Complaint in Pattinson vs. Scientology
From tilman@berlin.snafu.de (Tilman Hausherr)
Organization United Umbilicals, Inc
Date Fri, 22 May 1998 19:04:58 GMT
Newsgroups alt.religion.scientology,misc.legal
Message-ID <3573cbdb.13782432@news.snafu.de>
References 1
GRAHAM E. BERRY (State Bar No. 128503) FILED
CHRISTIAN J. SCALI (State Bar No. 193785 CLERK, U.S. DISTRICT
BERRY, LEWIS, SCALI & STOJKOVIC COURT MAY 21, 1998
One Wilshire Boulevard CENTRAL DISTRICT OF
Twenty-First Floor CALIFORNIA
Los Angeles, California 90017-3383
(213) 833-5900
Attorneys for Plaintiff
MICHAEL P. PATTINSON
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
MICHAEL PHILLIP PATTINSON,
Plaintiff,
v.
CHURCH OF SCIENTOLOGY INTERNATIONAL, a California Corporation; RELIGIOUS TECHNOLOGY CENTER, a California Corporation; CHURCH OF SCIENTOLOGY OF CALIFORNIA, a California Corporation; SEA ORGANIZATION, a California-based entity; DAVID MISCAVIGE, an individual; AUTHOR SERVICES INCORPORATED, a California Corporation; BRIDGE PUBLICATIONS, INC., a California Corporation; CHURCH OF SPIRITUAL TECHNOLOGY, a California Corporation; AUTHOR FAMILY TRUST, a California entity; ESTATE OF L. RON HUBBARD, a California entity; RELIGIOUS RESEARCH FOUNDATION; THE COMMODORES MESSENGER ORGANIZATION; NORMAN STARKEY, an individual; THE WAY TO HAPPINESS FOUNDATION INTERNATIONAL, a California corporation; WORLD INSTITUTE OF SCIENTOLOGY ENTERPRISES, a California corporation; WORLD INSTITUTE OF SCIENTOLOGY ENTERPRISES INTERNATIONAL, a California corporation; MAJESTIC CRUISE LINES, a Florida corporation; M/V. FREEWINDS, a foreign registered motor vessel; INTERNATIONAL ASSOCIATION OF SCIENTOLOGISTS, an English corporation; CHURCH OF SCIENTOLOGY, FLAG SERVICE ORGANIZATION, a Florida corporation; CHURCH OF SCIENTOLOGY ADVANCED ORGANIZATION OF LOS ANGELES, a California corporation; CHURCH OF SCIENTOLOGY AMERICAN ST. HILL ORGANIZATION, a California corporation; FLAGSHIP SERVICE ORGANIZATION, a Florida corporation; CITIZENS COMMISSION ON HUMAN RIGHTS INTERNATIONAL, a California corporation; CHURCH OF SCIENTOLOGY RELIGIOUS TRUST, a California corporation; CHURCH OF SCIENTOLOGY WESTERN UNITED STATES AMERICAN ST. HILL ORGANIZATION, a California corporation; UNITED STATES IAS MEMBERS' TRUST, a California entity; CHURCH OF SCIENTOLOGY ADVANCED ORGANIZATION ST. HILL FOR EUROPE AND AFRICA, a Danish corporation; CONTINENTAL LIAISON OFFICE EUROPE, a Danish corporation; CHURCH OF SCIENTOLOGY OF PARIS, a French corporation; CHURCH OF SCIENTOLOGY CELEBRITY CENTER INTERNATIONAL, a California corporation; CHURCH OF SCIENTOLOGY CELEBRITY CENTER PARIS, a French corporation; NEW ERA PUBLICATIONS INTERNATIONAL, a Danish corporation; MARY SUE HUBBARD, an individual; PAT BROEKER, an individual; ANNE BROEKER, an individual; LYMAN SPURLOCK, an individual; TERRI GAMBOA, an individual; MARK FISHER, an individual; VICKI AZNARAN, an individual; MARK FISCHER, an individual; MARTY RATHBUN, an individual; RAY MITHOFF, an individual; HEBER JENTZCH, an individual; DANNY KEOGH, an individual; JOHN TRAVOLTA, an individual; DANNY KEOGH, an individual; MARY VOEGEDING, an individual; JACQUELINE VAN DER LINDE, an individual; ALAIN FRANCK ROSENBERG, an individual; SARIT ROSENBERG, an individual; CHRISTINE McNOCHER, an individual; GUILLAUME LASERVE, an individual; JOHN TRAVOLTA, an individual; KENDRICK L. MOXON, an individual; and DOES 1 through 500, inclusive,
Defendants,
and
WILLIAM J. CLINTON, SAMUEL R. BERGER, MADELINE K. ALBRIGHT, ROBERT E. RUBIN, WILLIAM M. DALEY, CHARLENE BARSHeFSKY and MICHAEL P. DOLAN, all individuals being sued in their representative capacities further to the declaratory and injunctive relief requested herein,
Relief Defendants.
___________________________________ )
)
)
)
) Case No. 98-3985(CAS) (SHx)
COMPLAINT FOR:
- (1) RACKETEERING
[18 U.S.C. ?1962(a)] (2) RACKETEERING
[18 U.S.C. ?1962(b)] (3) RACKETEERING
[18 U.S.C. ?1962(c)] - (4) RACKETEERING
[18 U.S.C. ?1962(d)] - (5) INVASION OF PRIVACY
- (6) INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
- (7) FRAUD (Misrepresentation of Tax Exempt Status and Charitable Nature)
- (8) FRAUD (Receipt of Money by Hubbard and his Successors)
- (9) FRAUD (Misrepresentation of Confidentiality of Auditing Files)
- (10) FRAUD (Misrepresentations of Hubbard's Background, Achieve-ments
and Character - (11) BREACH OF FIDUCIARY DUTY
- (12) NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS
- (13) ASSAULT
- (14) FALSE IMPRISONMENT
- (15) DEFAMATION
- (16) BREACH OF CONTRACT
- (17) BREACH OF COVENANT OF GOOD FAITH AND FAIR DEALING
- (18) FRAUD
- (19) INJUNCTIVE RELIEF AND CONSTRUCTIVE TRUST
- (20) FRAUD/FALSE ADVERTISING DECEPTIVE TRADE PRACTICES
- (21) INTERFERENCE WITH BUSINESS RELATIONS AND PROSPECTIVE ADVANTAGE
- (22) UNJUST ENRICHMENT, ACCOUNTING, EQUITABLE TRACING, AND IMPOSITION
OF CONSTRUCTIVE TRUST - (23) DECLARATORY AND INJUNCTIVE RELIEF
- (24) CONSPIRACY
DEMAND FOR JURY TRIAL
COMES NOW Plaintiff Michael Pattinson, for his complaint against these Defendants, and alleges as follows:
JURISDICTION
1. This case arises, inter alia, under and is brought pursuant to the Racketeer Influenced and Corrupt Organizations laws (RICO), 18 U.S.C. ?? 1961, et seq. Federal jurisdiction is expressly conferred by 18 U.S.C. ? 1964(c). Venue in this district is authorized under 18 U.S.C. ? 1965 in that the Defendants herein reside, are found, have agents or transact affairs within this district. This Court has ancillary or pendant jurisdiction over the state law claims stated herein. The torts herein alleged involve a substantial identity of persons, wrongful conduct on the part of Defendants, and resulting damage to Plaintiff herein. This "skeletal" complaint is being filed, less than seven days after counsel's retention, herein, to preserve any applicable statute of limitation and will be corrected, revised and amended before service on the various Defendants. Unfortunately, during this same seven day period Plaintiff's counsel has been engaged in a trial involving certain of the Defendants herein.
THE PARTIES
2. Plaintiff MICHAEL PHILLIP PATTINSON ("Plaintiff") is an individual residing in the State of California, County of Los Angeles. Plaintiff is a citizen of the United Kingdom of England, Scotland, Wales and Northern Ireland. Plaintiff is a professional artist and the holder of a Master of Arts Degree from Dundee University in Scotland. Plaintiff has had a 25-year career internationally selling graphic art with over 99% of the sale of his art work being to private and corporate collectors. Plaintiff is the pioneer of the "musicalist" art style in that he paints visual renditions of pieces of music, and this style has met with good success whenever properly marketed and not subjected to exploitation and destruction by the Defendants herein. Plaintiff has appeared on U.S. television with his art and had exhibitions in over twelve different countries during his art career. During almost the entirety of Plaintiff's artistic career, he has been a member of the various churches and corporations of Scientology which have, at various times, both exploited and destroyed his business of selling works of art.
3. The so-called religion of SCIENTOLOGY was founded by L. Ron Hubbard (hereinafter "Hubbard"), who set forth certain purported "scientific" theories in a number of writings published in the early-1950s, including: Dianetics: The Modern Science of Mental Health and Science of Survival: Prediction of Human Behavior. Subsequently, in or about the mid-1950s, Hubbard began representing that his published, and unpublished, theories were both "scientific" and "religious."
4. The Scientology entities named as Defendants herein are part of the single entity or juggernaut of Scientology. The corporate Defendants herein are components of the larger conglomeration of approximately 150 shell corporations, "fronts" and other organizations which, in the aggregate, are also referred to as Scientology.
5. Defendant Church of Scientology International ("CSI") is, and at all relevant times was, a California corporation with its principal office in the City of Los Angeles, County of Los Angeles, State of California. As recently as October 29, 1997, CSI was found by the California Superior Court of Los Angeles County to be one of the alter ego-control entities of Scientology. CSI is currently the official Mother Church of Scientology. CSI houses the Scientology unit called the Office of Special Affairs ("OSA"). OSA is Department 20 on the Scientology organization, or Org. board. It is responsible for handling all external threats to the Scientology enterprise. The overwhelming majority of the revenues of CSI are used to fund an army of lawyers, paralegals and private investigators conducting intelligence, intimidation and legal operations that, among other things, are intended to conceal the criminal, fraudulent and other activities perpetrated upon the Plaintiff and others and to further expansion of Scientology, and its worldwide totalitarian political dominations by any means whether legal or illegal.
6. At all times mentioned herein, each and every Defendant was the authorized agent, servant and/or employee of each and every other Defendant and was acting within the scope of his/her authority as agents, servants and employees with the permission and consent of their co-Defendants. Reference to "Defendants" shall mean Defendants and each of them.
7. Defendant Religious Technology Center ("RTC") is, and at all relevant times was, a California corporation with its principal office in the City of Los Angeles, County of Los Angeles, State of California. As recently as October 29, 1997, RTC was found by the California Superior Court of Los Angeles County to be one of the alter ego-control entities of Scientology. RTC is one of the corporations that controls the copyrights and trademarks pertaining to the works of L. Ron Hubbard and various others.
8. Defendant, the United States of America, a government and the embodiment of Plaintiff's innate ideals, is now an international super-power and an entity which was formerly under attack as part of Defendants' successful war against the IRS. Since Defendants' widely reported blackmail of the then President Clinton appointed IRS Commissioner, Defendant the United States of America, and the other Defendants have conspired and co-operated to the detriment, prejudice and betrayal of Plaintiff.
9. Defendant, the President of Untied States of America, is an elected public official who, in the personification of the current incumbent, William Jefferson Clinton, allowed itself to be seduced by the aura, overtures and entrees of Defendants such as John Travolta, to the prejudice, detriment and damage of Plaintiff as set forth and more fully described herein.
10. All governments, elected officials and appointed officers sued herein are only sued for the purpose of making them "Relief Defendants" in connection with the unlawful activities alleged of the Scientology and Scientology affiliated Defendants and the Declaratory and Injunctive Relief requested herein.
11. Defendant Church of Scientology of California ("CSC") is, and at all relevant times was, a California corporation with its principal office in the City of Los Angeles, County of Los Angeles, State of California. Until 1982, CSC was the mother church of the Church of Scientology. Plaintiff is informed and believes and based thereon alleges that in 1982, as part of a fraudulent and criminal conspiracy led by Defendant Miscavige, and known as Mission Corporate Category Sort-Out ("MCCS"), and in order to avoid the claims of creditors, such as judgment creditor Lawrence D. Wollersheim, and other litigants, and properly due taxes and government supervision, CSC transferred its assets to other Scientology corporations and entities for no consideration.
12. Defendant Sea Organization ("Sea Org."), is, and at all relevant times was, an unincorporated California-based entity or association housed in the various business offices of that state's corporate party Defendants herein, and is one of the alter-ego entities which control Scientology throughout the world. The Sea Org. is a fraternal para-military and totalitarian organization comprised of various Sea Org. units existing within the formalized structures of Scientology. Upon information and belief, Plaintiff alleges that the formalized structures of Scientology are mere corporate shells and shams operating in concert and under the directions of the Sea Org. The various Sea Org. units are the actual Scientology organization. The Sea Org. is governed by the Sea Org. Board, maintains its own bank accounts, and maintains the Sea Org. reserves. The Sea Org. is "the absolute power center" of the whole "scientology" establishment said to be located worldwide, including 150 satellite or affiliated entities claimed to exist in the United States and listed in the Clinton Administration's 1993 IRS letter "conditionally approving Defendants' tax exempt status." Defendant Miscavige sits alone as "the absolute power center," controlling absolutely by whatever traditional/Hubbard/ Miscavige means are required to further Scientologys' world wide takeover, whether lawful or unlawful. The Sea Org. Reserves were not reported to the IRS, as part of the 1993 Scientology-IRS Settlement Agreement, notwithstanding their source being the various Scientology Section 501(c)(3) tax-exempt entities. The Sea Org. reserves or bank accounts are used to hold, hide, transfer and manipulate funds properly belonging to the Scientology enterprise and beneficially owned by its members and, in part, contributed to by the Plaintiff.
13. At all times mentioned herein, Defendant David Miscavige ("DM" or "Miscavige") was domiciled in the State of California and at various times, held numerous `posts', and wore numerous `hats', within Scientology, including being a Commodore's Messenger, mission ops/Mission Corporate Category Sort-out ("MCCS"), an Executive of ASI, the Chairman of the Board of Directors of RTC, the Managing Agent of CST, the Managing Agent of RTC, the Managing Agent of CSI, the head of the Sea Org., the world-wide ecclesiastical head of Scientology, and the Supreme Commander of Scientology, and holds the rank of pseudo naval rank of Captain within the Sea Org., into which is paid a large portion of Scientology's vast tax free net income and profits. At various relevant times herein, Miscavige had direct oral and written communications with Plaintiff, including communications relating to his completion of the new OT-VII and new OT-VIII course levels, and thus, has unique and percipient knowledge as to certain of the relevant matters herein. In 1993, in a 1933 Nuremberg/Nazi like rally, Miscavige proclaimed Scientology's `War against the United States Internal Revenue Service' to be over with a saving of taxes and penalties otherwise due the United States Government, State Governments and local taxing authorities in the approximately amount of one billion dollars minus the twelve million dollars paid to I.R.S. in the settlement. As part of said, conditional settlement, the Clinton Administration agreed do permit Miscagive and certain of the other Defendants do monitor their compliance with the tax laws of these United States.
14. Defendant Author Services, Inc. ("ASI") is, and at all relevant times was, a California corporation with its principal office in the City of Los Angeles, County of Los Angeles, State of California. ASI was the alter-ego of L. Ron Hubbard and subsequently was the alter-ego of Defendants Pat Broeker and Miscavige.
15. Defendant Bridge Publications, Inc. ("BPI") is, and at all relevant times was, a California corporation with its principal office in the City of Los Angeles, County of Los Angeles, State of California.
16. Defendant Church of Spiritual Technology ("CST") is, and at all relevant times was, a California non-profit corporation with its principal office in the City of Los Angeles, County of Los Angeles, State of California. CST was organized by the Defendants Miscavige, Spurlock, Starkey, Pat Broeker, Anne Broeker, and certain other persons for the purpose of transferring, alienating, embezzling and converting assets contributed to, in part, by Plaintiff, belonging to Plaintiff, or otherwise belonging to the Church of Scientology, to the benefit of Defendants and to their individual inurement in violation of applicable tax law and representations made by Defendants to Plaintiff.
17. At all times mentioned herein, Plaintiff is informed and believes and thereon alleges that Defendants Author Family Trust, and the Estate of L. Ron Hubbard, are entities that are residents of the State of California and subject to technical control of Defendant Normal Starkey.
18. Defendant Religious Research Foundation is incorporated in Liberia and has been utilized by Defendants to channel monies contributed by Plaintiff into non-church accounts controlled by Hubbard and his successors for their personal and unlawful inurement.
19. Defendant the Commodores Messengers Org (CMO) is comprised of a group of Sea Org members who operate, using monies partially provided by Plaintiff, to ensure that the whims of Hubbard and his successor Miscavige are instantly complied with.
20. At all times herein, Defendant Norman Starkey was and is a "junior" or subordinate of Miscavige and/or L. Ron Hubbard, is a trustee of Arthor Family Trust and the Executor of the Estate of L. Ron Hubbard.
21. Defendant The Way to Happiness Foundation International is, and at all relevant times was, a California corporation with its principal office in the City of Los Angeles, County of Los Angeles, State of California.
22. Defendant World Institute of Scientology Enterprises ("WISE") is, and at all relevant times was, a California corporation with its principal office in the City of Los Angeles, County of Los Angeles, State of California.
23. Defendant World Institute of Scientology Enterprises International ("WISE Int.") is, and at all relevant times was, a California corporation with its principal office in the City of Los Angeles, County of Los Angeles, State of California.
24. Defendant Majestic Cruise Lines, is a division of the Foundation Church of Scientology Flagship Service Organization, is and at all relevant times was, a foreign corporation with a place of business at 118 North Fort Harrison Avenue, Clearwater, Florida and which also transacted business within the City of Los Angeles, County of Los Angeles, State of California.
25. Defendant M.V. Freewinds is, and at all relevant times was, a foreign registered motor vessel owned and operated by Majestic Cruise Lines by and, on behalf of Defendants.
26. Defendant International Association of Scientologists ("IAS") is, and at all relevant times was, a corporation having its principal place of business in care of St. Hill Manor, East Grinstead, Sussex, England, but which also did business within the City of Los Angeles, County of Los Angeles, State of California.
27. Defendant Church of Scientology, Flag Service Organization ("FSO") is, and at all relevant times was, a Florida corporation with its principal office in the City of Clearwater, State of Florida, but which did business within the City of Los Angeles, County of Los Angeles, State of California. For example, FSO solicits heavily in California and conducts substantial business in California. At one point, FSO was a division of CSC; subsequently, as part of Miscavige's MCCS, it was spun off as an individual corporation and its assets transferred, without consideration, to avoid credit-worthy litigants' claims such as those of judgment creditor Lawrence Wollersheim.
28. Defendant Church of Scientology Advanced Organization of Los Angeles ("AOLA") is, and at all relevant times was, a California corporation with its principal office in the City of Los Angeles, County of Los Angeles, State of California.
29. Defendant the Church of Scientology American St. Hill Organization ("ASHO") is, and at all relevant times was, a California corporation with its principal office in the City of Los Angeles, County of Los Angeles, State of California.
30. At one time, Defendants AOLA and ASHO were part of Defendant CSC. Plaintiff is informed and believes and, based thereon, alleges that said Defendants were turned into individual corporations and their assets transferred, without consideration, to avoid creditors' and litigants' claims such as those of judgment creditor Lawrence D. Wollersheim.
31. Defendant Flagship Service Organization, aka FSO, Freewind Relay Office, is, and at all times was, a Florida corporation with its principal office in the City of Clearwater, Florida, but which does business within the City of Los Angeles, County of Los Angeles, State of California.
32. Defendant Citizens Commission on Human Rights International is one of numerous Scientology and front groups which has a place of business at 6362 Hollywood Boulevard, Suite 5, Los Angeles, California.
33. Defendant Church of Scientology Religious Trust ("CSRT") is, and at all relevant times was, a Florida corporation with its principal place of business in the City of Clearwater, Florida, but which also does business within the City of Los Angeles, County of Los Angeles, State of California.
34. Defendant Church of Scientology Western United States American St. Hill Organization ("American St. Hill") is, and at all relevant times was, a California corporation with its principal office in the City of Los Angeles, County of Los Angeles, State of California.
35. Defendant United States IAS Members' Trust is, and at all relevant times was, an entity with its principal office in the City of Los Angeles, County of Los Angeles, State of California.
36. Defendant Church of Scientology Advanced Organization St. Hill for Europe and Africa is, and at all relevant times was, a Danish corporation with its principal office in the City of Copenhagen, Denmark, but which does business within the City of Los Angeles, County of Los Angeles, State of California.
37. Defendant Continental Liaison Office Europe is, and at all relevant times was, a Danish corporation with its principal office in the City of Copenhagen, Denmark, but which does business within the City of Los Angeles, County of Los Angeles, State of California.
38. Defendant Church of Scientology of Paris is, and at all relevant times was, a French corporation with its principal office in the City of Paris, France, but which does business within the City of Los Angeles, County of Los Angeles, State of California.
39. Defendant Church of Scientology Celebrity Center International is, and at all relevant times was, a California corporation with its principal office in the City of Los Angeles, County of Los Angeles, State of California. 40. Defendant Church of Scientology Celebrity Center Paris is, and at all relevant times was, a French corporation with its principal place of business in Paris, France, but which does business within the City of Los Angeles, County of Los Angeles, State of California.
41. Defendant New Era Publications International ("ApS") is, and at all relevant times was, a Danish corporation with its principal office in the City of Copenhagen, Denmark, but which does business within the City of Los Angeles, County of Los Angeles, State of California.
42. Defendant Mary Sue Hubbard ("MSH") is a resident of the City of Los Angeles, County of Los Angeles, State of California. Until his death, allegedly on January 24, 1986, L. Ron Hubbard exercised dominion and control over all Scientology corporations through, until 1981, the Guardian's Office ("GO") which organization was headed by his wife MSH. Upon information and belief, MSH has converted millions of dollars of Church of Scientology funds, she has fraudulently taken information from "PC files" to be used for purposes of blackmail and extortion and made an agreement with Norman Starkey as Executor to receive a portion of the Estate of L. Ron Hubbard. Between the latter part of 1979 and mid-1980, MSH was one of the 11 highest officials of the GO who were convicted of a variety of serious crimes by the United States Government. In mid-1980, in a deceptive Putsch or take-over, involving misrepresentations by Miscavige to L. Ron Hubbard, Miscavige removed MSH as the Custodian; Miscavige now has MSH under virtual house arrest in the Hollywood Hills of Los Angeles, California. Plaintiff is informed and believes that had Defendants not entered into the 263 page Stipulate of Evidence in United States v. Hubbard, with the various Relief Defendants named herein, then certain of the Relief Defendants, such as the Government of the United States of America, America would have publicly revealed certain additional evidence of Defendants' extensive infiltration of the United States Government by recruiting senior government officials into the Scientology "religion," using the `auditing' process to obtain classified information regarding international currency and commodity price movements from certain recruited government officials and then employing said knowledge to the financial benefit and Defendants and at the expense, cost and detriment of Plaintiff generally.
43. Defendant Pat Broeker is an individual whose current whereabouts are unknown to Plaintiff, but understood to be known to Defendants Miscavige, his hired "investigator" former LAPD officer Eugene Ingraum who is the subject of numerous arrest warrants in various of these United States and abroad, and many of the other individual Defendants herein. Until Hubbard's death, allegedly on January 24, 1986, Defendant Pat Broeker was in hiding with LRH and communicated LRH's orders to DM. At that time, Plaintiff is informed and believes that Pat Broeker and DM together controlled approximately $150 million, which includes monies which were contributed by Plaintiff or which were the product of his labor, without authority to do so. Pat Broeker was Hubbard's designated successor until Miscavige engineered a "putsch" or take- over to remove him and to confine him at one of Defendants' RPFs' or concentration camps, in Riverside County, California.
44. Defendant Ann Broeker is, and at all relevant times was, a California resident. She is currently believed to be residing at Scientology's base at Gilman Hot Springs near Hemet, County of Riverside, State of California. Upon information and belief, Anne Broeker escaped from said Scientology base, described in the court sealed declaration of Andre Tabayoyan (which is available on the Internet) as being "heavily armed and dangerous" was allegedly captured at a New York airport, and kidnapped, by Defendant Marty Rathbun, allegedly using a private jet owned by Defendant John Travolta, and she is now allegedly being held against her will at said Scientology desert base which also accommodates the Rehabilitation Project Force ("RPF"), described by many former Scientologists as a form of "gulag" or "concentration camp." Until Hubbard's death, allegedly on January 24, 1986, Ann Broeker was in hiding with Hubbard and assisted Pat Broeker to communicate Hubbard's orders to Miscavige.
45. Defendant Lyman Spurlock, is a subordinate of Miscavige, who is currently in charge of all of Church of Scientology finances and assets throughout the world. Spurlock, together with DM and Starkey, wrongfully controls Scientology assets, comprising monies contributed by Plaintiff, through various Scientology corporate shells.
46. Defendant Terri Gamboa, is a resident of the State of Arizona but, at certain relevant times, was a California resident and subordinate of Miscavige in which capacity, she received orders and directions from DM and through ASI, exercised wrongful control and dominion over assets of Scientology which included monies contributed by Plaintiff. She is now subject to intimidation, by Defendants, intended to keep her forever silent about the matters set forth herein.
47. Defendant Mark Fisher is a resident of the State of Arizona but, at relevant times, was a California resident and subordinate or "junior" of Miscavige in which capacity he received orders and directions from DM and participated in the wrongful control and dominion over assets of the Scientology enterprise comprised, in part, of monies contributed by Plaintiff. He is now subject to intimidation, by Defendants, intended to keep her forever silent about the matters set forth herein.
48. Defendant Vicki Aznaran is a resident of the City of Dallas in the State of Texas but, at certain relevant times, was a corporate officer of RTC who exercised wrongful control and dominion over assets of Scientology comprised, in part, of monies contributed by Plaintiff. She is now subject to intimidation, by Defendants, intended to keep her forever silent about the matters set forth herein.
49. Defendant Marty Rathbun is either a resident of the State of California and/or does business within the State of California and at all relevant times was a subordinate of Miscavige, exercising wrongful control and dominion over assets of Scientology comprised of contributions by Plaintiff and engaged in fraudulent conduct directed at Plaintiff.
50. Defendant Ray Mithoff is, and at all relevant times was, a resident of the State of California and a subordinate of LRH, MSH and DM. At various times, notwithstanding his alleged illicit hallucinogenic drug activity, he was RTC Inspector General Tech and participated in various of the frauds perpetrated upon Plaintiff. He is believed to maintain a secret list of "mysterious" Scientology related deaths.
51. Defendant Heber Jentzch is a resident of the City of Los Angeles, County of Los Angeles, State of California and the President of CSI. As President of CSI and the principal public relations spokesperson for Scientology, he has participated in the various fraudulent representations perpetrated upon the Plaintiff.
52. Defendant Danny Keogh is a resident of the State of Florida. He has participated in the various fraudulent representations and misconduct perpetrated upon the Plaintiff.
53. Defendant Jacqueline Van Der Linde is a resident of the City of Clearwater, Florida, a field staff member of Defendants', and was at one time was a member of the Guardian's Office and at the orders of Hubbard and certain of the other Defendants herein participated in the instructions to a Plaintiff to lie about the Scientology presence in, and intended takeover of, the City of Clearwater by masquerading as members of the United Churches of Florida as more fully described herein.
54. Defendant Mary Voegeding is the President of Flag Land Base at Clearwater, Florida and is a person who personally participated in the fraudulent and unlawful conduct perpetrated upon the Plaintiff.
55. Defendant Alain Franck Rosenberg is the Executive Director of Celebrity Center Paris, one of the Defendants herein, who does business within the State of California and who participated in the perpetration of the various fraudulent and wrongful conduct Defendants perpetrated upon Plaintiff herein.
56. Defendant Christine McNocher is, or was, the Airtechs Officer on the MV Freewinds and, as more fully described herein, she wrongfully stripped Plaintiff of his OT levels thereby, and in other ways, participating in the fraudulent and wrongful conduct perpetrated on Plaintiff by Defendants herein.
57. Defendant Guillaume Leserve is the Executive Director of CSI (ED Ent.) and in that capacity is the Executive Director of the Scientology Enterprise world-wide. The "post" or "hat" was once held by Hubbard. As one of the most senior staff member of the Scientology Enterprise he has participated in the fraudulent, tortious and other wrongful conduct that Defendants have perpetrated upon Plaintiff herein. In addition, Defendant Leserve and Plaintiff had personal and direct communication on the issue of resolving the injustice perpetrated upon him, as more fully described herein, and the restoration of the OT levels wrongfully stripped from Plaintiff after he had paid over $500,000 dollars to obtain those OT levels. Thus, Defendant Leserve has unique percipient knowledge of the matters complained of herein.
58. Defendant Sarit Rosenberg is the President of Celebrity Center Paris which does business among other places, in the City of Los Angeles, County of Los Angeles, State of California and who personally participated in some of the most egregious of the tortious and wrongful conduct perpetrated by Defendants upon Plaintiff.
59. Defendant John Travolta ("Travolta"), at various relevant times herein, was a resident of the City of Los Angeles, County of Los Angeles, State of California, is now believed to be a resident of the State of Florida, and is a celebrity member of the Church of Scientology. He has been a member of Scientology for a period of time similar to that of Plaintiff. Defendant Travolta has been a prolific principal public spokesperson for the Church of Scientology, making statements, now known to be material misrepresentations, which Plaintiff reasonably relied upon to his detriment. Plaintiff specifically relied upon Defendant Travolta's misrepresentations because, as reported in the May 6, 1991 Time Magazine cover story "Scientology, A Thriving Cult of Greed and Power," where it had been publicly alleged and privately rumored that Defendant Travolta was a promiscuous homosexual. Because Plaintiff had been lured into Scientology upon, among other things, the representation that Scientology counseling and courses would "handle" or cure his homosexuality or "ruin", which misrepresentations continued until the time of his departure from Scientology, he relied to his detriment upon Defendant Travolta's public statements, as a spokesperson for Defendants, endorsing Scientology and the practices of Defendants. More recently, as part of what has been called Cult-Gate, Travolta has been responsible for subverting the President of the United States into intervening, through the United States Secretary of State and the National Security Advisor in the internal affairs of the Government of Germany and, through the United States Department of Commerce and the United States Special Trade Negotiator, in the internal affairs of the Government of Sweden by placing it on a 301 watch list with associated threats of United States Government Trade Sanctions against the Government of Sweden for refusing to comply with Defendants' demands concerning public availability of scriptures allegedly relating to their so- called religion. Defendant Travolta has known of Scientology's gulags and concentration camps, otherwise known as RPF's, through one Spanky Taylor, but has chosen to turn a blind eye to their existence and to refrain from disclosing his knowledge to people such as Plaintiff who trusted and relied upon him as a principal spokesperson on behalf of the Defendants. Defendant Travolta's public statements, "handling" and subsequent marriage were material statements Plaintiff reasonably relied upon, as Hubbard intended when he taught Defendant how to use celebrities for the recruitment and retention of the Plaintiff and others.
60. Defendant Kendrick L. Moxon ("Moxon") is a resident of the City of Los Angeles, County of Los Angeles, State of California and was a deputy guardian, engaged as an unindicted co-conspirator in the criminal activities leading to the arrest and imprisonment of certain senior Scientologists in Washington, D.C. and elsewhere, and since then, has been variously masquerading as the law firm of Bowles & Moxon, Moxon & Bartilson and Moxon & Kobrin, although in reality, he is a member of the legal unit in the office of Special Affairs ("OSA"), in which capacity he has been responsible for, or participated in, various of the criminal, fraudulent and unethical activities alleged herein.
61. Plaintiff is ignorant of the true names and capacities of Defendants Does 1 through 500, and therefore sues said Defendants by fictitious names. Plaintiff will seek leave to amend this complaint when the true names of said Defendants have been ascertained. Plaintiff is informed and believes and on that basis alleges that each of the fictitious Defendants was in some way responsible for, participated in or contributed to the matters and things of which Plaintiff complains herein and, in some fashion, has legal responsibility therefor.
62. Defendants are part of an ongoing criminal enterprise, and criminal association in fact, referred to herein as "SCIENTOLOGY." The persons in control of this criminal enterprise are members of controlling groups such as the "Sea Org," the "Office for Special Affairs" ("OSA"), and "The Commodore's Messenger Org" (CMO). At all relevant times, the corporate Defendants, the unincorporated Defendants, the individual Defendants and the Sea Org. have conducted and been engaged in the promulgation and sale of the writings and practices of L. Ron Hubbard and Scientology as a unified business enterprise.
63. The various corporate Defendants herein are co-conspirators subject to a unity of control. The separate alleged corporate structures were created as part of a scheme to avoid liability for the acts of the enterprise, including the avoidance of taxes, civil judgments and criminal penalties. Due to the unity of control, unity of personnel, overlapping boards of directors, overlapping executives, overlapping attorneys, including some from the nation's most prestigious law firms such as, commingling of assets, and commonality of business objectives, the attempt at separation of these corporations, and other entities, and all of Scientology's other corporations and entities, should be disregard by the court. In particular, there exists, and at all times relevant hereto, has existed, such a unity of control and interest among the corporate Defendants, and the Sea Org., such that any individuality and separateness between each of them has ceased and each is the alter-ego or agent of the others in that, among other things:
a. Each corporation is controlled, dominated, managed and operated by certain Managing Agents of Scientology (as hereinafter defined) with corporate individuality considered only for the sake of appearances;
b. Each corporation or trust is a shell instrumentality and sham conduit through which said Managing Agents carry on their domination of Scientology and the related entities, including the named Defendants herein, and the business of developing, marketing and selling the ideas of L. Ron Hubbard and Scientology;
c. The corporate formalities maintained by the corporations are mere fraudulent facades;
d. There is a concealment and misrepresentation of the identity of the responsible management of each such entity;
e. There is use of a corporate entity to procure staff or employees of other affiliated Org. corporations and Sea Org.;
f. Although the corporations normally use separate counsel, all counsel are controlled and directed by the Managing Agents, and the retention of separate counsel is merely one aspect of the fraud designed to create the appearance of independent corporate entities.
64. Adherence to the fiction of the separate existence of the Defendant corporations and of the Sea Org. would permit an abuse of corporate privilege and would promote injustice in that, via the unified control, the assets of the corporate Defendants and Sea Org. can be transferred at will and, thus, concealed from corporate debts, liabilities, government obligations and taxes and other obligations. Adherence to the fiction of the separate existence of the Defendant corporations and the Sea Org. would also be inequitable because the Managing Agents and/or subdivisions of the Scientology enterprise can transfer personnel and control of documents from one entity to another, thus allowing the Defendants to avoid legitimate discovery and thereby to effect the continuing abuse of process, and obstruction of justice, manipulation of the judicial system and improper manipulation of the political system and the government, including but not limited to numerous officials within the Clinton Administration, the President of the United States and his National Security Advisor Sandy Berger. Defendants have also subverted various and sundry, other government officials to the furtherance of their unlawful, criminal fraudulent activities, and subversive totalitarian objectives. Defendants' attempted subversion of the United States Presidency has been such that both the President of the United States and the ecclesiastic leader of the Church of Scientology retain attorney's from the Washington, D.C. criminal defense firm of Williams & Connally, thus permitting communications from Defendants, and any of them, to the President of the United States and the ecclesiastical head of the Scientology enterprise to be cloaked with claims of attorney- client privilege, through their respective attorneys being in the same law firm and conducting business as the criminal defense law firm of Williams & Connally.
65. In addition, Defendants have engaged in the furtherance of their criminal and fraudulent conspiracy to establish their totalitarian anti-democratic beliefs upon all persons within the world by recruiting and subverting the new Prime Minister of Russia, attempting to take over other governments such as those of Rhodesia and certain Mediterranean Islands, and otherwise infiltrating every potential "terminal" capable of being used to further the anti-democratic, anti-social, criminal and fraudulent beliefs and activities of Defendants and all those associated with, or assisting them, such as celebrity members Tom Cruise and Nicole Kidman.
66. At all relevant times mentioned herein, each of the Defendants was the co-conspirator, "senior," "junior," partner, agent or employee of the other acting within the course and scope of that agency, employment or conspiracy and did the acts herein, or participated in some way in the acts alleged herein, pursuant to said relationship. Specifically, all named Defendants are the agents, partners, joint venturers and/or conspirators of each other Defendant and they should all be liable for the acts of the others.
67. Alternatively, at all times herein mentioned, each of the Defendants and/or their predecessors, affiliates, subsidiaries and related entities, and each of the Doe Defendants, was the agent, servant, employee, fellow member, associate and/or joint venturer or conspirator of each of the other remaining Defendants and was at all times acting within the purpose and scope of said agency, employment or joint venture, and acting with the express and/or implied knowledge or consent of the remaining Defendants, and each of them. The acts of each Defendant were approved and/or ratified by each other Defendant and, together, constitute a single course of conduct.
68. The Managing Agents of Scientology are currently David Miscavige, Marty Rathbun and Norman Starkey, who operate through divisions known as Defendants Sea Org., the "Watchdog Committee," and an elite organization of aides known as the "Commodore's Messengers ("CMO"). Before his death in 1986, L. Ron Hubbard was also one of the Managing Agents and, at various times, so also have Defendants Pat Broeker, Mary Sue Hubbard and Vicki Aznaran been Managing Agents of the Scientology enterprise.
69. Each of the individual, corporate and other entity Defendants, and Does 1 through 500, are or have been principal officers or controllers, or both, of all of Defendant corporations listed herein. There exists a unity of interest in ownership between the individual Defendants listed above and the corporate Defendants listed above. Any individuality and separateness between the individual Defendants and the corporate Defendants has ceased. The individual Defendants are alter-egos of the corporate Defendants and vice-versa, and the corporate Defendants are mere shells, instrumentalities and conduits through which the individual Defendants have transacted business with the Plaintiff through such an extent that the corporate entities do not exist. Adherence to the fiction of the existence of the corporate Defendants as entities distinct from the individual Defendants would work a fraud or promote injustice, or both.
70. The acts and conducts of Defendants, and each of them, as hereinafter set forth, are continuing and are part of a civil massive international conspiracy originated, agreed to, orchestrated and accomplished by Defendants, and each of them, to carry out the events and circumstances as herein alleged with a total disregard for the constitutional, civil, human and contractual rights of Plaintiff, to damage Plaintiff, and to cheat Plaintiff out of his money, property, services and information.
71. The acts complained of herein were variously authorized by L. Ron Hubbard, Pat Broeker, Miscavige, and the other Defendants, prior to their occurrence or ratified after the fact by their representatives and/or the Defendants, and each of them, named herein.
72. The individual Defendants named herein have been variously subordinates or "juniors" of L. Ron Hubbard, Pat Broeker and Miscavige and have assisted each of them, and others, in wrongfully controlling Church of Scientology assets, consisting of moneys contributed by Plaintiff, through various corporations such the corporate and associational Defendants herein.
73. The corporations named herein were formed, among other things, for the purpose of creating a corporate maze through which those in control of Scientology could and did channel church monies, and Plaintiff's monies, through individuals and entities such as Defendant Religious Research Foundation, into L. Ron Hubbard's personal accounts, and the accounts of others, and for the purpose of divesting the Church of Scientology of California, and other entities, of their assets as part of a criminal and fraudulent conspiracy directed at the Plaintiff, other members of the Church of Scientology, judgment creditors of various of the Churches of Scientology, (such as judgment creditor Lawrence D. Wollersheim - Lawrence Wollersheim LASC Case No. C132027, the United States Government, other world governments, and their citizens generally.
THE PATTERN, INTER ALIA, OF RACKETEERING
74. Plaintiff is informed and believes and based thereon alleges as follows: The Church of Scientology was founded by L. Ron Hubbard ("Hubbard or LRH") in or about 1952 and after reportedly saying "I want to form a religion, that's where the real money is, between 1952 and January 1986, the Church of Scientology grew into many different corporations worldwide, all of which were totally dominated and controlled by L. Ron Hubbard and Defendant Pat Broeker, during said period and are now dominated and controlled by Miscavige; Hubbard exercised complete dominion over said Scientology corporations by requiring the officers and directors of each corporation to sign a written resignation in advance of their assuming the position, and Hubbard held said resignations, removing officers and directors of the various corporations at will throughout the period from early 1952 until January 1986; Hubbard has been held to be the "alter ego" of the Church of Scientology in the case of Church of Scientology v. Armstrong, Los Angeles Superior Court No. C420 153; Miscavige has been held to be the successor "alter ego" of the Church of Scientology in the case of California v. Wollersheim v. Church of Scientology, LASC Case No. C332027.
75. All of the Defendants herein named are part of the Scientology enterprise, which is in the business of promulgating and selling the system of practices and beliefs espoused by L. Ron Hubbard and the Church of Scientology. Scientology is a pseudo-scientific system which claims to be a study of the human mind and society. It is also promoted as a religious system that is marketed through a series of expensive courses and counseling sessions called "auditing". Numerous claims for the "curative" effects of Dianetics and Scientology were made by the founder of Scientology and science- fiction writer, L. Ron Hubbard, and have continued to be made by the Defendants who promote that system and exploit Hubbard's "technology." These claims include the promise that Scientology will improve one's IQ, will cure a person of his/her physical ailments (Hubbard claimed to have cured himself from blindness and war-time gunshot wounds to the back), will ensure one's physical health and well-being, will improve one's business and personal relationships, making it possible to achieve anything one wants to achieve and, among other things, will cure persons of their homosexuality, which -- if incurred -- justifies Defendants in exterminating that homosexual or other 1.1, such persons also being 1.1's on Hubbard's tone scale, yet as forth in The Science of Survival and, as such beings are described in The Science of Survival, being the most dangerously insane people in society, and likely to cause the most damage and who should not have any civil rights of any kind, and who should be quarantined and exterminated, along with 2-1/2% of the rest of the world's "population," when scientology "clears the planet" and achieves world-wide domination and control of all politicians, governments, business entities and individuals as set forth herein.
76. The business of Scientology, and the RICO enterprise of Scientology as alleged herein, and of the Defendants herein, whether for profit or nominally not for profit, is the marketing and selling of Dianetics, Scientology: A World Religion Emerges In The Space Age; Science of Survival; The Second Dynamic; and other books, tapes and services associated with Hubbard and the Scientology enterprise; profiting from such sales; promoting the personality of Hubbard and his successors such as Miscavige; and marketing the extraordinarily expensive and never-ending Scientology courses and counseling sessions by using fraudulent guarantees of improved intelligence, health and well being. Through these counseling sessions, personal secrets are divulged in a confessional fashion, and mind control techniques, coercive manipulation and coercive indoctrination techniques, hypnotic techniques and brain-washing techniques, including those Hubbard refers to in his "Manual on Brain- Washing," are utilized, which entrap people, and specifically entrapped the Plaintiff herein, into spending even more money on more and never ending expensive courses, auditing and materials, all delivered according to Scientology's Doctrine of Exchanges which inter alia, provides that the "fixed donation" of "money" must be exchanged before one can ever learn any of the so-called truths or tenants of Scientology as allegedly "discovered" by L. Ron Hubbard.
77. The recruiters for the Scientology enterprise, and for the Defendants named herein, used methods of mind control, coercion and deception upon Plaintiff. Hubbard once declared that Scientology operates and achieves its objectives via brainwashing. This declaration is part of "Scientology scripture," in which Hubbard stated in Hubbard Technical Bulletin (July 22, 1965): "We know more about psychiatry than psychiatrists. We can brain-wash faster than the Russians."
78. The designation of any Scientology entity, including Defendants herein, as a church and/or non-profit entity is a fraudulent sham. It is designed to exploit the protection of the First Amendment, to obtain tax exemptions and to prevent the regulation of Scientology "counselors" or "counseling techniques" by state regulatory agencies. The religious claims also served Defendants' public relations ("PR") purposes. Hubbard and his successors, including the Defendants herein, have profited and benefited from the income, perks and power of Scientology and the labor contributions of Plaintiff herein, thereto. The Scientology enterprise sells written materials and purported psychological counseling, Scientology services and Scientology auditing at a huge profit and to its unjust enrichment at the expense of Plaintiff. Accordingly, whenever the reference to Scientology as a religion and its entities as "churches" is made herein, it should not be construed as Plaintiff's acquiescence in those designations, but is rather used on occasion to aid in the clarification of the different entities involved in the fraud perpetrated by the Defendants herein, on behalf of the Scientology enterprise, upon the Plaintiff.
79. Plaintiff is informed and believes and based thereon alleges as follows: L. Ron Hubbard also exercised complete dominion and control over all Scientology corporations through an organization called the "Guardian's Office," which organization was headed by Hubbard's wife, Mary Sue Hubbard, and which organization between 1966 and early 1981, constituted the management organization, totally controlling all Church of Scientology funds and property; and that between the later part of 1979 and mid-1980, the eleven highest officials of the Guardian's Office, including Mary Sue Hubbard and Jane Kember, but not the unindicted conspirator Kendrick L. Moxon, Esq. of the Washington D.C. and California State Bars, were convicted of a variety of seditious and other crimes by the United States Government, which resulted in the incarceration of said individuals and a vacuum was created in the management and leadership of the Church.
80. Plaintiff is informed and believes and based thereon alleges as follows: On or about March 1980, L. Ron Hubbard left the premises of the Church of Scientology in Hemet, California, and vanished; at the time Hubbard disappeared, there were pending Grand Juries in New York and elsewhere investigating alleged criminal activities by L. Ron Hubbard, Mary Sue Hubbard and the Guardian's Office. L. Ron Hubbard had previously been convicted of criminal fraud in France; also in early 1980, numerous and various individuals commenced lawsuits against L. Ron Hubbard and the Church of Scientology, alleging a variety of torts committed against them.
81. Plaintiff is informed and believes and based thereon alleges as follows: As a result of the conviction and incarceration of the eleven highest members of the Church of Scientology, including Defendants MSH and Kember, and the disappearance of L. Ron Hubbard into hiding, between approximately early 1981 and until Hubbard's death, allegedly on January 26, 1986, there was continuous conflict and dispute over the management and control of monies and property of the Church of Scientology. Plaintiff alleges that the Defendants are currently controlling bank accounts, property and exercising dominion and control over various assets, which include monies contributed by Plaintiff and the product of his labor as alleged throughout herein, without possessing the requisite corporate authority to do so, in violation of the charters of the various corporations, and in violation of applicable state, federal and other national law. Defendants acquired and have maintained control of said assets, by fraudulent acts and by criminal acts as hereinafter set forth.
82. Plaintiff is informed and believes and based thereon alleges as follows: In approximately March 1980, upon the disappearance of L. Ron Hubbard, the assets and property of the Church of Scientology were not under the control of any Scientology corporation or its officers or directors. Although each Scientology corporation had a charter, a Board of Directors and officers, said charter, Board of Directors, and officers had no actual authority or control of any nature or description. In 1966, when Hubbard "purportedly" resigned his position as "Executive Director International" of all Churches of Scientology throughout the world, which was then the highest executive management post, he simultaneously created the "Guardian's Office," now OSA, as Department 20 on the Scientology Org. Board, and designated his wife, Mary Sue Hubbard, as "controller" of all Scientology organizations throughout the world and over the Guardian's Office. Between 1966 and early 1981, L. Ron Hubbard, Mary Sue Hubbard, and the Guardian's Office exercised total control over all Church assets, bank accounts, property and trademarks including monies contributed by Plaintiff and the product of his labor.
83. Plaintiff is informed and believes and based thereon alleges as follows: Prior to 1973, and continuing to the present, both before and after the indictment and conviction of Mary Sue Hubbard and other high-level Scientology officials such as Jane Kember, David Miscavige, Pat Broeker, Anne Broeker, Norman Starkey, Vicky Aznaran, Terri Gamboa, Mark Fisher, Lyman Spurlock, gradually began to assume complete dominion and control over all Scientology assets and property throughout the world, although they received no corporate authority to do so. In early 1981, Hubbard, even though he held no official position in any Scientology corporation, allegedly authorized Miscavige to take control of Church assets to the detriment of his designated successor Pat Broeker and with the assistance of monies and labor contributed by Plaintiff. At the same time, Hubbard appointed William Franks as "Executive Director International" and ordered Franks to become a signatory on certain bank accounts in Luxembourg containing approximately $150 million dollars. Although Franks held the highest official management position in the Church of Scientology, he received his daily orders from Miscavige upon the representation that Hubbard was issuing daily dispatches contained orders which must be followed in the distribution of assets of the Church of Scientology. Franks himself was required to sign an undated letter of resignation as "Executive Director International."
84. Plaintiff is informed and believes and based thereon alleges as follows: Between June 1981 and December 1981, conflict developed between Miscavige and Franks over control of Church bank accounts. In November 1981, Miscavige had Franks physically locked up in a room for several weeks while Miscavige assumed control of all corporate bank accounts, and other assets. Throughout this period, Miscavige was represented by attorneys Sherman Lenske and John Peterson (now deceased) and Miscavige paid them millions of dollars in attorneys' fees in connection with their assistance in achieving this unauthorized and illegal takeover, all without the knowledge and consent of Plaintiff but, at least in part, with monies that where the product of Plaintiff's financial contributions and labor.
85. Plaintiff is informed and believes and based thereon alleges as follows: In early 1982, Sherman D. Lenske, Esq., on behalf of Miscavige, Spurlock, Starkey and several others, incorporated ASI which became the corporate entity controlling Church of Scientology bank accounts and assets in violation of applicable law, rules and regulations, and the representations of certain Defendants. In fact, the officers and directors of ASI, which included Miscavige, Starkey and Spurlock, possessed no authority from any Church of Scientology corporation to control its bank accounts and property.
86. Plaintiff is informed and believes and based thereon alleges as follows: At the same time as the incorporation of ASI, Sherman D. Lenske, Esq. on behalf of Miscavige, incorporated Religious Technology Center ("RTC") and Church of Spiritual Technology ("CST"). Between January 1982 and June 1982, Lenske represented ASI, RTC, CST, L. Ron Hubbard and various Scientology corporations in the fraudulent transfer of monies, property and assets from various Scientology corporations to L. Ron Hubbard personally. Lenske also prepared wills and an inter vivos trusts on behalf of Hubbard, which were witnessed by Pat Broeker and Anne Broeker. RTC became the trustee of said Trust(s). The assets of various Scientology corporations, which were taken over by ASI in 1982, included bank accounts, personal property, real property and current income of the various corporations and property which lawfully belonged to MSH and the children of LRH, but which Miscavige procured with use of monies and labor fraudulently obtained from Plaintiff. The Charters of these corporations were violated in the take-over by ASI. The Charters of each corporation provided that the corporate affairs were to be regulated and managed by the Board of Directors of said corporations when, in fact, the various Boards of Directors of each Scientology corporation were illegally controlled by ASI, Miscavige, Broeker and Hubbard.
87. In or about October of 1982, Defendants and each of them, conspired to grab millions of dollars from lower level Scientology missions or franchises and persons including the Plaintiff. This was done by requiring the franchise holders to attend a meeting in Clearwater, Florida where they were intimidated and overwhelmed, and utilizing the monies, forced donations and labor of Plaintiff in the process.
88. Plaintiff is informed and believes and based thereon alleges as follows: On or about October 17, 1982, after establishing ASI, CST and RTC, and obtaining control over all corporate bank accounts throughout the world, and using monies and labor contributed by Plaintiff, and procure through the fraud of Defendants, Miscavige held a meeting of approximately 400 franchise holders operating Scientology corporations in San Francisco, California at which he appeared dressed in full dress naval uniform, as did other of the Defendants. At said meeting, Miscavige informed the various franchise holders of the fact that he and the RTC had taken over all Scientology organizations. Miscavige stated as follows:
"All the Scientology/Dianetics trademarks were previously owned by L. Ron Hubbard. L. Ron Hubbard has donated the vast majority of those to a corporation which some of you have probably never heard of, by the name of Religious Technology Center."
89. Miscavige further stated that every franchise holder would be required to sign a new agreement with RTC and that if they did not do so, they would be "fined or thrown into jail." Individuals who objected to the RTC and ASI take-over of the assets were literally locked into rooms and interrogated with a crude lie detector and either forced to sign the new agreements or removed from their positions. For example, certain persons expressed disapproval and an unwillingness to take part in the conspiracy and they were summarily ordered to the RPF "Running Program" in, among other places, the State of California's high desert, for 120 days - all with the benefit and use of Plaintiff's monies and labor. This was a forced program which involved the victim running around an orange telephone pole in the middle of the desert. For example, Defendant Vicki Aznaran was forced to literally run from 7:00 a.m. until 9:30 p.m. daily. Vicki Aznaran and other victims were allowed 30 minutes for lunch and dinner and contend under armed guard thereafter.
90. Plaintiff is informed and believes and based thereon alleges as follows: Between March 1982 and November 1982, Hubbard, Pat Broeker, Miscavige, Spurlock and others through ASI illegally transferred over 30 million dollars of funds belonging to the Church of Scientology, and in part contributed by Plaintiff's monies and labor, to bank accounts of ASI and Hubbard in Liechtenstein and Luxembourg. These funds were transferred based on overly false or exaggerated billings by ASI to the Church of Scientology.
91. Plaintiff is informed and believes and based thereon alleges as follows: Between November 1982 and the present, the Church of Scientology has paid millions of dollars, in part comprised of Plaintiff's monies and labor, in attorneys' fees to various lawyers, who were instructed to engage in criminal, fraudulent and unethical conduct, at the expense of Plaintiff's monetary and labor contributions to Defendants, without the requisite authority of the officers and directors of the Church of Scientology corporations. These attorneys' fees, and investigator's fees have been used as a money-laundering scheme to pay private investigators and other costs in connection with a scheme to harass and destroy all opposition to the Defendants as set forth below.
92. Plaintiff is informed and believes and based thereon alleges as follows: Between January 1982 and the present, Miscavige and ASI, and certain others of the allegedly conspiring Defendants herein, have illegally expended the following sums for unlawful purposes.
a. In April 1982, Miscavige ordered the payment of $250,000.00, from funds unknowingly and/or unwittingly contributed to by Plaintiff's monies and labor, to "set up": and frame United States District Judge Ben Krentzman in a scheme to compromise him with drugs and prostitutes.
b. In April-June 1982, Miscavige and ASI ordered the payment of thousands of dollars from funds unknowingly and/or unwittingly contributed to by Plaintiff's monies and labor, to Attorney Dan Warren in Daytona, Florida to "pay off" State Circuit Judge James Durden who was then sitting as Justice on a Scientology case.
c. In March 1983, Miscavige, Lenske, Peterson and ASI ordered the payment of in excess of one million dollars to "set up" and frame Attorney Michael Flynn of Boston, Massachusetts, in an alleged attempt to forge a two-million dollar check of L. Ron Hubbard. To date, millions of dollars, from funds unknowingly and/or unwittingly contributed to by Plaintiff's monies and labor, have been paid to John Peterson and Eugene Ingram, a private investigator, to perpetrate the above described illegal scheme.
93. Plaintiff is informed and believes and based thereon alleges as follows: Between 1972 and 1982, from funds unknowingly and/or unwittingly contributed to by Plaintiff's monies and labor, Defendants conspired together to defraud the Church of Scientology of in excess of 100 million dollars. This conspiracy was accomplished by the following overt acts:
a. L. Ron Hubbard and Mary Sue Hubbard created a Liberian Corporation called Religious Research Foundation (RRF) with numbered bank accounts in Liechtenstein and to which, and for which, Defendants' extorted monies from Plaintiff. These bank accounts and RRF were dominated and controlled by L. Ron Hubbard.
b. Between 1972 and 1982 in excess of 100 million dollars belonging to the Church of Scientology was illegally and secretly diverted into the RRF bank accounts, including monies contributed by Plaintiff, by L. Ron Hubbard for his personal use and under his control.
c. RRF provided no goods or services, to Plaintiff, and had no legitimate corporate existence other than being a depository of funds illegally obtained and fraudulently controlled by Hubbard.
d. Between 1980 and 1984 false and fraudulent back-dated invoices were created to transfer RRF funds directly into L. Ron Hubbard's bank accounts and to the financial detriment of Plaintiff. Plaintiffs do not know the amount of money diverted totally to Hubbard's bank accounts but believe it to be in excess of 30 million dollars.
e. The aforesaid funds illegally diverted were then with in the estate of L. Ron Hubbard, where they were in the possession, custody and control of Norman Starkey. The current whereabouts of the aforesaid funds is unknown to Plaintiff but believed to be known to Miscavige, Starkey, Spurlock, Rathbun, Moxon and the other Defendants herein.
94. For many years, Scientology has been embroiled in litigation. One of its written policies is to use litigation to harass and wear down perceived enemies and would-be competitors. According to Scientology dogma and religious scripture, the purpose of a lawsuit is to harass, not win on the merits. Another Scientology directive is to always attack, never defend. Such litigation is intended to harass and intimidate witnesses and to obstruct justice and is funded by illegally and fraudulently obtained funds from Plaintiff among others.
95. Initially, Plaintiff was told that Scientology was a peaceful, law abiding organization church that co-existed with other faiths the adherence of which could concurrently practice Scientology and their other faiths without inconsistency, prejudice or detriment in any manner. Subsequently, Plaintiff learned that these claims were untrue. As Plaintiff became more involved with Scientology entities he was further indoctrinated into claims and practices of Scientology. This was part of a scheme to exert control over Plaintiff.
96. Whilst on staff at the Scientology organization in Paris, France ("The Paris Org."), Defendants would frequently order Plaintiff to work into the late night or early morning, and for extended periods of time, without proper and adequate sleep and proper nourishment. The resulting combination of fatigue, stress and reliance upon Scientology as his only perceived support group made Plaintiff increasingly susceptible to coercive indoctrination and influence.
97. Whilst on staff at the Paris Org, and while still naive as to the motives and methods of the Defendant entities, and during periods of fatigue, Plaintiff was offered "free" auditing or counseling. In Scientology, this process involves being questioned while a device called an "E-Meter" measures galvanic skin response. Before engaging in this activity, Plaintiff was assured that this entire process was strictly confidential and that any items he disclosed in the process would not be used against him or be otherwise disclosed. During the course of his association with Defendants, Plaintiff had occasion to discover that contrary to these promises, Defendants would routinely search auditing files to find information which could be used to "push buttons" or extort parishioners and/or staff who the church hierarchy viewed as "getting out of line", "off lines" or no longer wishing to take part in Defendants' conspiracies and criminal/fraudulent/tortious/unlawful/ seditious and otherwise unethical conduct.
98. Based upon representations and assurances of absolute secrecy, Plaintiff engaged in various sessions on the E-Meter. During these sessions Plaintiff revealed private thoughts, secrets, concerns and embarrassing information to the Defendants. The purported purpose was to improve Plaintiff's mental outlook and functioning. In fact, Defendants had ulterior motives, such as obtaining highly confidential or personal information that might be later used, and was so-used, against Plaintiff.
99. At times herein material, express and various threats were made by various of Defendants' agents and representatives, including threats by telephone, wherein it was made known to Plaintiff that if he rebelled against the control asserted over them and their business by Defendants, he would run the risk that agents of various Defendants herein would orchestrate the exposure of the confidential and embarrassing information that Defendants had amassed upon the Plaintiff.
100. From the period in or about the Fall of 1973 until the time of filing this Complaint, and as acknowledged Defendants in a May 2, 1998 communication to Plaintiff as an "O.T. Ambassador", Plaintiff was a member of the Church of Scientology (hereinafter "Church"). Plaintiff was indoctrinated into the Church in Paris, France. Active recruitment techniques involved written examinations and assignment to communication courses for which Plaintiff paid good and adequate consideration.
101. In or about 1977, Scientology entered into a renewable written Employment Agreement with Defendant whereby Plaintiff would be paid an unspecified "allowance," bonus, and room and board in exchange for an unspecified number of hours to be worked each day and week for Defendants. As a matter of policy, Plaintiff later learned that his allowance amounted to approximately $30.00 per week and that working hours were 9:00 a.m. to 12:00 midnight, daily, with one day's leave every two weeks. Even "privileges" such as the day off ("liberty") were subject to being removed ("libs cancelled") by Defendants as they saw fit.
102. From the outset, and during the course of his quarter century involvement with the so-called and fraudulently called Church of Scientology, Defendants subjected Plaintiff to psychological trauma, duress and undue influence for the purposes of forcing submission of Plaintiff to the control of Defendants by means of intimidation and threats. The purpose of forcing submission of Plaintiff and other individuals to the control of Defendants was to create a slave-like work force, of Sea Org. members, Scientology staffers, celebrity members (including but not limited to Defendant Travolta, Thomas Manother IV aka Tom Cruise, Nicole Kidman, Isaac Hayes, Kathy Preston- Travolta, Maxine Nightingale, and others such as Lisa Marie Presley and singer Michael Jackson) and other public members, that would work to the wealth and benefit of Defendants and at the expense, detriment and damage of Plaintiff. Once Plaintiff was placed under the coercive manipulative domination of Defendants, Plaintiff was exploited for very low pay, and between 1977 and 1978, worked as an unlawfully and inadequately compensated employee of Defendants and continuously was subjected to physical and psychological trauma, coercive indoctrination and mental and physical exhaustion. In addition, and as a celebrity and public member of the so-called Church of Scientology from 1973 to 1975, and from 1978 to June 1997, Plaintiff was subjected to physical and psychological trauma, coercive indoctrination, intimidation, harassment, extortion and exhaustion.
103. For the duration of his affiliation with Defendants, Defendants, and each of them, employed inter alia the following psychological devices, as well as using other devices, to cause Plaintiff to involuntarily abandon his former identity and former loyalties, and to deprive Plaintiff of his independent free will, thereby forced him to submit to the physical and psychological control of Defendants, such as: threats of torture; implementation of brainwashing tactics, hypnosis, threats of physical harm for lack of loyalty to Defendants; implementation of an electronic device dubbed the "E-Meter" that purportedly measured the degree of Plaintiff's loyalty to Defendants through electrodes held in his hands during the course of lengthy coercive and Nazi and Communist-like interrogations, as described with more particularity herein; forcibly causing Plaintiff to work long hours at hard labor in excess of 40 hours a week and eight hours a day without proper or lawful compensation whilst he was on staff at the Paris Org.; deliberately inducing fatigue by physical abuse and deprivation of sleep; deliberately confining Plaintiff to premises under the control of Defendants and under threat of physical harm without allowing Plaintiff to leave of his own free will; and even after coming to Plaintiff's home on free days to bring him to Paris Org. to work more and more; and threatening Plaintiff that failure to submit to the power and control of Defendants would result in his becoming "Fair Game", a term coined by Defendants and described more clearly herein.
104. During the course of his affiliation with Defendants, Plaintiff was, on many occasions, subjected to scrutiny regarding his loyalty to Defendants by being placed on the E-Meter. The E-Meter is an electronic device used by Defendants measures the emotional responses of persons, such as Plaintiff, through electrodes held in the hands. Plaintiff has regularly been interrogated for many hours, regarding his loyalty or lack thereof to Defendants. The E-Meter was comprised of a needle that could indicate levels of credibility and loyalty of the interrogated party.
105. Defendants, and each of them, have a known policy of "Fair Game" despite their claims to the contrary. This policy directs that any individual or employee who expresses a lack of loyalty to Defendants is open to any form of harassment, economic ruin, or subject to any covert plan designed to cause economic ruin, or subject to any covert plan designed to cause emotional or physical harm and/or financial ruin. This plan includes the destruction of a person's business, reputation, and/or framing of false charges of criminal acts. Throughout Plaintiff's affiliation with Defendants, he was constantly psychologically tormented with threats of becoming "Fair Game" within the context of the specialized meaning given the term by Defendants. At certain times during the course of his affiliation with Defendants, Plaintiff was subjected to "Fair Game" and ruined financially and vocationally, at the hands of, and for the benefit and unjust enrichment of, Defendants. Plaintiff knows of other occasions of Fair Game being applied to various other people that Defendants viewed as potentially threatening their unlawful and fraudulent as more fully described herein. Amongst these were Federal and State Judges and other officers of the court and professors and doctors who have made a study of Defendants' brainwashing techniques, all of which encompass other criminal activities, which were contrary to the national security interests, of these United States, but, which were consistent with Defendants' anti-democratic objectives and activities. Wires were used extensively in their Fair Game threats and attempts against Plaintiff as were the U.S. Mail services.
106. In or about April 1975, Plaintiff became a staff member at the Scientology Org. in Paris, France. During his tenure as a dedicated Scientology staff member in Paris, he worked from 9:00 a.m. to approximately 11:30 p.m. seven days a week for months at a time for pay that was at or below the poverty level. Because Defendants regarded Plaintiff's departure from the staff of the Paris Org. to be a breach of his commitment to Defendants, Defendants submitted Plaintiff with a "freeloader bill" in the amount of $30,000.00. Such monies allegedly represented the dollar value of the "indoctrination procedures" Plaintiff had received from the Church while being on staff at the Paris Org. That is, Defendants, charged Plaintiff for each "session" in which the E-meter had been used "all indoctrination sessions and other "services" received whilst he was engaged in virtual slave labor for the Scientology organization at the Paris Org. At that time, Plaintiff did not know that Scientology was a ruthless organization which would not, and could not, be constrained by criminal or civil law. However, Plaintiff did know that Scientology organizations had a pattern and practice under which they would attempt to destroy Plaintiff's ability to earn a livelihood through the use of litigation, harassment, invasion of privacy and other practices that can loosely be described as Scientology's practice of fair game. Plaintiff understood that the consequences of failing to pay the "freeloader bill" was a certainty of "fair game" and/or disconnection from friends. The indoctrination techniques, charged for by way of the "freeloader bill" were dubbed "courses" and "auditing sessions" by Defendants. These are the same monies which the Church refers to as "fixed donations" when dealing with public persons such as Plaintiff. The "freeloader bill" was nothing less than extortion, coupled with the threat of Plaintiff becoming "fair game." As a result of the psychological trauma and indoctrination techniques implied by Defendants, and each of them, Plaintiff was unable at that time, and at all times thereafter until very recently, to comprehend his legal rights with regard to the actions of Defendants and was not sufficiently conscious of the nature and effects of the acts of Defendants, and each of them, so as to be able to take legal action or hire an attorney to defend himself against Defendants' continuing demands and conduct until May 1998, at which time, he resolved to seek legal assistance of his counsel herein.
107. When Plaintiff refused some of the demands made by Defendants, his business was viciously ruined and destroyed, on more than one occasion. Such activities were carried out by the use of the phone wires and the activities of Defendants such as Travolta. At times herein material, Defendants through their various agents and operatives, have largely destroyed Plaintiff's businesses, interfered with his prospective economic advantage and destroyed his finances generally.
108. Defendants have improperly sought and have obtained business and financial information from Plaintiff, business associates and others by fraudulent means and through the use of the wires and mails.
109. The claim made by certain of the Defendants, including, but not limited to Defendants RTC, CSI, CSC and CST, that they are non-profit religious entities is, in part, a cover used for public relations purposes. Also, Defendant's claims to be a religious organization are made to exploit the protection available under the First Amendment of the United States Constitution. In places such as Israel, where there is a state religion, and in parts of Latin America, such as Mexico, and elsewhere in the world, where there are prohibitions against ownership of property by religious organizations, Defendants claim to be a philosophical rather than a religious organization contrary to representations made to executive branches of the United States Government.
110. Under the guise of being a peaceful and benevolent religious organization, Defendants are ruthless in their efforts to suppress unfavorable information concerning Scientology and Scientologists from both Scientologists and non-Scientologists alike. Efforts to-suppress the truth include the use of criminal and fraudulent acts, and the deliberate abuse of the legal system, which is part of the pattern of racketeering activity complained of herein.
111. Scientology organizations, including but not limited to the various corporate Defendants named herein, have utilized the United States mails and wires to market goods and services through false or fraudulent representations, including but not limited to the following:
a. That L. Ron Hubbard is falsely portrayed as the sole source or author of Defendants writings and teachings;
b. That L. Ron Hubbard was an engineer and nuclear physicist with degrees from certain universities;
c. That Scientology was revealed to mankind by L. Ron Hubbard as a service to humanity with no intent to profit therefrom;
d. That Defendants will scientifically provide an array of benefits, including a higher I.Q., a cure for neuroses, criminality, poor eyesight, insanity, psychosomatic ills, homosexuality and drug dependence;
e. That Defendants' goods and services are offered on a satisfaction or money-back basis;
f. That Defendants is scientifically guaranteed to cure asthma, arthritis, rheumatism, ulcers, toothaches, pneumonia, colds and color blindness;
g. That courses offered by Scientology can be applied by an accredited college toward a college degree.
112. As part of a pattern of racketeering activity, and the fraudulent activity directed at Plaintiff, among others, Defendants have fraudulently procured, improperly procured and misused copyrighted registrations, trademarks and service marks. In some instances, abandoned and unenforceable trademarks or service marks, were given the color of right by fraudulent or false submissions made by Defendants to the United States Patent and Trademark Office. Defendants have additionally procured and misused copyrights fraudulently by use of the mails, by submitting false statements to the United States Copyright Office, including but not limited to the assignment of the Trademarks from Hubbard to RTC via Miscavige and other of the Defendants named herein.
113. Beginning in at least 1972, and continuing through the present, Defendants have misused the fraudulently-procured trademark registrations and copyrights and so-called religious trade secrets, to extort large sums of money from Plaintiff.
114. Defendants have used and continue to use, and "misuse," the fraudulently-obtained copyrights to consolidate their position of power and to eliminate competition in interstate commerce. Defendants have used threats of violence to extort money under the color of right conferred by alleged ownership of the copyrights, which they claimed should be tax-free.
115. Revenue generated by Defendants' false representations is utilized to pay for the advertising of products, including books, which are published and distributed by Defendants ASI and BPI, once conceded for-profit corporations, and now used to further the fraudulent conduct directed at Plaintiff and the peoples of the United States generally.
116. Revenue generated by Defendants' pattern of racketeering, using monies and labor obtained from Plaintiff, is generally not declared as taxable income, is also used to finance operatives, investigators and lawyers who implement Defendants' policy of using litigation and investigation to harass, defame, intimidate and destroy. These funds, generated by a pattern of racketeering, are also used in an attempt to bring undue influence upon public officials, including presidents, cabinet members, ambassadors, judges and law enforcement personnel, thereby corrupting or attempting to corrupt the judicial, political, executive and legislative processes to the detriment and prejudice of Plaintiff.
117. Revenue generated by Defendants' pattern of racketeering, which is generally not declared as taxable income, is further used to acquire interest in legitimate businesses, real property, which in turn are used to further the illegal pattern of racketeering activities complained of herein. Further, Defendants' illegally derived funds from these investments are used for purposes of depriving various persons, including Defendants' perceived enemies, of their property and peace of mind.
118. For example, and by way of example only, although still part of the Racketeering activity alleged herein, in or about late 1986, then Boston and now California attorney Michael Flynn unethically and illegally agreed to settle the litigation then pending between numerous of his clients and Scientology. The terms of the settlement unethically required Flynn, now practicing law in California, and his then co-counsel, to forever discontinue any litigation against Scientology. The agreements purport to require that those involved surrender all Scientology documents, not speak about their experiences with Defendants, not voluntarily provide testimony against Scientology, and not make themselves amenable to service of subpoenas so that other litigants might obtain their testimony by lawful process. Moreover, not only did attorney Michael Flynn unethically agree to never engage in Scientology-related litigation again, at the insistence and demand of certain of the Defendants herein. Additionally, numerous adverse witnesses, received financial compensation from Defendants in order to obtain their silence and general unavailability in any Defendant related litigation.
119. Defendants settlement agreements are part of a pattern and practice of obstructing justice and removing evidence and legal services from others, such as Plaintiff, who have been attacked or damaged by Defendants. Further, money used to fund such settlements comes from the pattern of racketeering activity underlying the settlements themselves and perpetuated by the removal of evidence and witnesses. The problem is exacerbated by certain additional facts, such as the circumstance that people within Defendants' enterprise will not come forward to give evidence potentially adverse to Defendants; especially given the secretive nature of Scientology, former Scientologists are generally the best source of truthful evidence on the acts and wrongs perpetrated by Defendants; and, the end result of binding insiders to a strict code of silence and silencing escapees with hush money and gag orders, is that Defendants are is able to perpetrate a continuing pattern of the illegal racketeering activity with moneys in part that were fraudulently obtained from Plaintiff and which is now directed at Plaintiff and the People of these United States generally via a conspiracy that entangles the new Prime Minister of Russia, the President of the United States, the Secretary of State of the United States, the United States Department of the Treasury, and the United States Special Trade Representative, the present and most recent past two Commissioners of the United State Internal Revenue Service.
120. Defendants do not play by the same set of rules as the societies in which they operate. This is not simply a question of arguably protected religious beliefs, but rather a matter of criminal and tortious conduct and practice being fraudulently and criminal concealed with the cloak of religiosity. In some circumstances, the activities and practices of Defendants conflict with the criminal and civil laws. In such situations, Defendants condone the breaking of law if done for the "greater good" of Scientology. This perverse code is consistent with some of the outrageous, illegal conduct alleged herein. Further, the Scientology system itself has certain controls that facilitate the use of the illegal activity and obstruction of justice with relatively little fear of having to pay the appropriate consequences in either civil or criminal courts. Two of these controls are the policy of treating enemies as "fair game" and the policy of severely punishing members who do not do as they are told or who express any doubt or disagreement with the orders and activities of Defendants.
121. At various times herein, the Defendants, as part of a conspiracy to obstruct justice or otherwise control and silence dissenters and opponents, practiced what came to be known as the "Fair Game" policy. Pursuant to this practice, an enemy of Scientology "may be deprived of property or injured by any means, by any Scientologist, without any discipline of a Scientologist. He may be tricked, sued or lied to, or destroyed." Despite public disavowal of the term "Fair Game" (for conceded public relations purposes), Scientology retains the policy itself in force and practice. Defendants, in concert with others, continue to engage in illegal, outrageous, oppressive, tortious and harassing activities against those whom they deem to be "enemies" of Scientology. One result of the ruthless and sometimes illegal acts engaged in by Scientology is that the enterprise is able to carry out its pattern of illegal, racketeering activity with the knowledge that only rarely will witnesses dare to come forward and testify against Scientology including representation of the government of the United States, Western Europe and Russia of such governments by certain if the Defendants named herein an those acting in concert with them.
122. Since in or about the early 1970s, Defendants have operated forced labor facilities in the California desert known alternately as the "Rehabilitation Project Force" (the "RPF"). Members of Scientology may be ordered incarcerated in the RPF for any perceived failure to demonstrate a "correct" attitude toward Defendants. Persons, including children, confined in this forced labor camp are required to perform long hours of rigorous, physical labor; are forced to subsist on a substandard diet; are deprived of sufficient sleep and are forced to undergo long hours of interrogation and "re- education." Some of the monies Defendants fraudulently obtained from Plaintiff have been used to fund these concentration camps, from where people have disappeared. All this was done by Defendants without Plaintiff's knowledge or consent. Defendant Scientology staff members who are suspected of serving as parties, witnesses or informants in litigation or anticipated litigation against Scientology are subject to incarceration in the RPF. This activity plays its role in obstructing justice and generating revenues for the racketeering enterprise. This is one method of coercion used to silence potential witnesses and obtain unquestioned obedience to orders, even though orders may involve such things as destroying subpoenaed documents or committing perjury. Defendants failed to disclose these matters to Plaintiff either when they recruited him or demanded financial contributions from him, which he would not have made had he known the true and undisclosed fact.
123. In or about 1981, Defendants initiated a plan to blackmail Judge Krentzman, a Florida federal judge then hearing a Scientology-related action. Thereafter, Dick Bast, a private investigator employed by Defendants, secured a yacht and attempted to lure the targeted judge on board in order to film him under compromising circumstances. The judge declined Bast's invitation and the operation was unsuccessful. In fact, Defendants' declared "war on judges" became the subject of a well known magazine article, in, among other places, the America Lawyer Magazine ("Scientology's War Against the Judges").
124. At times herein material, it has been the pattern and practice of Defendants to hide, destroy or alter unfavorable documents, resulting in, among other things, the obstruction of justice. One tactic used by certain of the Defendants herein, is to pass documentation or information among the numerous purported separate entities within Scientology, or the law firms working for Defendants, such as Paul Hastings et al., Arnold & Porter, Loeb & Loeb, Williams & Connally and others, including other Scientology organizations, and then deny that the responding corporation had care, custody or control of the documents in question. Documents hidden or destroyed include documents that under the laws of discovery should have been disclosed or produced in civil litigation. The failure to produce these documents is a violation of applicable international, federal and state law and any concurrent verifications were false and unlawful. This illegal activity is part of a racketeering pattern that promotes the abuse of process, the suppression of truth and the generation and retention of tax-free dollars derived from illegal activities that reach into the offices of the President of the United States, the Prime Minister of Russia.
125. Plaintiffs allege that in or about late 1979 and early 1980, Defendants initiated another document destruction program designed to eliminate all written documentary evidence concerning Hubbard's control over Scientology business affairs, finances and criminal activities. This operation was conducted, among other places, at Scientology's business locations in Gilman Hot Springs, California and Clearwater, Florida. A primary reason for this activity was to thwart any IRS investigations or prosecutions.
126. Between in or about 1969 and in or about 1987 (at least), Defendants were engaged in a vast criminal conspiracy against the United States Internal Revenue Service ("IRS"). In the 1970's, in the pursuit of this conspiracy, Defendants burglarized IRS and other U.S. Government offices, stole government documents and obstructed IRS agents who attempted to audit Defendants' records. In essence, Defendants engaged in what was described of the United States Department of Justice as the largest ever known infiltration of the United States government. In or about 1981, at least nine high-ranking Scientologists, including Defendants MSH and Jane Kember, were charged and convicted in criminal proceedings in connection with this conduct. Notwithstanding, Defendants' criminal conduct against the IRS continued, at the very least, through the end of 1993 when Defendant Miscavige declared that the "War against the IRS is over."
127. In or about 1984 and 1985, several staff members of Defendant ASI were ordered to locate and did locate and destroy written communications between Hubbard and ASI. The information was sought by the IRS as a part of its continuing investigation of Scientology's financial affairs and operating procedures.
128. In or about 1985, Defendants received information that the IRS planned to execute search warrants for Defendants' Los Angeles, California headquarters complex. In response, Defendants ordered the immediate destruction of computer-stored information, including documentation that tended to evidence Hubbard's and Miscavige's control over Defendants' business affairs and finances.
129. Defendants' destruction and tampering with evidence and witnesses goes beyond the hiding of documents and includes the use of violence and/or threats of violence on witnesses or potential witnesses. For example, in or about 1985, and with Plaintiffs' money, Defendants ordered groups of Defendant- organized vigilantes, called "The Minutemen," to physically attack certain perceived "enemies" of Defendants, including individuals who were cooperating with the U.S. government as prospective witnesses. One such vigilante was dispatched to physically attack former Scientologist Bent Corydon, author of a book entitled L. Ron Hubbard, Messiah or Madman? Other critics and government witnesses, such as David Mayo and John Nelson, have been subjected to harassment and/or other wrongful conduct.
130. At times herein material, Defendants embarked upon a campaign to suppress Mr. Corydon's book, Mr. John Ataks book ("A Piece Blue Sky - Scientology, Dianetics and L. Ron Hubbard Exposed) and those of others, or failing that, to launch fraudulent and malicious campaigns against them and others such as Jennifer and Paulette Cooper ("The Scandal of Scientology") that were calculated to financially damage these persons, and others, and make an example out of them. Scientology determined to do battle with these and other authors, including the abusive use of litigation, to assure that they would not profit from their work exposing Scientology and to deter others from engaging in criticizing or exposing Scientology in the media or published works. Defendants' Fair Game Policies and Practices in this regard involve the religious practices of putting the "heads of critics upon a pike".
131. At times herein material and continuing through to 1998, Defendants continued its campaign of harassing their critics, and those who are potential witnesses for Plaintiff and others. 132. The above-described acts demonstrate a pattern of illegal racketeering activity on the part of an enterprise referred to herein as Defendants. Plaintiff does not represent that the above-described acts are exhaustive. Plaintiff has reason to believe that Defendants have committed other predicate acts and that Defendants' pattern of racketeering activity has continued to date and will continue in the future.
DEFENDANTS' FURTHER FRAUDULENT AND
OTHER WRONGFUL CONDUCT DIRECTED AT PLAINTIFF
133. Beginning in or about the Fall of 1973, and continuing through to the present day as indicated by a May 2, 1998 Western Union Mailgram, Plaintiff became involved with one or more of the Scientology entities. At that time, Plaintiff began taking courses in auditing through the Scientology organization at Rue de Londres, Paris, France, where Scientologist staffer, Colett Byasson, used Hubbard's dissemination procedure on Plaintiff to "find his ruin," Defendants have consistently identified as his homosexual orientation, and to use that to induce Plaintiff to pay for Scientology services. The Scientology enterprise, through its agents, were expressly reassuring Plaintiff that Scientology was the total answer to all of Plaintiff's personal problems that were "ruining" his life, including his homosexuality which Plaintiff was having difficulty accepting, and through their representations and material non-disclosures, induced Plaintiff to utterly commit to the Scientology enterprise and the writings and teachings of Hubbard and his adherence as a real way out of his perceived suffering and a guaranteed "Bridge to Total Freedom" and resulting immortality. Contrary to these representations, Scientology and the writings and teachings of Hubbard and his adherence, Defendants did not solve the major personal "ruin" that Plaintiff had described to Defendants, or cure his homosexuality, notwithstanding 25 years of avid dedication, the expenditure of many hundreds of thousands of dollars, the participation in numerable hours of auditing, processing and training in exclusively Scientology techniques, the expenditure of skill and labor in the employ of the Scientology enterprise, and his eventual ascent to becoming one of the very few Scientologists who had undergone the entire course of training through to Operating Thetan Level Eight ("New OT8"). Although Defendants and their agents represented to Plaintiff that participating in, and paying for, their courses would enable him to attain "Total Freedom" he learned by late 1997 that the number of persons having attained "Total Freedom" from the years 1950 to 1997 was actually zero. Moreover, Defendants' misrepresented to Plaintiff that their scriptural training and auditing would permit him to "exteriorize" and thus enable him, whenever he wished, to leave his body, travel to wherever he wished and then return to his body.
134. From 1974 to 1975, Plaintiff continued to rely on Defendants' misrepresentations and participated in Scientology training courses, and underwent auditing, in Paris, France. Plaintiff made payments for such courses and auditing, at that time and at all times during his relationship with Defendants, in reliance upon the representations, and material non- disclosures, of various of the agents of the Defendants concerning the source of the purported beliefs, and the effectiveness of Scientology practices, as set forth hereinabove and hereinafter, and the representation that Plaintiff could have his money back if he became dissatisfied with Scientology training and/or auditing. Furthermore, at all relevant times between 1973 and June 1997, agents of the various Defendants represented to the Plaintiff the various purported physical and mental advantages to be obtained through following the practices of Scientology and, in particular, as to his continued good health and well being, and the "handling" of his homosexuality, as long as he continued in the courses of Scientology study and auditing in accordance with Defendants' representations. Based on those representations, and the material non-disclosures, described herein, and in the face of representations by various agents of the Defendants that he had no need of conventional therapy to, among other things, "handle" his homosexuality or "ruin," Plaintiff refrained from seeking such conventional therapy or counseling, or other conventional medical attention, while a member of Scientology and do physical, mental and financial detriment.
135. In 1975, Plaintiff went to the Scientology organization in Copenhagen, Denmark, where he underwent further Scientology training and indoctrination, and participated in more Scientology courses, before going to the then new Flag Land Base in Daytona Beach, Florida for training in Hubbard's techniques and teachings on a full-time basis through the Spring of 1977.
136. In the Spring of 1977, Plaintiff returned to the Scientology enterprise in Paris where he was engaged as a full-time staff member. During his employment as a Scientology staff member, Defendants subjected Plaintiff to coercive indoctrination, brainwashing, civil rights deprivations and labor law violations, as more fully set forth below. For example, while a dedicated Scientology staffer relying upon the fraudulent misrepresentations of Defendants as set forth herein, Plaintiff was forced to work from 9:00 a.m. to approximately 11:30 p.m., seven days a week from months at a time for "pay" that was at or below the poverty level and which, when he left, the staff of the Paris Scientology organization was a mere few francs per week. When Plaintiff ceased being a Scientology staffer at the Paris, France org., he was also required to repay his "freeloader debt" as more fully set forth below.
137. After leaving the Scientology staff in 1978, Plaintiff continued to reasonably rely upon Defendants' various fraudulent misrepresentations as a public Scientology celebrity member. Plaintiff decided to resume his artistic career full-time, but in order to be able to associate with, and sell his art to, his Scientology friends, he was required by Defendants to pay Defendants the full price of all his training and accommodations in Clearwater and Paris, as "freeloader debt" more fully referred to herein, despite his "donation" of time and energy to the Scientology enterprise for almost no pay. Accordingly, in order to comply with the "freeloader" policies of Hubbard, Plaintiff had to borrow the sum of $30,000 and pay it to the Scientology enterprise because, as a result of Scientology's coercive indoctrination techniques, he had no non- Scientology friends or clients, to whom he could turn to for alternate emotional support and business income.
138. After leaving the staff of the Scientology org. in Paris, Plaintiff continued his auditing and processing through the State of "Clear" and up to the "O.T. Levels" in Copenhagen, Denmark where he completed that so-called upper level, or Advanced Technology, claimed to be an unpublished copyrighted work and a trade secret, and known as OT4. Continuing to reasonably rely upon the misrepresentations, and material non-disclosures, of Defendants and their agents, and being increasingly subjected to their coercive indoctrination, hypnosis, brainwashing and other mind control techniques, Plaintiff continued to undergo Scientology auditing, processing and to take other Scientology courses, known as going up the "Bridge to Total Freedom", at the Flag Land Base in Clearwater, Florida between the years 1982 to 1989. During those years, and at great financial expense, Plaintiff progressed from the levels of New OT5 to New OT7, which included studying all of the so-called Scientology NOTs materials and, in February 1990, Plaintiff completed the highest Scientology level known as New OT8. In addition, during the years 1982 to 1989, Plaintiff also continued extensive Scientology training on other Hubbard courses in Clearwater, and became a well versed expert in a wide range of Hubbard's writings and procedures. For example, in 1982, Plaintiff did the special Hubbard process "L-10" at the Flag Land Base in Clearwater, Florida. After completing L-10 training Plaintiff should have been able to "exteriorize" as described herein. Despite his payment of over $500,000 to Defendants he has never been able to do so.
139. Specifically, from the Fall of 1973 through to the present day, Plaintiff has paid Defendants' for the following courses:
a. Hubbard Basic Communications;
b. Hubbard Qualified Scientologist;
c. PTS/SP Handling, Routing and Detection;
d. Student Hat;
e. Vol.O O.E.C. (executive course);
f. Executive Essentials;
g. OT1 Course;
h. OT2 Course;
i. OT3 Course;
j. OT6 Course;
k. OT7 Course;
l. OT8 Course;
m. Hubbard Dianetic Auditor;
n. Hubbard Dianetics Case Supervisor;
o. Hubbard Dianetics Auditor Internship;
p. Hubbard Dianetics Case Supervisor Internship;
q. Hubbard Academy, Level 0;
r. Hubbard Academy, Level 1;
s. Hubbard Academy, Level 2;
t. Hubbard Senior Security Checker Course;
u. Hubbard False Purpose Rundown Auditor CSE;
v. Hubbard Elementary Data Series Evaluator ("Investigation" Course);
w. Hubbard Basic E-Meter Course;
x. Hubbard "Hard TO's Course";
y. Minister's Course;
z. Staff Status 0;
aa. Staff Status 1;
bb. Staff Status 2;
cc. Hubbard Basic Word-Clearing Course;
dd. Basics of Ethics Course (1971-1992).
140. Defendants fraudulent misrepresentations, and material non-disclosures, and Plaintiff's reasonable and detrimental reliance thereon, to his great damage, continued throughout his nearly 25 years of membership in the Scientology enterprise. For example, while taking the Scientology's courses in auditing, he was constantly reminded by Scientology "registrars" (whose job it is to obtain monies from Scientologists for the purposes of the Scientology enterprise) of his "ruin" and that the next course or auditing or "brand new Hubbard breakthrough" would solve his "ruin," or cure his homosexuality and other mental ailments, forever. Agents of Defendants referred to the "success story" of John Travolta in that regard. In addition, in every single Scientology course there was a Hubbard Policy Letter that stated that Scientology (in Hubbard's view) was "man's only hope for any future at all" (or words to such effect) and, by way of implication and innuendo, that if Plaintiff were to abandon Scientology then he would abandon all hope, abandon Mankind's future and any chance of any personal well-being and "immortality" of any kind including the "handling" of his homosexuality.
141. Because of Plaintiff's coercive indoctrination, hypnosis, mental manipulation, brainwashing and mind control of Plaintiff, which he reasonably endured because of Defendants and their agents, and Defendants' fraudulent misrepresentations, Plaintiff endured numerous organizational inconsistencies, indignities and injuries. For example, in 1975, when the Daytona Flag Land Base of Scientology was moved to Clearwater, Florida, all students and staff were given a briefing by Scientology officials working with L. Ron Hubbard and were instructed to lie to local Clearwater residents and officials to hide the fact that they were Scientologists. Specifically, Plaintiff and others were instructed, through orders issued from Hubbard, who was in hiding in Kings Arthur Court in Dunedin, Florida, and through Defendant Jacqueline Van Der Linde, to maintain a false "front" as being personnel and students of "United Churches" and to try to maintain this cover as long as possible. The thwarted purpose of this fraud was to enable Defendants' to entirely take over the City of Clearwater in the State of Florida.
142. In 1983, while Plaintiff was a student on a course at the Celebrity Center Paris, France, he was taken from the course room, where he was the only remaining student, and ordered to go into a basement room where two naval uniformed members of L. Ron Hubbard's para-military "Sea Org." were waiting for him. Plaintiff was ordered to pick up the electrodes of a "E-Meter" (an expensive Scientology religious artifact that is supposed to show things that are happening in the mind if its needle movements, etc. are interpreted as Hubbard instructs). Defendants' agents locked the door of the basement room so that the Plaintiff could not voluntarily leave and threatened that if he did not cooperate he would be immediately expelled from the Church (by what is called a "Suppressive Person Declare" which, in Plaintiff's manipulated mind, was the worst fate that could befall him as a Scientologist. As a result of the intimidation of Defendants' para-military Sea Org. staffers, their verbal abuse and "squirrel" sec. check, Plaintiff broke down in tears and agreed to cooperate with their demands. Plaintiff was then involuntarily interrogated as part of a Scientology religious process called "security checking", or "sec. checking", which, when engaged in by more than one auditor, is colloquially known within Scientology as a "gang bang security check" or "gang bang sec. check." During this gang bang security check, Plaintiff, having broken down in tears and agreed to cooperate, was interrogated (again on the E-Meter) about the most intimate and personal aspects of his sexual life. He was forced to confess to some happenings that had really concerned only himself and finally, only when he had no more private information to provide, he was allowed to leave the locked basement room and rudely dismissed from the premises of the Celebrity Center. Although very upset, Plaintiff was then required and obliged to travel, at his own considerable expense, from Paris, France to Clearwater, Florida, and to pay Defendants and their agents several thousand dollars to get a "repair" of the illegal action perpetrated upon him by the Sea Org. staffers, losing much valuable career time and income in the process. Although the auditing process, and Plaintiff's preclear and ethics files, had been represented to him as being confidential materials subject to a claimed priest-penitent privilege, Plaintiff subsequently learned that the Sea Org. offices who had "Gang Banged Sec.-checked him," had gathered the staff at the Paris org. together in a meeting and had revealed what Plaintiff had been forced to reveal to them during the auditing process and sec. checking process.
143. As a Scientologist, Plaintiff was required to give up his right of access to the regular judicial process, contemptuously known to Scientologists as "wog justice", and to subject himself to the Scientology justice system involving Committees of Evidence convened pursuant to the authority of the International Justice Chief of Scientology.
144. From 1991 to June 1997, and thereafter, Plaintiff was the subject of vicious machinations by various Churches of Scientology which were engaged in tortious activity intended to harm Plaintiff's name, reputation and financial well-being to the benefit of Defendants and the detriment of Plaintiff. Defendants' intentional acts and omissions subjected Plaintiff to a tangled web of expensive "justice handlings" within the Scientology enterprise. As a result, and in addition to the intentional destruction of his personal and emotional well-being, Plaintiff had to pay the Defendants over $120,000 to clear his name of the allegations and false accusations that same Defendants had made against him.
145. Defendants' fraudulent misrepresentations to Plaintiff, as set forth herein, were continued through a Hubbard policy prohibiting Plaintiff from discussing his "case" with other Scientologists. Defendants thereby caused Plaintiff to delay discovering the fraud they were perpetrating upon him by manipulating him into believing that any failures of Scientology processing and courses to deliver what had been represented, and not disclosed, was due to his own mistakes and errors and not a shared experience with others. Plaintiff's manipulation and isolation was aggravated by Defendants' use of so-called Scientology celebrities to engage in fraudulent misrepresentations to the public and other Scientology members. Plaintiff was aware, of what the May 6, 1991 Time magazine cover story "Scientology, The Thriving Cult of Greed and Power", referred to as Miscavige's repeated joking to other Scientologists and staffers about John Travolta's allegedly promiscuous homosexual behavior. Two weeks after the National Enquirer published a report of John Travolta's liaison with a male porn star, John Travolta married fellow Scientology celebrity, Kelly Preston, thus contributing to Plaintiff's continuing belief in Defendants' misrepresentations that Scientology processing and courses would "handle" Plaintiff's own homosexuality.
146. After Plaintiff completed Scientology's most advanced course, new OT8, in February 1990, he returned to Paris, France, believing that his personal problems ("ruin") such as his homosexuality, had been finally resolved. However, two months later, Plaintiff's "ruin", being his homosexual urges, returned even more strongly then before. Although Plaintiff had done the new OT8 course on the M.V. Freewinds, at such expense as to break him financially, he could not return to the M.V. Freewinds for further "handling" of his "ruin" unless he paid the Scientology enterprise even more money. Accordingly, as part of Plaintiff's volunteered effort to do better, he initiated a confession of sins with the hope of unburdening his conscience and with the trust that such would be kept within the bounds of the priest-penitent privilege and confidentiality represented in Hubbard's writings to exist within the Scientology enterprise. Contrary to Defendants' misrepresentations as to the confidentiality of Scientology processing, and the claimed priest-penitent privilege, Plaintiff's confessional statements were disseminated from the M.V. Freewinds to the Celebrity Center in Paris, France. Plaintiff suffered severe emotional distress as a result of Defendants' conduct in this regard which was for the purpose of causing Plaintiff's Scientology friends to "disconnect" from him, to not purchase his art work, and to otherwise engage in conduct contrary to the representations Defendants had made to Plaintiff throughout his 25-year relationship with the Church of Scientology.
147. In April 1991, Plaintiff, being a professional artist of considerable repute, started an independent group of artists and art lovers for the purpose of assisting them to do better in the art field as a result of learning from the experiences of Plaintiff. Plaintiff's art group successfully grew until April 9, 1991 when Mrs. Sarit Rosenberg, President of the Church of Scientology Celebrity Center in Paris, France,