants partly in order to try to avoid this expensive C/Sing and, under Defendants' coercive indoctrination, wrote apparently enthusiastic "Success Stories" that other people being audited would see pinned up on the bulletin boards so as to induce them to purchase more of this "auditing" on the basis of such "success stories", which he and other Scientologists (including celebrity Scientologists) were required to write to perpetrate Defendants' fraud upon himselfand others, and to unwittingly make Plaintiff and others a part of that fraud.
(k) ) The State of "Clear".
When Defendants decided that Plaintiff had been "cleared" of all "engrams" he was permitted to attain the fraudulent state of "Clear". However, Plaintiff qualified for the state of "clear" without receiving all of the gains that had been promised Plaintiff in the books such as Dianetics, Scientology, A World Religion Emerges in the Space Age, Science of Survival, The Second Dynamic and other of Defendants' plagiarized, fraudulently and criminally copyrighted, falsely trade secrets and otherwise misused intellectual property. Although Plaintiff qualified for the State of Clear by "erasing" "engrams" in his "reactive mind," the result was not as written in Dianetics the Modern Science of Mental Health. Although Plaintiff had paid Defendants approximately $50,000 or more at this point in time, in order to reach the supposed state of "Clear", he had not received all the benefits he had been promised from this alleged state of "Clear". Defendants then told Plaintiff that he was Clear but "only on the first dynamic" (meaning relating to himself) and that Plaintiff was now at "risk" and must progress rapidly up the "Bridge to Total Freedom" in order to "handle" his "ruin" and attain "immortality".
(l) "O.T." Levels.
Having gone Clear, Defendants then induced Plaintiff to believe that not only would he get all he ever dreamed of, as well as handling his "ruin", out of the O.T. levels, but that additionally he would get "special powers" and that these were just around the corner. Plaintiff was then persuaded to sell almost everything he had, to take out huge loans under false representations, material non-disclosures, and pretenses to do these "secret" O.T. levels, and to sign under duress, coercion and mental manipulation an agreement that he would not tell anybody about the contents of the O.T. levels not knowing that Defendants' purpose in doing so was their fear that the O.T. levels were mere science fiction and quackery and that the Defendants' Scientology enterprise would stop making "more money" if their contents were common knowledge.
(m) OT I.
Plaintiff paid thousands of dollars to embark upon his OT levels. Although Plaintiff had paid thousands of dollars for the OT I religious training he found it very simple and to be merely a walk around town spotting things. However, Defendants convinced Plaintiff that he should be happy because he had had a "win" (i.e. , felt good) and that the really high powered "stuff," that would make him a "super being" with extraordinary powers, was just around the corner.
(n) OT II.
Defendants' misrepresentations and material non-disclosures, induced Plaintiff to undergo OT II processing in which Defendants supposedly audited out the "dichotomies" and "implant word-patterns" that were supposedly contained in the Plaintiff's mind at a very deep level, and that were stopping Plaintiff's mind from achieving super normal powers over matter, energy, space and time ("M.E.S.T.). Defendants taught Plaintiff that long ago Thetan's (spirits) were trapped and implanted with contradictory and hypnotic word-suggestions while being tortured. Defendants induced Plaintiff to undergo OT II processing using the E-Meter as a guide for the purpose of stripping away the "charge" of these implanted painful word patterns or "engrams".
(o) OT III (Xenu and "Body Thetans") .
Defendants next induced Plaintiff to pay many thousands of dollars for the OT III level or "wall of fire" purported "end phenomenon" or "Freedom from Overwhelm". Plaintiff was required to sign a waiver, to the effect, that any damage or injury he suffered during OT III auditing was his own responsibility. Defendants then taught Plaintiff that seventy five million years ago, our planet, then called "Teegeeack," had been one of the seventy six planets of the Galactic Confederation which was badly over populated, with tens of billions (average 178 billion) on each planet. Xenu, the president of the Galactic Federation, had ruled that the excess population should be sent to "Teegeeack" (earth) in propeller-driven DC-8's, put on the sides of some volcanoes (which the geological record shows didn't exist at the time) and subjected to nuclear explosions many times more powerful than the two atomic bombs dropped on Japan in 1945. Defendants further taught Plaintiff that the spirits (or "Thetans") who were the victims, were then "implanted" with religious and technological images including "Christ" for thirty-six days before being sent in boxes to either Hawaii or Las Palmas to be stuck together into "clusters". Defendants further taught Plaintiff that human beings were actually a collections of these Thetans, comprised of a "cluster" of "Body Thetans", and that Xenu had been rounded up six years after the event and was now imprisoned in a mountain in an unspecified area (but now know to be in the Pacific Northwest of the United States). Defendants further taught Plaintiff about an earlier incident of some four quadrillion years ago when unsuspecting Thetans were all subjected to short, high volume waves of light and "shattering series of snaps" and then saw a chariot with a trumpeting cherub and that after a loud set of cracks the Thetan was overwhelmed by darkness and that this was an "implant" which was supposedly the gateway to our Universe. Defendants further taught Plaintiff that if he mishandled this information he could die from "freewheeling" through the 36-day implant without sleep and die of exhaustion and pneumonia and that anyone remembering this material would also die. Defendants did not tell Plaintiff the information that they have temporarily convinced Judge Hupp of the United States District Court for the Central District Court of California to seal in the case of CSI v. Fishman & Gertz, Case No. CV 91-6426-HLH, to wit, that many persons (including certain Scientology celebrity members) have suffered psychotic breaks whilst undergoing OT III processing. Defendants furthermore failed to disclose the fraudulent and plagiarized sources of "the incident". On the contrary, Defendants misrepresented to Plaintiff that the entirety of OT III was written by Commodore Hubbard and as a secret religious scripture.
(p) OT IV - "The OT Drug Rundown".
By this point in time, Defendants had induced Plaintiff to part with well over $100,000 and Plaintiff had reasonably concluded that with all his Body Thetans gone he should have gained the promised happiness, super powers and power with which to exteriorize from his body and travel to far away places without his body which could be left behind and picked up later. Thus, having "baited" Plaintiff with claims of clearing "engrams," Defendants then "switched" Plaintiff to the unnecessary and expensive clearing of "body thetans" or "bts". In what Plaintiff now concludes was also a classic "bait-and-switch" financial fraud perpetrated upon him by Defendants in the fraudulent name of religion, Plaintiff was then told he had thousands more body Thetan's inside him that would have to be given their own audited "Purification Rundown", only this time Defendants called it the "OT Drug Rundown". By this point, Defendants had so brainwashed, mentally manipulated, hypnotically induced and/or otherwise coercively indoctrinated Plaintiff that he was incapable of stopping and wondering why his original "Purification Rundown" didn't do both jobs and was therefore induced to part with many more thousands of dollars to pay for the auditing of the Body Thetans themselves that were trapped within his body. Plaintiff had to pay for the auditing of these BT's and Clusters because they could not pay the requisite "fixed donations" to Defendants whose "Doctrine of Exchange" prohibits anyone, even Body Thetans and Clusters, from receiving Scientology training unless the tax-free "Fixed Donations" arbitrarily charged and changed by Defendants were paid by Plaintiff.
(q) OT V - "NOTs" (New Era Dianetics For OTs) .
After completing OT IV, Defendants induced Plaintiff to undergo training and auditing on OT V and the NOTs materials which are known as "the living lightning of life itself" which Plaintiff was dismayed to find also dealt wholly, solely and only with Body Thetans that were former (past lives) "other people" trapped within his body and each of which was able to talk to him and through him. However, Plaintiff discovered this time that the auditing course was being delivered to dead space aliens within his body who could not pay for this processing themselves and so Plaintiff had to write the large checks to Defendants in order that these dead space aliens within him receive Defendants' processing.
(r) Suppressive Body Thetans.
Defendants then induced Plaintiff to part with even more money, by this time, several hundred thousand dollars in the aggregate, on the misrepresentation that although Plaintiff still did not have the "gains" that he had hoped for it was as a result of "Suppressive Body Thetans" inside him that could only be "handled" during further numerous twelve and one-half hour "intensives" at approximately $600 dollars an hour.
(s) OT VI and OT VII - Dead Body Thetans.
Although Plaintiff had been induced by Defendants to pay Defendants several hundred thousands of dollars at this point in time, for so-called "religious" counseling, he still had not received the promised benefits he expected and he still had not handled his "ruin" as initially and repeatedly by promised by Defendants. Instead, Defendants then told Plaintiff that he had thousands more dead, or near dead Body Thetans inside him, and that he must now use his mental powers to send telepathic thought beams and commands into his body to drive these Body Thetans out of his body. Hubbard's OT VII writings describe most government employees as "animated dormant clusters" of dead space alien spirits. Defendants even told Plaintiff to use an imaginary hand called a "Thetan Hand" to cut these Body Thetans away and to scoop them out of his body. By this point and time, Defendants' fraudulent misrepresentations and material non-disclosures, had caused him to spend over $300,000 in the pursuit of "handling" his homosexuality and becoming a person with super powers, "handling past lives", the ability to leave his body by way of "exteriorization" and the prospect of "picking up" a much better body when he dropped his body at the end of this cycle (died) and moved onto the next cycle (life). Plaintiff knew that Defendants naval-uniformed paramilitary Sea Org members had signed solemn contracts to serve Defendants for the next one billion years and that they would do so by picking up new bodies at the end of each life until they had served out the terms of their billion year contract in exchange for pay in the amount of approx. $30. 00 per week. This knowledge reinforced the coercive manipulation Defendants were exercising, and exorcising, over Plaintiff's mind.
(t) New OT VIII.
Defendants then induced Plaintiff to pay a further sum, then in excess of $15,000 (but now approximately $41,000) to undergo OT VIII training and processing which Defendants misrepresented would finally handle or cure his "ruin" by making him very "OT", and which would provide him with the promised super powers over matter, energy, space and time ("at cause" over "MEST"). Contrary to Defendants' representations, the only significant thing that Plaintiff learned on the OT VIII level, after paying Defendants approximately $500,000, was Hubbard's statement that "Now he knew who he wasn't, and he was interested in finding out who he was." Hubbard purportedly intended the result of New OT VIII, as far as the Plaintiff is concerned, to be "Truth Revealed" by attesting that "Now he knew who he wasn't, he was interested in finding out who he was." By this point, Defendants had so brainwashed Plaintiff, controlled his mind and manipulated his thinking that Plaintiff did not at that time recognize this statement of Commodore Hubbard as being the ultimate fraudulent hoax that it is. Furthermore, and contrary to Plaintiff's fraudulent misrepresentations, Plaintiff's homosexuality, had not been "handled" or cured and he was still gay after more than twenty years of Defendants' fraudulent promises and processing.(u)Plaintiff was promised by Defendants, in a writing by L. Ron Hubbard, in a Policy Letter called "O.T. Orgs", that OT VIII contained technology that would "blow all stops" in the life of persons, such as Plaintiff, and thereby give huge new OT powers and abilities. However, and contrary to these and earlier representations, when Plaintiff did what is called "New OT VIII" there was no such process or technology contained within it. Accordingly, a further fraudulent misrepresentation had been perpetrated by Defendants upon Plaintiff since he had paid substantial monies for the OT VIII "rekindling failed purposes technology." RTC, and other of the Defendants herein, thereby prevented Plaintiff from receiving what had been promised him by Commodore Hubbard himself through the representations of Defendants.(v)"New OT VIII" was allegedly completed, by Commodore L. Ron Hubbard himself, at least Plaintiff believed so at the time, because Defendants had delivered him a verbal "New Year's Message" purportedly from Commodore Hubbard himself at the Scientology "New Year's Event" on December 31, 1985. Plaintiff has now learned that said New Year's message was seemingly delivered by Defendants using a faked voice of Commodore Hubbard produced by a method using a voice synthesizer and therefore, it not being a message from Hubbard himself, Defendants had further defrauded Plaintiff. Plaintiff's purchase of the level of New OT VIII was after he heard that public event tape recording broadcast Defendants represented was from Hubbard himself. Defendants' failure to deliver New OT VIII as described in the said Policy Letter constitutes further fraud perpetrated upon Plaintiff by Defendants. The apparent removal of the technology of Hubbard's original OT VIII, by Captain Miscavige, RTC, Commander Mithoff and others, was an intentional disempowerment of the Plaintiff through the withholding of technology that may otherwise "blow all stops" in the life of the Plaintiff, such as resolving his "ruin" or homosexuality, which was what Plaintiff had expressly paid Defendants to receive in a complex continuing fraud commencing nearly twenty five years ago.
278. Plaintiff also personally knew Quentin Hubbard in 1976 in Clearwater, Florida. Plaintiff now knows that since Quentin Hubbard was a Class XII Auditor, yet was still homosexual, that he was living proof that Scientology does not work, and therefore became a liability to his father L. Ron Hubbard and to the Scientology enterprise. He allegedly committed suicide but apparently died an "assisted" death which his father desired but expressly said "Keep me out of it".
279. Although Plaintiff did not receive the promised gains from OT VIII processing, he was lead to believe that he had stupidly "misowned" some of the mental anguish that had cropped up on his extremely expensive prior auditing and that now he had to correctly adjudge the true ownership of the mental anguish and it would "blow," and when all of that was "blown," and there would be "Truth Revealed". However, at this point, like Commodore Hubbard himself said, Plaintiff now didn't know who he really was. Moreover, at this point in time, Plaintiff had been so brainwashed by Defendants, and trapped in such a web of deceit of Defendants' creation, subjected to such intensive thought reform and, hypnosis and subjected to the control of other Scientology members, that he believed and continued to detrimentally rely upon Defendants' fraudulent misrepresentations made through the misuse of copyrights and claims of religious trade secrets sought to be enforced through the Federal Courts and United States Government through the litigation and lobbying activities of Defendants upon, among others, such persons as the Relief Defendants.
280. In addition to the oral and written misrepresentations made, and set forth above, and the material non-disclosures set forth elsewhere herein, these misrepresentations on the part of all Defendants were also made over the same period of time by way of the various publications, tapes, books, and promotional materials supplied by Defendants and their agents to Plaintiff.
281. As set forth herein, the various misrepresentations, and material non-disclosures, made to Plaintiff were false, misleading and untrue in numerous respects including, but not limited to, the said representations concerning the qualifications and life history of L. Ron Hubbard, the scientific basis for Scientology, the source of Scientology materials and the "technology," the nature and quality of Scientology services, the "scientific" underpinning for the tenets of Scientology, the validity and proper use of various copyrights and trademarks, and other intellectual property claimed to be created, and owned by Defendants and the various benefits, including ongoing good health and being "cured" of homosexuality, that Plaintiff could expect from purchasing Scientology courses and auditing from Defendants. In addition, Defendants made representations to Plaintiff, from time to time, that problems he believed he was suffering as a result of ill health were not, in fact, health problems, but were problems that could and would be cured by purchasing more services of Scientology, and in particular, by continued auditing, NOTs 34 and certain other NOTs materials that constitute the illegal practice of medicine by Defendants, hiding behind a fraudulent facade of religion, and of which Defendant failed to inform Plaintiff of when they recruited him into their fraudulent religion to receive the training and auditing described herein.
282. In addition to fraudulent misrepresentations, inducing Plaintiff to part with the massive monies being reclaimed herein, Defendants also failed to make material disclosures, of the other facts set forth herein, relating to the life history of Commodore L. Ron Hubbard, the Satanic and black magic basis for much of his work, the improper registration and use of copyrights and trademarks, the plagiarized basis of much of Commodore Hubbard's work, the criminal and fraudulent activities of Defendants and others as set forth herein and reported in such publications as Time Magazine (May 6, 1991: "Scientology, Thriving Cult of Greed and Power"), and the various and fraudulent misrepresentations, non-disclosures and other matters connected with Defendants' claim to be a peaceful, law abiding and bona fide, legitimate religion and Defendants' fraudulent renewed application to the United States Internal Revenue Service, in 1991, for tax exempt status which Defendants blackmailed and otherwise coerced the Commissioner of the United States Internal Revenue Service into granting in 1993, on condition that Defendants' activities were in accordance with their fraudulent misrepresentations to the United States Government, which they were not, and that they would conduct their activities, which they did not, in accordance with representations made to United States Government, and the Clinton Administration's Secret Settlement or Closing Agreement with Defendants permitting Defendants to monitor their own compliance with the tax laws of the United States despite Defendants' numerous criminal convictions in the United States and in other countries.
283. In addition, Defendants' material non-disclosures of the other criminal and fraudulent conduct set forth herein induced Plaintiff to provide Defendants with the labor and monies that he did and induced Plaintiff to believe that Defendants were not engaged in activities contrary to their IRS Section 501(c)(3) status including, but not limited to, unlawful lobbying and improperly pressuring United States' government officials, including the President of the United States himself, to utilize the United States' Foreign Policy and Cabinet Officials such as the National Security Advisor, the Secretary of State and United States Trade Negotiator, to carry out Defendants' "religious" objectives in Germany and to threaten the government of Sweden with trade sanctions, and to actually impose a 301 Special Watch, if it did not remove Defendants' fraudulent and criminal documents, masquerading as religious scriptures, from the publicly available Swedish Parliament and Government files and records, as demanded by Defendants and through Defendants' lobbying activities, by the United States Government itself, all of this in violation of the Establishment Clause and Excessive Entanglement provisions of the Constitution of the United States.
CAPTAIN MISCAVIGE PERSONALLY PARTICIPATES IN PLAINTIFF'S PROCESSING
284. Plaintiff confided total trust in Captain Miscavige personally during the period from 1992 to June 1997 and in Captain Miscavige's official RTC publications in which he promised to apply the "Keeping Scientology Working" Policy Letter and to protect the Scientology public (including Plaintiff) from "out-tech," "off-policy," and/or "squirrel tech." Plaintiff's trust was breached and betrayed through Captain Miscavige's failure to personally restore Plaintiff's OT status, the emotional distress, the financial cost and enormous material damage incurred by Plaintiff in all his efforts to clear his name of the false reports and other effects of "Fair Game" applied by Defendants against him from 1991 to at least June 1997, and even through today. Rather than wear the "hat" Captain Miscavige had treachersouly usurped earlier from Pat Broeker, Captain Miscavige chose to allow no or insufficient Hubbard "tech" and/or policy to be applied to Plaintiff's distressful condition and allowed, nay likely encoured,the "destruction" and "distress" to fully overwhelm Plaintiff.
285. Personal letters from Captain Miscavige to Plaintiff contain Captain Miscavige's promise to see to a complete and final resolution of the injustices perpetrated upon Plaintiff by Defendants, yet even after the 1996 Board of Review, Captain Miscavige still failed to keep the promises made in Defendants' publications and in personal letters from Captain Miscavige to Plaintiff. Captain Miscavige assigned no "lower conditions" to those guilty of "false reporting" on Plaintiff, did not apply "KSW No. 1" to all the "points" fully reported by Plaintiff to RTC since April 1991 and permitted all the disastrous results that harmed Plaintiff so detrimentally. During the period of the fraud personally perpetrated on Plaintiff by Captain Miscavige in pretending that as the COB RTC (Chairman of the Board of the Religious Technology Center), etc., he had unique and percipient knowledge of Plaintiff's distress through reports sent to RTC, letters to and from Plaintiff. Moreover, in a personal meeting with Plaintiff in June of 1993 Captain Miscavige misrepresented himself as the "source" of ultimate recourse, but refused to exercise full recourse, including financial, in favor of Plaintiff and to Plaintiff's detriment, and all to the unjust enrichment of the Defendants.
THE GRANADA TELEVISION DOCUMENTARY
286. In October 1997, Plaintiff viewed a video documentary by Granada Television, entitled The Shrinking World of L. Ron Hubbard. Defendants had purposely concealed this video, and other similar media items (called "entheta" press by Defendants), and otherwise instructed and intimidated him (through the threat of "lower conditions", "out ethics" and expensive "PTS" handlings) from viewing the video, and other like media until that time. Said video contains a film of a live interview of L. Ron Hubbard on the M.V. Apollo in Tunisia in 1968. This video, for the first time, revealed Defendants' fraudulent representations to Plaintiff regarding the physical, mental and "OT" state of L. Ron Hubbard, his willingness and propensity to engage in the telling of bare faced lies, such as the number of wives he had had, his "TR's" "being completely out" and his teeth being shockingly rotten; all being contrary to the subsequent fraudulent statements, representations and images made and portrayed by Defendants to Plaintiff. This video documentary was also updated by a 1997 English Channel 4 video documentary entitled, which Plaintiff also viewed. Other video exposÚs of the Scientology enterprise have confirmed Plaintiff's discovery of the frauds perpetrated upon him.
ADDITIONAL CRIMINAL AND FRAUDULENT CONDUCT DIRECTED AT PLAINTIFF
287. Defendants' criminal and fraudulent conduct directed at plaintiff includes, but is not limited to, the following documents, practices and activities:
(a) The action by the Guardian's Office, in particular under the direction of Mary Sue Hubbard and Jane Kember, whereby Plaintiff, in 1973 on the premises of the Church of Scientology in Paris, Rue de Londres, was held against his will and forced to undergo interrogation under threat and duress from a Guardian's Office staff member, one Martine Pillet. Plaintiff was also subjected to a harassing E-meter interrogation on his work as a private business person teaching English and grammar to Dow Chemical France's top management. Because Plaintiff had chosen to introduce these Dow executives to Hubbard management technology in the Organization Executive Course via the "green volumes" which Plaintiff had bought with his own money, Plaintiff was considered an "outlaw" as no "approval" had been sought from the Guardian's Office prior to showing Dow Chemical's executives the non-confidential Hubbard writings. The interrogation was even more threatening and intimidating because Miss Pillet had just returned from Saint Hill (Guardian Office H.Q.), was an "OT III" and had been trained in special techniques of counter-espionage and brainwashing by Defendants Jane Kember and MSH. Miss Pillet used these techniques on Plaintiff with great severity and emotional violence which caused Plaintiff to break down and collapse emotionally for some considerable time. This was a very significant part of the underlying cause of Plaintiff's subsequent brainwashed servility and obedience to the Scientology enterprise which caused Plaintiff's huge financial losses and wasted lifetime ever since. Miss Pillet only stopped the interrogation after Plaintiff promised to no longer use Hubbard writings under his own determination, but only upon the non-requisite official approval from the Guardian's Office, thereby completing the intimidation and "brainwashing" applications of Defendants MSH and Jane Kember.
(b) Active intimidation on an indirect basis by Defendants at the time of Plaintiff's seeking legal recourse through the filing of this complaint. This occurred to two close friends of Plaintiff in Paris, France and around May 17 to 31, 1998. Plaintiff's friends, Helena Hamer and Michel Cambray, both residents of Paris, France, having done business with Defendants in the United States, and with those in France, were ordered to appear in the Paris Scientology "church" on May 17, 1998 where they were separately confronted by a staff member, one Brigitte Arbogaste. She is a staff member in the HCO division. Both Arbogaste and another staff member also named Brigitte, who is currently an "auditor", told Helena Hamer and Michel Cambray, that they were obliged to "disconnect" or cut their communications or "comm-lines" forthwith with Plaintiff. No reason was given or "issue" shown, but they were both ordered to write to Plaintiff immediately to "disconnect" from him and deny Plaintiff their friendship and business association. The order was given to these staff members to do this by Antoine Robert, of the Office of Special Affairs (OSA) in the Paris Organization. Hamer, under intimidation and threat of immediate excommunication from Scientology, broke down and wrote the ordered "letter of disconnection," and now will no longer contact Plaintiff or continue the long and beneficial friendship they had enjoyed prior to this act of blackmail by Defendants. Cambray took two weeks to reach his decision, and then, on Sunday, May 31, 1998 returned to the Paris "church" to write and sign the same kind of "letter of disconnection" from Plaintiff. The actions reported herein were perpetrated a mere four days prior to plaintiff filing his complaint herein, and continued after said filing, in an attempt to get Plaintiff not to file this complaint and to be therefore denied his right to justice in this Court which Defendants disparagingly refer to as a "Wog Court" dispensing "Wog Justice". The victim of this Scientology enterprise Mafia-like operation (namely said Helena Hamer) was constrained to give, without any financial compensation, one of her books on her Christian beliefs to OSA France "as the lawyers will be needing it." Hamer did not want to part with her book and property but was ordered to give it over as part of the blackmail-type operation perpetrated upon her by Defendants to Plaintiff's detriment and damage. As neither of the above-mentioned "friends" of Plaintiff will now contact him, Plaintiff is unjustly denied the benefits of their friendships.
(c) In Paris, France at the premises of the Scientology "church" in Rue de la Montagne Sainte Genevieve, in 1977, Plaintiff was subjected to an interrogation and enforcement of Guardian Office will by the defendant Jane Kember, personally, accompanied by two Guardian Office staff acting as co-interrogators and body guards. The action or "cycle" done against Plaintiff was done in the offices of the Paris Guardian's Office. Plaintiff was subjected to a coercive interrogation about his personal and sex life and quizzed as to his loyalties to Scientology as well as being intimidated by Ms. Kember to give time and effort, under threat of reprisals, to the efforts of the Guardian's Office to win the French trials and appeals involving Hubbard who had been convicted of fraud in connection with the activities of the Scientology enterprise. Plaintiff was coerced to give, in addition to the time and effort he was already giving as a staff member, extra time late at night to the legal preparations and document preparation for the unsuccessful criminal defense of Commodore L. Ron Hubbard on charges of fraud.
(d) The actions by Lieutenant Marty Rathbun and the Office of Special Affairs Director of Clearwater, Florida, in December, 1996 to knowingly suppress a recognized Christian Faith by using threats and intimidation on Virgil Wilhite (then a Clearwater bookstore owner independent of Scientology) to have Wilhite remove certain Christian books from his bookstore. Two visits from RTC staff to Wilhite, and one from the then OSA Director in Clearwater, in December 1996, caused Wilhite to remove Christian writings from his independent bookstore, but all the while leaving Scientology books on sale there as part of the racketeering efforts of the Defendants herein.
(e) The multitudinous omissions and refusals to apply Scientology as represented to Plaintiff for his benefit caused numerous and abundant damages to Plaintiff by Defendants herein. In particular, Plaintiff's efforts to secure timely and adequate justice within the internal Scientology "justice system" were met with stalling, dishonesty, conspiracy, fraudulent representations, intimidation, harassment, false imprisonment, needless and extensive costs in time, expertise, physical efforts, huge lost production, waste of funds and valuable resources and vast emotional distress. Instead of being as advertised, represented and reported in Hubbard's policy letters, the Plaintiff's dealings with the Scientology justice system, managed by the Defendants, were a long, nightmare-like series of agonizing ineffective and uncaring contemptuous treatments of Plaintiff by Defendants and their representatives. This fraudulent misrepresentation of the effectiveness and availability of Scientology "justice" (in fact no real justice was ever available) was severely detrimental to the well-being of Plaintiff over the nearly twenty-five years between 1973 to 1998.
(f) During 1996, in the Hubbard Communications Office in the Fort Harrison Hotel in Clearwater, Florida, Plaintiff was subjected to direct intimidation by a naval uniformed Commodore Messenger Organization Officer who invalidated his integrity and foulmouthedly bullied him into getting his "ethics" in, meaning that he should stop seeking redress of the wrongs he believed Scientology had done to him and act for "the greater good of Scientology" or "for the greatest good of the greatest number of dynamics".
FIRST CAUSE OF ACTION
(Against The Sea Organization, David Miscavige, Norman
Starkey, Mary Sue Hubbard, Pat Broeker, Anne Broeker,
Sherman D. Lenske, Meade Emory, Leon Misterek, Terri
Gamboa, Vicki Azneran, Mark Fisher, Mark ("Marty") Rathbun,
Michael Rinder, Ray Mithoff, Heber Jentzch, Danny Koegh,
Mary Voegeding, Jacqueline Van Der Linde, Alan Franck
Rosenberg, Sarit Rosenberg, Guillaume Leserve, Mark
Yaeger, Wendell Reynolds, Kendrick L. Moxon,
and Does 1 through 10, Inclusive, for Racketeering,
18 U.S.C. Section 1962(a))
288. Plaintiff refers to and incorporates by reference each and every paragraph set forth above as though fully set forth herein. In particular, Plaintif refers to and incorporates, as though each were fully set forth herein, Paragraphs 70-73, 81-123, 144-217, 226-228, 241-254, 262-276 and 286.
289. This cause of action against all Defendants arises under the Racketeering Influenced and Corrupt Organizations Act (18 U.S.C. Section 1961, et seq.) ("RICO"), and more particularly under 18 U.S.C. Sections 1962(a) and 1964.
290. Defendants are persons within the meaning of 18 U.S.C. Sections 1961(3) and 1962 and as such are engaged in an "enterprise" as set forth in 18 U.S.C. Section 1961, et seq.
291. The Defendants, and each of them, have conspired to and/or engaged in a pattern of racketeering as described 18 U.S.C. Sections 1961(1) and 1961(5), which requires the commission of two acts of racketeering activity (as defined in 18 U.S.C. Section 1961(1)) within ten years last past, with at least one such act having occurred after October 10, 1970. Defendants have participated in the following acts of racketeering activity:
(a) Acts or threats involving kidnapping or extortion, chargeable under state law and punishable for more than one year (18 U.S.C. Section 1961(1)(A));
(b) Mail fraud (18 U.S.C. Section 1341), by causing numerous matters and things to be sent or delivered by the United States Postal Service, and have taken and received therefrom, additional such thing or things, for the purpose of executing the aforesaid schemes and artifices. The matters and things so sent, delivered, and received including, without limitation, various items of correspondence, knowledge reports, ethics reports and the like.
(c) Wire Fraud (18 U.S.C. Section 1343), by causing numerous writings, signs, signals, pictures, or sounds to be transmitted by wire communication in interstate or foreign commerce, for the purpose of executing the aforesaid schemes and artifaces. The writings, signs, signals, pictures, or sounds so transmitted include, without limitation, knowledge reports, ethics reports and other telex and computer traffic relating to Plaintiff;
(d) Obstruction of justice (18 U.S.C. Section 1503);
(e) Obstruction of criminal investigations (18 U.S.C. Section 1510);
(f) Tampering with a witness, victim or informant (18 U.S.C. Section 1512);
(g) Retaliation against a witness, victim or informant (18 U.S.C. Section 1513);
(h) Interference with commerce by threats or violence (18 U.S.C. Section 1951);
(i) Interstate and foreign travel or transportation in aid of racketeering enterprises (18 U.S.C. Section 1952); and
(j) Interstate transportation of stolen property (18 U.S.C. Sections 2314, 2314). The above acts were committed in furtherance of a common purpose, scheme and plan.
292. Defendants have acted in concert, as an association in fact, to form an enterprise within the meaning of 18 U.S.C. Section 1961(4) and to unlawfully acquire income derived from a pattern of racketeering.
293. Defendants, and each of them, have received income derived directly and indirectly from the pattern of racketeering set forth herein, and have used or invested, directly or indirectly, the proceeds of such income to acquire interests in and to establish the operation of enterprises in the United States and abroad, whose activities affect both foreign and interstate commerce. The interests acquired include but are not limited to, the acquisition of stock certificates in various Scientology corporations (particularly in relation to "Mission Corporate Category Sort-Out"), buildings, vessels, land, oil wells, gold and silver, movies, stocks, apartment buildings, gold mines, license agreements with members of the World Institute of Scientology Enterprises and various "investments" on certain stock exchanges (such as the Vancouver Stock Exchange).
294. As a direct and proximate result of Defendants' pattern of racketeering activity conducted in violation of 18 U.S.C. Section 1962(a), Plaintiff has been injured in his business and property in an amount not presently tabulated or ascertained. Accordingly, Plaintiff is entitled to recover treble the damages sustained as a result of Defendants' racketeering activities and costs of this suit, including a reasonable attorney's fee, and any permissible lodestar, pursuant to 18 U.S.C. Section 1964(c) and other applicable law.
SECOND CAUSE OF ACTION
(Against The Sea Organization, David Miscavige, Norman
Starkey, Mary Sue Hubbard, Pat Broeker, Anne Broeker,
Sherman D. Lenske, Meade Emory, Leon Misterek,
Terri Gamboa, Vicki Azneran, Mark Fisher, Marty Rathbun,
Michael Rinder, Ray Mithoff, Heber Jentzch, Danny Koegh,
Mary Voegeding, Jacqueline Van Der Linde, Alan Franck
Rosenberg, Sarit Rosenberg, Guillaume Leserve, Mark
Yaeger, Wendell Reynolds, Kendrick L. Moxon,
and Does 1 through 10, Inclusive, for Racketeering,
18 U.S.C. Section 1962(b))
295. Plaintiff refers to and incorporates by reference each and every paragraph set forth above as though each were fully set forth herein including, but not limited to, Paragraphs 70-73, 81-123, 144-217, 226-228, 241-254, 262-276, 286.
296. This cause of action against all Defendants arises under the Racketeering Influence and Corrupt Organizations Act (18 U.S.C. Section 1961, et seq.) ("RICO") and more particularly under 18 U.S.C. Sections 1962(b) and 1964.
297. Defendants are persons within the meaning of 18 U.S.C. Sections 1961(3) and 1962(b) and as such are engaged in an "enterprise" as set forth in 18 U.S.C. Section 1961, et seq.
298. Defendants, and each of them, acting in concert, and in furtherance of a common purpose, scheme and plan, have, through an unlawful pattern of racketeering, directly and indirectly, acquired and maintained interests in and control of numerous business and property interests in the United States and abroad, (enterprises within the meaning of 18 U.S.C. Section 1961(4)) which are engaged in, and/or which have activities which affect interstate and foreign commerce, all in violation of 18 U.S.C. Section 1962(b).
299. As a direct and proximate result of Defendants' pattern of racketeering activity conducted in violation of 18 U.S.C. Section 1962(b), Plaintiff has been injured in his business and property in an amount not presently tabulated or ascertained. Accordingly, Plaintiff is entitled to recover treble the damage sustained as a result of Defendants' racketeering activity conducted in violation of 18 U.S.C. Section 1962(b) and his costs of suit, including a reasonable attorney's fee, and any permissible lodestar, pursuant to 18 U.S.C. Section 1964(c) and other applicable law.
THIRD CAUSE OF ACTION
(Against The Sea Organization, David Miscavige, Norman
Starkey, Mary Sue Hubbard, Pat Broeker, Anne Broeker,
Sherman D. Lenske, Meade Emory, Leon Misterek,
Terri Gamboa, Vicki Azneran, Mark Fisher, Marty Rathbun,
Michael Rinder, Ray Mithoff, Heber Jentzch, Danny Koegh,
Mary Voegeding, Jacqueline Van Der Linde, Alan Franck
Rosenberg, Sarit Rosenberg, Guillaume Leserve, Mark
Yaeger, Wendell Reynolds, Kendrick L. Moxon,
and Does 1 through 10 Inclusive, for Racketeering,
18 U.S.C. Section 1962(c))
300. Plaintiff refers to and incorporates by reference each and every paragraph set forth above as though each were fully set forth herein including, but not limited to, Paragraphs 70-78, 81-123, 144-217, 226-228, 241-254, 262-276, 286.
301. This cause of action arises under the racketeering laws of the United States, the Racketeering Influenced and Corrupt Organizations Act (18 U.S.C. Section 1961, et seq.) ("RICO"), and more particularly under 18 U.S.C. Sections 1962(c) and 1964.
302. Defendants, and each of them, acting in concert and in furtherance of a common purpose, scheme and plan, have been associated with and/or employed by enterprises engaged in, and/or whose activities affect, interstate and/or foreign commerce and have conducted and/or participated in, directly and indirectly, the conduct of said enterprises' affairs through a pattern of racketeering activity.
303. As a direct and proximate result of Defendants' pattern of racketeering activity conducted in violation of 18 U.S.C Section 1962(c), Plaintiff has been injured in his business and his property in an amount not presently ascertained. Accordingly, Plaintiff is entitled to recover treble the damages sustained as a result of Defendants' racketeering activity conducted in violation of 18 U.S.C. Section 1962(c), and Plaintiff's costs of suit, including a reasonable attorney's fee, and any permissible lodestar, pursuant to 18 U.S.C. Section 1964(c) and other applicable law.
FOURTH CAUSE OF ACTION
(Against The Sea Organization, David Miscavige, Norman
Starkey, Mary Sue Hubbard, Pat Broeker, Anne Broeker,
Sherman D. Lenske, Meade Emory, Leon Misterek,
Terri Gamboa, Vicki Azneran, Mark Fisher, Marty Rathbun,
Michael Rinder, Ray Mithoff, Heber Jentzch, Danny Koegh,
Mary Voegeding, Jacqueline Van Der Linde, Alan Franck
Rosenberg, Sarit Rosenberg, Guillaume Leserve, Mark
Yaeger, Wendell Reynolds, Kendrick L. Moxon,
and Does 1 through 10 inclusive for Racketeering.
18 U.S.C. Section 1962(d))
304. Plaintiff refers to and incorporates by reference each and every paragraph set forth above as though each were fully set forth herein including, but not limited to, Paragraphs 70-73, 81-123, 144-217, 226-228, 241-254, 262-276, 286.
305. This cause of action against all Defendants arises under the racketeering laws of the United States, the Racketeering Influenced and Corrupt Organizations Act (18 U.S.C. 1961, et seq.) (RICO), and more particularly under 18 U.S.C. Sections 1962(d) and 1964.
306. Defendants, and each of them, have violated 18 U.S.C. Section 1962(d) by conspiring to invest the proceeds and income derived from a pattern of racketeering activity in the acquisition of interests in and the establishment and operation of enterprises, as set forth above, in violation of 18 U.S.C. Section 1962(b).
307. Defendants, and each of them, have violated 18 U.S.C. Section 1962(d) by conspiring to acquire interests in and maintain and control numerous enterprises in the United States and abroad through a pattern of racketeering, as set forth above, in violation of 18 U.S.C. Section 1962(b).
308. Defendants, and each of them, have violated 18 U.S.C. Section 1962(d) by conspiring to participate in and conduct the affairs of various enterprises through a pattern of racketeering activity, as set forth above, in violation of 18 U.S.C. Section 1962(c).
309. As a direct and proximate result of Defendants' conspiracy to conduct racketeering activity in violation of 18 U.S.C. Sections 1962(a)-(c), Plaintiff has been injured in his business and property in an amount not presently ascertained. Accordingly, Plaintiff is entitled to recover treble the damages sustained as a result of Defendants' conspiracy to engage in a pattern of racketeering activity in violation of 18 U.S.C. Sections 1962(a)-(d), and Plaintiffs' costs of suit, including a reasonable attorney's fee, and any permissible lodestar, pursuant to 18 U.S.C. Section 1964(c) and other applicable law.
FIFTH CAUSE OF ACTION
(Against All Defendants and Does 1 through 10,
Inclusive, for Civil Rights Violations
(42 U.S.C. Sections 1985 and 1988)
310. Plaintiff refers to and incorporates by reference each and every paragraph set forth above as though each were fully set forth herein including, but not limited to, Paragraphs 70-79, 91-94, 99-116, 121-124, 137-217, 225-269, 272, 275 and 286.
311. Defendants, by virtue of the responsibilities and duties confered upon them by their Secret 1993 Closing Agreement with the United States Department of Treasury, and its Internal Revenue Service, are "state actors" and have acted under color of State Law to deprive Plaintiff of certain Constitutional Rights including, but not limitied to, the right to freedom of religion, the right of freedom of speech, the right of freedom of association, the right to due process of law, the right to hold property, the right to be free from discriminatory practices, and the right to enjoy the civil rights guaranteed under law on an equal basis with all citizens.
312. Plaintiff further alleges that the acts complained of herein are indicative and representative of certain discriminatory and unconstitutional policies, customs, and practices of Defendants, and that said policies, customs and practices are the direct and proximate result of the Defendants' deliberate indifference to the repeated violations of the constitutional rights of the various types of members, including staff members, of Defednants' enterprise and of the churches and corporations of Scientology, and Defendants'deliberate indifference to the repeated violation of the constitutional rights of persons deemed by the Defendants to be "Suppressive Persons" and/or otherwise subject to the policies, practices and customs described herein as Defendants' "Fair Game" policy.
313. In consequence of Defendants' conduct, Plaintiff has been damaged in an amount subject to proof at the time of trial.
312. The aforesaid acts of Defendants were willful, wanton, despicable, malicious and oppressive, and justify the awarding of exemplary and punitive damages in an amount subject to proof at the time of trial.
SIXTH CAUSE OF ACTION
(Against All Defendants and Does 1 through 10,
Inclusive, for Civil Rights Violations
(42 U.S.C. Sections 1985 and 1988)
314. Plaintiff refers to and incorporates by reference each and every paragraph set forth above as though each were fully set forth herein Paragraphs 91-96, 99-116, 121-126, 137-217, 225-269, 272, 275 and 286.
315. Plaintiff is informed and believes, and thereupon alleges, that a conspiracy existed among the Defendants herein and others, to deprive Plaintiff of his civil rights, equal protection, privileges, and immunities extended to him under the Constitution of the United States and the States of Florida and California.
316. Plaintiff is further informed and believes, and thereupon alleges, that Defendants purported to act under the color of state law and authority and use "state actors", among other things, because they had been appointed by the United States Department of the Treasury (in 1993 in the Secret Closing Agreement) as agents for the purpose of monitoring their own complicance, and that of all Scientologists, with the tax laws of these United States and on the basis of their claimed religious status and tax-free status, sanctioned by the relief defendants herein, and, among other things, resulting from their lobbying, public relations, and other efforts to ensure that law enforcement and other authorities ignored reports of Defendants' conduct or otherwise turned the other way.
317. Defendants, among other things, through their policies and practices, intended to force plaintiff to choose between protecting his employment, residence, relationships and associations and protecting his civil rights and the civil rights of other citizens.
318. In consequence of Defendants' conduct, Plaintiff has been damaged in an amount subject to proof at the time of trial.
318. The aforesaid acts of Defendants were willful, wanton, despicable, malicious and oppressive, and justify the awarding of exemplary and punitive damages in an amount subject to proof at the time of trial.
SEVENTH CAUSE OF ACTION
(Against All Defendants and Does 1 through 10,
Inclusive, for Civil Rights Violations
(Cal.Civil Code Section 52. 1(a) and (b))
319. Plaintiff refers to and incorporates by reference each and every paragraph set forth above as though each were fully set forth herein. In particular, Plaintiff refers to and incorporates as though each were fully set forth herein, Paragraphs 91-96, 99-116, 121-124, 137-217, 225-269, 272, 275 and 286.
320. Defendants and each of them interfered or attempted to interfere by threats, intimidation, or coercion, with the exercise or enjoyment by Plaintiff of rights secured by the Constitution and laws of the United States and/or by the Constitution and/or laws of the State of California.
321. The interference, or attempted interference caused Plaintiff to suffer injury, damage, loss or harm.
322. To prevent further violations of Plaintiff's civil rights, Plaintiff seeks temporary and permanent injunctive relief, requiring Defendants to cease any activities intended to interfere by threats, intimidation, or coercion with the exercise or enjoyment of his civil rights secured by the Constitution and laws of both the United States and State of California.
323. As a proximate result of the wrongful acts herein alleged, Plaintiff has been damaged in an amount to be determined according to proof at trial.
324. The aforementioned acts of Defendants were willful, wanton, despicable, malicious and oppressive and justify the awarding of exemplary and punitive damages in an amount subject to proof at the time of trial of this matter.
EIGHTH CAUSE OF ACTION
(Against All Defendants and Does 1 through 10,
Inclusive, for Fraud (Misrepresentation of Charitable Nature,
and that Defendants Were a Peaceful, Law Abiding, Religion
that Co-existed With Other Religions)
325. Plaintiff refers to and incorporates by reference each and every paragraph set forth above as though each were fully set forth herein.
326. Defendants, and each of them, represented to the Plaintiff, that they were rendering services of a spiritual and psychological nature that would make the Plaintiff a better person. These representations included statements that Scientology technology would scientifically improve Plaintiff's well-being and make him a psychologically better person. Moreover, these representations included claims that Defendants were operating a law abiding, legitimate, peaceful religion that respected human and civil rights. These representations were false and made by Defendants, and each of them, and were known to be false when made.
327. Defendants, and each of them, knew that the secular practices of the so-called Church of Scientology, its affiliates, and Defendants named herein, were not designed to increase the well-being of any of its victims, but were made to coercively persuade each and every follower to dedicate their lives to Defendants in order for Defendants to increase their wealth derived from an overall scheme to make money founded on the exploitation of free and/or cheap labor. Pursuant thereto, Defendants, and each of them, required Plaintiff to unwittingly participate in and contribute to, crimes against the United States government, and other governments around the world, including the obstruction of justice, suborning of perjury and efforts to create corporate structures designed to keep payments from properly being made to the Internal Revenue Service.
328. Pursuant to the fraudulent scheme described herein, Plaintiff was subjected to humiliation, degradation, physical labor, and imprisonment, all designed to break down his will and free thinking, and convert him into a submissive, frightened and dedicated follower of Defendants.
329. In submitting to Defendants' processes and programs, Plaintiff reasonably relied upon the representations of Defendants, and each of them, and if he had known the truth, Plaintiff would not have so submitted. As a result of said fraudulent conduct, Defendant lost nearly 25 years of his life, suffered emotional distress and psychological injury, and was deprived of over half a million dollars in monies, years of proper income and years of wasted opportunity.
330. Throughout the period that the Plaintiff was a member of the Church of Scientology, Defendants and their agents and employees continuously made and provided the Plaintiff with written representations that the Church of Scientology was a peaceful, law-abiding, tax-exempt, non-profit religious, charitable organization that was compatible with the concurrent practice of other religions and that would cure him of his "ruin" otherwise known, in his specific Case his homosexuality or being "Out 2-D" in Defendants' parlance.
331. The aforesaid representations, and the others contained elsewhere herein, were false because, among other things as set forth in various of the foregoing paragraphs (all of which are incorporated in this cause of action) The Church of Scientology's facade of religiosity was an intentional fraud conceived by Commodore Hubbard, implemented by Defendants and perpetuated upon Plaintiff by Defendants;
(a) The Defendants had made a business out of selling religion;
(b) The Defendants claimed to be compatible with, and to co-exist with, all other religions whereas, in truth, the reverse is true. Among other things, Commodore Hubbard says, "the man on the cross, there was no man on the cross." (http.//www/lermanet2.com/cos/nochrist.wav). Commodore Hubbard also writes in the Professional Auditor's Bulletin, Book 2, page 26, ". . . and the Christ legend as an implant in pcs a million years ago" (an implant being an electronically assisted brainwashing that Commodore Hubbard said happens to us before this life at various times).
(c) A substantial part of the income inured to the benefit of Commodore L. Ron Hubbard and his family and now inures to the benefit of the Sea Org generally, certain senior Sea Org officers personally, including Captain Miscavige and the seven senior Scientology executives referred to in the 1993 Secret IRS Closing Agreement, certain celebrities and a legion of lawyers controlling and representing the Church. For example, from at least 1980 until January 1986, certain of the Defendants conspired to divert many millions of dollars from the Church of Scientology to Commodore L. Ron Hubbard. Thereafter, certain of the individual Defendants have conspired to divert many millions of dollars from the Church of Scientology to Authors Trust, foreign bank accounts, and grandiose and bizarre projects, as well as to use the Church of Scientology as a fraudulent facade for a vast commercial, criminal, seditious and subversive political organization.
(d) The Defendants violated public policy by conspiring to defraud the United States' government and by using their tax-exempt income to finance overtly criminal acts, commercial activities and subversive political goals as described above.
(e) In 1967, for failing to comply with the rules and regulations of the Internal Revenue Service tax-exempt corporations, the IRS removed the Church of Scientology of California, the then Mother Church, from the roster of tax-exempt organizations. The decision to strip the Church of Scientology of California of its tax-exemption was upheld by the U.S. Tax Court in 1984. Thereafter, the Church of Scientology and certain of the Defendants herein conspired to pollute, subvert, coerce, harass, and intimidate the Internal Revenue Service into reversing its repeated refusals, upheld by the highest courts in the nation, to grant tax-exempt status to the corporations and Churches of Scientology. Defendants concealed this criminal and fraudulent conspiracy from the Plaintiff whilst using monies contributed by Plaintiff to engage in this fraudulent and criminal conduct which Plaintiff would never have contributed to, and would have left the Church earlier, had he known the true facts.
(f) Defendants omitted to timely tell Plaintiff that one of its central secret doctrines is that religion itself is an aberration and must be "audited" out.
(g) Defendants' suppression of reports of induced neurosis, psychosis, attempted suicide and alleged suicide related to "auditing."
(h) Defendants' suppression of its real character, as a political secret society, issuing a "romantic" cosmology (e.g. , the creation of a new man, "homo novis", the "clear", the "OT", an esoteric veneer of satanism and other veneers and facades, as internal cover for the organization's uncelestial goals of power, wealth and political domination. In this respect, Plaintiff alleges that Scientology is similar to the most unsavory aspects of the "religion" of Nazism, as exemplified and psersonified by Adolph Hitler and Rudolph Eichman and practiced in the Third Reich.
(i) Defendants' suppression of "its" split organizational "personality"; the inner and secret Scientology of substance and the outer Scientology of front and form.
(j) Defendants' misrepresentations to the I.R.S., breaches of its 1993 Closing Agreement with the I.R.S. and breaches of its I.R.S. Section 501(c)(3) status.
332. Defendants, their agents and employees, made the non-disclosures and representations described above with the intent that the Plaintiff act and rely upon the non-disclosures and representations made and not made. The Defendants knew or should have known the representations were false and that the non-disclosures were material.
333. Plaintiff reasonably relied upon the non-disclosures and representations described above and said representations were material influences in inducing Plaintiff to pay "money, more money, and even more money," to the Defendants and provide numerous hours of labor for the Defendants for little or no compensation. If Plaintiff had known that the Church of Scientology was not properly a tax-exempt organization, that the money he gave to Scientology was being directed to Commodore L. Ron Hubbard personally, or that the Defendants were involved in overt criminal and fraudulent acts, and activity to harass and coerce agencies of the government, and to take over all government, media, businesses and persons in the world, he would not have paid said money or provided said labor.
334. As a proximate result of the wrongful acts herein alleged, Plaintiff has been damaged in an amount to be determined according to proof at trial.
335. The aforementioned acts of Defendants were willful, wanton, despicable, malicious and oppressive and justify the awarding of exemplary and punitive damages in an amount subject to proof at the time of trial of this matter.
NINTH CAUSE OF ACTION
(Against All Defendants And Does 1 through 10,
Inclusive, for Fraud (Receipt of Money by
Hubbard and his Successors))
336. Plaintiff refers to and incorporates by reference each and every paragraph set forth above as though each were fully set forth herein. In particular, Plaintiff refers to and incorporates, as though each were fully set forth herein, Paragraphs 70-228, 270-286.
337. Throughout the period that the Plaintiff was a member of the Church of Scientology, Defendants, their agents and employees continuously made written representations that Commodore L. Ron Hubbard, Captain Miscavige, Pat Broeker and other individuals did not receive any of the money Plaintiff paid to the Church of Scientology, that Commodore L. Ron Hubbard was never paid for his Scientology research, that Commodore L. Ron Hubbard forgave a $13-1/2 million dollar debt the Churches of Scientology owed him, that L. Ron Hubbard never received any royalties from the Church of Scientology, that he donated his royalties for a best-seller to the Church of Scientology and that he never received any royalties from it, and additionally, that he drew less pay from the Church of Scientology that an org staff member (about $30. 00 a week). These representations were included in publications entitled "What Your Fees Buy" and other publications and were made available to the Plaintiff.
338. Contrary to the written representations described above, L. Ron Hubbard received millions of dollars which had been improperly diverted from the Church of Scientology, never forgave any debts allegedly owed to him by the Churches of Scientology, billed and received from the Church of Scientology millions of dollars from alleged research, received millions of dollars of the Church of Scientology for royalties on his books and trademarks, and at times made as much as a million dollars a week from the Churches of Scientology. In fact, L. Ron Hubbard received tens of millions of dollars of Church of Scientology funds, including the diversion of funds to and from Religious Research Foundation, and the payments of millions of dollars from Church of Scientology bank accounts to L. Ron Hubbard bank accounts.
339. Defendants, their agents and employees, made the representations described above with the intent that the Plaintiff act and rely upon the representations made. The Defendants knew or should have known the representations were false.
340. Plaintiff reasonably relied upon the representations described above and said representations were material influences in inducing Plaintiff to pay "money, more money, and even more money," to the Defendants and provide numerous hours of labor to the Defendants for little or no compensation. If Plaintiff had known that the Church of Scientology was not properly a tax-exempt organization, that the money he gave to Scientology was being directed to Commodore L. Ron Hubbard and his successors personally, or that the Defendants were involved in overt criminal and fraudulent acts, and activity to harass and coerce agencies of the government, and to take over the world and exterminate 2. 5% of the world's population, he would not have paid said money or provided said labor.
341. As a proximate result of the wrongful acts herein alleged, Plaintiff has been damaged in an amount to be determined according to proof at trial.
342. Defendants, and each of them, engaged in said fraudulent activity with the specific intent to injure Plaintiff, which constitutes oppression, despicable conduct, malice and a conscious disregard for Plaintiff's rights and, therefore, Plaintiff is entitled to and hereby demands from Defendants, and each of them, punitive damages in an amount subject to proof at the time of trial of this matter.
TENTH CAUSE OF ACTION
(Against All Defendants And Does 1 through 10,
Inclusive, for Fraud (Misrepresentation of
Confidentiality of Auditing Files))
343. Plaintiff refers to and incorporates by reference each and every paragraph set forth above as though each were fully set forth herein. In particular, Plaintiff refers to and incorporates, as though each were fully set forth herein, Paragraphs 135, 143, 208, 267,and 269.
344. Between 1973 and the present, Defendants, their agents and employees made written representations to the Plaintiff that all information conveyed by a member of Scientology to the Church of Scientology during a Scientology process known as an "o/w write-up" (an overts and withholds write-up) and or "auditing" was to be strictly confidential and was never to be revealed to anyone except the member's auditor or case supervisor. Under no circumstances, the Plaintiff was informed in writing, would information disclosed in auditing ever be used against the person providing the information.
345. The information obtained was taken down in files or folders (hereinafter referred to as auditing or "PC" files) called "preclear," "PC," "processing," "auditing," "confessional," and/or "ethics" files.
346. From at least 1969 until the present, Defendants have had a secret written policy to extract the confidential information from "PC" files and use it for purposes of blackmail and extortion, in violation of the above representations. This policy was written by Defendant Mary Sue Hubbard and has been extensively implemented by Defendants. Although, a material matter to Plaintiff, Defendants' failed to disclose the existence of this practice to the Plaintiff. Defendants also failed to make the material disclosure that they had used such confidential information obtained from celebrity Scientology members to "pressure" those celebrities into doing Defendants' public relations and lobbying bidding and to remain within the Scientology enterprise.
347. Defendants, their agents and employees, made the representations described above with the intent that the Plaintiff act and rely upon the representations made. The Defendants knew or should have known the representations were false.
348. Plaintiff relied upon the representations described above and said representations were material influences in inducing Plaintiff to pay "money, more money, and even more money," to the Defendants and provide numerous hours of labor for the Defendants for little or no compensation. If Plaintiff had known that the Church of Scientology was not properly a tax-exempt organization, that the money he gave to Scientology was being directed to Commodore L. Ron Hubbard personally, or that the Defendants were involved in overt criminal and fraudulent acts, and activity to harass and coerce agencies of the government, he would not have paid said money or provided said labor.
349. As a proximate result of the wrongful acts herein alleged, Plaintiff has been damaged in an amount to be determined according to proof at trial.
350. The aforementioned acts of Defendants were willful, wanton, despicable, malicious and oppressive and justify the awarding of exemplary and punitive damages in an amount subject to proof at the time of trial of this matter.
ELEVENTH CAUSE OF ACTION
(Against All Defendants And Does 1 through 10, Inclusive,
for Fraud (Misrepresentation of Hubbard's Background,
Achievements and Character))
351. Plaintiff refers to and incorporates by reference each and every paragraph set forth above as though each were fully set forth herein. In particular, Plaintiff refers to and incorporates, as though each were fully set forth herein, Paragraphs 8, 70-208, 212-214, 223-225, 229-231, 262-268, 270, 272-282, 285.
352. Throughout the period that the Plaintiff was a member of the Church of Scientology, numerous written fraudulent representations about L. Ron Hubbard were made to the Plaintiff. These written representations were included in numerous books and publications written by or concerning L. Ron Hubbard which Defendants required Plaintiff to read. These representations included:
(a) That L. Ron Hubbard is the sole "Source" of Scientology writings and teachings.
(b) That L. Ron Hubbard was a nuclear physicist, with degrees from certain universities, including being a graduate of George Washington University, who had conducted over thirty years of scientific research into the nature and causes of disease, the nature of the mind, and the nature of human organizations.
(c) That Hubbard had served for four years in combat in the United States Navy during World War II, that he commanded a corvette squadron, that he was one of the most highly decorated officers during the war, that he was severely wounded in combat and received the Purple Heart, that he was crippled, blinded, twice pronounced medically dead and that he cured himself with Dianetics.
(d) That he was sent by the U.S. Naval Intelligence to break up a black magic ring in California.
(e) That Hubbard had travelled for years in the Far East and Asia, studying with great Eastern religious leaders and that he was able, in part, to formulate Scientology because of his knowledge of the East.
(f) That L. Ron Hubbard's health was perfect as a result of personal applications of the principles of Dianetics and Scientology.
(g) That L. Ron Hubbard was a person of unblemished and unquestionable integrity, motivated solely by benevolent purposes, with no interest in exploiting Scientology to make money for himself.
(h) That Scientology will scientifically provide an array of benefits, including a higher I.Q., a cure for neuroses, criminality, poor eyesight, insanity, psychosomatic ills, homosexuality and drug dependence.
(i) That Scientology's goods and services are offered on a satisfaction or money back basis.
(j) That Scientology has scientifically guaranteed to cure, among other things, asthma, arthritis, rheumatism, toothaches, pneumonia, colds and color blindness.
(k) That courses offered by Scientology can be applied by an accredited college toward a college degree.
(l) That Scientology corporations, and agents of such corporations, never committed any criminal acts or any acts in violation of the policies and rulings of the Internal Revenue Service and that no part of the net earnings of any Scientology organizations inured to the benefit of Commodore Hubbard or his agents, defendants or any of Scientology's celebrity members such as John Travolta, Tom Cruise and Nicole Kidman.
(m) That none of the policies or procedures of any Scientology organization were contrary to law or to public policy and that no part of the earnings of any Scientology organization was used for illegal purposes.
(n) That all information obtained during auditing was strictly confidential.
(o) That as stated by Commodore Hubbard in the pamphlet "What Your Fees Buy", it was represented that Commodore Hubbard was never paid for the "researches of Dianetics and Scientology," that he forgave the Scientology organizations the $13. 5 million that they owed him for services rendered, that he did not collect his 10% or his royalty fees for lectures, loans, and out-of-pocket expenses that the Scientology organizations owed him, that he donated the royalties of his first book, a best seller, to the Scientology organizations, that he did not collect the paperback royalties on that book, and that he drew "less than an org staff member (e.g., then $30 per week)." In summary, Commodore Hubbard claimed "the fees you pay for service do not go to me."
353. The above representations, and others set forth elsewhere herein, are false. In fact, inter alia, Plaintiff is informed and believes and based thereon alleges as follows:
(a) Commodore Hubbard received a failing grade in the only nuclear physics course that he took at George Washington University and was dismissed for poor academic performance after attending for one and one-half semesters.
(b) The only degree Commodore Hubbard ever received was from a mail-order college which he created and/or owned in the early 1950's.
(c) Commodore Hubbard did not serve in combat during World War II and was relieved of duty on at least three occasions while serving in the United States Navy.
(d) He was not assigned to break up a black magic ring in California but was himself a member of that occult group and practiced ritual sexual magic in it.
(e) During his wartime duty in U.S. coastal waters, he opened fire upon an uninhabited Mexican island and chased a non-existent Japanese submarine.
(f) Commodore Hubbard never commanded a corvette squadron.
(g) At the end of his military service, Commodore Hubbard was a psychiatric in-patient at Oak Knoll Military Hospital and was seeking a navy disability pension.
(h) Commodore Hubbard was never pronounced dead, never received any war wounds, was not crippled and blinded and did not receive the Purple Heart or any other decorations for bravery or injury.
(i) Commodore Hubbard had, from at least 1945 to January 1986, suffered from chronic duodenal ulcers, arthritis, bursitis, skeletal weakness, diabetes, pulmonary embolisms and a host of other diseases and ailments.
(j) Commodore Hubbard married his second wife, Sara Northrop, while still married to his first wife, Margaret Louise Grubb; Commodore Hubbard practiced ritual abortions on both his first and second wives, attempted to murder his second wife and lied on camera to Granada television about the number of wives he had had.
(k) Commodore Hubbard was arrested and convicted of petty theft in San Luis Obispo in 1947.
(l) Beginning in 1945, Commodore Hubbard began a partnership with Jack Parsons and a secret brotherhood called the O.T.O. (Ordo Templi Orientis). The leader of O.T.O. was Master Therion, the "Beast 666", Alister Crowley. Together with Parsons, Hubbard tried to create a "moon-child." Subsequently, in 1952, rehashing data and techniques from Satanist's Alister Crowley's writings, Commodore Hubbard recorded Scientology's Philadelphia Doctorate Course tapes in which he referred to "the Prince of Darkness" and said, "Who do you think I am?"
(m) Commodore Hubbard was convicted of fraud in Paris, France, in the late 1970s.
(n) The Dianetics and Scientology corporations formed by Hubbard were not formed for benevolent purposes but were conceived for the purpose to make money through deceit, deception, fraud and misrepresentation.
(o) Hubbard's early "churches" were engaged in litigation and disputes over the ownership of his Dianetics processing and eventually declared bankruptcy.
(p) That the Church of Scientology was not a tax-exempt, peaceful, law abiding, religious non-profit charitable organization;
(q) Commodore Hubbard knew and had stated that Dianetics and Scientology were formed as a religious front to enable Hubbard to make huge sums of money.
354. Defendants knew or should have known the representations set forth herein were false, and undisputedly knew they were false following the decision in Church of Scientology v. Armstrong, Los Angeles Superior Court Case No. C 420153 ("Armstrong I") on June 20, 1984, and the decision in In Re B&G (Wards) by English Justice Mr. Latey, but permitted those fraudulent misrepresentations to continue to be made to the Plaintiff. Defendants, their agents and employees, made said representations with the intent that the Plaintiff act and rely upon the representations made. Among other things, representations made in Commodore Hubbard's pamphlet What Your Fees Buy" were deliberately misleading and false in the following particulars:
(a) ASI skimmed millions of dollars from the Scientology organizations for Commodore Hubbard. From March 1982 to October 1982 alone, Commodore Hubbard's personal estate within ASI grew from $10 million to over $40 million.
(b) ASI billed the Scientology organizations for services it allegedly performed for the Scientology organizations, including management. Some of this money was laundered through certain Los Angeles law firms.
(c) Commodore Hubbard collected the royalties he claimed he had forgiven from the Scientology organizations. These included paying Commodore Hubbard for the use of St. Hill Manor in England, buying Commodore Hubbard's personal possessions for a future museum, paying Commodore Hubbard to set up a museum where he and his family once lived, and paying royalties for films, course materials and tapes Commodore Hubbard had created. Commodore Hubbard diverted over $100 million from Scientology organizations to bank accounts controlled by him between 1972 and 1981.
(d) In March 1982, Commodore Hubbard received over $200,000 in royalties each week from the Scientology organizations. This figure increased until some weeks Commodore Hubbard received over $1 million per week.
(e) It was Commodore Hubbard himself who required ASI to find ways for him to get as much money as he could from the Scientology organizations. At the same time, he required ASI to hide his receipt of these monies so that the Scientology organizations that had non-profit status would not lose their status because of inurement.
(f) Millions of dollars in money from Scientology organizations were transferred, often by "messengers" carrying millions of dollars in cash, to bank accounts which Commodore Hubbard controlled in Liechtenstein, Switzerland, and Luxembourg. Receipts and documents "legalizing" these "transfers" were drawn up after the fact.
355. Plaintiff relied upon the representations described above and said representations were material influences in inducing Plaintiff to pay "money, more money and even more money" to the Defendants and to provide numerous hours of labor for the Defendants for little or no compensation. Had Plaintiff known the truth, Plaintiff would have never given money or donated labor to the Defendants or continued to do so had Defendants told him the real truth. In reliance upon the representations made to him, Plaintiff devoted 25 years of his life to Scientology organizations, spent over half a million dollars on Scientology services, worked for the Scientology organization for periods of time constituting over 12 hours a day, seven days a week, resided for long periods in substandard living quarters infected with rats and cockroaches on Commodore Hubbard's orders and pursuant to his policies. Plaintiff suffered such actions because he had been deceived as to Commodore Hubbard's qualifications and abilities and the true nature of Commodore Hubbard and the Scientology organizations. The direct damages Plaintiff suffered resulting from the misrepresentations made to him, including the services rendered, services purchased in reliance on Hubbard's representations, opportunities foregone and indignities suffered is vastly in excess of $500,000.
356. At the time the representations were made to Plaintiff, Commodore Hubbard and the other Defendants herein knew that such representations were false and the non-disclosures material. The representations were part of an elaborate scheme and artifice to obtain money and assets by creating organizations for allegedly religious tax-exempt purposes and, subsequently, ordering the payment of such assets for his personal use and subsequently the personal use of his successors, such as Captain Miscavige and others referred to in the Secret 1993 I.R.S. Closing Agreement, and the inurement to the benefit of certain celebrity Scientology members such as Tom Cruise ("TC") and John Travolta ("JT"). To implement such a plan, Commodore Hubbard organized Scientology organizations throughout the world that have fraudulently obtained billions of dollars since their creation and Plaintiff should be awarded compensatory and exemplary damages in an amount to be proven at trial.
357. In relying upon Defendants' fraudulent misrepresentations, Plaintiff was damaged in the amount of moneys paid, and for labor provided, all of which will be ascertained according to proof.
358. The aforementioned acts of Defendants were willful, wanton, despicable, malicious and oppressive and justified the awarding of exemplary and punitive damages in an amount subject to proof at the time of trial of this matter.
TWELFTH CAUSE OF ACTION
(Against All Defendants and Does 1 through 10,
Inclusive, For Fraud)
359. Plaintiff refers to and incorporates by reference, each and every paragraph set forth above, as though each were fully set forth herein.
360. The foregoing misrepresentations of Defendants, and each of them, were made with no reasonable basis on the part of said Defendants for believing the misrepresentations to be true.360. Said Defendants, although they should have known of the falsity of their representations, failed to disclose to Plaintiff, the false and fraudulent nature of Defendants' misrepresentations and non-disclosures.
361. Defendants concealed and suppressed said facts that they were bound to disclose. The concealed facts include, but are not limited to, those set forth in the various paragraphs. Moreover, Defendants told Plaintiff other facts and prevented Plaintiff from discovering the suppressed facts. Such facts were suppressed and concealed with the intent to defraud and induce Plaintiff to purchase "auditing" and training. Further, Defendants knew that Plaintiff would rely upon and act upon such misstatements and misrepresentations. At the time, the Plaintiff was unaware of the concealed and suppressed facts and would not have taken the actions subscribed had Plaintiff known said facts.
362. The representations, misrepresentations and omissions were made and not made, with the intent to induce Plaintiff to rely thereon, and enter into a relationship with the Defendants, expend enormous sums of money for the benefit of Defendants, endure exhaustion, coercion, trickery, quackery, hypnosis, brainwashing, and manipulation, to travel interstate and internationally, to endure further exhaustion, coercion, trickery, quackery, brainwashing, hypnosis, and manipulation, and to embrace and espouse the processes and practices of Defendants, and each of them.
363. Defendants had a moral and legal duty to Plaintiff to speak, not to leave his inquires unanswered or misanswered and otherwise intentionally mislead him, inter alia. Defendants created a false impression by the selective disclosure of some facts and the concealment of other material facts which they were duty bound to disclose.
364. Plaintiff reasonably relied upon the above-mentioned misrepresentations, and material omissions and non-disclosures, as a direct result of the success with which Defendants were able to carry out their activities of brainwashing, mind control, hypnosis, exhaustion, coercion, trickery, quackery and manipulation. In reliance on the above-mentioned misrepresentations and material non-disclosures, Plaintiff was defrauded out of over $500,000. In addition, in reliance on the above-mentioned fraudulent misrepresentations, and material omissions, Plaintiff has divulged highly personal and confidential information to Defendants, expended considerable time and money in pursuit of the alleged teaching, training and "auditing", sold to him by Defendants, allowing himself to be exhausted, tricked, coerced, hypnotized, brainwashed and manipulated into embracing and espousing the processing and practices engaged in by Defendants.
365. As a direct, proximate and legal result of Defendants' fraud, Plaintiff has generally been damaged in the approximate amount of $500,000: the amount expended by Plaintiff on the teaching, "auditing", materials and activities of Defendants, and each of them. As a further direct, proximate and legal result of Defendants' fraud, Plaintiff has also lost valuable business in an amount to be proven at trial.
366. Discovery of the fraud on the part of the Defendants, and each of them, commenced on or about June 1, 1997, and is ongoing, as is more particularly described above, the allegations of which are incorporated herein as set forth fully by this reference.
367. The aforementioned misrepresentations, and material omissions, were made willfully and maliciously, with the intent to injure and oppress Plaintiff and, by reason thereof, Plaintiff is entitled to exemplary and punitive damages in an amount appropriate to punish and make an example of Defendants.
THIRTEENTH CAUSE OF ACTION
(Against All Defendants and Does 1 through 10,
Inclusive, For Fraud/False Advertising
Deceptive Trade Practices)
368. Plaintiff refers to and incorporates by reference, each and every paragraph set forth above, as though each were fully set forth herein.
369. Beginning in or about the Fall of 1973, agents and representatives of various of the Defendants herein began a long-term series of misrepresentations, and non-disclosures, to Plaintiff concerning the nature and source of Scientology's dogma, and the advantages to be derived therefrom. These misrepresentations included claims that Scientology was a scientific system that could legitimately improve one's IQ, cure a person of his/her physical ailments, cure a person of his/her sexual orientation or preference, guarantee good health and well being, and that adherents to the tenets of Scientology would improve one's business and personal relationships, making it possible for Plaintiff to achieve anything he desired. Furthermore, Defendants misrepresented to Plaintiff that they were engaged in a peaceful, law abiding, legitimate religion. During the course of his obtaining services and "auditing" from the various Defendants, Plaintiff has paid in excess of $500,000 to various of the Defendants herein.
370. In addition to the oral and written misrepresentations made, and set forth above, misrepresentations on the part of various of the Defendants were made over the same period of time by way of the various publications, tapes, books, and promotional material supplied by Defendants and their agents to the Plaintiff.
371. The various misrepresentations made, and material non-disclosures, not made to the Plaintiff were false, misleading and untrue in numerous respects, including, but not limited to, representations concerning the qualifications of L. Ron Hubbard, the scientific basis for Scientology, the source of materials and the "technology", the nature and quality of Scientology services, the scientific underpinning for the tenets of Scientology, the validity of various copyrights and trademarks, and the use to which they were being put, and the various benefits, including on-going good health, that Plaintiff could expect from training and processing provided by Defendants. Additionally, representations were made to Plaintiff that problems that he believed he was suffering from, as a result of his sexual orientation were not, in fact, a problem of orientation, but rather were physiological manifestation that, supposedly, according to LRH, were the result of "engrams" and "implants" affecting Plaintiff that could and would be cured by purchasing more services from Scientology, and, in particular, by continued Scientology "auditing." Moreover, the misrepresentations and non-disclosures also concerned the criminal, tortious and seditious objectives and activities of Defendants described, in part, in preceding paragraphs elsewhere herein.
372. At the time these misrepresentations were made to Plaintiff, Defendants herein knew, or should have known, that those representations were not true. Defendants knew, or should have known, that they are not qualified and/or properly licensed to render medical treatment or advice, and that "auditing" does not prevent or cure disease, illness, past-life implants or alter one's sexual orientation and/or preference and that they had been judicially enjoined from making such representations in the case of [Gesseu].
373. Because the Plaintiff was convinced that the representations made by various of the Defendants were true, and because Plaintiff had no knowledge of the material non-disclosures, he reasonably relied upon those Defendants to his damage, as set forth herein.
374. By reason of the various Defendants' fraud, misrepresentations and deceptive trade practices, Plaintiff was induced to spend the amounts alleged herein, at least $500,000, all to his damage. Further, Plaintiff has suffered additional damages from emotional distress, loss of income, loss of earning capacity and loss of enjoyment of life in contravention, inter alia, of the Bill of Rights.
375. As a proximate result of the wrongful acts herein alleged, Plaintiff has been damaged in an amount to be determined according to proof at trial.
376. The aforementioned acts of Defendants were willful, wanton, despicable, malicious and oppressive and justify the awarding of exemplary and punitive damages in an amount subject to proof at the time of trial.
FOURTEENTH CAUSE OF ACTION
(Against All Defendants And Does 1 through 10,
Inclusive, for Constructive Fraud)
377. Plaintiff refers to and incorporates by reference each and every paragraph set forth above as though each were fully set forth herein.
378. Defendants, and each of them, represented to the Plaintiff, that they were rendering services of a spiritual and psychological nature that would make Plaintiff a better person. These representations included statements that Scientology technology would scientifically improve Plaintiff's well-being and make him a psychologically better person. They also included statements that Scientology was a peaceful, law abiding and legitimate religion. These representations were falsely made by Defendants, and each of them, and known to be false when made.
379. As a consequence of the false representations made by Defendants, and each of them to Plaintiff, Plaintiff and Defendants developed a relationship of trust elevating Defendants to the role of fiduciaries of Plaintiff.380. In submitting to Defendants' processes, programs and practices, Plaintiff relied upon the representations of Defendants, and each of them, and if he had known the truth, Plaintiff would not have so submitted. As a result of said fraudulent conduct, Plaintiff continued to submit to Defendants' demands and to his detriment from the period in or about 1973 until mid-1997.
380. As a proximate result of the wrongful acts herein alleged, Plaintiff has been damaged in an amount to be determined according to proof at trial.
381. Defendants, and each of them, engaged in said fraudulent activity with the specific intent to injure Plaintiff, which constitutes oppression, malice and conscious disregard for Plaintiff's rights and, therefore, Plaintiff is entitled to and hereby demands from Defendants, and each of them, punitive damages in an amount subject to proof at trial.
FIFTEENTH CAUSE OF ACTION
(Against All Defendants And Does 1 through 10,
Inclusive, for Breach of Fiduciary Duty)
382. Plaintiff refers to and incorporates by reference each and every paragraph set forth above as though each were fully set forth herein.
383. When soliciting the Plaintiff to join Scientology, Defendants, their agents and employees invited and expected Plaintiff to place his trust in the Defendants and to come to them with his most personal and intimate concerns and personal history. Plaintiff did indeed place his confidence in the integrity of the Defendants and Defendants voluntarily accepted such confidence. By encouraging Plaintiff to repose his trust and confidence in their integrity, and by voluntarily accepting such trust and confidence, Defendants assumed a fiduciary duty to the Plaintiff.
384. Plaintiff is informed and believes and based thereon alleges as follows: Defendants breached their fiduciary duties to the Plaintiff, among things, by:
(a) Permitting a non-officer of the Scientology Churches, L. Ron Hubbard, to control and dominate the churches of Scientology.
(b) Failing to disclose to Scientology, and/or Plaintiff, that a non-officer of the Scientology Churches controlled and dominated the Church of Scientology;
(c) Permitting money paid by the Plaintiff, and income earned through the Plaintiff's labor, to be used to finance overtly criminal, unlawful, anti-social, tortious and seditious operations and activities such as those identified in various paragraphs of this First Amended Complaint;
(d) Failing to disclose to Plaintiff that money Plaintiff paid, and income earned through Plaintiff's labor, was used to finance overtly criminal, unlawful, anti-social, tortious and seditious operations and activities such as those described in various paragraphs of this First Amended Complaint;
(e) Permitting Defendants Mary Sue Hubbard, Jane Kember, Anne Broeker, Pat Broeker, Captain David Miscavige, Norman Starkey, Lyman Spurlock, Terri Gamboa, Mark Fisher, Mark ("Marty") Rathbun, Ray Mithoff and Heber Jentzch to assume dominion and control, under Commodore L. Ron Hubbard's direction, of the Churches of Scientology's assets and property without having corporate authority to do so;
(f) Permitting the transfer of millions of dollars of Scientology assets to Commodore L. Ron Hubbard through Defendant ASI without corporate authority;
(g) Failing to disclose the transfer of millions of dollars of Scientology assets to Commodore L. Ron Hubbard through Defendant ASI and doing so contrary to Commodore Hubbard's 1969 publication What Your Donations Buy;
(h) Permitting the misrepresentations identified herein to be made to the Plaintiff and the general public;
(i) Failing to disclose to Plaintiff the truth about the misrepresentations and non-disclosures identified in this First Amended Complaint.
(j) Failing to ensure that Scientology processes and practices, including the "Purification Rundown" and OT VIII, were delivered to Plaintiff in a proper and safe manner.
385. Defendants had a fiduciary duty to disclose the facts alleged above and had they done so, Plaintiff would not have given a sum in excess of one-half million dollars to the corporations and Churches of Scientology or provided thousands of hours of unlawfully renumerated labor to the corporations and Churches of Scientology. As a result of Defendants' breaches of fiduciary duty, Plaintiff's money and labor was never used for the purposes Plaintiff intended.
386. In relying upon Defendants' fraudulent misrepresentations, Plaintiff was damaged in the amount of monies paid, and for labor provided, all of which will be ascertained according to proof but which exceed $500,000.
387. The aforementioned acts of Defendants were willful, wanton, despicable, malicious and oppressive and justify the awarding of exemplary and punitive damages in an amount subject to proof at the time of trial of this matter.
SIXTEENTH CAUSE OF ACTION
(Against All Defendants and Does 1 through 10,
Inclusive, for Invasion of Privacy and Injunctive Relief)
388. Plaintiff refers to and incorporates by reference each and every paragraph set forth above as though each were fully set forth herein including, but not limited to, Paragraphs 71-73, 79, 132-207, 210-211, 218-224, 226-228, 235-254 and 269.
389. Plaintiff has heretofore availed himself of certain purported "counseling" services offered by Scientology. In the course of said counseling services, Scientology represented that Scientology was a benevolent, law-abiding organization and that confidences given by Plaintiff would be maintained inviolate.
390. Plaintiff, in reasonable reliance upon such representations, including the representation of confidentiality, made disclosures to persons holding themselves out as religious counselors under the aegis and authority of Scientology.
391. These Defendants held themselves out, among other things, to be "religious" organizations and endeavored to gain the trust and confidence of those who came to them seeking guidance. As a consequence of these representations, these Defendants owed a fiduciary duty to Plaintiff, including a duty to keep matters confided to them in the strictest confidence.
392. Plaintiff is aware that during the course of "counseling sessions" provided by these Defendants, the "counselor" took written notes of the confidential information imparted during the alleged "counseling sessions". The confidential information was collated in documents known as "Pre-Clear Folders" as Files ("PC Folders or Files") and/or "Ethics Folders and/or Files" as well as "Guardian's Office" - B-1 files and/or their OSA equivalent.
393. Pursuant to the promises of Defendants, and all of them, regarding spiritual and psychological counseling, Plaintiff was forced to participate in "counseling sessions" in which he was forced to reveal his innermost private thoughts and feelings. Defendants, and each of them, represented to Plaintiff that all such information received from the so-called "auditing sessions" employing the use of various psychological techniques, including, but not limited to, the use of the E-Meter, described in the Common Allegations above, would be held in confidence and would never be disclosed or put to any use. Said information was of no legitimate public concern. Pursuant to these representations and promises, Plaintiff participated in the "auditing sessions" and discussed and disclosed his innermost private thoughts and feelings.
394. In violation of their fiduciary duty to maintain the confidentiality of material gained during the "counseling sessions", these Defendants, through their agents, servants, counselors and employees, have disclosed, and have attempted to disclose, the confidential material to third parties, and are likely to continue to engage in such unethical conduct, for extortionate purposes and other objectives contrary to what most United States Citizen's would consider to be against the peace, order and good government of these United States; and contrary to these Defendants' obligations to these United States because of Defendants' subversive and treasonous beliefs, practices, misrepresentations, and non-disclosures whether or not cloaked in the fraudulent misuse of the protections of the First Amendment to the United States Constitution; or otherwise resulting from Defendants; and each of them, including Does 1-10, being part of the herein described conspiracy to, at certain relevant times, "utterly destroy" Plaintiff and all those acting in his behest or on his behalf.
395. As a direct and proximate result of the acts alleged herein and other acts constituting tortious invasion of privacy, Plaintiff has incurred, and continues to incur, damages, including damages for emotional distress. These damages are not presently calculable, but exceed $500,000, and Plaintiff will seek leave to amend this complaint to conform to proof presented at trial.
396. Plaintiff seeks a temporary and permanent injunction, and the return of all of Plaintiff's PC Folders or Files and Ethics Folders and/or Files as well as any and all copies of such contents which would include, but not be limited to, Guardian's office B-1 files, or their OSA equivalents, so that these Defendants, and the Scientology enterprise, will be unable to compromise further the confidences entrusted to them by Plaintiff.
397. As a result of this violation of privacy, Plaintiff has been humiliated, rendered distraught, and suffered emotional distress, damaging him in an amount according to proof at trial.
398. These Defendants, and each of them, engaged in said invasion of privacy with the specific intent to injure Plaintiff, his business and society. This conduct is despicable, oppressive, malicious and done in conscious disregard of Plaintiffs' rights. Therefore, Plaintiff requests exemplary and punitive damages in an amount subject to proof at time of trial of this matter.
SEVENTEENTH CAUSE OF ACTION
(Against All Defendants and Does 1 through 10,
Inclusive, for Intentional Infliction of Emotional Distress)
399. Plaintiff refers to and incorporates by reference each and every paragraph set forth above as though each were fully set forth herein including, but not limited to, Paragraphs 128-224 and 226-271.
400. Defendants, and each of them, represented to Plaintiff that they were rendering services of a spiritual and psychological nature that would make Plaintiff a better person. These representations included statements that Scientology would scientifically improve Plaintiff's well-being and make him physiologically a better person. These representations were falsely made by Defendants, and each of them, and known to be false when made. Based on the relationship of trust developed between Plaintiff and Defendants, Defendants and each of them, were fully aware of the particular susceptibility of Plaintiff to emotional distress imposed by them.
401. Defendants' conduct as set out in the complaint above was intentional and malicious and done for the purpose of causing Plaintiff to suffer humiliation, mental anguish, emotional and physical distress. The conduct of Defendants in confirming and ratifying that conduct was done with the intent that Plaintiff's emotional and physical distress would thereby increase upon application of the indoctrination techniques used by Defendants. Such conduct was done with a conscious and reckless disregard for the consequences to Plaintiff's physical, mental and emotional well being.
402. As the proximate result of the aforementioned intentional acts of the Defendants, Plaintiff has suffered humiliation, mental anguish, emotional and physical distress, and has been injured in mind and body. These damages are not presently calculable, and Plaintiff will seek leave to amend this complaint to conform to proof presented at trial.
403. The aforementioned acts of Defendants were willful, wanton, despicable, malicious and oppressive and justify the awarding of exemplary and punitive damages in an amount subject to proof at the time of trial of this matter.
EIGHTEENTH CAUSE OF ACTION
(Against All Defendants and Does 1 through 10,
Inclusive, For Negligent Infliction of Emotional Distress)
404. Plaintiff refers to and incorporates by reference each and every paragraph set forth above as though each were fully set forth herein including, but not limited to, Paragraphs 128-224 and 226-271.
405. During the course of his relationship with the various Defendants, Plaintiff entered into a relationship in which he placed trust in Defendants and their claims concerning the benefits they claimed they were providing to him. During the course of his involvement with the various Defendants, Plaintiff had developed a relationship in which he depended upon the Defend ants for his emotional, mental and physical health and well being. Defendants violated this trust. Further, by undertaking to provide Plaintiff with advice and treatment concerning his physical, mental and emotional well being, Defendants had a duty of care toward Plaintiff as to his physical, mental and emotional well being.
406. From the period of 1973 until 1997, Defendants, and each of them, represented to Plaintiff that they were rendering services of a spiritual and physiological nature that would make Plaintiff a better person. These representations included statements that Scientology technology would scientifically improve Plaintiff's well-being and make him psychologically a better person.
407. Plaintiff is informed and believes, and based thereon alleges, that Defendants knew, or should have known, that their conduct was likely to result in causing him to suffer severe emotional distress.
408. As a direct and proximate result of Defendants' acts, Plaintiff suffered severe emotional distress in the form of fright, grief, shame, humiliation, embarrassment, anger, chagrin, disappointment and worry. Additionally, Plaintiff has suffered damage to his health, loss of income, and loss of earning capacity. All damages set forth herein are subject to proof at time of trial in this matter.
409. As a proximate result of the wrongful acts herein alleged, Plaintiff has been damaged in an amount to be determined according to proof at trial.
410. The aforementioned acts of Defendants were willful, wanton, despicable, malicious, and oppressive and justify the awarding of exemplary and punitive damages in an amount subject to proof at the time of trial of this matter.
NINETEENTH CAUSE OF ACTION
(Against All Defendants and Does 1 through 10,
Inclusive, For Assault)
411. Plaintiff refers to and incorporates by reference each and every paragraph set forth above as though each were fully set forth herein.In particular, Plaintiff refers to and incorporates, as though each were fully set forth herein, Paragraphs 226-228, 242-247, 251-254, 286(a)-286(c)
412. At various times set forth above, Plaintiff was physically assaulted by various agents of Defendants herein, in particular agents and employees of FLAG (in Clearwater, Florida) and other Scientology entities (such as the Paris Org.). Among other things, agents of FLAG, Sea Org and other of the Defendants herein, acting on behalf of Defendants in this matter, physically restrained Plaintiff and held him against his will. During such time, despite his request that he be allowed to do so, Plaintiff was neither allowed to voluntarily leave and was also physically restrained from doing so. During his confinement, Plaintiff was in fear of physical battery by the agents or employees of the Defendants.
413. Plaintiff has suffered damages, including loss of income, loss of earning capacity, related expenses and severe emotional distress by reason of the above-mentioned tortious conduct on the part of Defendants and their agents.
414. The aforementioned acts of Defendants were willful, wanton, despicable, malicious, and oppressive and justify the awarding of exemplary and punitive damages in an amount subject to proof at the time of trial of this matter.
TWENTIETH CAUSE OF ACTION
(Against All Defendants and Does 1 through 10,
Inclusive, For False Imprisonment)
415. Plaintiff refers to and incorporates by reference each and every paragraph set forth above as though each were fully set forth herein. In particular, Plaintiff refers to and incorporates, as though each were fully set forth herein, Paragraphs 226-228, 242-247, 251-254, 286(a), 286(c).
416. Defendants' conduct, in pertinent part as set forth above, including, but not limited to, Defendants' agents, and others acting on behalf of Defendants herein, in confining Plaintiff to rooms at the Paris Celebrity Center and the Clearwater Sand Castle Hotel, and physically restraining him from leaving, was tortious and without any applicable privilege.
417. Plaintiff is informed and believes and thereon alleges that the criminal, tortious and outrageous practice of holding Plaintiff and other persons against their wills is a common practice of said Scientology enterprise, one which has its basis in the most fundamental thought control, conditioning, indoctrination exercises of the Scientology organization called Training Routines (hereinafter "TRs"). The end results of these routines are the neutralization of the person's critical thinking faculties and the increased susceptibility of the person to further mind control and manipulation by the Scientology enterprise and its minions.
418. The Scientology organization fraudulently sells these thought control, conditioning, indoctrination exercises to the "raw meat" (newly involved) public as the "Communications Course," allegedly designed to help people improve their ability to communicate. Rather, TR's are merely an introduction to the Scientology organization's dogma and conditioning permitting the person only to communicate better with other Scientologists and grievously and purposefully hampering his ability to communicate with people outside of the Scientology organization.
419. In TR-3 ("Hubbard Communications Office Bulletin of 16 August 1971, Issue II, Training Drills Modernized") the initiate learns that he must answer the question, that he will be repeatedly asked the same question until the "correct" answer is given, and that he will be forcibly restrained if he attempts to leave without doing that which has been demanded of him. Thus Plaintiff, and all persons ever exposed to this mind control technique, have been indoctrinated to believe that verbal abuse and badgering as well as forcible restraint are appropriate and necessary components of the Scientology organization's doctrine without which the Scientology organization alleges that no spiritual enlightenment or spiritual freedom would be possible.
420. According to the Dianetics and Scientology Technical Dictionary "TR-7 [is] a drill to train a student never to be stopped by a person when he gives a command . . . to teach him to handle rebellious people and to bring about his willingness to handle other people. ("Hubbard Communications Office Bulletin of 7 May 1968: Upper Indoc TRS"), In this conditioning exercise Plaintiff, and all participants in Scientology, have been manipulated to believe that it is appropriate to be physically restrained in order to achieve compliance with the Scientology organization's commands. Additionally, through TR-9 ("Hubbard Communications Office Bulletin of 7 May 1968: Upper Indoc TRS"), Plaintiff, and all participants in Scientology, have been coerced into believing that you are not allowed to leave a "session" (and by implication all activities of the Scientology organization as well as the Scientology organization itself) without severe consequences of both a physical and ultimately a spiritual nature.
421. Plaintiff and others who have participated in these indoctrination techniques have come to believe that non-compliance with Scientology's commands will be met with ever-escalating levels of verbal, non-verbal, and physical force. Plaintiff learned that in order to survive and achieve the alleged spiritual benefits offered by the Scientology organization (and ostensibly available only through the Scientology organization) that it was necessary for him to give away, or at least subsume, his right to resist, resulting in his ever increasing depression, disassociation and desperation. Concomitantly, participation in these same services (TR's) "informed" Plaintiff's captors, in both Paris and in Clearwater, Florida, that their behavior in holding Plaintiff against his will was acceptable irrespective of its being both illegal and egregiously morally reprehensible. Indeed, given the Defendants' undoubted exposure to these same thought control, conditioning, indoctrination exercises their false imprisonment of said Plaintiff was undoubtedly, horrifyingly, deemed laudable by the Scientology organization and its minions.
422. In employing these coercive and threatening tactics during the course of imprisonment more fully described hereinbefore, Defendants, and each of them, acted with deliberate malice for the purpose of forcing submission of Plaintiff to their control, so that he would remain under their coercive influence and, among other things, be totally stripped of his Christian beliefs.
423. As a proximate result of the acts of Defendants set out herein, and in the Common Allegations, above, Plaintiff was injured in his health, strength and activity, sustaining injury to his body and shock and injury to his nervous system and person, all of which injuries have caused Plaintiff to suffer extreme and severe physical pain and mental anguish. All damages set forth herein are subject to proof at the time of trial.
424. As a proximate result of the wrongful acts herein alleged, Plaintiff has been damaged in an amount to be determined according to proof at trial.
425. Defendants, and each of them, engaged in the false imprisonment of Plaintiff as herein alleged, and were willful, wanton, despicable, malicious, and oppressive, and their acts justify the awarding of punitive damages, and Plaintiff is entitled to and herein demands from Defendants, and each of them punitive damages in an amount to be proven at trial.
TWENTY-FIRST CAUSE OF ACTION
(Against All Defendants and Does 1 through 10,
Inclusive, For Libel and Slander Per Se)
426. Plaintiff refers to and incorporates by reference, each and every paragraph set forth above, as though each were fully set forth herein. In particular, Plaintiff refers to and incorporates, as though each were fully set forth herein, paragraphs 230-237, 285.
427. The above statements, including but not limited to those set forth in the said "knowledge reports," telexes, HCO orders and Public Issues, and others, were intended to adversely effect Plaintiff in his trade and profession, and to state and imply moral turpitude, neglect, and malice, none of which were true.429. As a proximate result of the above-described publications, Plaintiff suffered the following special damages: the loss of Plaintiff's occupation and clientele at various times, and all of the related privileges thereto, as well as a loss of general esteem in which Plaintiff was held in his community. Plaintiff was shunned by his friends and former business associates and clients. Plaintiff's friends and associates were forced by the Defendants and their agents to "disconnect" from Plaintiff. This is a policy of the Church usually applied to those individuals who have been declared to be "suppressive persons."
428. The above-described unprivileged and defamatory statements were published by the Defendants because of their feelings of hatred and ill-will towards the Plaintiff and with a desire to oppress and silence the Plaintiff and to continue to control his body, mind, and earnings. All damages set forth herein are subject to proof at the time of trial.
429. The conduct of Defendants was oppressive, fraudulent and malicious, thereby entitling Plaintiff to an award of punitive damages in an amount to punish and make an example of Defendants.
TWENTY-SECOND CAUSE OF ACTION
(Against All Defendants and Does 1 through 10,
Inclusive, For Breach of Contract)
430. Plaintiff refers to and incorporates by reference, each and every paragraph set forth above, as though each were fully set forth herein.
431. During the years from the Fall of 1973 through the Summer of July 1997, and through to the present day, Defendants and their agents entered into both oral and express agreements with Plaintiff, in which Defendants promised Plaintiff certain benefits, including but not limited to the "handling" or cure of his "ruin" or homosexuality and other misrepresentations and promises as more fully set forth above. Defendants also promised to provide spiritual and psychological services to Plaintiff.
432. Based upon such express and oral promises, Plaintiff engaged in professional Scientology training, obtained permanent certification from Defendants, and paid for Scientology "auditing" and other processing.
433. Defendants, and each of them, breached the said agreements by not providing any spiritual or psychological services, but rather, providing coercive indoctrination, psychological coercion, duress and stress, all designed to break Plaintiff's will so that he would remain a compliant servant to Defendants for the remainder of his life, and to the use of Defendants in furtherance of their illegal conduct and money making schemes and scams. As the result of said breaches of contract as set out both herein and in the Common Allegations above, Plaintiff has lost the value of the reasonable services he rendered to Defendants, and each of them, during his 25 year affiliation with Defendants. Further, Plaintiff has lost 25 years of his life that would have otherwise been spent developing his career, financial security and the pursuit of freedom and happiness for himself.
434. The conduct of Defendants, in pertinent part, as set forth above, constituted a breach of the oral and express agreements between Plaintiff and Defendants, and upon which Plaintiff had detrimentally relied.
435. Plaintiff has performed all obligations to Defendants, except those obligations Plaintiff was prevented or excused from performing. Plaintiff suffered damages legally and proximately caused by Defendants breach of agreement. Said damages are in excess of $500,000, the total amount of which will be proven at the time of trial.
TWENTY-THIRD CAUSE OF ACTION
(Against All Defendants and Does 1 through 10,
Inclusive, For Breach of Covenant
of Good Faith and Fair Dealing)
436. Plaintiff refers to and incorporates by reference, each and every paragraph set forth above, as though each were fully set forth herein.
437. As a result of oral and express agreements between Plaintiff and Defendants with respect to the "handling" or cure of his "ruin", or homsexuality and the other benefits Plaintiff would receive from Scientology training, "auditing", and processing, as set forth above, and because of the relationship which existed between Plaintiff and Defendants, the express and implied promises made in connection therewith, and the acts, conduct and communications which resulted in said express and implied, promises, Defendants covenanted and promised to act in good faith toward and to deal fairly with Plaintiff and concerning all matters related to Plaintiff's receipt of Scientology training, processing, and services, so as not to deprive Plaintiff of or to injure his right to receive the benefits of said relationship.
438. Defendants' unilateral action in doing the things set forth above, including but not limited to the arbitrary cancellation of his OT status, constituted a unilateral breach of the express and oral agreements upon which Plaintiff had relied in entering into said relationship. Such conduct, and acts on behalf of Defendants, was and were wrongful, in bad faith, and unfair, and therefore a violation of each Defendants' legal duties and the implied covenant of good faith and fair dealing implied into all contracts by applicable law.
439. As a further direct and proximate result of the aforementioned wrongful conduct of Defendants, Plaintiff has suffered anxiety, worry, mental, physical and emotional distress, and other incidental and consequential damages and emotional distress, and other incidental and consequential damages and expenses in an amount which will be proven at the time of trial.
440. The aforementioned acts of Defendants were willful, wanton, despicalbe, malicious and oppressive and justify the awarding of exemplary and punitive damages in an amount subject to proof at the time of trial of this matter.
TWENTY-FOURTH CAUSE OF ACTION
(Against All defendants and Does 1 through 10,
Inclusive, for Injunctive Relief and Constructive Trust)
441. Plaintiff refers to and incorporates by reference, each and every paragraph set forth above, as though each were fully set forth herein.
442. Defendants possess "confessional" files of the Plaintiff. These files contain intimate and secret information of the most personal nature, which was given to Defendants' care and custody under the fraudulent promise that such information would be kept in the strictest confidence. The Defendants, and each of them, have and use a secret policy that sanctions the violation by unauthorized people, of the contents of these files to be used against "enemies" of the Defendants. "Enemies" are considered to be anyone who has left the "Church" and/or disagrees with Defendants' policies.
443. Disclosure of Plaintiff's confessional materials without his consent would constitute an invasion of Plaintiff's rights of privacy. This also applies to, but is not limited to, Guardian's office B-1 files and other Guardian office files, Plaintiff's "PC", "OT", "OT VIII", "Ethics Files and/or Folders" and "OSA" files.
444. Because monetary damages cannot adequately approximate or redress Plaintiff for the damages Plaintiff will suffer resulting from disclosure of "confessional" files, and because suit for money damages would not be feasible, and Plaintiff would be irreparably harmed if such disclosure occurred, Plaintiff requires a court order to temporarily and permanently enjoin Defendants, and each of them, all their agents or employees from examining said files, making and keeping separate copies from any part of them, and removing said files or any extracts therefrom from Defendants' custody so as to protect Plaintiff's Constitutional rights to privacy.
445. As set forth above, Defendants, and each of them, obtained the information contained in said files through and with the use of fraud and misrepresentation. Defendants have no legitimate need for the Plaintiff's files, because as of the date of this filing, Defendants consider Plaintiff no longer to be a "member in good standing" of Defendants' Church of Scientology and is thus now subject to the application of the practice of "Fair Game" to utterly destroy him by any means possible.
446. To correct the aforementioned frauds, and to prevent further wrongful exploitation of the confidential material to the detriment of the Plaintiff, Plaintiff seeks temporary and permanent injunctive relief, requiring the Defendant to hold the information contained in the Plaintiff's files in constructive trust for him, and an order directing Defendants, and each of them, to return these files, and any copy or extract thereof or therefrom, regardless of the particular name they may now have or they may have previously borne. Additionally, Plaintiff seeks a temporary and permanent order restraining Defendants, and each of them, and their agents and employees from reproducing or in any manner disseminating the information contained in said files.
TWENTY-FIFTH CAUSE OF ACTION
(Against All Defendants and Does 1 through 10,
Inclusive, For Interference With Business
Relations and Prospective Advantage)
447. Plaintiff refers to and incorporates by reference, each and every paragraph set forth above, as though each were fully set forth herein. In particular, Plaintiff refers to and incorporates herein, paragraphs 3, 132-223, 230-237, 243, 245-247.
448. Defendants were aware at all times of Plaintiff's business relationships with and between other Scientologists for the purpose of engaging in the sale of his art works.
449. Defendants, through the conduct described above, and intending to injure, destroy, and otherwise interfere with Plaintiff's business and prospective business in terms of the sale of art works created by him, did intentionally, maliciously, willfully and without justification or privilege whatsoever, induce Plaintiff's customers to breach their legal duty to Plaintiff and, through the conduct set forth above, induced various persons not to do business with Plaintiff and/or cease doing business with Plaintiff and to cause numerous persons who otherwise would have become purchasers of Plaintiff's work not to deal with Plaintiff.
450. As a proximate result of Defendants' wrongful conduct, Plaintiff has lost sales, profits and damages in an amount to be determined at trial.
451. In committing such acts, Defendants and each of them, have acted intentionally, willfully, and maliciously and wantonly, and are guilty of oppression, fraud and malice. Such conduct was carried out by Defendants and each of them, intentionally and despicably with a willful and conscious disregard of the rights of Plaintiff. Plaintiff is therefore entitled to receive damages for the sake of example and by way of punishing Defendants, and each of them, in an amount according to proof at trial.
TWENTY-SIXTH CAUSE OF ACTION
(Against All Defendants and Does 1 through 10,
Inclusive, For Restitution)
452. Plaintiff refers to and incorporates by reference, each and every paragraph set forth above, as though each were fully set forth herein.
453. Defendants, and each of them, publically advocate that any person who takes Scientology courses and becomes dissatisfied with the same, is entitled to a refund of the financial compensation paid for the same.
454. This representation by Defendants, and each of them, is part of the agreement between Plaintiff and Defendants for Scientology "technology" services Plaintiff has received. Pursuant to said agreement, Plaintiff is hereby making demand upon Defendants, and each of them, for the return of the financial compensation, and interest thereon, paid for such training and courses.
455. The monies paid by Plaintiff to Defendants for the alleged services they rendered is at least $500,000.
458. Furthermore, Plaintiff demands the reasonable value of the services he provided to Defendants, and each of them, whilst a full-time employee of Defendants as more fully described above and in an amount according to proof at trial and interest thereon.
TWENTY-SEVENTH CAUSE OF ACTION
(Against All Defendants and Does 1 through 10,
Inclusive, For Unjust Enrichment, Accounting, Equitable
Tracing, Imposition of Constructive Trust and The
Appointment of A Receiver)
456. Plaintiff refers to and incorporates by reference, each and every paragraph set forth above, as though each were fully set forth herein.
457. Plaintiff is informed and believes, and thereon alleges, that as a result of the wrongful conduct herein alleged, Defendants and each of them, are now in possession of substantial sums of money and valuable property which properly should be refunded, paid and transferred to Plaintiff. No part of said sums of money or property has been refunded or delivered by Defendants to Plaintiff.
458. By reason of the wrongful manner in which Defendants obtained said sums of money and property, and the product of his labor, Defendants are involuntary trustees, ex maleficio, holding said sums, property and profits in constructive trust for Plaintiff, and with the duty to convey said sums and property to Plaintiff forthwith. Plaintiff is unable to ascertain the exact amount of said sums, property and profits, held by the Defendants as constructive trustees, ex maleficio, without a full and complete accounting from Defendants and each of them, an equitable tracing with regard to Defendants and each of them and the appointment of a Receiver to administer the Corporate Defendants monies and assets..
TWENTY-EIGHTH CAUSE OF ACTION
(Against All Defendants and Does 1 through 10,
Named Herein, for
Declaratory and Injunctive Relief)
459. Plaintiff refers to and incorporates by reference, each and every paragraph set forth above, as though each were fully set forth herein. In particular, Plaintiff refers to and incorporates, as if fully set forth herein, paragraphs 3, 4, 5, 7, 10, 13, 15, 23, 70-229, 280.
460. During plaintiffs membership in, and participation in, defendants Scientology enterprise, he was required to sign various purported agreements such as Church of Scientology of FSO Enrollment Agreement, dated October 7, 1995, Church of Scientology of FSO Enrollment Agreement dated July 26, 1995, Church of Scientology of FSO Enrollment Agreement (All Services Excluding Div. 6 Basic Courses), dated April 3, 1988, Church of Scientology of FSO Enrollment Agreement (All Services Excluding Div. 6 Basic Courses), dated November 27, 1987, Church of Scientology Enrollment Agreement (For All Services Excluding Div. 6 Basic Courses), dated April 18, 1992, and others of like and different content.
461. These purported agreements required Plaintiff to:
(a) Give up the right of any claim or cause of action against Defendants and to indemnify them and hold them harmless;
(b) That any claim, dispute or controversey Plaintiff may have with Defendants shall be submitted to the International Justice Chief (I.J.C.) at Flag;
(c) In no event could Plaintiff submit a claim or controversy to a court of judical determination and that Plaintiff was waiving his right to have disputes decided in a court of law, before a judge and a jury; to discuss or publicize his Scientology related experiences outside of Scientology;
(e) to acknowledge that he had not been coerced or pressured by any person to sign said agreements.
462. Said agreements were required to be signed by Plaintiff after he had paid for certain courses, processes, and auditing. If Plaintiff did not sign the said agreements, and any others that may have borne his signature, he clearly understood that he would not receive Defendants' services, processing, auditing and other courses that he had paid for. In that event, Plaintiff clearly understood that his only recourse would have been to either considered the monies paid gone forever, or to ask for a refund. Plaintiff knew that if he had asked for a refund, he would have been expelled from Scientology forever, prohibited forever from receiving the gains, cures, and other alleged benefits he had been promised and would thereby be subject to Defendants' policies of Fair Game directed at the handling of "Supressive Persons, that would then be applied to a person such as Plaintiff in a requested refund situation.
463. As a result of the aforesaid administrative blackmail, Plaintiff executed any and all such agreements under coercion, duress, and undue influenece, thereby rendering any such purported agreements either void or voidable at the option of Plaintiff.
464. In addition, any such and all such purported agreements were procured from Plaintiff through fraud in either the inducement or inception and therefore all provisions of any and all such puported agreements, includubg but not limited to any purported arbitration provisions, are either void or voidable at Plaintiff's option.
465. An actual controversy has arisin and exists between Plaintiff and Defendants regarding the validity of any such and all purported agreements, including his right to approach this Court for the relief requested therein.
466. Plaintiff therefore desires a judicial declaration that any and all agreements executed by Plaintiff with Defendants, or any one of them, were procured by fraud, coercion, duress, fraud in the inducement/inception, and are therefore void and/or voidable at the option of Plaintiff, thus entitling him to the relief sought herein and rendering any purported arbitration provision in any and all such purported agreements null, void and invalid. Plaintiff further desires judicial delcarations, and related temporary and permanent injunctive relief that inter alia: Defendants' activities, as set forth in its "Fair Game" policy, constitute civil rights violations pursuant to Federal law and California Civil Code Section 52. 1(a) and (b), and a violation of Defendants' non-profit and tax-exempt federal and state status, and a temporary and permanent injunction enjoining Defendants' further practice of the "Fair Game" policy.
467. Plaintiff further desires judicial declaration that the purported one billion year contract between himself and Defendants is null and void, or voidable, as being, among other things, contrary to public policy, illegal, and the product of fraud in the inducement,inception and execution.
468. Plaintiff further desires a judicial declaration that Defendants' rehabilitation project force (RPF), and the RPF's RPF, violate applicable provisions of Federal and State law, including California Civil Code Sections 52. 1(a) and (b) and a temporary and permanent injunction enjoining any continued operation of the RPF, and/or RPF's RPF, or any likeness thereof. Plaintiff further desires a judicial declaration that Defendants are vexatious litigants and that they have policies and practices that constitute the abusive use and conduct of litigation and the abuse of the judicial system. Plaintiff further desires judicial declarations enjoining Defendants' policies and practices relating to the "Purification Rundown", the "Introspection Rundown", Nots 34 and other policies and practices of Defendants that are dangerous, mentally and physically harmful, and/or constitute the unlawful practice of medicine. Such conduct will continue to occur, and to cause irreparable injury and/or death, unless temporary and permanent injunctive relief is granted by this court.
TWENTY-NINTH CAUSE OF ACTION
(Against All Defendants and Does 1 through 10,
And the RELIEF DEFENDANTS Named Herein, for
Declaratory and Injunctive Relief)
469. Plaintiff refers to and incorporates by reference, each and every paragraph set forth above, as though each were fully set forth herein. In particular, Plaintiff refers to and incorporates, as if fully set forth herein, paragraphs 3, 4, 5, 7, 10, 13, 15, 23, 70-229, 280.
470. The Relief Defendants, inter alia, through their actions described herein have commited violations of the Establishment Clause contained in the First Amendment to the United States Constitution and have thereby excessively and unconstitutionally entangled Church and State.
471. An actual controversy has arisen and exists among Plaintiff and Defendants. Plaintiff contends that he paid monies to Defendants, and gave them his money, labor, and nearly 25 years of membership, service and trust, upon the representation that Defendants were engaged in the management, administration and expansion of the Church of Scientology as a peaceful, law abiding, bona fide and legitimate religious organization. On the basis of such representations, Plaintiff has contributed funds in excess of $500,000 which have been, and are still being, used to engage in the activities described above. Plaintiff remains a member of the International Association of Scientologists and other Church of Scientology entities. Plaintiff has a continuing beneficial interest in the monies Defendants are using as set forth herein.
472. Plaintiff desires a judicial declaration that Plaintiff has an interest in the activities of the various corporations and Churches of Scientology as a result of his expenditure of monies, talent, energy, membership and labor, all at the behest and representations of Defendants, and that as a tax payer he has standing to assert violations of the Establishment Clause to the First Amendment of the United States Constitution, which entitles him to seek the relief sought herein.
473. Plaintiff further desires judicial declarations, and related temporary and permanent injunctive relief, that, inter alia:
(a) Defendants' activities, the Relief Defendant's activities, and the appointment of Defendants' as agents of the United States Government, as set forth in certain paragraphs above are in breach of its applications, and conditional approval, for tax-exempt, Section 501(c)(3), status to the Internal Revenue Service and the Conditional Letter of Exemption issued by the Internal Revenue Service in 1993, and that the activities set forth herein, and the secret closing agreement entered into between the IRS and Defendants violate applicable federal laws, regulations, rules and are also a violation of applicable provisions of the Internal Revenue Service Code and the rules and regulations promulgated thereunder and violations of the Establishment Clause set forth in the First Amendment to the United States Constitution.
(b) Defendants' aforesaid activities, and the relevant activities of the Relief Defendants, including those directed at the IRS, the U.S. Congress, Germany and Sweden, also violate provisions of the United States Constitution, including but not limited to the Establishment Clause contained in the First Amendment thereto, and other applicable laws and treaties. This conduct was done in breach of the express and implied representations, and material non-disclosure made by Defendant to Plaintiffs.
(c) Plaintiff further desires a judicial declaration that Defendants have violated applicable provisions of federal and state laws, including governing non-profit and tax-exempt organizations by, among other things and by way of example only, paying $725,000 in 1997 alone to David H. Miller and Federal Legislative Associates to lobby the executive and legislative branches of the United States' government including, but not limited to, Senator Alfonse D'Amato, and Congressmen Carlos Moorehead, Ed Pastor, Donald Payne, and Robert Ney, and Clinton Administration officials such as President Clinton and National Security Advisor Samuel R. Berger. This conduct also violates the Establishment Clause contained in the First Amendement to the United States Constitution and Defendants' duties as appointed officials and agents of the United States Government pursuant to the Secret 1993 I.R.S. Closing Agreement.
(d) Plaintiff further desires a judicial declaration that Defendants and the Relief Defendants have violated applicable provisions of the Establishment Clause set forth in the First Amendment to the Constitution of the United States by using United States Foreign Policy and Legislative Branch officials and employees to intervene in the domestic affairs of foreign nations, such as Germany and Sweden, and to place foreign nations on the Federal Government's "watch list" for trade problems, in furtherance of Defendants' so-called religious agenda in removing its so-called secret materials from the Swedish government's and Parliament's public records, and to intervene at the highest levels of the German government to pressure it to change its internal laws and policies upon spurious claims that Germany has launched a new Holocaust against Defendants and have otherwise interfered with their civil and human rights.
(e) Defendants' violations of applicable law, as set forth above, is causing irreparable damage to the trade, reputation, goodwill, and name of the Churches and corporations of Scientology, and the International Association of Scientologists, in which Plaintiff has a membership and continuing financial interest. Defendants and the Relief Defendants' violations of applicable law and the Establishment Clause contained in the First Amendment to the United States Constitution are also causing damage, and irreparable damage, to the Plaintiff and the citizens of these United States. Such violations will continue to cause irreparable injury unless Declaratory relief is granted and both Defendants, and P>the Relief Defendants, are both temporarily and permanently restrained by this Court.
(f) Plaintiff further desires a judicial declaration as to the authorship, ownership, and inappropriate use of those copyrighted works now vesting in RTC and CST that have been plagiarized, fraudulently obtained and/or registered and/or constitute misuse of copyright.
(g) Plaintiff also desires an order that Defendants immediately disgorge to the Internal Revenue Service, and other relevant federal, state and local taxing authorities, the one billion dollars in back taxes claimed by Captain Miscavige to have been otherwise due, owing and payable to the IRS in 1993 and all appropriate and proper interest due thereon.
THIRTIETH CAUSE OF ACTION
(Against All Defendants and Does 1 through 10,
Inclusive, for Conspiracy)
474. Plaintiff refers to and incorporates by reference, each and every paragraph set forth above, as though each were fully set forth herein. In this regard, no conspiracy between any lawyer and his/her client is alleged.
475. Defendants, and each of them, knowingly and willfully conspired and agreed among themselves to engage in the criminal, fraudulent and tortious activities and wrongful schemes and artifices as set forth in the various paragraphs and allegations above.
476. Defendants, and each of them, did the acts and things herein alleged pursuant to, and in furtherance of, the conspiracy described above.
477. Defendants, and each of them, furthered the conspiracy by cooperating with each other and/or by lending aid and encouragement to, and/or ratifying and adopting the acts of each other in perpetrating the conspiracy herein alleged.
478. Upon information and belief, Plaintiff alleges that the conspiracy herein alleged commenced some time in the fall of 1973, and is still on-going as of the date of filing of this Complaint.
479. As a proximate result of the wrongful acts herein alleged, Plaintiff has been generally damaged in an amount to be determined according to proof at trial, but not less than $500,000.
480. Defendants, and each of them, did the things herein alleged maliciously and to oppress Plaintiff, and this constitutes despicable conduct. Plaintiff is therefore entitled to exemplary or punitive damages in an amount to be determined at trial.
WHEREFORE, on the First, Second, Third and Fourth Causes of Action, Plaintiff requests:
1. Compensatory damages in the amount of at least $500,000 dollars;
2. For treble damages pursuant to 18 U.S.C. Section 1964;
3. Reasonable attorneys' fees and an appropriate Lodestar;
4.Costs of suit incurred herein;
5. Such other and further relief as may be proper and just.
And, on the Fifth, Sixth and Seventh Causes of Action, Plaintiff requests:
1. Compensatory damages in an amount to be determined according to proof at trial;
2. Special damages according to proof;
3. Punitive or exemplary damages in an appropriate amount;
4. Reasonable attorneys' fees and an appropriate lodestar;
5. An injunction as requested herein;
6. Costs of suit incurred herein;
7. Such other and further relief as may be proper and just.
And, on the Eighth Cause of Action and all other causes of action, except the Twenty-Eighth and Twenty-Ninth Causes of Action, Plaintiff requests:
1. Compensatory damages of at least $500,000;
2. Special damages according to proof;
3. Punitive or exemplary damages in an appropriate amount;
4. An order requiring Defendants to return Plaintiff's "PC Files, "Ethics Files", "PRE-OT", OT VIII, and "OSA" files;
5. A Temporary and Permanent injunction, the imposition of constructive trust, an accounting, restitution, disgorgement, appointment of a receiver and other relief as requested herein;
6. Costs of suit incurred herein;
7. Reasonable attorneys' fees where permitted by law;
8. Such other and further relief as may be proper and just.
And, on the Twenty-Eighth and Twenty-Ninth Causes of Action, Plaintiff requests:
1. The requested Declarations as to the applicable provisions of the Constitution of the United States, the United States Tax Code, and other federal and state statutes, rules and regulations that are being violated by the Defendants and the Relief Defendants.
2. The requested Temporary and Permanent Injunctions against the Defendants, and the Relief Defendants, enjoining such constitutional and other violations, as requested herein, and as are identified by the Declarations and Injunctions requested in the Twenty-Eighth and Twenty-Ninth Causes of Action above.
3. And, such other and further relief as is requested herein, provided at law or may be just and proper.
Dated: August 18, 1998 BERRY, LEWIS, SCALI & STOJKOVIC
Graham E. Berry
Attorneys for Plaintiff
MICHAEL P. PATTINSON
Go to February 9, 1999 Update
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