GRAHAM E. BERRY
3384 McLaughlin Avenue
Los Angeles, CA 90066
Phone: (310) 745-3771
Fax: (310) 745-3772
January 21, 2002
By Fax and Federal Express.
Hon. John Ashcroft
U.S. Attorney General
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001
Honorable Attorney General:
I respectfully submit the following information to your office for immediate action:
(1) Criminal Complaint;
(2) Civil Rights Complaint;
(3) Hate Crimes Complaint;
(4) Fraud Complaint;
(5) Request For Investigation;
(6) Request For Grand Jury Proceedings and Criminal Prosecution;
(7) against, inter alia, Church of Scientology International, David Miscavige, Mark "Marty" Rathbun, Michael Rinder, Lyn Farny, Eugene M. Ingram, Kendrick L. Moxon, Elliot Abelson, Donald R. Wager, Ava Paquette, Michael Hurtado and Miguel Hurtado; and
(8)
(9) Request for investigation of apparent public corruption:
(10) involving, inter alia, certain employees of the Los Angeles and Riverside District Attorneys offices, the Los Angeles City Attorneys Office and the State Bar in California including but not limited to Gerald Chaleff, Esq., of Los Angeles, CA; Robert Schwartz, Esq., of Riverside County, California; Elliot J. Abelson, Esq., of Los Angeles, California; Samuel D. Rosen, Esq., of New York and New Jersey; Gerald Feffer, Esq., of Washington, DC; Kendrick L. Moxon, Esq., of Los Angeles, California and Clearwater, Florida; Eugene Ingram of Los Angeles, California; Fred T. Goldberg, Esq., of Washington, DC., Margaret Milner Richardson, Esq., of Washington, DC; David Miscavige of Hemet and Los Angeles, California; Mark ("Marty") Rathbun of Los Angeles and Hemet, California and Clearwater, Florida; Michael Rinder of Los Angeles and Hemet, California and Clearwater, Florida; Donald R. Wager, Esq., of Los Angeles, California and Hon. Alexander Williams, III of Los Angeles, California.
(11)
TABLE OF CONTENTS
EXECUTIVE SUMMARY .. ..9
PART ONE ... .15
SCIENTOLOGYS "PYSCHO - TERRORISM" & R.I.C.O. ACTS AGAINST ME.. . ....15
I. INTRODUCTION .15
1. Scientologys own scriptures condone serious crime .. ..15
2. Scientology has hijacked a religion and created an instrument of war .16
3. Scientologys intelligence operations rival the FBIs . . .17
4. Scientology is terrorizing the lives of countless citizens ..18
II. SCIENTOLOGYS LAWYER - FABRICATED EVIDENCE FOR 25 YEARS . 20
1. Scientologys lead lawyer-unindicted co-conspirator in largest burglary of US Govt ....20
2. Huge FBI raids exposed Scientologys criminal frame-up of author Paulette Cooper.
Scientology frames others too ..20
3. Scientologys "Operation Snow White" still exists .... .20
4. In 1991, I was retained to /successfully defended a former Scientology lawyer 21
5. In 1993, I led the successful Scientology v. Fishman-Geertz defense . ...22
6. The related Scientology v. Time Magazine case was also successfully defended ...23
7. Scientology has limitless tax-exempt litigation terrorism budgets . .23
8. Scientology "sacred" scripture mandates concentration or "quarantine"camps . .23
III. SCIENTOLOGYS CRIME, FRAUD & CORRUPTION AGAINST ME .. .24
1. Scientologys religious "trade secrets" were published during Fishman-Geertz ....24
2. Scientology v. The Net was copyright and litigation terrorism . ...24
3. Scientology blamed me for the publication of its religious "trade secrets" ....24
4. Scientology committed fraud in its 1993 IRS Form 1023 applications ...25
5. In 1993, Scientology hired lawyers etc., to "investigate" me-it continues .. 25
6. Scientologys investigation of me is part of its "Fair Game" Policies and Practices .. 25
7. Scientology and its lawyers have admitted the continuing "haunting" "investigation". 26
8. Scientology used blackmail and extortion to suborn perjury that destroyed my career ...26
9. Scientologys "Targets-Defense" includes global government takeover .. .27
10. Scientologys lawsuits are intended to "harass" and terrorize . ...27
11. Scientology used its suborned perjury to "utterly destroy" me ..27
12. Extensive Scientology correspondence and testimony confirms the "investigation" of me . .29
13. Scientologys "psycho-terrorism" is part of "Fair Game" .29, 30
14. Scientologys "psycho-terrorism" destroyed my employment, career and relationships ..29
15. Scientology "investigated" and blackmailed my senior law partner . ...33
16. A secret Scientology settlement agreement included stealing client files 33
17. The secret settlement agreement also obstructed justice . .34
18. Several prominent lawyers were involved in those criminal activities . 34
19. Trial Judge Williams was later shown to be corrupted by Scientology ....35
IV. SCIENTOLOGY ENGAGES IN MORE BLACKMAIL AND CRIME .. 35
1. Scientologys "Fair Gaming" of me materially breaches the 1993 IRS secret
settlement ..35
2. Offering massive bribes, Scientology attempted to suborn perjury from three others .36
3. Scientology lawyer, Abelson, engaged in demonstrable subornation of perjury .36
4. Scientology and armed US Marshals raided homes, seized computers, confiscated
books .36
5. Scientologys secret Lewis, DAmato/AIG agreement - used to obstruct justice . ...36
6. I refused to be criminally and unethically restrained-changed law firms ....37
V. SCIENTOLOGY DESTROYS ANOTHER 501(c)(3) - DECEIVES PUBLIC . 37
1. "Bowles & Moxon Plan 100"; Scientology files 30 frivolous lawsuits to destroy
CAN . .37
2. Bowles & Moxon solicit Jason Scotts legal representation as part of conspiracy... ..37
3. Scientologys Bowles & Moxon had numerous conflicts of interest-breach duties
to Scott ..38
4. Scott fired Bowles & Moxon and retained me .38
5. Scientologys "Fair Gaming" of me, my new law firm and its clients escalated 38
VI. VICTIMS NEED LAWYERS - I REFUSE TO BE TERRORIZED ..39
1. I refused to be intimidated-only a few lawyers willing to oppose Scientology 39
2. I file my own litigation against Scientology-I represent Keith Henson in
Internet case ..39
3. Scientology "needed" 28 lawyers against Henson and me - cost them over $2M ..40
4. Scientology abuses bankruptcy process in the Henson bankruptcy ..40
5. Henson flees the U.S. and Canada grants Henson "refugee"status . .40
VII. SCIENTOLOGY COMMITS FELONIES - OBSTRUCTS JUSTICE ...40
1. I filed the Berry cases in connection with Scientologys published perjuries re me .41
2. Moxon and Ingram to be defendants-they solicit and bribe representation of Cipriano. ..41
3. Moxon promised Cipriano up to $750,000 to co-operate in the RICO conspiracy . ..41
4. Scientology counsel had non-waivable conflicts of interest ..41
5. Scientology "re-located" Cipriano as part of the conspiracy to obstruct justice ...41
6. Scientology assembled a massive national legal team to further the RICO conspiracy..41, 42
7. Scientology "judge shopped" the case to their "friend" Judge Williams ..42
8. Judge Williams permitted massive abuse of process - ignored evidence of
crime-fraud ..42, 43
9. Scientology intimidated-subverted my two law partners .43
10. Scientology then over-whelmed me with its litigation juggernaut ...44
11. Concurrently, Scientology solicited my client Hurtado, suborned perjury, etc ...44
12. Non-Scientology defendants settled in the Berry cases ..43, 45
13. Scientologys lawyers engaged in fraud - obtained costs and sanctions orders 44
14. Scientology also obstructed justice and engaged in fraud in the Pattinson cases .46
15. All of this criminal conduct further breached the 1993 IRS-Scientology settlement ...47
16. Scientology may be owned by four individuals - three non-Scientologist lawyers ..48
VIII. SCIENTOLOGY FRAMED ME IN THE TWO HURTADO CASES .50
1. Judge Williams deprived me of due process and civil rights in Berry v. Cipriano, etc ..50
2. Scientology lawyers, etc., solicited my client Hurtado, suborned perjury, etc ....50
3. Scientologys lawyers stated they had "been after" me for a very long time ..50
4. Scientology engaged in illegal wire tapping of me ..51
5. A LA County Bar leader committed fraud upon Judge Habers court 52
6. Scientology lawyers submitted fraudulent insurance demands to my carrier ..53
7. Scientology lawyers used their own suborned perjury for a false criminal complaint 53
8. A LA County Bar leader solicited perjury from a stranger in the LA County jail ..53
9. The stranger testified to bribery and the subornation of perjury ..54
10. Scientology lawyers use their own suborned perjury to pressure State Bar to disbar me 54
11. Scientology lawyers used their own suborned perjury in two fabricated Hurtado cases 54
12. Scientology retained the President of the LA Police Commission to use fraud
against me 56
13. Cipriano confessed to the perjury and obstruction of justice-50 corroborating documents . . 56
IX. UNCONTROVERTED EVIDENCE OF SCIENTOLOGY RICO ACTS .. ..57
1. Moxon and Paquette attempted to obstruct Ciprianos deposition in Hurtado v. Berry ... 57
2. Moxon cross-examined his own former client in Hurtado v. Berry ..57
3. Cipriano testified to numerous felonies involving Moxon and other lawyers 57
4. Many documents and other evidence corroborate Ciprianos testimony 57-61
X. SCIENTOLOGY CORRUPTED JUDGE WILLIAMS IN THE BERRY CASES .. ..61
1. Judge Williams ruled the Cipriano confession /exhibits irrelevant - held me vexatious 61
2. Judge Williams refused to disqualify himself-his fiancée worked for Scientology .61, 62
3. Scientologys former deputy leader has detailed Scientologys "judge tampering" ...63
4. Scientology has a long history of corrupting American judges ..63
XI. SCIENTOLOGY ENGAGED IN OTHER CORRUPTION AND FRAUD ..63
1. The California Court of Appeal refused to consider Judge Williams conflicts of interest 63
2. Scientology filed Adversary Proceedings in Bankruptcy Court 63
3. Scientology engaged in fraud upon the Bankruptcy Court 63
4. Scientology also abused process/committed fraud against me and upon other courts ..64
5. Co-operative opposing counsel now retained in huge Scientology-related "Ponzi" fraud ...65
6. I was diagnosed with severe depression and left active practice status . 66
7. Scientology further abused process, prevented my paying the IRS and other creditors ..66
8. Scientologys County Bar leader continued to pressure the State Bar to disbar me ..66
9. The same lawyer testified that he had engaged in witness tampering in Hurtado .67
10. Scientologys lawyers continued to engage in fraudulent insurance demands ..67
11. After their lawyers confession, Scientology dismissed the State Court Hurtado case . 68
12. In July 2000, the Bankruptcy Court ordered the Hurtado case dismissed there too ..68
13. The corroborated evidence against Scientology and its lawyers, etc., is extensive ...68
14. Scientology and its lawyers never had any non-perjured/suborned evidence against me. .69
15. Hurtado is now serving an unrelated five-year prison sentence .69
16. Scientology engaged in extortion during the Hurtado criminal prosecution . .70
17. Significant circumstantial evidence indicates corruption of Los Angeles law enforcement .70
18. Scientologys worldwide investigation of me continued despite the RICO evidence 72
19. There are dozens of other victims of Scientology RICO conduct, frame-ups, terrorism 72
XII. SCIENTOLOGY HAS CORRUPTED THE LEGAL SYSTEM .. . 75
A. Scientologys lawyers obstructed local law enforcement 75
B. Scientology has corrupted the Federal Government 80
C. The Clinton Administrations Responses Were Outrageous . 83
D. The evidence is beyond a reasonable doubt .84
PART TWO . 86
THE INSTITUTIONAL BASIS FOR SCIENTOLOGY "PYSCHO-TERRORISM" .86
XIII. SCIENTOLOGYS TERRORISM AND RICO ENTERPRISE . .86
Scientology and "psycho-terrorism" . ..86
Scientology blackmailed the Clinton Administration-huge tax fraud .....88
The Clinton Administration actively promoted Scientology abroad ..90
Scientologys President was a fleeing fugitive ...91
Scientologys sacred scriptures mandate criminal conduct .. ...91
Numerous experts have written on Scientology terrorism, crime and abuse .. 92
Scientology has been recently convicted in foreign countries .. ..93
Scientology regularly defames, terrorizes and criminally frames people ...93
Scientologys founder was convicted of criminal fraud twice 95
Scientology is a "church" with a "body-count" . ..96
Scientology engages in terrorism as defined by Secretary of State Powell, etc . .96
XVI. SCIENTOLGY ENGAGES IN FORCED ABORTIONS AND ABUSE ...97
Scientology orders female staffers to have abortions . . 97
Scientology engages in illegal child labor and other family abuses .. .. ....97
Scientology secret sacred scripture denies the existence of Christ . ....98
Scientology intends the elimination of all religions 98
Scientology plans worldwide takeover and totalitarian rule . ..99
Scientology engages in coercive mind control and brainwashing ..99
Scientologys origins are in Satanism ... ..99
Scientology "sacred scriptures" teach lying and perjury .. 91,100
Scientology operates taxpayer-subsidized concentration camps on U.S. soil . .100
A multi-volume police report concludes Scientology is a R.I.C.O. enterprise 100,101
XV. U.S. ALLIES CLASSIFY SCIENTOLOGY A "PYSCHO-TERROR" CULT .102
Scientology is Americas own "Taliban" 102
Scientology resembles the Nazi and Communist operational structure ..102
Scientologists are taught to tell the Goebels-like "big lie" . .102
The U.S. erroneously tolerates Scientology crime and terror under the 1st Amendment 102
U.S. European allies do not grant religious exemption to Scientology crime and terror 102
The Scientology-Clinton Admin. initiated annual State Dept. Religious Freedom
Report ...102
Germany considers Scientology a criminal, psycho-terror and commercial crime sect ..103
The Clinton and Bush Administration are ignoring the biggest Ponzi scheme in history ...103
Scientology committed the largest ever criminal infiltration of the U.S. government 103
Scientologys Hemet "base" is "heavily armed and dangerous" .105
Scientology is intent upon taking over the U.S. Government .. ...105
Scientology has infiltrated the Russian nuclear industry . 105,106
Scientology is involved in foreign weapons plants .106
Scientology has access to chemical and biological weapons . .106
Scientologys contrived religiosity is a facade 106
Scientology is infiltrating American and foreign businesses ..106
Scientology intersects with global terrorism 107
Scientology is monitoring electronic and Internet communications . .. 108
Germany deems Scientology a threat to national security and democracy .108
Scientology is engaged in 9-11 WTC fraud and deception . 109
Scientology tax-exempt income targets the destruction of the mental health profession ...110
OMB Director Mitch Daniels was sued and harassed by Scientology. He spoke out .110
Scientology is terrorizing old ladies and military veterans in Hemet, California 111
Scientology preaches blackmail, the use of assassins and police bribery 111
XVI. SCIENTOLOGYS CONTINUING ONE BILLION-DOLLAR TAX FRAUD .. .112
Pre-Clinton Administrations steadfastly resisted the Scientology litigation juggernaut .112
The pre-Clinton IRS successfully defended denials of Scientology tax-exempt applications 112
Scientology blackmailed the IRS Commissioner to obtain a reversal of a 20-year IRS
policy ...112
The "new" Scientology form 1023 application is full of fraud and misrepresentation ...113
The Clinton Administration gave Scientology a one billion-dollar tax relief package ...113
The Clinton IRS even gave Scientologys tax lobbying front group full tax-exempt status ...113
Scientology blackmailed a Federal Senator-obstruct a Senate investigation into the tax issue 113
Payments for Scientology "processing", often costing over $1M, is now fully tax-exempt 114
Scientology hid twelve sea containers of documents from IRS inspection ..114
Scientology uses tax-exemptions in its marketing materials ....115
Scientology feared my legal defense of the Fishman-Geertz case threatened its tax status . 116
Scientology stores evidence of its criminal activities in "Red Data Boxes" 117
Scientology has judicially recognized "Fair Game" Policies/Practices to terrorize its "enemies" ..117
Scientology used dishonest lawyers and "Fair Game" to destroy my career, home and future ...117
XVII. RECENT DEVELOPMENTS ..117
1. Lopez v. Church of Scientology settles. Financial fraud/abuse involving ostrich egg investments...117
2. Scientology moves to dismiss Barton v. Berry. Third consecutive voluntary dismissal 119
3. Slatkin fraud may extend to financing Berry v. Barton. Possible ENRON and WISE connection 120
4. Scientology claims not to be a church in Belgium .. 120
5. German courts uphold state electronic surveillance of Scientology - threat to democratic state 121
6. Scientologists are supporting treason, sedition and genocide .126
7. Police opine, "It will take a federal effort with lots of money and manpower" .127
XVIII. THIS IS DÉJÀ VU FOR THE DEPARTMENT OF JUSTICE ...128
1. The Administration has a public duty to investigate the $1B Scientology-IRS secret deal ....128
2. Courts have rejected Scientology claims that its conduct can be justified as self-defense .128
XIX. REQUEST FOR INVESTIGATION, GRAND JURY, ETC. ... .130
1.This is a multi-pronged complaint and request .. .130
2.A related petition has gathered nearly 1,000 signatures ..130
XX. CONCLUSION ... .131
1. The evidence satisfies all applicable standards of proof . .. ... 131
2. Countless citizens look to the Attorney General to do the right thing here .. ....132
EXECUTIVE SUMMARY
Ø
The Los Angeles District Attorneys Office has recommended that the FBI investigate these matters, Infra, page 79.Ø
The current Director of the Office of Management and Budget, Mitch Daniels, has had painful personal experience with Church of Scientology, which he claims is "driven by crass financial motives." Infra, page 110.Ø
The Church of Scientology is Americas own "Taliban" using tax-exempt funds in its express totalitarian goals of "taking over the control or allegiance of the heads or the proprietors of all news media key political figures those who monitor international finance." Targets Defense, L. Ron Hubbard. Infra, page 27.Ø
Americas allies classify the Church of Scientology as a "psycho-terror" criminal cult engaged in financial crime and money laundering. Infra, pages 69, 86-97, 110-111, 117. For example, the Church of Scientology is currently implicated in the largest ever-financial "ponzi" scheme in American history. It involves over $500 million dollars and over 850 investors. Infra, pages 65, 103.Ø
Using tax-exempt moneys, the Church of Scientology orders its female para-military Sea Organization staffers to have abortions. Infra, page 97. The Church of Scientology also engages in child abuse and violations of the child labor laws. It has engaged in these as well as other terrifying acts causing permanent damage to entire families. The Church is intent upon the denial and destruction of Christianity and all other religions. Scientology maintains at least three concentration camp type facilities upon American soil and it calls for the extermination of billions of people. Infra, pages 23, 27, 30, 38, 97-102. It has its origins in Satanism and black magic. Infra, pages 98-100. Lying to protect and expand Scientology is considered a holy sacrament. Infra, pages 17, 18, 25, 26, 89, 93, 100.Ø
In 1977, the U. S. Department of Justice, through the F.B.I., conducted three massive, simultaneous raids against the Church of Scientology. The FBI seized thousands of documents linking the Church of Scientology to organized crime and the use of the U.S. legal system to harass, frame and destroy those it perceived as "enemies" of Scientology. Infra, pages 20, 21, 47, 48, 118. This complaint also involves Scientology lawyer Kendrick L. Moxon ("Moxon") who was named as an "unindicted co-conspirator" in the resulting criminal proceedings and convictions. Infra, page 24. This was the largest ever known criminal infiltration of the United States Government. Infra, pages 17, 48.Ø
Between 1991 and 1993, Moxon was engaged in what appears to be the largest ever-criminal tax fraud perpetrated against the United States government. Infra, pages 35, 47, 88-90, 112-117. In October 1993, Scientologys para-military "ecclesiastical" leader claimed that the I.R.S. reversal and granting of 501(c)(3) tax-exempt status saved the Church of Scientology over one billion dollars in past due taxes, penalties and interest. Infra, page 113. Concurrently, Moxon was engaged in unsuccessful litigation against Joseph Yanny and Uwe Geertz in which I was one of the defense counsel in the Church of Scientology cases against former church attorney Joseph A. Yanny. I was lead defense counsel for psychologist Uwe Geertz in Church of Scientology v. Fishman & Geertz. Infra, pages 21-24, 34.Ø
In Fishman - Geertz, we filed substantial evidence of the Church of Scientologys involvement in financial frauds, instructions to commit murder and instructions to commit suicide. Infra, pages 22-24, 34. It is now believed that Moxon, Williams & Connolly lawyer Gerald Feffer, Scientology leaders David Miscavige and Marty Rathbun, and certain private investigators, were involved in he blackmail of the then Commissioner of the I.R.S. and of the Chairman of the Senate Finance Committee. Infra, pages 112-118. As a result of the successful defense of the Fishman-Geertz case, the Church of Scientology feared exposure of their billion-dollar continuing tax fraud upon the United States government. Scientology, Moxon and private investigator Eugene Ingram have all testified to launching a ["haunting"] "investigation" of me in 1993. Infra, page 26. In 2000, Scientology attorney Elliot J. Abelson ("Abelson") was continuing with the worldwide ""investigation of me. Infra, page 72.Ø
The Church of Scientology, Moxon, Abelson and Ingram pretextual "investigation" of me included the blackmail and bribery of a Robert Cipriano. Cipriano signed a perjured and highly defamatory declaration that I was a child molester. Scientology and its shills disseminated the highly damaging declarationworld wide as part of its "Fair Game" Policies and Practices. Infra, pages 26- 33.
Ø
Despite Church denials, Scientologys "Fair Game" Policy has been repeatedly and recently recognized in the courts. Infra, page 25. Continuing to this day, the church and its lawyers have used its "Fair Game" practices against me to, in the words of one of the Churchs documents, "ruin [me] utterly." Infra, page 25. As you have read, the Church of Scientology, its lawyers and private investigators have engaged in numerous felonies, which, as was intended, have dramatically changed my life for the worse. Infra, pages 18, 19.Ø
The evidence of serious felonies committed by the Church of Scientology, certain of its lawyers and certain of its investigators, is overwhelming. There are over ten witnesses and over sixty corroborating and damning documents, many with Moxons own signature. One of Scientologys other lawyers testified to client/witness solicitation and witness tampering. Infra, page 67.Ø
The evidence involves a major R.I.C.O. enterprise that includes, at the least, the Church of Scientology and certain of its outside lawyers and investigators. Infra, pages 17, 21, 25, 36, 56, 63, 84, 93. In addition, it also appears that a number of federal and state officials and employees, federal and state judges, law enforcement officers are also involved. Infra, pages 35-36,44,48,50,54,61-63,66-68,70-72,75-85,93. It is believed that the participation of many of this second group of people has been procured by extortion and other foul behavior that is mandated by the Church of Scientologys "Fair Game" Policies and Practices. Infra, pages 25-32,45,64,66,116. The known criminal conduct crosses state and national borders, uses the interstate mails and modes of commerce, and violates numerous federal criminal and other laws. Obstruction of justice, witness tampering, perjury and frauds upon numerous courts are the common threads throughout the seven-year history of the Scientology enterprises despicable scheme. Infra, pages 57-61, 69,81,84,90.Ø
This obstruction of justice also involves the corruption of justice in different cities, counties, states and nations. Infra, pages 72-74,81, 85 93-95.Ø
Numerous victims and others have unsuccessfully requested investigation and other action by authorities, which include the I. R.S. Infra, pages 80-84. I unsuccessfully requested action from former Attorney-General Reno. She did not know what I wanted done with the evidence! Infra, page 83.Ø
Under Church of Scientology influence and pressure, the Clinton Administration ignored other evidence and media demands for investigation and prosecution of the Church of Scientology. The Clinton Administration even ignored repeated Wall Street Journal, New York Times and Washington Post editorials calling for an investigation into the fraudulently obtained granting of tax-exempt status (and a one billion dollar "tax relief" package) to the Church of Scientology in 1993. Infra, pages 89, 90.Ø
I have repeatedly attempted to have federal and state law enforcement investigate and prosecute the matters complained of in Part One of this letter, so have others. However, at every juncture, Church of Scientology retained lawyers have interfered with and obstructed our efforts. Infra, pages 75-80. The U.S. Department of Justice, during the Clinton Administration, was unable and unwilling to deal with the evidence. Infra, pages 80-84. Both the Los Angeles Police Department and the Los Angeles Sheriff's Department have recommended that criminal proceedings be filed. Infra, pages 77-79. Repeatedly, the Los Angeles District Attorney's Office and the Los Angeles City Attorney's office have refused to prosecute for "political reasons" and because of "political influence." Infra, pages 76, 79. In addition, those local prosecutors have allowed the proposed targets of such prosecutions to participate in the decision making process that most recently concluded that these matters (extortion, perjury, obstruction of justice, etc.) were not serious enough for prosecution. Infra, pages 78-79.Ø
This is a classic case of public corruption and obstruction of justice at the local level and it involves my constitutional due process and other civil rights guaranteed by both the U. S. and State of California constitutions. Such matters are properly within the jurisdiction of the U.S. Department of Justice. Of course, the U.S. Department of Justice also has jurisdiction because of the nature of the inter-state and international criminal and corrupt conduct involved and described in Part Two of this letter. Moreover, the apparent corruption of certain aspects of local Los Angeles law enforcement has already been recognized by the fact of continuing U. S. Department of Justice court ordered supervision of justice, law and order in Los Angeles, following the recent Rampart scandals.Ø
The constitutional due process and other procedural violations of my civil and human rights include the blatant and brazen corruption and conflicts of interest summarized below. Infra, pages 77-80. Of course, there is also the staggering and stunning corruption of the United States government, by the Church of Scientology. Infra, pages 35, 47, 88-90, 103-110, 112-117. This cannot and must not be ignored. "That men do not learn very much from the lessons of history is the most important of all the lessons that history has to teach." Aldous Huxley, Collected Essays (1959). See generally, U.S. v. Hubbard, 474 F. Supp. 64 (1979). Infra, 21, 103.Ø
By way of contrast, Scientology attorneys Abelson, Gerald Feffer (Williams & Connolly) and Samuel D. Rosen (Paul, Hastings, Janofsky & Walker) have also been engaged in corruption with the Riverside County, CA District Attorneys office. The Riverside Sheriffs Department investigated and recommended against prosecution of Keith Henson for picketing one of the Scientology desert "gulags." Abelson, Feffer and Rosen pressured the District Attorney to ignore the Sheriff's recommendations and to prosecute Henson. The Church of Scientology provided Rosen, Abelson and Feffer as resources for the Riverside District Attorney's Office prosecution of Henson. Infra, page 73. The Church of Scientology andits attorneys have also recently engaged in other demonstrable public corruption and obstruction of justice that includes the Caberta, Cult Awareness Network Bunker, Prince, McPherson, Minton and Ward cases (and the States of Illinois, Florida, Massachusetts and California). Infra, pages 73-75.
Ø
This is not isolated conduct by the Church of Scientology. There are numerous recent criminal convictions, civil judgments and public settlements that tend to corroborate the evidence of the matters outlined herein. Infra, pages 86 - 88.Ø
There is widespread public perception, around the world, that the U.S. government has, in essence, been totally and irreversibly corrupted by the Church of Scientology, its lawyers, lobbyists, public relations and private investigators. Infra, page75. As you read above and below, my own experience at seeking equal justice under law has also been consistently obstructed, corrupted andignored. Infra, pages 73, 75 -77. Infra, page 74.
Ø
In addition, Scientology, Abelson, Moxon, Kobrin, Paquette continue to abuse process with an Adversary complaint in United States Bankruptcy Court in Los Angeles. This case will be tried on January 28, 2002, and requests non-dischargeability of Judge Williams order that I pay Bartons costs in defending the defamation suit I filed (and was forced to dismiss) against Cipriano, Barton, Scientology, Miscavige, Ingram (Abelson and Moxon). Infra, pages 40-44,63,66.Consequently, I am immediately making this complaint and request letter public, and providing copies of this letter (and many of the enclosures) to other members of the current Administration, certain executive branch officials, members of the Senate and House, the media, certain foreign governments, certain international organizations and certain non-governmental organizations.
PART ONE
SCIENTOLOGYS "PYSCHO - TERRORISM" & R.I.C.O. ACTS AGAINST ME
I. INTRODUCTION
This matter involves domestic terrorism and the Church of Scientology which, in a long pattern of criminal behavior escalating over the years, has effectively "hi-jacked the legal system and crashed it through the Constitution." In so doing, the Scientology enterprise has used powerful, greedy and amoral lawyers, sleazy private investigators, Racketeer Influenced and Corrupt Organization Act ("RICO") predicate acts (18 U.S.C. sec.1961 et seq.) and fraud to further its "psycho-terrorism" and intimidation of those who would impede its terrible totalitarian subversive agenda.
Indeed, CNN Cross Fire Co-Host Bill Press has said that the Church of Scientology is, "Very clever, very skilled at media harassment. I was not prepared for that kind of harassment. I never ever received anything like that before from any other source. Theyre an untold story. Theyve scared a lot of news off. Theyre getting away with murder. I say put on your asbestos suit and charge." emphasis added http://www.lermanet2.com/cos/index.html
Commentator Bill Presss words were closer to the truth than he may have realized. In writing on Church of Scientology "ethics," Scientologys "spiritual" founder L. Ron Hubbard stated:
" in any command of mine, you can wear horns and grow a tail if you do your job. If you dont do your job, you cant even think sideways without getting disciplined, transferred or demoted."
Flag Order 4, 13 August 1967, by L.Ron Hubbard.
Similarly, L.Ron Hubbard wrote:
"In short, a staff member can get away with murder so long as his statistic is up and cant sneeze without a chop if its down. To do otherwise is to permit some suppressive person to simply Ethics chit every producer in the org out of existence." emphasis added
HCOPL, 1 September 1965, Ethics Protection.
On December 2, 2001, you informed the nation of a long-overdue reform of FBI and Justice Department policy. According to the Associated Press, you stated that, "People who hijack a religion and make out of it an implement of war will not be free from our interest." Quite properly, President Bush's Administration has not hesitated to use, as further proof of terrorism, the internal documents of the Taliban and other pseudo-religious terrorist and geo-political groups. Moreover, the FBI and the courts have always used the internal damning documents of the Mafia and other criminal groups. In the case of the Church of Scientology, there is a mountain of such damning internal documents deceptively labeled as unpublished, copyrighted, confidential and sacred "trade secret" scriptures. Two examples suffice to illustrate the fact that, in your own words, the Church of Scientology has "hijacked a religion and [made] out of it an instrument of war." The
Church of Scientology has a policy and practice, instituted on February 16,1969, entitled "Confidential: Battle Tactics" which requires the Church to use military tactics and strategy in dealing with the "enemy" which is defined to include American citizens such
as I. The Church, and the individuals subject to the criminal complaint that is this letter, are ordered to conduct:
" wars of attrition on the basis of total attrition of the enemy. So never get reasonable about them. One cuts of 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
Similarly, a Hubbard Communications Office Policy Letter of December 2, 1969 entitled "Confidential: Intelligence-Actions: Covert Intelligence: Data Collection, states that:
"Essentially a covert operation is intended to embarrass, discredit or overthrow or remove an actual or probable 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." emphasis added
Scientologys Office of Special Affairs ("OSA") conducts the Churchs covert operations, intelligence, intimidation and infiltration, an intelligence operation that rivals the FBI.
"In my opinion the church [of Scientology] has one of the most effective intelligence operations in the U.S. rivaling even that of the FBI."
Ted Gunderson, former head of the FBIs Los Angeles office, quoted in Time Magazine, May 5,1991, as quoted on-line athttp://www.factnet.org/Scientology/salmonpayne.htmlor http://cs.cmu.edu/~Fishman/time-behar.html Scientology intelligence policies on line at http://www.entheta.net/entheta/go/go.html
The matters complained of herein arise from my professional experience as a lawyer with over ten years of litigation against the Church of Scientology in over 15 different cases. My clients prevailed in half of those cases. As you have not been personally involved in those matters, this letter and the events herein may strike you, as they would any rational, law-abiding person, as the paranoid ravings of a person who should be writing mystery novels instead of the cool and rational explanation of an attorney with many years experience pleading sophisticated and complex cases. Nevertheless, I can assure you that this is not so. When considering matters involving Scientology one must put all experience and assumptions aside. For example: that Scientologists and their representatives will tell the truth and act with integrity. On the contrary, and as you will read below, Scientology has an institutional policy and practice of lying and cheating to conceal the truth and advance its global totalitarian agenda and interests. There are no exceptions - even when they are fronted by eminent expensive
lawyers and giant law firms of hundreds and thousands of lawyers blindly selling out their professional oaths and civic ethics for fees aggregating thousands of dollars per hour from a Scientology annual litigation budget which exceeded $40M in 1991. Scientology succeeds in these deceits and manipulations because most people, officials and institutions cannot conceive of such an inherently evil "church" fronted by cherished celebrities who are themselves shielded from the real institutional truths, and who are held hostage by "church" "folders" containing written records of their many confessionals ("auditing sessions") given while they were attached to the churchs principal religious artifact the E-meter. The E-Meter is an early form of lie detector that Hubbard found in a London store and purchased for several pounds. Scientology now sells versions of the E-Meter to "parishioners" in "exchange" for "fixed donations" sometimes exceeding $35,000 for some models. See generally: U.S. v. An Article or Device "Hubbard E-Meter", 333 Supp. 357 (1971). http://www.lermanet2.com/case2.htm . Indeed, to paraphrase U.S. Defense Secretary Donald Rumsfeld: We are dealing with people who are world-class, shameless liars. They have a pattern of saying things that arent so. Their repeated lying should be taken into account in connection with their allegations and explanations.
Indeed, the facts outlined herein are demonstrable, if seemingly incredible, and I beg your forbearance as you work through this summary, even as your ability to accept these events as having actually occurred may well be stretched to the limit! Indeed, the experience of dealing with all of this complex and convoluted material is, I am certain, much like Alices experience in Wonderland.
http://www.lermanet2.com/exit/FINAL.htm and http://www.angelfire.com/scifi/Scientology/
It is, however, a fact that hundreds of other people, many of whom post to the
Alt.religion.scientology Internet newsgroup, have experiences similar to those I am reporting here. For them too, such experiences have been very damaging to their lives.
See http://www.xemu.demon.co.uk/clam/lynx/q0.html and http://www.offlines.org/harass/sp962.htm. Many more citizens have been terrorized into silence. See http://www.xenu.net/ and http://lisatrust.bogie.nl/ and http://www.lermanet2.com/ (deaths section) and http://www.factnet.org/ Many others are lost and missing http://home snafu de/tilman/recon html and http://www.xenu.net/archive/deaths/ and http://www.scientology-kills.org/5353/5353.htm
and http:www.//xs4all.nl/~kspaink/cos/mpoulter/worst/andre3.html and
http://www.ronthenut.org/courts.htm and http://www.rodi.8m.com/
I ask for your patience in reading this long letter for the underlying matters are complicated, intertwined and involve, as against me, Scientology and its lawyers [including Kendrick Moxon ("Moxon"), Donald R. Wager ("Wager"), Elliot Abelson ("Abelson"), Samuel D. Rosen ("Rosen"), Barbara A. Reeves ("Reeves"), Helena Kobrin ("Kobrin"), Ava Paquette ("Paquette"), etc.] commission of demonstrable and corroborated R.I.C.O. predicate acts, bankruptcy fraud, insurance fraud, frauds upon various courts in various states, blackmail, bribery, solicitation, maintenance and champerty, perjury, use of a third person, illegal wire tapping, obstruction of justice, false criminal reports, false state bar reports and other misconduct too numerous to list. In fact, Scientologys Abelsons as well as Moxon & Kobrins corroborated felony criminal conduct, hate-filled ideology and agenda, and that of others including former Los Angeles County Criminal Courts Bar Association President Wager and former Los Angeles Police Department Sergeant Eugene Ingram ("Ingram"), directed exclusively at me, include violations of 18 U.S.C. §§ 1621, 1603, 1503, 1512, 371 2(a), 2(b) (perjury, obstruction of justice, witness and evidence tampering, conspiracy,
aiding and abetting and the use of an intermediary). Indeed, oral and written testimony, and corroborating documents include multiple incidents of blackmail,
bribery, extortion, witness tampering, perjury, subornation of perjury, wire tapping, obstruction of justice, frauds upon various courts, attorney
misrepresentations and lies to various courts, false criminal complaints, false state
bar complaints and possible judicial corruption. The evidence trail commences in late 1993, and constitutes an unbroken continuum and R.I.C.O. pattern of criminal, tortious and unethical conduct through to the present day. The recent evidence in one case, the Hurtado v. Berry, is unusually damning because it is corroborated by a lawyers testimony/confession (a former Los Angeles County Criminal Courts Bar Association President), over ten different witnesses as well as over sixty different documents -
many of which bear Scientology lead lawyer Moxons own signature and handwriting. Consequently, I have lost my career, condominium, car, companionship and retirement prospects. I now live on public assistance and charity as I continue my self-defense and search for justice not only for myself, but also for all other victims of Scientology "Fair Game" Policies and Practices.
I urge that you act immediately, before other avoidable atrocities, tragedies and human carnage happen in America and around the world. We have already seen Heaven's Gate, the Branch Davidians and the Peoples Temple create mass graves while the government ignored all warnings in the name of the First Amendment, religious freedom and of not provoking poll-impacting attacks from other religious groups and their political lobbyists.
"Much on our minds was the comment to us by an attorney generals investigator in September, 1978. Referring to the Peoples Temple cult: We knew all about them before they went down to Guyana, but nobody cared enough to do anything. " emphasis added
Dave Mitchell, Cathy Mitchell and Richard Ofshe, The Light on Synanon, p.299.
II. SCIENTOLOGYS LEAD LAWYER HAS FABRICATED EVIDENCE FOR
25 YEARS
Moxon commenced his California legal career after a 264-page stipulation and related documents, between the U.S. Department of Justice and the Church of Scientology, named him as an unindicted co-conspirator in the largest ever known criminal infiltration and burglary of the United States Federal Government. This was part of the Church of Scientologys "Operation Snow White." The massive June 8, 1977, FBI raids upon the Church of Scientology yielded thousands of documents linking the Church to organized crimes. http://www.raids.org/ In addition, the FBI raids exposed the frame-up of journalist Paulette Cooper who had written The Scandal of Scientology. She was indicted by a New York grand jury after Church of Scientology
covert agents stole her stationary with her fingerprints on it, mailed themselves a bomb threat, and brought the letter to the FBI. But for the FBI raids the Churchs frame-up of Paulette Cooper would have been successful and she would have likely served time in federal prison. There are other similar examples, such as the former Mayor of Clearwater, Fl., Gabe Cazares who was the victim of a Scientology staged "hit and run" in Washington, DC as well as that of Tom Padgett of Kentucky who recently spent 35 days in solitary confinement as a result of "lost" court papers involving Scientology in a hotly contested child custody case. Another recent Church attempted frame-up involved former
deputy Church leader Jesse Prince who was exonerated by a Florida jury.
http://lisatrust.bogie.nl/legal/Prince/about.html
As recently as 1989, and contrary to express representations to the IRS, Scientology maintained "Operation Snow White" within the OSA Network. CSI/OSA is the covert operations department of the para-military Church of Scientology. Their very large covert operations group is "Department 20 ("Existence") on the Scientology "Org Board". The Scientology "Org Board" is a seven division and 21-department template detailing "all of the actions encompassed by the [Scientology] organization." The Guardian's Office ("GO") was Department 20 before the 1977 FBI raids on the Church of Scientology. See generally, United States v. Hubbard, 474 F. Supp. 64 (1979); United States v. Kattar, 840 F 2d 118, 125 (1st Cir. 1988). Indeed, Department 20s legal budget exceeded $40M per annum in the early 1990s. The current Department 20 (OSA/CSI) U.S. taxpayer subsidized (tax-exempt) investigation, intimidation, "psycho-terrorism" and litigation budget could easily be double that amount.
Ironically, Moxon and I were admitted to the California State Bar on the very same day in 1987. I had previously been admitted to law practice in New York, Australia and New Zealand and had worked for a New York law firm in London, England. Moxon had been previously admitted to practice in the State of Virginia, after his role in the unprecedented and massive Church of Scientology "Operation Snow White" infiltration and burglaries of the many U.S. government departments that were accidentally discovered in 1977. The Scientology burglaries included the Department of the Treasury, the Internal Revenue Service and the Department of Justice. In that regard, Moxon had
submitted forged handwriting exemplars to the FBI as part of a Scientology attempt to obstruct justice. See 1980 documents http://lisatrust.bogie.nl/legal.htm and http:members.tripod.com/cic_ops/posts/court.txt and http://www.raids.org
In 1991, Moxon and I crossed swords for the very first time. My then employer, Lewis, DAmato, Brisbois & Bisgaard ("Lewis, DAmato"), my mentor, David B. Parker, and I were retained to successfully defend Century City (Los Angeles) lawyer Joseph A. Yanny in two breach of fiduciary duty actions that his former client, the Church of Scientology, had filed. In part, the cases related to the mysterious 1986 death of
Scientology founder L. Ron Hubbard and the subsequent Miscavige-ordered "concentration camp" internment of perceived leadership threats such as Anne Broeker, Vicki Azneran, Robert Vaughan Young, Stacy Brooks-Young and Jesse Prince.
Seemingly, Annie Broeker still remains interned at the Hemet "Gold" base. Vicki Aznaran escaped with the assistance of a local Indian tribe and sought help from former Scientology lawyer Joseph Yanny. During the retaliatory Church of Scientology v. Yanny litigation, Yanny testified that he stopped representing the Church of Scientology when it requested him to engage in criminal conduct against opposing counsel. Indeed, former church leader Vicki Aznaran has stated "[Scientology] is a criminal organization day in and day out." http://www.freezone.de/english/timetrack/data/cct_3_data-sources.htm Doc.14 (Yanny Decl.) and http://www.freezone.org/timetrack/1997.htm and http://www.lermanet2.com/cos/yanny.html and http://www.home.earthlink.net/deathoflrh/FACTnet-death.html
Later, I became involved in one of eight lawsuits that Scientology filed against former L. Ron Hubbard aide Gerry Armstrong. Eventually, Armstrong had to seek refuge from the Scientology litigation juggernaut in Canada. Indeed, there is a lengthening list of people who have had to flee from Americas Scientology corrupted courts and law enforcement. These people include: former Hubbard Archivist Gerald Armstrong; former Hubbard "scripture" co-author David Mayo; Keith Henson and Werner Erhard (the founder of the Scientology influenced "EST" and "The Forum" cults). Scientology has announced that Werner Erhard may now return to the United States. However, Erhard has reportedly said that he is too terrified of Scientology to do so. Last year, Scientology attorney Abelson advised me that Scientology " wants [me] back in New Zealand where [my] talents will be better appreciated." However, I refuse to allow Scientology "Fair Game" Policies and Practices to terrorize me out my adopted country; one to which I have pledged my loyalty and patriotism.
In 1993, I led a winning team of Lewis, DAmato lawyers in Church of Scientology International v. Fishman and Geertz ("Fishman-Geertz"). Fishman-Geertz was a defamation case in U.S. District Court. It involved Time Magazine statements that the Church of Scientology was involved in instructions to commit financial fraud, murder
and suicide. Time article on-line at http://www-2cs.cmu.edu/~dst/Fishman/time-behar.html and http://www.angelfire.com/scifi/Scientology/A_World_Without.html
(Appendix 1) and http://home.online.no/~heldal/CoS/archive/time910605.html
We produced overwhelming evidence that those statements were true and/or substantially true. In fact, there was testimony that Moxon and Ingram had been involved in instructions to murder opposing San Francisco area counsel, Ford Greene, as well as the President of the Cult Awareness Network ("CAN") and her daughter in Chicago, IL. Steps in furtherance of this conspiracy to murder were taken. There was also testimony that Moxon had been involved in the drowning of Los Angeles County Superior Court Judge Swearingers dog, Duke, during Wollersheim v. Church of Scientology, 212 Cal.
App. 3r d 872 (1989). Judge Swearinger later stated that he had refused to let this ["psycho terror"] event affect his handling of the Wollersheim I trial. Subsequently, Moxon was involved in five more Scientology lawsuits against Wollersheim. Church of Scientology v. Wollersheim, 42 Cal.App.4th 628, 648-649 (1996).
The Church of Scientology also unsuccessfully sued Time Magazine itself for alleging the so-called religion to be, in reality, "a ruthless global scam." Two months ago, the U.S. Supreme Court refused to reverse the granting of a summary judgment motion dismissing the entire Scientology defamation case against Time-Warner Inc. Church of Scientology v. Time-Warner Inc., 00-1683. http://www.supremecourtus.gov/
It is curious and should be noted that CNN, which employs celebrity Scientologist Greta Van Susteren, never mentions Scientology or Times victory. However, despite spending at least ten million dollars in legal fees, Time-Warner said that it refused to be " intimidated by the churchs apparently limitless legal recourses." Those "limitless legal recourses" are the primary fund-raising function of the Church of Scientologys fully tax-exempt International Association of Scientologists ("IAS") to which most Scientologists must belong. In essence, the IAS aggressively raises funds for the Church of Scientologys campaign of war, vengeance and hate against humanity. L. Ron Hubbards own writings demonstrate his hatred of humanity. Those hate-filled writings are among the Church of Scientologys "sacred" scriptures.
http://www.galacticfederation.homeip.net/admissions.html
A further example is a Hubbard "sacred" scripture on the establishment of concentration camps to deal with those who stand in the way of Hubbards global
totalitarian goals:
"It is not necessary to produce a world of clears in order to have a reasonable and worthwhile social order; it is only necessary to delete those individuals who range from 2.0 down, either by processing them enough to get their tone scale above the 2.0 line or simply quarantining them from the society." emphasis added
L. Ron Hubbard, The Science of Survival, p. 157
III. SCIENTOLOGY ENGAGES IN CRIME, FRAUD AND CORRUPTION AGAINST ME
During the Fishman-Geertz case, the Church of Scientology business-trade secret protected "scriptures" were filed in court and later published on the Internet. http://www.xs4all.nl/~kspaink/fishman/index2.html and http://www.ex-cult.org/Groups/Scientology/fishman.html What followed is colloquially known as "The Church of Scientology v. The Net." It involved what Australian David Gerard has described as:
" Copyright terrorism - frivolous lawsuits (unwinnable, but designed to ruin the respondent financially), threats of such lawsuits and even raiding peoples homes and seizing their actual computers to obtain the information thereon. This is designed to intimidate others from questioning or criticizing the Church of Scientology in any way."
See generally: http://www.lermanet2.com/ and http://www.factnet.org/ and http://www2.thecia.net/users/rnewman/scientology/scientology/home.html and http://www2.thecia.net/users/rnewman/scientology/media/home.html and http://www.-2.cs.edu/~dst/Secrets/index.html
Scientology voluntarily dismissed the Fishman-Geertz case on the eve of trial. Scientology openly blamed me for its retreat and defeat in the Fishman-Geertz case and
the Internet publication of its secret scriptures (OT I - OT VIII), which cost approximately $400,000 for Church of Scientology adherents to study in their entirety. Indeed, many ex-Scientologists have spent over a million-dollars to receive these Church
of Scientology "scientifically proven" courses, auditing and processing only to reach the top of the Church of Scientologys "Bridge To Total Freedom" and find that there is nothing there! Consequently, many of them have left after concluding that these are matters of fraud and not of faith. Of course, such "fixed donations" for purported self-
improvement courses, and dangerous in sauna "purification" treatments, are now fully tax deductible. The Church of Scientology's Form 1023 misrepresented to the Federal Government that it provides free "processing" to staffers ("volunteers" earning approximately $50 per week) who cannot afford to pay such vast sums of money for "total freedom". However, the Churchs Form 1023 did not add the fact that should such staffers ever wish to leave the Church of Scientology, they must first reimburse the Church for the entire cost of such "free processing" as "free-loader debt." Sea Org staffers earn approximately $50 per week and their "freeloader debt" can exceed hundreds of thousands of dollars. This is an example of a Church of Scientology "sacred scripture" which is described as telling an "acceptable truth." For a brief overview of the Church of Scientologys tax-exempt and tax-deductible religious "Bridge To Total Freedom" see http://www.lermanet2.com/cos/pattinson1.htm paras. 277-283 and http://www.scientology-kills.org/Alien_Tales/alien_tales.htm and http://www.-2.cs.edu/~dst/Secrets/index.html and http://www.mystae.com/streams/gnosis/otiii.html ("The Confidential Doctrine of OT III") and http://www.lermanet2.com/cos/exhibita.html ("OT III").
During the Fishman-Geertz case, Scientology retained Moxon and his
investigator Eugene Ingram ("Ingram") to "investigate" me. An http://google.com/ search of the names Moxon and Ingram and Eugene Ingram and Kendrick Moxon is particularly chilling. U.S. District Court Judge Harry Hupp, the trial judge, told the Church of Scientology lawyers to stop investigating opposing defense counsel as part of their prosecution of the Church of Scientology v. Fishman-Geertz case. They did not.
Scientologys judicially recognized "Fair Game" Policies and Practices provide, among other things, that anyone impeding Scientology can be, " tricked, sued, or lied to or destroyed." Elsewhere secret Church of Scientology scripture states that, " when we want someone haunted we investigate."
See http://www.lermanet2.com/cos/pattinson1.htm paras. 144 207 and "Scientologys Private Investigators," Examples of IRS sanctioned "charitable activity,"
http;//web.tampabay.rr.com/sp/PI.html and "Scientologys Private Investigators"
http://www.primenet.com/~lippard/pis.html See also: Church of Scientology v. Wollersheim, 42 Cal. App 4th 628,648-649 (1996); Hart v. Cult Awareness Network, 13 Cal.App. 4th 777 (1993); Church of Scientology v. Armstrong, 232 Cal.App.3d1060, 1067 (1991); Wollersheim v. Church of Scientology, 212 Cal.App.872, 888-891 (1989); Christofferson v. Church of Scientology, 57 Ore.App.203 (1983); Allard v. Church of Scientology, 58 Cal.App.3d 439, 443n.1 (1976).
The Church of Scientology International, Moxon and Ingram have each testified that their "investigation" of me led to Ingrams traveling to New York City and preparing a declaration for signature on May 5, 1994, by my former acquaintance Robert Cipriano ("Cipriano"). Cipriano has testified repeatedly that his signature on this document was extorted. This First Cipriano Declaration, under penalty of perjury, falsely stated that during one six-month period in 1984, I had supposedly been involved in acts of pedophilia with 40-60 teenagers and was associated in the activities of one Andrew Crispo, who was involved in a grisly and sensational 1985 murder. Crispos friend, Bernard Le Geros, was sentenced to life imprisonment for the murder. Ingram visited Le
Geros in a New York prison and obtained another declaration falsely alleging that I was associated with Crispo as well as being involved in numerous other major despicable
criminal activities. I was not acquainted with either Crispo or Le Geros. Ingram also obtained three other declarations containing false and defamatory materials. Scientology published these in what they call "dead agent" packs, which Moxons investigators use
for the purposes of "Black Propaganda" during what the Scientology enterprise terms "Noisy Investigations." See http://www.lermanet2.com/cos/pattinson1.htm paras.169, 181,188
Scientology OSA NW Order 15 defines "Black Propaganda" as, " a covert communication of false data intended to injure, impede or destroy the life of another person usually issued from a false or removed source from the actual instigator."
http://www.ezlink.com/~perry/Co$/OSANWO/15.htm or http://www.xs4all.nl/~johanw/CoS/black-propaganda.txt.
Indeed, in PR Series 18 Church of Scientology staffers are directed to invent whatever they wish to allege. Significantly, as recently as October 9, 2001, the Moxon & Kobrin law office wrote to a Netherlands resident threatening to enforce the Church of Scientologys copyrights in connection with the very terms "Dead Agenting" and "Targets Defense" activities used by Moxon & Kobrin in their "investigations" and "handling" of regular opposing counsel such as I. http://www.xtdnet.nl/paul/scientology/xtendednet9octo1email.html
The seditious contents of the "Targets Defense" document that the Moxon & Kobrin October 9, 2001, letter refers to include the "vital targets" of,
"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." emphasis added
http://www.lermanet2.com/cos/pattinson1.htm para.175
Another Church of Scientology written policy directs Scientology lawyers to use the courts to harass and ruin people rather than to win.
"The purpose of the law 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 would generally be sufficient to cause his professional decease. If possible, of course, ruin utterly." emphasis added
See http://www.lermanet2.com/cos/pattinson1.htm para.150
In mid-March 1955, Hubbard wrote:
"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 outsiders who would stop the progress of this [Scientology] civilization." emphasis added.
See http://www.lermanet2.com/cos/pattinson1.htm para.148
L. Ron Hubbards "Manual of Justice", a "sacred" Church of Scientology "scripture" is even more explicit:
"People attack Scientology: I never forget it, always even the score 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 the critic will sure shudder into silence [Scientology] punishment is gruesome to see sometimes and in this instance there are people hiding in terror on Earth because they attacked us. 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.
See http://www.lermanet2.com/cos/pattinson1.htm para.149
In another "sacred" Church of Scientology "scripture" entitled "Critics of Scientology" it is written and mandated:
"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 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 We are slowly 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. ITS VERY SIMPLE. EVEN A FOOL CAN GRASP THAT.
AND DONT UNDERESTIMATE OUR ABILITY TO CARRY IT OUT THOSE WHO TRY TO MAKE OUR LIFE HARD FOR US ARE AT ONCE AT RISK." emphasis added.
See http://www.lermanet2.com/cos/pattinson1.htm para. 181
Former Los Angeles Deputy District Attorney, and former Gambino mafia family attorney, Elliot Abelson [http://www.operatingthetan.com/abelson/abelson-porn.txt], Moxon and his law partner, Helena Kobrin, and Scientology executives including Rinder,
engaged in extensive correspondence with me, confirming the nature, scope and
purported purpose of their ("haunting") "investigation" of me. Scientology front groups and shills published the First Cipriano Declaration, and other Moxon/Ingram procured perjury on the Internet where the false statements remain today. Ingram and other Scientology-Moxon-Abelson retained "investigators" personally disseminated the highly defamatory material to my family, friends, acquaintances, law partners, clients, law firms clients, judges, politicians and public officials. This was part of what
Scientology Policy and Practice calls a "Noisy Investigation." http://www.lermanet2.com/cos/pattinson1.htm para.168, 184, 188, 202. The Scientology
policies and practices regarding, for example, "Black Propaganda", "Dead Agenting" and "Noisy Investigations" are specific Scientology scriptures forming part of a larger group of Scientology scripture generically and collectively known as the Church of Scientology "Fair Game" Policies and Practices.
On Sunday, 23 May 1999, German Scientology News wrote: (Subject: Re: OSA info published by German security agency [OSA is Scientology's private intelligence agency. HUBBARD is the founder of Scientology. SO stands for Scientology Organization.] )
"II. The Precursor Intelligence Organizations
6. The Fair Game Law
There is hardly a means which Scientology does not use in the persecution of its critics and the achievement of it goals, and it is often not satisfieduntil it has brought about the complete destruction of its critics. This is documented not only by the instructions quoted from HUBBARD, but there are also numerous examples of this from real life. In
accordance with the dogma established byHUBBARD that all people who publicly oppose Scientology are 'criminals' and 'suppressive persons,' the Scientology founder's numerous Policy Letters and instructions in regard to the intended special treatment of this group of people become more significant. The selection of the means in use ranges from open or covert data collection for psycho-terrorism, spying, false accusations and charges, slander (black propaganda), theft, and burglary to actual attacks and - at least this was claimed by one former American OSA agent in sworn testimony in 1994 - attempted murder.
HUBBARD assessed the number of so-called
suppressive persons at about 2.5% of the population. Another 17.5% were named Potential Trouble Sources (PTS); these are people who are under the influence of suppressives.HUBBARD further explained:
"There are certain characteristics and mental
attitudes which cause about 20% of a race to
oppose violently any betterment activity or group.(comment: by that is meant the SO) ... As they only comprise 20% of the population and as only 2 1/2% of this 20% are truly dangerous, we see that with a very small amount of effort we could considerably
better the state of society. ... Similarly, if society were to recognize this personality type as a sick being, as they now isolate people with smallpox, both social and economic recoveries could occur.
The persecution practices of the Scientology intelligence organizations are known by the name of the 'Fair Game' law, which is reminiscent, forgood reason, of the Middle Ages practice of "outlaw" declarations. In 1965, HUBBARD stated that he released three Policy Letters which referred to this 'Fair Game' law. Although the Policy
Letters were cancelled, that is, withdrawn from public view, they continued to be used by the SO intelligence service as training policy. In 1980, leading Scientology functionaries had to admit in court that the 'Fair Game' law had never really been done away with. Several high-ranking American former SO members, who themselves were victims of the 'Fair Game' law, independently verified that this law continued to be a binding policy of the SO.
The Policy Letter of 21 October 1968, which allegedly cancelled the 'Fair Game' law, is worded suitably ambiguously. This policy stated that the practice of declaring people Fair Game will cease. Fair Game may not appear on any Ethics Order. It caused bad public relations. This delicate wording is also interpreted to mean that only the practice of declaring shall cease; the practice of treating someone as 'Fair Game' is not the issue, and is
apparently not meant. Just the opposite: it was explicitly emphasized that this Policy Letter did not cancel 'any policy on the treatment or handling of SPs.' The SO continues to issue its so-called 'SP Declares.' Among the Policy Letters which were not affected by the content of this cancellation wasone from 18 October, 1967, on 'Penalties for Lower Conditions,' which clearly described the merciless persecution of SPs. Under the ethics condition of 'enemy,' it literally states:
'SP Order. (comment: 'Suppressive Person
Declaration'). 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.'
In sworn testimony of 22 March 1976, HUBBARD
asserted the opposite of this statement, that he had never had the intention to authorize illegal activity or attacks against anyone with the 'Fair Game' policy. The opposite turned out to be the case: Scientology's criminal endeavors occurred over thefollowing years under the direction of the
world wide intelligence 'Guardian Office' (GO), which followed the footsteps of its predecessor organization a short time later, when it assumed the 'ethically' legitimized persecution of apostates and Scientology opponents to a previously unknown degree. [After the 1977 FBI raids on the GO it was renamed OSA]." emphasis added
http://cisar.org/trn1050.htm
"Scientologys Intelligence Service."
On May 26, 2001, a St. Petersburg Times editorial expressed its views upon such "fully tax-exempt" religious policies and practices:
"An attorney for the Church of Scientology defended the practice of using private investigators to protect the organization from people who harass it. Interestingly, Scientology doesnt want to be criticized or harassed, but it does not hesitate to harass and intimidate others. Again and again in recent years, Scientology has claimed that it has reformed, that it no longer engages in the kind of underhanded or illegal behavior and smear tactics that have earned it a sorry reputation around the globe. Again and again, Scientology has argued that
it is a religion and should be treated like any other
church. But again and again, stories surface that set Scientology apart. Not only does it have a penchant
for secrecy, it will spend virtually unlimited time and money on pursuing setting up and bringing down its critics. Thats not like any church we know." emphasis added
http://www.sptimes.com/News/052601/news_pf/Opinion/Church_behavior.html
False State Bar complaints were filed against me in New York and California. Ingram; Beverly Hills lawyer, Jeffrey Steinberger; and California State Assemblyman, Steven Baldwin, called a major media press conference demanding an LAPD investigation into the false threat that I allegedly posed to the youth of Los Angeles. Ingram and his puppet, California Assemblyman Baldwin, also falsely alleged that I was
associated with other prominent Los Angeles "pedophiles" because of my support for an annual fundraiser to benefit the education of gay and lesbian youth. A number of sitting judges and numerous respected attorneys were also present at this fundraiser. Ingram then complained to the LAPD and the Los Angeles Unified School District that 19 of these fundraiser attendees were convicted sex offenders - based solely upon their having names similar to those in the state register of sex offenders. Ingram even warned the Los Angeles Unified School District to watch for me. Incredibly, Moxon unsuccessfully claimed in Berry v. Cipriano that some of this activity meant that Cal. C.C.P Section 425.16 (the "SLAPP" statute) and Cal. Civil Code 47 (b) (the litigation privilege) applied to protect their conduct from civil liability because it was in furtherance of free speech and the right to petition for redress of grievances! Moxons defeat on this issue led Barbara Reeves, Esq., of the Los Angeles office of the national law firm of Paul, Hastings, Janofsky & Walker to disqualify Judge Hiroshige for bias, for being a "lame judge," as explained below.
Commencing in 1994, in excess of ten false State Bar complaints, and at least three false criminal complaints were unsuccessfully filed against me by Moxon and other Scientology shills. Defamatory leaflets were distributed in a three-block radius of my then home and the false allegations delivered to foreign governments with which I dealt professionally. Consequently, I experienced the pain of losing most of my friends and acquaintances, including judges, lawyers, other professionals and business people. Ingram visited and disturbed a number of law offices and businesses just to
ensure that it was fully understood that associating with me might be prejudicial to employment, career and other relationships. Obviously, these terrorized people were only fair weather friends, but that is irrelevant in this context.
Moxon, Abelson and Ingram also "investigated" my then senior partners at Lewis, DAmato. On January 5, 1995, Abelson visited Robert F. (Bob") Lewis, Esq., "laid out the evidence" from the "investigation" and very quickly extorted Bob Lewis into agreeing that as a Lewis, DAmato partner I would never handle another case involving Scientology; that the AIG insurance group and Lewis, DAmato would withdraw from the remaining federal court Fishman-Geertz case matters that primarily involved continuing unsuccessful Scientology efforts to have the Fishman-Geertz case files permanently sealed from public view; that a secret settlement agreement would be entered into transferring Dr. Geertzs files to Bob Lewis personally and then re-transferring them to a public storage facility near the Scientology-Moxon-Abelson offices. It must be remembered that Bob Lewis was also Dr. Geertzs lawyer and Dr. Geertz had given specific instructions not to enter into any settlement with the Church of Scientology; additionally, his insurance policy included a "consent to settlement" provision. The Scientology-Lewis secret settlement agreement also provided that only Scientology representatives and Bob Lewis would have access to the stolen Fishman-Geertz files. In addition, it was agreed that Lewis, DAmato would not oppose the sealing of the Fishman-Geertz court files. Previously, the Ninth Circuit Court of Appeals had twice upheld Judge Hupps denial of Scientology motions to seal the record. Moreover, Dr. Geertz had specifically instructed the Lewis, DAmato law firm to oppose any further attempts to seal the courts files. However, the Fishman-Geertz court files have been "temporarily sealed" ever since the 1995, Scientology, Abelson, Lewis, DAmato and AIG chicanery. Scientology still attempts, using tax-exempt funds for very expensive copyright lawyers, to prevent citizens from accessing the same materials, some of which it provides to others who make tax-exempt payments aggregating over $500,000. However, all of the same materials are freely available on the Internet, which has been the Church of Scientologys own Vietnam, in relation to its attempts to manipulate and litigate its own public relations and image.
http://slashdot.org/article.pl?sid=01/03/16/1256226&mode=thread Also see The Wall
Street Journal article http://www.rickross.com/reference/Scieno54.html
Consequently, Steven Fishman and Dr. Geertz were forced to file their malicious prosecution case against Scientology and Abelson without their new attorney, Ford
Greene, Esq., having the benefit of Dr. Geertzs files or court records from the underlying dismissed defamation case. Having stolen the client files, secreted the court record, silenced me (the clients immediate attorney) and concealed the true facts, Abelson was mistakenly named as a defendant. Later, Abelson sued Greene for malicious prosecution and forced a settlement in Abelsons favor. Dr. Geertz filed a California State Bar complaint regarding the secret settlement, theft and concealment of his attorney
client files. The State Bar dismissed the complaint at intake because these opposing counsel did not owe a professional duty to Dr. Geertz! However, the opposing counsel had breached numerous other statutes and ethics rules. The opposing counsel were former LA County Bar President John ("Jack") Quinn, Moxon, Drescher and Abelson. No action has been taken against Bob Lewis or the other involved attorneys directly and supposedly representing Dr. Geertzs interests. However, all of these attorney and "religious" crimes and frauds were rendered useless by the Internet where many of the sealed files were and are posted.
OSA chief Rinder and Abelson visited me in my Lewis, DAmato office to unsuccessfully obtain my confirmation that I would never litigate against the Church of Scientology enterprise again. Subsequently, Bob Lewis clarified that the unethical restriction only applied while I remained at the Lewis, DAmato law firm. The Fishman-Geertz malicious prosecution case was defended by a battalion of Scientology attorneys including Abelson, former L.A. County Bar President Jack Quinn (who was also involved in other aspects of this), Moxon and Gerald Feffer of Washington, D.C.s Williams & Connolly. Los Angeles County Superior Court Judge Alexander Williams, III, (an acquaintance of Feffer) dismissed the case on summary judgment. See http:www-2.cs.cmu.edu/~dst/Fishman/index.html and http://www.exposingscientology.cjb.net/ (click on reposted classics and see #s 2, 16-20 and 91) At the time, no one knew of the subsequently revealed disqualifying connections between Judge Williams and the
Church of Scientology Office of Special Affairs.
IV. SCIENTOLOGY ENGAGES IN MORE BLACKMAIL AND
CRIME AGAINST ME
As introduced and noted above, in 1991, and shortly before all of this chicanery, Miscavige, Rathbun, Moxon and Williams & Connollys Feffer (reputably with total U.S. DoJ access) had instantly convinced the then IRS Commissioner to suddenly reverse the IRS/FBI twenty-year denial of IRS § 501(c)(3) status and finally grant Scientology tax-exempt status in 1993. The U.S. Supreme Court had recently affirmed the IRS position denying Scientology section 501(c)(3) status. Hernandez v. Commissioner, 490 U.S. 680 (1988). A surprise Scientology visit to the IRS Commissioner personally, and the
sudden IRS tax status change and billion dollar windfall to the Church of Scientology and certain of its leaders, was upon the express representation and condition that Scientology did not and would not engage in such litigation and related conduct as I am now describing. The Clinton Administration and Church of Scientology Tax Closing Agreement was supposed to remain secret and confidential for reasons of "national security." However, and in truth, the Church of Scientology poses a clear and present danger to our national security. See generally the internal IRS report on the secret IRS Closing Agreement. Also: http://lisatrust.bogie.nl/NYT-030997.htm and http://lisatrust.bogie.nl/archives/forbes9-4-00.html and http://lisatrust.bogie.nl/Media/sptimes-standup.htm and
http://lisatrust.bogie.nl/LAT-6D.htm and http://www.xenu.net/archive/IRS/index.html and http://www.lermanet2.com/cos/taxanalysts/secretagreement.txt
Soon after the signing of the Closing Agreement for the secret IRS-Scientology tax deal, very senior Scientology officials (direct subordinates to Church of Scientology leader "Captain" Miscavige) visited a number of former Scientology senior officials who had sworn expert witness testimony that was filed in Fishman-Geertz. Three of these former Scientology officials have testified that they were unsuccessfully subjected to great pressure, intimidation and bribes of over $200,000 each to recant their testimony and to sign false declarations alleging that I had suborned and created perjury for filing in Fishman-Geertz. The testimony established Scientology fraud upon the IRS
because it contradicted material responses and misrepresentations by the Scientology
enterprise to the IRS. Those material [mis]representations were part of the official basis for the IRSs one billion dollar tax relief (waiver) package to the Church of Scientology and several of its senior leaders including "Captain" Miscavige.
The three former high-level Scientologists who had held senior management positions in the cult refused to join this blatant criminal conspiracy, obstruction of justice and tax fraud being perpetrated by Scientology and its lawyers. Even Wager, on or about November 21, 1994, met with one of the former Scientology senior executives, expressly in connection with me. Significantly, Abelson had some brief success of his own. A former Scientology covert intelligence operative had been given a grueling 17 - day deposition in Fishman-Geertz while being guarded by off-duty LAPD officers. Many months later, Abelson flew the former Scientology operative from Florida to Los Angeles and, after two days of "persuasion" and suborning of perjury, video-taped the witness and him reading and agreeing to a recant of the witness Fishman-Geertz deposition testimony. One month later, the witness reconsidered and testified as to what had just happened with Abelson.
Scientology then obtained Federal court search and seizure orders and, accompanied by armed U.S. Marshals, raided the homes of a number of Scientology critics. They had posted copies of the Fishman Declaration to the Internet. These critics computers, records, books and papers were seized with the assistance of the armed U.S. Justice Department marshals. Subsequently, several U.S. District Court judges opined that the Scientology lawyers had misled them. The Washington Post was unsuccessfully sued by Scientology, for publishing part of the Fishman Declaration. The Post had successfully broken Scientologys blockade of the Fishman-Geertz federal courthouse files. My then senior law partner Bob Lewis refused The Washington Posts request for my active involvement in the litigation. Bob Lewis also refused another defendants request that I represent it even with the benefit of a one million-dollar insurance policy.
The express reason was the Fishman-Geertz [no longer] secret settlement agreement between Bob Lewis, his other client AIG and Scientology and the unwritten agreement that I would not ever again represent a party adverse to the Church of Scientology.
I was professionally and personally outraged by all of these lawyers felonies, torts and ethical violations and I refused to be cowed in this manner. I resigned from the
Lewis, DAmato partnership and became a partner at Musick, Peeler & Garrett, a very fine law firm for which I have the utmost enduring professional respect and personal gratitude. I was able to accept defense retentions in a number of other cases filed by Scientology in connection with the alleged unlawful dissemination of its religious "trade secrets," unpublished copyrights, picketing and other expressions of free speech. See generally: http://www.lermanet2.com/cos/hensonmotion.htm Scientology responded with Samuel D. Rosen ("Rosen"), Esq., of the New York office of Paul, Hastings, Janofsky & Walker ("Paul, Hastings"). In Denver, Colorado, under despicable circumstances of which he had no personal knowledge, Rosen obtained the first ever monetary sanctions order against me.
V. SCIENTOLOGY DESTROYS ANOTHER 501(C)(3) - DECEIVES THE
PUBLIC
Meanwhile, Moxon had also filed over 30 baseless and unsuccessful "cookie-cutter" lawsuits against the Cult Awareness Network ("CAN") in a successful Church of Scientology effort to bankrupt fellow IRS section 501(c)(3) tax exempt CAN and to take it over as a Church of Scientology (false) "front group." It was the "Bowles & Moxon Plan 100." It would seem to contradict the statutory requirements that the "fully tax-exempt" Church of Scientology be acting for the charitable, religious, scientific or educational benefit of the public. Certainly, it flouted numerous criminal and ethical restrictions that applied to the Bowles & Moxon lawyers irrespective of their status as practicing Scientologists. To complete the sinister Scientology program, Moxon had solicited the representation of another cults victim, Jason Scott, and filed Scott v. Ross in the State of Washington. At Moxons request, the trial judge excluded all references to Scientologys involvement in the case and Moxon obtained a $4M judgment against CAN, which had referred Jason Scotts frantic mother to a deprogrammer in a largely successful attempt to recover her three teenage sons from their then cults mental manipulators. Instead of compromising and settling the judgment for Scott, Moxon pursued his other and undisclosed clients (Scientologys) agenda, refused any settlement,
and drove CAN into bankruptcy. Moxon, using Scientology shills, then purchased CANs name brand assets from the CAN bankruptcy estate. Scientology now sinisterly and stealthily operates CAN with its terrifying ability to intimidate and silence families and others seeking to communicate with, or rescue, loved ones from Scientology or another cult. For similar reasons, the seizure of the old CAN files, and the pending Church of Scientology access to the Lisa McPherson Trust files, represent the illegitimate use and abuse of the U.S. legal system to acquire "intelligence" information as to the identity and contact information of the family and friends of victims of the Church of Scientology, which then uses its thuggish lawyers, sleazy private investigators and "goons" to "shudder" such persons into submissive silence and "terror."
When Jason Scott finally realized Moxons multiple layers of undisclosed non-waivable conflicts of interest, and Moxons real loyalty and conflicting agenda, Jason Scott fired Moxon and retained me. This provoked a storm of national media attention. Immediately, the Abelson, Moxon & Kobrin worldwide "investigation" of me became
even more feverish. Ingram and Scientologys other "investigators" conducted even more "interviews" concerning me. Visits were made to Musick, Peeler & Garrett corporate clients, former Musick, Peeler attorneys and non-profit organization clients that were then required to provide their tax-exempt organization financial records to the Moxon, Abelson and Church of Scientology "investigators." Their "investigators" even spent days in the Musick, Peeler reception area, unsuccessfully insisting that they had packages and photographs of me, which had to be personally shown to and discussed with my senior partners. Understandably, and obviously reluctantly, Musick, Peeler & Garrett gave me a choice; either leave Scientology-related litigation or leave the firm (in which instance they would and did provide me with very generous assistance and support).
VI. VICTIMS NEED LAWYERS. I REFUSED TO BE INTIMIDATED BY THE
CULT
I believed that at least a few lawyers had to remain available to provide representation against what a number of European governments have labeled Scientologys "psycho-terrorism;" criminal fraud; human rights abuses; totalitarian agenda; and litigation abuse. I had seen many lawyers and law firms terrorized out of
Scientology-related matters by despicable, illegal and unethical conduct perpetrated by highly paid major law firms and private investigators. I had the specialist knowledge and experience to litigate against Scientology. As importantly, I have always been a single man and have no dependents. Consequently, I did not have the vulnerabilities and terror pressure points of a spouse, significant other, children or their need for financial support.
In other words, I was not as susceptible to a quiet "compromise" as a lawyer with a spouse, children and all of the heinous opportunities those relationships posed to a "psycho-terror" group such as the Church of Scientology and its covert operatives, "out-law"yers and "investigators" engaging in defamation and character assassination by innuendo. At least, I thought so at the time!
Scientologys Internet shills were goading me to sue if, as I claimed, the First Cipriano Declaration and related allegations were indeed false. Reluctantly, I chose to leave the Musick, Peeler law firm and continue to represent the victims of the Scientology-Moxon & Kobrin-Abelson litigation abuse and terror investigation enterprise. I also decided to sue, for defamation and abuse of process, because of what I had just learned regarding the First Cipriano Declaration. In February 1998, I formed my own solo practice and then merged with three young lawyers to form Berry, Lewis, Scali & Stojkovic.
In April 1998, I again agreed to represent Palo Alto computer engineer Keith Henson. This time it was in the statutory damages phase of Scientology "unpublished" copyright case. The copyrighted document (NOTS 34) evidenced clearly the continuing unlawful practice of medicine by Church of Scientology contrary to a specific 1977 F.D.A. injunction. It was the first of ten lawsuits that the Church of Scientology, Moxon & Kobrin, Abelson and/or Paul, Hastings, Janofsky & Walker filed, maintained or instigated against Mr. Henson at a cost that must exceed five million dollars and now involves the Canadian Government and soon the U.S. State Department. In referring to the earlier grant of summary judgment against the then pro per Henson, and the subsequent statutory damages of $75,000, a Wall Street Journal editorial opined that Northern District Court judge Ronald M. Whyte had "turned copyright law on its head." http://www.rickross.com/reference/Scn54.html
See, Wired News article:http//wired.0com/news/politics/0,1283,12355,00.html and
http://xenu.ca/index.html and http://www.operatingthetan.com/
At the conclusion of the Henson I case involving a single alleged copyright infringement, Rosen, Moxon & Kobrin and Eric Lieberman of New Yorks Rabinowitz, Standard, Krinsky & Leiberman unsuccessfully sought a contempt order and sanctions of $900,000 against me, claiming that my three week solo court appearance on behalf of
Mr. Henson (while charging a flat $5,000 fee) had required Scientologys use of 28 opposing lawyers from a number of different national law firms at a cost of over $2M. The California Court of Appeals has opined that such aggressive litigation tactics by the Church of Scientology can "have constitutional implications." Church of Scientology v. Wollersheim, 42 Cal. App. 4th 628, 649 (1996).
Consequently, in 1998, the Church of Scientology forced Mr. Henson into a no-asset bankruptcy where it continues to engage in intensive litigation which, at times, appears to be costing at least $100,000 per month and involves very expensive appearances by New York copyright lawyer Samuel D. Rosen, Esq., of the giant Paul, Hastings law firm, in endless judgment debtor examinations in the San Jose area and interference in attempts by Mr. Henson to find employment. As you will read below, Mr. Henson has now been granted "refugee status" in Canada while his asylum application is being processed.
VII. SCIENTOLOGY LAWYERS COMMIT SERIOUS FELONIES &
OBSTRUCT JUSTICE
Five months earlier, in December 1997, and while still a partner at the Musick, Peeler law firm, I had learned for the first time of the whereabouts of the elusive Robert Cipriano and the identity of certain anonymous distributors of the highly defamatory First
Cipriano Declaration. They included Scientologists Rev. Glenn Barton, Isadore Chait, Russell Shaw and Donna Casselman. They were all active in the unincorporated and elusive CAN Reform Group, a Scientology "front group" involved in the CAN takeover. Later, there would be testimony and documents, much of it corroborated, that the following had then occurred.
Moxon & Kobrin, through Ingram, had a "plant" in the Musick, Peeler law firm (later I would learn of at least two other Scientology "plants" in my office and home). Moxon and Ingram obtained a draft of my Berry v. Cipriano complaint from their
"plant" within Musick, Peeler. Moxon and Ingram then located Cipriano before he moved in a final, but unsuccessful, attempt to avoid service of my defamation lawsuit. Ingram met with Cipriano in Santa Barbara County and had him travel to Los Angeles to meet with Moxon at the Moxon & Kobrin false-front law office. They showed Cipriano the stolen draft Berry v. Cipriano defamation complaint and told him they would provide free representation if I filed. When I did file, Cipriano wanted to immediately settle with me on the reasonable written terms I proposed. However, late on a Saturday night, Moxon and Ingram intervened. Moxon and Ingram raced to the home of Cipriano and his then girlfriend, unsuccessfully offered her benefits, successfully solicited the legal representation of Cipriano, "relocated" him and later promised him up to $750,000 in financial benefits if he co-operated to maintain the perjuries they had earlier extorted for the First Cipriano Declaration. Ingram, Moxon and Abelson knew of my long-time statements that when I finally found and sued Cipriano they would also be defendants as well as being important material witnesses.
Whether as witnesses or defendants, applicable conflict of interest rules precluded Moxon, Kobrin and Abelson from also being the lawyers for any of the other defendants. However, Cipriano was the only "evidence" of "truth/substantial truth" that they had. They had to keep him committing perjury. Later, as Ciprianos lawyer, and without disclosure or waiver of the multiple and non-waivable conflicts of interest, Moxon would fallaciously and dishonestly misrepresent to the Berry v. Cipriano court that none of my 40-60 alleged victims were "locatable" as they were, " teenage hustlers who had all died of AIDS." Because of the manner in which the then known facts emerged, I filed three different defamation law suits at three different times, all of which were deemed related and consolidated for all purposes (collectively, "the Berry cases"). Scientology and Moxon assembled a formidable and very expensive army of national and international law firms to defend the consolidated Berry cases. In essence, the Berry cases alleged that the First Cipriano and related Declarations were defamatory, part of an abuse of legal process and had caused me damage. Rev. Barton did not even wait for the lawsuit to be served on him. The Scientology litigation juggernaut launched yet another litigation blitzkrieg.
The Scientology litigation juggernaut included: Paul, Hastings, Janofsky & Walkers Los Angeles and New York offices (Samuel D. Rosen, Barbara Reeves, Michael Turrill and Brad Pauley); Williams & Connolly of Washington, DC (Gerald Feffer); Zuckert, Scoutt & Rasenberger of Washington, DC (Monique Yingling); Wasserman, Comden & Casselman of Los Angeles (Gary Soter); Simke Chodos of Los Angeles (David Chodos and James Martin); William T. Drescher of Los Angeles; Elliot
Abelson of Los Angeles and, of course, Moxon & Kobrin of Los Angeles. Rosen was
then billing at $490/hour giving, as he stated, "No discounts to anyone."
The Berry cases were randomly assigned to Los Angeles County Superior Court Judge Hon. Ernest M. Hiroshige. He denied Ciprianos demurrer and C.C.P.§ 425.16 "SLAPP" motion. On behalf of Scientologist Barton, Rosen and Reeves of Paul, Hastings filed a C.C.P.§ 170.6 peremptory challenge for bias. The Berry v. Cipriano/Barton cases were reassigned and then reassigned again to Hon. Alexander Williams III. Later, Cipriano testified that at the time (June 1998) Moxon informed him that Judge Hiroshige
was "a la