Complaint in Pattinson vs. Scientology
From email@example.com (Tilman Hausherr)
Organization United Umbilicals, Inc
Date Fri, 22 May 1998 19:04:58 GMT
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
Attorneys for Plaintiff
MICHAEL P. PATTINSON
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
MICHAEL PHILLIP PATTINSON,
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,
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,
) Case No. 98-3985(CAS) (SHx)
DEMAND FOR JURY TRIAL
COMES NOW Plaintiff Michael Pattinson, for his complaint against these Defendants, and alleges as follows:
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.
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, ordered Plaintiff to her office for a "interview." Plaintiff was ordered to cease all activities concerning his independent art group and was told that if he failed to do so his life in Scientology would be made "a living hell" by the use of Defendants' administrative personnel to cause all of Plaintiff's Scientology friends to "disconnect" from him, and that Scientology's upper management would cancel his "O.T. status" completely, and that official Scientology publications or "issues" or "issues" would be directed against him and they were. Defendants' interference with Plaintiff's independent art group, by threatening to destroy his continued association with Scientology which, in his mind at the time, and according to the teachings of Defendants, would forever prevent him from realizing the promised benefits of the "Bridge to Total Freedom," (and would deprive him of the immortality they promised him) and would forever consign him to a virtual state of living hell. Defendants' intentions in this regard were to maintain absolute "control" over any artistic or celebrity actions by Plaintiff anywhere near the Church of Scientology Celebrity Center in Paris, France. Plaintiff further knew, and then believed, as other Scientologists had since approximately 1976, when Hubbard wrote "this is our planet, move in", that Hubbard had effectively given Scientology sole possession of the entire planet Earth and that it should be assimilated to Scientology's own exclusive use, including all people, financial wealth and political control. Consequently, Plaintiff's formation of an independent art group that was not under Scientology's direct control conflicted with the aforesaid supreme decree from Hubbard as carried out by Defendants. Notwithstanding, Plaintiff refused to disband his independent group of artists and art lovers, which was intended to improve his earning capacity. Defendants then used their official Scientology positions to ensure that the Free Wind's organization cancelled Plaintiff's "O.T. status" completed on May 2, 1991, despite him having paid many hundreds of thousands of dollars to progress along the "Bridge to Total Freedom" towards immortality. In addition, Defendants ordered those members of Plaintiff's independent art group, who were also Scientologists belonging to the Celebrity Center, Paris, to "disconnect" from Plaintiff, to telephone Plaintiff and to berate his personal character, advising him that they had orders from the President of Celebrity Center, Paris, to terminate all connection with him and to demand a full refund of all membership dues or other monies paid to Plaintiff as part of his independent art group. In addition, Defendants caused their staff members to write secret, false and defamatory "Knowledge Reports" concerning Plaintiff, so as to give the fraudulent appearance of multiple independent sources providing "False Data" about him when in fact such persons were only robotically relating what Defendants, through their agents, had instructed those persons to write. Said "Knowledge Reports" were sent, without the knowledge or consent of Plaintiff, to the M.V. Freewinds and to the upper management of the Scientology enterprise in order to destroy Plaintiff's reputation and to prevent Plaintiff from receiving fair justice or from having a chance to properly defend himself before the Scientology courts of justice known as Committees of Evidence and Courts of Ethics.
148. The aforesaid conduct of Defendants destroyed the reputation of Plaintiff, caused him severe emotional and financial damage, and involved him in six further years of constant expense and effort to regain the new OT8 level and other advanced levels which Plaintiff had completed at the expense of many hundreds of thousands of dollars but which Defendants had arbitrarily and fraudulently stripped from him as set forth above. During this period of time, Plaintiff was in communication with the most senior echelons of the Scientology hierarchy including Defendant Miscavige personally. Defendant Miscavige held a meeting of those few Scientologists who had completed the new OT8 level during which he advised them that Scientology's OT8 course had not worked, was not working, had been re-engineered, and would have to be done again, along with the new OT8 level, by all those who had previously completed OT8 and new OT8. In addition those persons would have to again pay Scientology the tax-exempt "fixed donations" of approximately $50,000 before doing so again and even through they had already paid for those very same courses once already. At the instructions of Defendant Miscavige, and others, Plaintiff was not permitted to attend this briefing because his O.T. status had been arbitrarily stripped from him by virtue of the reasons set forth above.
149. In his efforts to regain his new OT8 status, and thereby regain the "past life handlings" and future life promises he had paid Defendants for, Plaintiff discovered that Defendants, contrary to their earlier representations and material non-disclosures, to be engaged in the operation of a total uncaring bureaucracy that could not care less about his physical well-being, spiritual state of mind or promised handling of his "homosexuality" but which instead seized upon any opportunity whatsoever to extract more money from Plaintiff, for services that did not resolve things at all, and all because senior Scientology officials had lied to make it look as though Plaintiff was guilty of transgressions and misconduct against Scientology. As part of the continuing fraudulent misrepresentations being perpetrated by Defendants upon Plaintiff, they alleged that Plaintiff "must have done something to pull in the trouble to himself." This Scientological teaching is a fraudulent misrepresentation because Defendants are institutionally incapable of doing anything wrong and that therefore, Plaintiff's continued "ruin" or "unhandled homosexuality" was his own fault and that whatever problems Plaintiff was reading about Scientology only existed because certain evil persons and groups were trying to destroy it. Thus, Defendants continue to perpetrate the material non-disclosures referred to herein.
150. In May 1991, the "Master-At-Arms" of the M.V. Freewinds, Ms. Christine McNocher, telephoned Plaintiff and advised him that there had been bad "Knowledge Reports" received about him. Without any specificity, the Master- At-Arms ordered Plaintiff to immediately be on the M.V. Freewinds, in Nassau, the Bahamas, or a "Suppressive Person Declare" would be issued and he would be expelled from the Scientology enterprise forever. This caused Plaintiff severe emotional distress and he borrowed money from his parents in order to try and ensure his survival in accordance with Defendants' policies, practices and teachings. Not only was Plaintiff's ordered visit to the M.V. Freewinds very expensive, but he was treated extremely rudely which only worsened the emotional trauma and distress that Defendants were intentionally and/or negligently subjecting Plaintiff to. Defendants ordered Plaintiff to return to the M.V. Freewinds for a "Committee of Evidence" the next month, June 1991.
151. In June 1991, at the orders of Defendants, Plaintiff again returned to the M.V. Freewinds. There he was held forcibly against his will and forced to pay $7,400 for further Scientology auditing that he could not afford at the time. Defendants even threatened Plaintiff with the withholding of his passport from him until such time as he paid the demanded amount. Plaintiff tried to retrieve his passport from the ship's "Port Captain's office" but his passport was being held in the safe and he was not permitted to retrieve it until such time as he paid the monies demanded and received the auditing processes ordered. Without the monies Defendants demanded of Plaintiff, with their threats of coercion, Plaintiff could not return home from the Netherlands Antilles. However, unless he paid the extorted monies, and underwent the ordered auditing, Defendants would charge him a further $100 per day to remain upon the M.V. Freewinds all to his financial detriment and the continuing destruction of his art business. Contrary to their representations, Defendants did not hold a Committee of Evidence on the Freewinds but instead ordered Plaintiff to Copenhagen, Denmark for the Committee of Evidence to be held there, but which was finally canceled by Defendant Miscavige before it could deliver its findings publicly. In the meantime, on May 2, 1991, and contrary to the representations made to
O.T. status in an "issue dated May 2, 1991." Defendants' said conduct, contrary to public representations to the contrary, caused Plaintiff severe and devastating personal humiliation and distress.
152. Defendants' "cycles of action" against Plaintiff were intended to, and did, severely damage him financially and put him heavily into debt. During 1990 and 1991, Plaintiff had given a total of $6,000 to WISE in order to obtain the right to use Hubbard Technology in his business, and to be a representative on a "Charter Committee." Defendants then in an official publication from the Paris Celebrity Center, "removed [Plaintiff] from post" in WISE but never refunded his money despite his having obtained nothing in exchange for it.
153. In the Summer of 1991, Plaintiff started a new business of making beautiful greeting cards for sale. Mr. Bruno Spinozzi, a fellow Scientology at Celebrity Center, Paris, became his business partner and together they invested substantial time and effort into the new business which had its first successes at a Paris trade show. In October 1991, Defendants decided to destroy Plaintiff's new business and did so by ordering Bruno Spinozzi into Defendants' premises for an "interview" in which he was provided defamatory, negative and damaging information about Plaintiff and threatened with a discontinuation of his own route up the Bridge to Total Freedom in Scientology if he did not obey Defendants' instructions to stop doing business with Plaintiff. Defendants' threats so intimidated Bruno Spinozzi that he withdrew from the new business venture with Plaintiff and demanded Plaintiff buy back his investment and release him from all partnership obligations on the spot. Plaintiff, not having the time to also do Mr. Spinozzi's job in the new business, had to cease business operations.
154. In the Summer of 1991, Defendants further subjected Plaintiff to an attack upon his integrity and reputation. The ethics officer of the Scientology Celebrity Center, Paris was given orders to call in all of Plaintiff's Scientology friends and fraudulently misrepresented to them that Plaintiff had "stolen a document" from the M.V. Freewinds relating to the conduct of Mrs. Sarit Rosenberg as set forth above. Defendants also told Plaintiffs' Scientology friends other lies of a personal nature until they were in shock about what a bad person he must be. Plaintiff's friends were each ordered to write a "Knowledge Report" on what they had learned from Defendants' representatives but to omit any reference to the fact that Defendants had provided them that "False Data." Said `Knowledge Reports' were then sent to Plaintiff's Scientology ethics files on the M.V. Freewinds and to the International Management of Scientology without Plaintiff's knowledge or Plaintiff receiving copies, and Plaintiff only discovered these Knowledge Reports in 1996 when he was permitted to inspect the contents of his Scientology "ethics file" at the Flag Land Base in Clearwater, Florida. At that time, Plaintiff discovered not only that a total of 23 false knowledge reports had been written about him, 15 without his knowledge, but that there were also two to three hundred pages of Scientology enterprise telexes about him in the period of June to August 1993 alone. At that time, Plaintiff demanded to read the telexes but the ethics officer left the room with the ethics folders, removed the telexes and came back with "culled" folders so that he could not see what had been written about him. Notwithstanding, Plaintiff concluded that a wide ranging conspiracy of considerable magnitude had been perpetrated against him by Defendants. Plaintiff learned further, that in July 1993, Ms. Olivia Pilo of the Scientology Celebrity Center, Paris had telephoned business partners of his in Milan, Italy to ask them, on behalf of Defendants, if they had any "dirt" on Plaintiff that Defendants could use against him.
155. Defendants' attacks on Plaintiff, and the international repercussions of Defendants' attacks upon Plaintiff, not only destroyed Plaintiff financially, but pushed him heavily into further debt. It destroyed his credit in France and it became impossible for Plaintiff to continue his career as an artist in France due to the incessant harassment from Defendants and pressure for even more money. Consequently, Plaintiff moved to Mexico to try and convalesce and to get back on his feet financially. Having been destroyed financially by Defendants, Plaintiff lost all of his possessions in Paris because he could not pay the property storage dues while he was attempting to restart his career in Mexico. In 1994-1995, Plaintiff found that he was unable to sell his paintings in Mexico because of its severe economic crisis and he proceeded to the Flag Land Base in Clearwater, Florida with the intention, and faith based on Defendants' misrepresentations dating back 25 years, that his problems could be resolved by Defendants.
156. From 1995 through June 1997, Plaintiff's condition worsened despite Defendants' misrepresentations. The more Plaintiff tried to clear his name, and to regain the O.T. status he had paid for and completed, the worse Defendants treated him. In 1996, an RTC "Board of Review" issued a mild vindication of Plaintiff but failed to take any corrective action to repair the vast damage that Defendants had inflicted upon him. By this time, the president of Scientology Celebrity Center in Paris was a greater source of income for Defendants than was Plaintiff and although the Rosenbergs were at the Flag Land Base at the same time as Plaintiff, Defendants, including Miscavige, refused to get the Rosenbergs and Plaintiff together to try and resolve their mutual difficulties leading Plaintiff to conclude that money took precedence over justice as far as Defendants were concerned.
157. In June 1996, Defendants held Plaintiff against his will, and falsely imprisoned him, in the Scientology building known as "Sand Castle Hotel" in Clearwater, Florida. Plaintiff was unlawfully detained by two naval uniformed officers of the para-military Sea Org. and was ordered to pay for further auditing before he would be released. Defendants demanded Plaintiff pay for a further 12.5 hours of auditing at the New OT8 level even though Plaintiff officially had no more O.T. status to attain and had previously paid $7,4000 for further auditing as set forth. Although being falsely imprisoned and held under duress, Plaintiff repeatedly advised Defendants that he was heavily in debt, that he had no job or regular income and that he could not afford to pay the monies Defendants demanded. Defendants then suggested people Plaintiff could borrow the money from and attempted to force Plaintiff to telephone these people, in their presence, in order to borrow the money. When Plaintiff refused to borrow further monies to pay for Scientology processing that was inconsistent with the O.T. status that had been stripped away from him, the Sea Org. officers refused to let Plaintiff out of the room and physically blocked the exit door to the reception area to prevent him from doing so. After years of psychological abuse and injustice perpetrated upon him by Defendants, Plaintiff broke down in tears and grief under the pressure and extortion being imposed upon him by the two naval uniformed Sea Org. officers. Plaintiff shouted and screamed for help and although the door to the room was partially opened, none of the Defendants' agents outside responded. The para-military Sea Org. officers closed the door again and forced Plaintiff to sit down. They then changed tactics and began to condemn Plaintiff's alleged non-cooperative attitude, attacked his integrity and honesty and verbally threatened him. Still refusing to pay them the monies Defendants were attempting to extort from him, Plaintiff decided he had to escape. Thereupon, Plaintiff while the two officers kept insisting that Plaintiff pay the monies demanded before he would be released from confinement, looked for a means of escape. Plaintiff noticed two doors in the small office and prayed that the outside door was not locked. Plaintiff slowly took to his feet to take his leave politely and firmly through the door to the reception area but his passage was physically blocked by the para-military Sea Org. officers as they had repeatedly done before. Plaintiff then bolted through the other door and managed to get out of the building, into the parking area, into his parked car and down the street despite being chased by the Sea Org. officers, who had been imprisoning him against his will.
158. At the end of 1996, while Plaintiff was still under the coercive indoctrination, mind control and mental manipulation techniques of Defendants, and supposedly being "assisted" by the president of Flag Service Organization, Mrs. Mary Voegeding, Plaintiff was pressured into attending an "briefing" in the restaurant of Scientology's Sand Castle Hotel. Plaintiff was informed that the Scientology senior management had discovered that the new OT7 level of Scientology had been delivered and applied erroneously and that its results on the "public" were in some unspecified way defective. Plaintiff was told that Defendant Miscavige was waiting for the New OT7 and New OT8 course members in a room in a secured and "confidential area" at the rear of the building to give all OT7's and OT8's a personal briefing on the deficiencies discovered by Defendants "Inspector General" team. Plaintiff observed approximately 50 people at this meeting and they all filed out to go to the secret briefing to be provided by Sea Org. Captain, Miscavige. At the door to the confidential area, Plaintiff encountered seven staff members "filtering" who was allowed in or not. Said staff members had a list of names who had been "cleared for entry." Plaintiff's name was not on that list and so Plaintiff was stopped at the door and denied entry even though he had in fact done the New OT7 and New OT8 levels. Plaintiff observed that about four people out of 50 were denied entry to Captain Miscavige's "briefing." Despite Defendants' misrepresentations which had fraudulently induced Plaintiff to pay to go up Defendants' "Bridge to Total Freedom," at great expense and cost, and despite Plaintiff having paid for and completed New OT7 and New OT8, he never received clearance to be either at the briefing or to read the 13 page publication at any later date. Subsequently, Plaintiff learned that Defendants "Inspector General Network" had found that New OT7 had been delivered to a paying public in a manner that lost its full effectiveness and that in some way created poor or negative effects due to a substantial list of defects. Because Plaintiff had paid for, done and completed New OT7, it was reasonable for him to assume that he should know what was so defective about his New OT7 training since, according to Defendants, it was one of the many Scientology processes that had to be properly delivered, and since it had not, Plaintiff could be suffering undesirable and dangerous, even life threatening, effects on his entire life without knowing the source of his difficulties or "ruin." Although various of Plaintiff's remaining Scientology friends claimed that Plaintiff's troubles must be coming from the faults in New OT7, Defendants continued to deny Plaintiff access to the explanation or correction. Instead, Defendants treated Plaintiff as some kind of "undesirable" who had no real civil rights, no other organizational rights or even the status of a valid "person," and who was just a mere "particle" in Defendants' bureaucratic maze of inhumanity, despite the large sums for money Plaintiff had paid them.
159. Defendants said "handling" of Plaintiff perpetrated and aggravated the various misrepresentations, and material non-disclosures made by Defendants to Plaintiff dating back to the Fall of 1973. Defendants had taught Plaintiff that in order to do any O.T. level in Scientology, one must pass through the filter of "eligibility." Defendants had taught Plaintiff that this was a system put in place by L. Ron Hubbard to weed out undesirables from getting at confidential materials and then using the data to enslave mankind or kill people by "overwhelm" of the power of the information. Despite most of the so-called upper levels of Hubbard and Defendants being broadly and publicly available in some books and on the Internet, the "eligibilities" to see this already publicly divulged data and to do the O.T. levels is still in use by Defendants.
160. Defendants had also indoctrinated Plaintiff with the belief that Scientology is the only way out of the trap of life, that no other way out exists, and that the next steps on this invisible "Bridge to Total Freedom" could be denied, including immortality, as Plaintiff discovered, unless that individual obeyed the whims of senior Scientology officials, particularly as to allowing Defendants "ethics officers" to delve into every aspect of Plaintiff's personal life and impose their demands in order that Plaintiff could earn the right to any future progress towards freedom and immortality. Defendants also taught Plaintiff that a major factor in his progress to Total Freedom was the amount of money or dissemination of Scientology he had received before he could be "invited" on to the next "secret" level, despite those secret levels now being widely available upon the Internet and from other sources. Defendants had taught Plaintiff that without the "eligibility" authorizations, now provided by RTC under Captain Miscavige, Plaintiff would be "dead in the water" as far as any continuation in Scientology was concerned. Plaintiff's own observations of severe and traumatic emotional upsets of other Scientology friends who had been denied, either temporarily or permanently, eligibility for his next Scientology level led Plaintiff to attempt to obtain "eligibility" and to see the 13 page "secret document" on new OT7.
161. Defendants expressly represented to Plaintiff in 1973, and have represented to the public at large, that one does not give up their "other" religious beliefs in order to become a Scientologist and that such "other" religious beliefs can be concurrently practiced consistently with Scientology. In late 1996 while attempting to obtain "eligibility" as set forth above, Defendants Danny Keogh, the former husband of Scientology celebrity, Lisa Marie Presley, learned that Plaintiff still maintained the Christian beliefs he had before joining Scientology in 1973. Defendant Keogh reported this matter to Defendant Rathbun, one of Scientology's most senior international officials, who then personally subjected Plaintiff to a "religious deprogramming." Defendants' attempt to religiously deprogram Plaintiff took place in two "interviews" or interrogations, using Scientology's religious and spiritual device called the E-Meter as a lie detector. The religious deprogramming and interrogation, was conducted by Defendants in a small office behind the lobby area of the Fort Harrison Hotel in Clearwater, Florida. Defendant Rathbun conducted the programming as a harsh interrogation which had the basic intent of forcing Plaintiff to give up his Christian religious faith in order to obtain RTC's "eligibility authorization" to see the secret New OT7 document. During this "religious deprogramming", Defendants, specifically Defendant Rathbun, repeatedly scoffed at, and made snide remarks about, Plaintiff's religious beliefs as being invalid because they were contrary to those expounded by Hubbard. Defendant Rathbun was, at that time, RTC's "security officer" answering personally to Captain David Miscavige, who is the commander of the Scientology para-military enterprise and who is its so-called world wide ecclesiastical leader. Defendant Rathbun repeatedly interrogated Plaintiff in a non-friendly manner on what his Christian and other religious beliefs were and demanded to know all the names of persons to whom he had spoken to about his faith or "other" ideas so that Defendants could go to those people and nip the "other" ideas in the bud and so prevent any religious aspects, or non-Scientology beliefs, creeping into Scientology or being practiced by its adherents notwithstanding Defendants' public statements to the contrary.
162. Defendant Rathbun, as part of Scientology's "handling" or religious "deprogramming" of Plaintiff, put Plaintiff on a "program" or "cycle of action" to go over all of L. Ron Hubbard's quotes on God, religion, the Supreme Being, etc. in sessions of "False Data Stripping" in order to ascertain where Plaintiff had gone off the rails and to become interested in religion and Christ, contrary to L. Ron Hubbard's statements that "he had been to heaven" and "found it a scruffy kind of place," that "there was no man on the cross" and that "Jesus Christ never existed except as an aspect of an old mental `implant.'"
163. During this "False Data Stripping" or "religious deprogramming", Plaintiff asked Defendant Rathbun repeatedly if he could be possibly misunderstanding Hubbard's intent as Plaintiff stated that he could not believe that, in order to be able to continue in Scientology, he would have to renounce his "other" religious faith. Defendant was told that he had not misunderstood and that anyone practicing any kind of "other" religious faith would be shunned and ineligible to continue in Scientology as it was considered "illegal other practices" under RTC policies. During the religious deprogramming, or "False Data Stripping," Plaintiff began to realize that this ruse was used on every individual that ever wanted to progress through the confidential Scientology upper levels. In this manner, since Scientology was openly "Clearing the Planet," Plaintiff concluded that Defendants were engaged in destroying every other religion on planet earth, individual by individual, holding the secrets of Scientology as a sort of "slave-bait", and "band and switch", to get those persons to renounce their religion, despite Defendants' inconsistent public statements to the contrary, and upon which Plaintiff had relied to his detriment. Plaintiff further began to realize that the religious deprogramming, covertly done person by person, over the years, would enable Defendants to achieve Scientology's intended goal of total world or domination, "Cleared Planet" that Hubbard started in his lifetime.
164. Defendants' religious deprogramming led Plaintiff to conclude that his belief in Christianity and considerable spiritual gain outside of Scientology had caused him to commit a punishable crime against Scientology rendering him ineligible for more secret Scientology courses until he recanted his "other" religious beliefs. During the many hours of "False Data Stripping" that Defendants subjected Plaintiff to on the E-Meter, Plaintiff could only locate, in over 20 large volumes of Scientology and a dozen or so other books written by Hubbard, approximately six pages in total that had anything to do with a God, a religion, a deity, or a Supreme Being leading Plaintiff to conclude that, contrary to Defendants' representations to him in 1973 that Scientology could be practiced concurrently with other religious beliefs, the Scientology enterprise was really a non-religious organization virtually devoid of any religious belief and that nowhere within Scientology was there any kind of dealing with a God, a deity, a religion as such, a Supreme Being or things divine.
165. In late May 1997, the President of Flag Service Organization, Mrs. Mary Voegeding, threatened Plaintiff by telling him that the contents of his recently volunteered "religious" confessions "just might come out publicly" if he left the Scientology organization. By June 1997, Plaintiff began to discover that Defendants' various representations to him, dating from 1973 through 1997, were in reality fraudulent misrepresentations and that Scientology was neither a legitimate religion, that its claims to be a religion were a fraudulent and criminal facade, and that its claims to be consistent and compatible with other religions were merely part of the fraud that Defendants had perpetrated upon the Plaintiff. Accordingly, in June 1997, Plaintiff had become so disenchanted with the various practice and claims of Scientology, and so dissatisfied with the services provided by Defendants herein, that he slowly lost his faith in, and in connection with, Scientology notwithstanding the knowledge that Defendants would carry out their "fair game" practices against him for the purpose of destroying and ruining him utterly in accordance with Defendants' so-called religious scriptures.
166. On May 17, 1997, the aforesaid Mary Voegeding wrote a letter to Plaintiff stating that she did not know where he got the idea that his petition for eligibility had been refused and that he had used up all lines in order to get his petition resolved. She further said that she felt compelled to tell Plaintiff that the Board of Review that was done cancelled all of the injustices against Plaintiff and that she understood he was trying to get the matter resolved which was her intention as well. To that end, Defendants' representative stated that there was obviously personal upset with another parishioner and that there was a policy to resolve "this type of thing." She went on to state that she was trying to apply Scientology policy and that she looked forward to helping him out. Nearly one week after Defendant Voegedings letter, Plaintiff again attempted unsuccessfully to regain the OT levels Defendant's have fraudulently stripped of him.
167. Contrary to the material misrepresentations, and material non- disclosures, of Defendants and their agents, upon which Plaintiff reasonably relied to his detriment and damage, Plaintiff has discovered the following despite Defendants' maintaining his O.T. Ambassador Status as recent as May 2, 1998:
a. That the corporations and churches of Scientology are not a bona fide legitimate religion but a vast money making invasive movement, commercial enterprise and mafia-like criminal organization that had perpetrated a fraud on the Plaintiff;
b. That Defendants were engaged in the operation of a para-military psycho- terrorist and politically subversive organization engaged, among other things, in the denial of the civil rights of the Plaintiff;
c. That Defendants had maintained a totalitarian-like compartmentalization within the Scientology enterprise in order to prevent Plaintiff discovering the real truth regarding the nature of the Scientology enterprise;
d. That Defendants recruit and use celebrities to further their frauds and crimes against the Plaintiff as set forth herein;
e. That Hubbard did not write many of the works that Defendants claimed to Plaintiff he did and that many of these works were plagiarized and stolen from others, some even having their source in black magic and Satanism;
f. That many of the Defendants' so-called religious symbols are in fact Satanic and black magic symbols contrary to representations Defendant had made to Plaintiff;
g. That Scientology does not tolerate the concurrent practice and existence of other religions by either its own members or others, contrary to representations Defendants had made to Plaintiff;
h. That Defendants' statements to Plaintiff regarding its treatment and attitudes towards minorities such as women, non-whites and gays were fraudulent;
i. That Defendants wrongfully failed to advise Plaintiff, at the time they recruited him, about their war against psychologists, the role of front groups such as CCHR, and resulting in the Can Reform Group, New Can, the Can Unit within OSA and the destruction of old Can as described by Washington Post and other Media in late 1996/early 1994 and by the CBS Sixty Minutes TV Show in late 1997;
j. That Defendants had engaged in fraud in not telling Plaintiff about the criminal history and massive criminal activities of Department 20 of OSA including "Operation Snow White' and the other widespread illegal conduct of Defendants' discovered by the Federal Bureau of Investigation in its largest raids ever, on the Church of Scientology;
k. That Defendants had engaged in fraud in not telling Plaintiff of the real truth regarding L. Ron Hubbard's background, Satanic practices, illicit drug use, psychiatric drug use and the circumstances preceding, surrounding and following his death;
l. Defendants had engaged in fraud in not telling Plaintiff, at the time of his recruitment, about Hubbard's attitude to children as being "expensive inconveniences" and that Scientology staffers are routinely ordered to have abortions because children interfere with "production" and require "family time";
m. Defendants engaged in fraud by not disclosing to Plaintiff the matters referred to in a document called "Separate Statement Linking Declarations to Claims Filed in Connection with F.R.Civ.P. Rule 11 Request in the case of CSI v. Fishman and Gertz", many of which are available on the internet in the form of the Declarations of Andre Tabayoyan, Mary Tabayoyan, Robert Vaughn Young, Stacy Young, Hana Whitfield, Vicki Azneran, Richard Azneran and Lawrence Wollersheim;
n. Defendants had engaged in fraud, through material non-disclosure, against Plaintiff in connection with the death of L. Ron Hubbard and the administration of the L. Ron Hubbard estate;
o. That Defendants had engaged in fraud in not advising Plaintiff of the Rehabilitation Project Force, alleged Scientology-related deaths, suicides and financial frauds and Scientology's past criminal convictions, public investigations, lawsuits and other anti-social activities and conduct in violation of the Constitutional and civil rights of both its own members and critics. Specifically, Defendant John Travolta was personally aware of the existence of the Rehabilitation Project Force through the experiences of one of his former friends, in his capacity as a Scientology spokesperson upon who Plaintiff relied, to make public statements designed to inform Plaintiff of the deprivations associated with the RPF concentration camp-line facility at the New Era Film Studios at Gilman Hot Springs near Hemet, California;
p. That contrary to its representations, Scientology does use hypnosis, brainwashing, mind control and other manipulative and coercive indoctrination techniques;
q. That Defendants omitted to tell Plaintiff that it obtained IRS Section 501(c)(3) tax-exempt status through intimidation, misuse of his monies contributed to Defendants, the use of private investigators, blackmail, and other matters which are more properly described in the March 1997 New York Times articles written by Doug Frantz;
r. That Defendants had misused monies that Plaintiff contributed to and donated to them by engaging in criminal conduct, fraudulent conduct, financial fraud, tax fraud, and the use of lawyers and private detectives to intimidate, silence and destroy all those who criticized Scientology, the activities of Defendants or who otherwise might expose the fraud that was being perpetrated upon Plaintiff;
s. That Defendants had misused Plaintiff's contributions and "fixed donations" for the purpose of improperly recruiting children and teenagers in violation of applicable wage and labor laws, upon the fraudulent claim that they were religious volunteers engaged in religious activities;
t. That Defendants misused Plaintiff's contributions and fixed donations with fraudulent claims regarding A.B.L.E., Applied Scholastics, The Way To Happiness, [Narconon], and Criminon, etc. and Defendants' improper pressure upon certain Los Angeles City Counsellors in connection with the renaming of Berendo Street as L. Ron Hubbard Way and the fraudulent representations to the Los Angeles Unified School District in connection with the use of Hubbard text books in Los Angeles' Schools;
u. That Defendants misused Plaintiff's contributions and fixed donations in connection with their representations as to the treatment and handling of homosexuals, and the treatment or "off loading" or "dumping" of ill and/or older Scientologists who were no longer financially productive to Defendants;
v. That Defendants misused Plaintiff's contributions and fixed donations in connection with their claims to "Clear the Planet," create "an ethical society" and a "world without crime and drugs" and failed to timely disclose to him that "Clearing the Planet" meant ruling the World, critics or opponents of Scientology and that an "ethical" planet meant one ruled according to Scientology practices;
w. That contrary to Defendants's claims, Plaintiff was subjected to dangerous and life-threatening practices in connection with the Purification Rundown;
x. That Defendants fraudulently misused Plaintiff's contributions and fixed donations in connection with their handling of psychotic breaks known as Potential Trouble Source Type III and the use of the Purification Rundown, and other Scientology processes, resulting in alleged murders, suicides, instructions to commit murder and suicide, financial fraud, damaged bodies, damaged minds and destroyed lives, all of which Defendants failed to bring to Plaintiff's attention. Furthermore, Defendants failed to explain to Plaintiff what has happened to the thousands of Scientologists who have literally disappeared, some later to be discovered dead in mysterious circumstances as represented by the German ARD television documentary and disclosed in the Tampa Courthouse files relating to the death of Lisa McPherson;
y. Contrary to Defendants claims, the use of the E-Meter and the practice of auditing was a fraud;
z. That Defendants engaged in misrepresentations and material omissions to Plaintiff, in connection with the use of portions of his monies and donations for the activities of OSA, lawyers and private investigators against former Scientologists, critics of Scientology and the like;
aa. That contrary to Defendants's claims to Plaintiff, Scientology does not really work as claimed and the "Bridge to Total Freedom," from the Personality Test through new OT8, and all related writings such as "Dianetics," "Scientology, A World Religion Emerges in the Space Age," "What is Scientology," and all of the so-called Advanced Technology, or upper levels, are a fraud despite Defendants' contrary representations, and material non- disclosures, made to Plaintiff;
bb. That in blatant defiant violation of U.S. Federal Court injunctions, and contrary to their representations to Plaintiff that Defendants were law abiding entities and peaceful citizens, Defendants were engaged in the unlawful practice of medicine through various of Hubbard's writings such as Nots 34 and the us of the E-Meter;
cc. that Defendants, and each of them, contrary to their misrepresentations and material omissions to Plaintiff, used parts or all of Plaintiff's contributions and donations for the purpose of a vast criminal and fraudulent conspiracy intended to take over the world, all governments and businesses, and generally to act contrary to anything Plaintiff would knowingly agree to provide his labor, contributions and donations for had Defendants timely disclosed such matters to him.
168. Defendants' criminal and fraudulent conduct directed at Plaintiff included, but was not limited to, the following documents, practices and activities which were material non-disclosures, when Defendants' recruited the Plaintiff:
a. The HCOB titled "The By-Passed Case" written by L. Ron Hubbard and denoted as "Top Secret" wherein Hubbard describes the fact that it is possible for a Thetan (the "preclear") to go all the way up the "Bridge" without ever actually getting any auditing himself as a spiritual being but paying for hundreds or thousands of hours of auditing without any personal benefit whatsoever. The Plaintiff read this HCOB in 1982 at the Sand Castle Scientology courseroom for New OT6 in a "pack" with other top "secret" documents.
b. The document written on May 2, 1991 that stripped the Plaintiff of all "O.T. status" in one fail swoop without any recourse. The Plaintiff had paid a great deal of monies (approximately $500,000.00) to Defendants for the "O.T." levels and then Defendants publicly cancelled them without due compensation.
c. The denial, by Defendants, of the Plaintiff's Constitutional and civil rights to fair justice by Hubbard policies preventing access to any national justice system of legitimate recourse for real wrongs perpetrated against the Plaintiff by Defendants.
d. The use, by Defendants, of a deliberate and calculated attempt at the overthrow of national (including the United States) justice systems by the deliberate use of these national justice systems as a weapon of chaos, dismay, harassment, disenchant-ment and painful injustice until, in the ensuing chaos, Defendants can impose "as a solution" its own Hubbard "justice policies," take control of the entire national justice system and thereby eliminate Defendants' subsequent planned taking over of the national government by the fact no one can prevent it, as justice procedures will be in the sole hands of Defendants herein.
e. The application, by the "Sea Org." of Hubbard's directive of (circa) 1976: "THIS IS OUR PLANET, MOVE IN!" and the ensuing devouring of the resources of individual human beings and the high pressure abrasive tactics drilled in to Defendants' "registrars" from the groups comprising the Defendants. The Defendants' goal of "taking over the Planet" was not disclosed to Plaintiff when Defendants recruited him.
f. The strenuous creation, maintenance and amplification of a false and misleading "front" of a clean, well-intentioned group working for the good of "Mankind" with devotion and self-sacrificing whereas, in reality, as Plaintiff has now discovered, the Defendants named herein, actually work behind this false front in a vector that is 180 degrees the opposite, wherein Defendants impoverished Plaintiff by excessive "donations" of multiple kinds and amounts. Defendants also worked constantly to ensure their own survival at any and all costs to Plaintiff, regardless of consequences to Plaintiff, and especially with regard to perceived "enemies" even within the loyal following. Contrary to Defendants' representations to Plaintiff, he discovered that Defendants had misused his financial contributions to the detriment of many of Mankind, and had used the notion of "Clearing the Planet" (per Hubbard's writings) to clear away Plaintiff's personal funds, credit, wealth, well-being and real personal empowerment. Defendants are, by their policies on "weekly stats", a self- serving monster-machine that sacrificed Plaintiff to their own arrogant self- image and ends.
g. The fraud perpetrated by the Plaintiff of selling him an "OT8 bracelet" for the sum of $3,250, whereas its true value at resale (when Plaintiff resold bracelet for its gold value in time of difficulty) was $125.
h. The experience of Plaintiff in January 1986, at the Flag Auditorium in Clearwater, Florida, when Miscavige, Pat Broeker and Annie Broeker gave the news of the death of L. Ron Hubbard to Plaintiff, as part of an official "event," but wherein the facts presented later turned out to be untrue and fraudulently misrepresented. The Plaintiff alleges fraudulent and criminal misrepresentation and non-disclosure of the relevant details relating to the death of L. Ron Hubbard, and the subsequent management of Scientology in key aspects since that date. The Plaintiff thereafter paid in good monies and earned funds on the basis of the misrepresentations, and material non- disclosures, made by Defendants Miscavige and the Broekers in the whole "passing of L. Ron Hubbard" sequence of events where they merely stated that Hubbard had "dropped his body" to "continue his research elsewhere".
i. The activities performed by the Guardian's Office, and in particular by Defendant Jacqueline Goven (now Jacqueline Van Der Linde of Clearwater) in direct and personally coordinated manipulations by L. Ron Hubbard (now deceased) to involve the Plaintiff, by the coercion of group loyalty, in the false front called "United Churches of Florida" in 1975 and 1976. Defendants knew and intended that the "United Churches" contrived appearance was a sham, but instructed Plaintiff to lie publicly to prevent discovery of the Scientology presence in Clearwater. Defendant Van Der Linde worked to perpetrate this contrived fraud, as did others in the Guardian's office and the Sea Org. Miscavige was part of this as a "Commodore's Messenger."
j. The experience by the Plaintiff, in 1996 of a filmed psychological conditioning technique called "Orientation." In this film produced by Defendants as part of the intense hype of Defendants, Plaintiff was subjected to an attempted hypnosis from the content of the film that "anyone not doing Scientology should use the solution of blowing their brains out." This hypnotic suggestion was later used on Plaintiff by Defendant Marty Rathbun in the Flag Land Base. Plaintiff has now discovered that the technique was, apparently, designed to provoke a suicide of any followers that might think of, or act upon, the idea of leaving Scientology. Plaintiff then learned that Hubbard's policy letter that refers to the fate of opponents or detractors of Scientology acts as a basis for the hypnotic suggestion in that film. Plaintiff alleges that Defendants have used on him Hubbard hypnotic and destructive techniques to create harm to the Plaintiff without either his informed consent or knowledge.
k. The action by Defendants of prescribing excessive and dangerous doses of vitamins during the "Hubbard Purification Rundown" Plaintiff was "case supervised" upon Plaintiff in the Paris Scientology Org. in early 1979. In this supervised program the Plaintiff was instructed to take over, over a period of approximately three weeks, such daily doses as ten grams of vitamin B1 and similar doses of Niacin, etc. During this "Purification" program perpetrated upon Plaintiff without adequate disclosure, Plaintiff suffered temporary but very distressing, paralysis and vomiting during the Defendants- supervised five-hour daily sauna sessions in a sauna at extremely high heat. The promise to Plaintiff, in the Hubbard HCOB on the program administered by Plaintiff, was that it would make Plaintiff survive the Third World War. However, Plaintiff suffered hardship and barely survived the doses of sauna and vitamins, all due to misrepresentations and material non-disclosures, of Defendants.
l. The practice, by Defendants, of creating a moronic or docile dependency on itself in its followers by the methods of inner esoteric language, elimination by indoctrination and by auditing and training, of a follower's sociability in the "wog" world, and by alienation of other spheres of society that otherwise followers might enjoy in the absence of Hubbard's critical written tirades.
m. The use, by Defendants, of the "eligibility" process by RTC to degrade, vilify, control and secure contribution and blind loyalty of the Plaintiff. As part of this Plaintiff was subjected to an emotionally wrecking religious deprogramming by Defendants' Rathbun and RTC.
n. The trespassing or Plaintiffs' rented premises, by the President of Flag Land Base, Mary Goegeding, and of Danny Keogh in late 1996 at 1540 Gulf Blvd., Clearwater. This is a secured building, but said persons (one being Lisa Marie Presley's husband) broke and entered it through two security perimeters illegally and were waiting for Plaintiff's return home so that Plaintiff would be "handled" to prevent bad consequences to Defendants from Plaintiff's most severe "upset" after the RTC "religious deprogramming".
o. The fact that the "New OT8" paid for and completed by the Plaintiff was at variance with the Hubbard outline written in the HCOB on the "tech line-up" and on the future O.T. levels being, one by one, each longer and more onerous than the previous one. New OT7 took Plaintiff seven years, but new OT8 took three weeks, for a result that was disappointingly "non-OT." Attesting to the end phenomenon was a revelation of the truth that the "buildup" and hype of Defendants was not met by a corresponding result delivered. Plaintiff's experience with "New OT8" causes him to allege fraudulent misrepresentation of the magnitude of this Scientology level.
p. The fact that Hubbard introduced destructive techniques and procedures into Scientology, and thence into the life of the Plaintiff without his knowledge or informed consent by including data learned from notorious black magic practitioners such as Alasdair Crowley (aka "The Beast 666") and Jack Parsons with whom Hubbard tried to create a satanic moon child in Pasadena, California in the late 1940's and Defendants' failure to disclose, to Plaintiff, the contents of the Affirmations, the Blood Ritual and Hubbard's damning letters to his three wives.
q. The misleading and fraudulent misinformation made to the Plaintiff during the January 1986 event at Flag Auditorium where Defendant Pat Broeker showed Plaintiff a slide of a very long handwritten number, purported to have "come from the materials of "OT10." This apparent existence of higher O.T. levels, revealed by Defendants at that event, led Plaintiff to believe that Hubbard had left Scientology upper levels in the charge of the Broekers and Miscavige. No supporting documents or authorizations accompanied the Defendants' representations at the event, or afterwards.
r. The fraudulent series of actions and omissions by RTC and other Defendants in the refusal to allow Plaintiff to have access to the information in the "secret" 13 page document written by Scientology "Inspector General" on the defects of the delivery, practice, results and techniques of "New OT7." Plaintiff alleges fraud and misrepresentation in the delivery of his own "New OT7" which caused the most severe emotional, spiritual and mental suffering in the life of the Plaintiff from 1982 onwards. Denial of access by physical barring, and by the spurious need for a new "eligibility," requiring a definite relinquishing of the Plaintiff's religious convictions, by order of Miscavige and Rathbun and RTC as a specific condition of access was a breach of the constitutional rights of Plaintiff as well as a cruel and unusual procedure. This was especially so in light of the fact that Plaintiff did "New OT7" and had several life difficulties in many areas afterwards.
s. Specific denial of self-chosen religious practices by "ethics" handlings that deem those as "other practices" and are therefore, by RTC practice and Hubbard policies, to be eliminated from the life of the Follower of Scientology as part of required Scientology conditions for any further progress on the "Bridge to Total Freedom."
t. The specifically denoted anti-democratic nature of Scientology, as indoctrinated by Hubbard and Defendants in the policy letter "Keeping Scientology Working" No. 1, which was not disclosed to Plaintiff at the time of his recruitment. This indoctrinated Plaintiff while he was in Scientology, to have a disdain for the constitutionally designed system of democratic government. RTC and other Defendants actively work to expand the anti- democratic "cluster of fanatics" called collectively "Scientology" and this was not disclosed to Plaintiff at the time of his recruitment.
u. The destructive and anti-"wog" brainwashing writings of Hubbard that alienated Plaintiff from valid non-Scientology groups and persons that could have materially benefitted Plaintiff, and thereby created a less ample life for Plaintiff, and none of which was discussed to him when Defendants recruited him.
v. Plaintiff was negatively influenced, to his detriment, over a period of over 23 years by the popular in-group neuroses and psychoses copied from Hubbard by virtually all loyal followers, and by Defendants in particular, e.g., the notions that the police are always destructive, that enemies abound everywhere against Scientology, and it is fashionable to be critical of everyone Hubbard criticized, etc.
w. The malicious practice by Defendants of harassing Plaintiff (in "ethics" and "confessionals") for any critical thoughts, comments, and writings, but failing to treat their (management's) own criticisms in like manner. This was particularly arduous for the Plaintiff in trying to establish his innocence (never conceded fully even after six years of continued efforts and $150,000 costs at least) after the attack upon him by false Knowledge Reports from Sarit Rosenberg and others of Celebrity Center Paris and OSA Paris, as set forth elsewhere herein.
x. The blatant and harmful inconsistencies in Scientology, applied against Plaintiff by Defendants, including that of the Hubbard teaching that "a thetan is basically good" and then the "Fair Game" type or style of active applications that deny any goodness in the person. Plaintiff alleges that the Hubbard tech, applied upon him by Defendants without adequate informed consent, contains destructive and insidious inconsistencies which have harmed his well-being.
y. Defendants' open and harmful practice of riveting the total attention of Plaintiff, on the almost absolute necessity to "have total faith in the tech" and to leave no room or attention or time for placing faith in a deity, God or Supreme Creator. Thus, while misrepresenting the non-religious nature of Scientology, Defendants effectively eliminated the Plaintiff opportunities for genuine religious faith in God, divine self or any other notion of deity. This denied Plaintiff many years of active religious practice and was detrimental to him.
z. The fraudulent practices of the IAS where it denies, in practice, the advertised goals it is supposed to have, and instead used funds from the trusting Plaintiff to antagonize foreign governments, feed its own image with expensive "public relations" and generally create new "wars" for Defendants to use to extract further huge fixed donations from Plaintiff. Plaintiff's money was used to pursue such self-serving practices as the recent IAS strategies. Defendants failed to disclose to Plaintiff that IAS took over one million dollars from Gerhard Haag, in Germany, to "protect and defend Scientologists . . ." and when Haag and his business were later ruined by enemies of Scientology stirred up by rabid IAS creations of antagonisms IAS refused to render assistance to Haag. Haag was totally ruined and had to flee to painful exile in Albania. As Haag was a major customer for the Plaintiff's paintings thereby Plaintiff was materially and extensively harmed by this criminal and fraudulent conduct of IAS which had secured his paying membership with representations of behavior to the contrary.
aa. Defendants pretending to be a religion whereas its religious contents, both in theory and practice, instead of relating to the infinite, are in fact only relatively infinitesimal and by way of "curiosa" in the Hubbard writings. This failure to really BE a religion while strenuously and avidly (for tax purposes only) portraying Scientology as a "religion" was a major deception, fraud and misrepresentation that Defendants perpetrated upon Plaintiff and that negatively affected the Plaintiff over many years.
bb. Defendants accepting of Plaintiff's funds (of at least $6,000) by "WISE" and then failing to deliver any service of commensurate value and the failure by WISE International to defend Plaintiff under attack by Celebrity Center Paris. Said conduct of Defendants was breach of the good faith and fiduciary duty they owed Plaintiff.
cc. The Hubbard goal of getting the preclear to be three feet back of his head was applied to Plaintiff by Defendants, particularly during such processes (both in training and auditing) as "Opening Procedure by Duplication" and L-10, as well as in other Scientology procedures. This goal effectively goes towards the disconnection of the human spirit from the traditional "spiritual centres" that allow connection with one's divine self, etc. and is therefore a practice that is directly anti-religious, is contrary to Plaintiff's own beliefs and was a material non-disclosure when Defendants recruited Plaintiff.
dd. Defendants' advertising of "OT states."
ee. Defendants' influenced Plaintiff, particularly from early "Advance" Scientology magazines. No such "O.T. states" were delivered by Defendants to Plaintiff despite hundreds of thousands of dollars paid to Defendants by Plaintiff. Defendants' frantic and perpetual drive for "higher stats" was instrumental in denying Plaintiff adequate inner peace to be able to progress in contact with any concept of a Supreme Being. This was specially onerous where Defendants were constantly pressuring Plaintiff for more monies, more donations, more course points, etc.
ff. The fanatical drive of Defendants' International Scientology management for "more money, more stats, more donations" was, in its incessant invasiveness a major factor which led to the Plaintiff losing whatever gains might have accrued during Scientology services at various times. In this way, by the focus being almost exclusively on financial contributions without end from Plaintiff to Defendants, was the Plaintiff denied the benefits from the services he had paid for and worked for so hard. Contrary to their representations, Defendants' focus was NOT on the personal well-being of Plaintiff and other Scientologists but was the opposite vector virtually exclusively.
gg. The no-results and bad results Plaintiff obtained in his dealings with Defendants in his association with them, particularly the denial of effective measures to obtain financial and material recourse/damages resulting from the attacks on Plaintiff from Celebrity Center Paris.
hh. Destruction of several of Plaintiff's businesses by Defendants through various harmful and treacherous methods in the name of fanaticism over Scientology.
ii. The insidious practice by RTC and collaborated with by Defendants, of using "eligibility" procedures with no firm guidelines or definite standard to act as a prevention of human "whims" deciding a Scientologist's whole future, was destructive to Plaintiff. Moreover, the planned systematic requirement of relinquishing "other religious practices" is a covert method of destroying, in silent privacy of an "ethics" handling, the congregations of all real religious faiths one person at a time and was forced upon Plaintiff by Defendants to the detriment of Plaintiff.
jj. The all-pervading belief, practice and invasion of the idea that "MAN IS HERE TO SERVE SCIENTOLOGY" rather than the advertised notion of "Scientology is here to serve Man" is the reverse warp of Defendants' representations to Plaintiff that very severely prejudiced the Plaintiff. The factual reality of Scientology was the fraudulent opposite of what had been put forward in promotional literature, Hubbard writings and in verbal representations. The bright side of the "IMAGE" of Scientology was what the Plaintiff paid for. The dark side of the Scientology scam is what the Plaintiff received.
kk. False billing of Plaintiff by Defendant Flag Crew Org. in 1998.
ll. The criminal inequity where Plaintiff was held to reveal all, but Defendants hide all its misdeeds and stacks up withholds and injustices against the Plaintiff.
mm. Defendants' false imprisonment of Plaintiff both on Freewinds in 1991 and at Flag Land Base in 1996. These incidents were severely harmful to Plaintiff.
nn. Defendants' fraud upon Plaintiff, whereby it was broadly advertised that "OT8 can ONLY BE DELIVERED ON A SHIP" so Plaintiff, and others, donated over $30,000 to buy the M.V. Freewinds. In fact, as Plaintiff discovered after doing OT8 it could really be delivered on a land base (and is intended to be so delivered by the "Universe Corps"). In reality, the IAS needed to get off land so as not to be held accountable for its fraud and "war tactics." The outward or "shore-story" was, one more time and "as usual" in Scientology very different if not the exact opposite from the reality behind the scenes. Defendants disclosed none of their material facts to Plaintiff when they recruited him.
169. The various misrepresentations, and material non-disclosures, made by Defendants to Plaintiff regarding the Bridge to Total Freedom, and his resulting immortality, were false, misleading and untrue in numerous respects including, but not limited to, the following: (a) the Bridge To Total Freedom, and Scientology's upper levels or advanced technology, were not about religion, self awareness or self improvement but were a means of extracting money from people in return for false promises and material non-disclosures, such as Hubbard's own writing and statements including but not limited to "Let's form a religion, that's where the real money is" and "Make money, make money and make more money." Moreover, and contrary to Defendants misrepresentations to Plaintiffs, once he was enticed into the cult through high pressure sales techniques and even other less savory methods were used to extract everything he owned and everything he could borrow as well. Defendants misrepresented to Plaintiff that Scientology could benefit his life in ways that only corresponded to the Plaintiff's "buttons" to extract more money from him and from of others which was not the truth.
170. Contrary to Plaintiff's material and fraudulent misrepresentations and material and fraudulent omissions, the Bridge to Total Freedom, and all of Defendants' writings, teachings and upper levels, are a form of `bait-and- switch' fraud in that what Plaintiff was told he was buying turned out to be something different and materially much more expensive. Contrary to Defendants' fraudulent and material misrepresentations, and material non- disclosures, the aforesaid 'bait-and-switch' fraud is now known by Plaintiff to work as follows, and had Defendants disclosed these matters to Plaintiff at the time they recruited him he would never have purchased their "courses":
a. Person With A Clipboard.
Contrary to Defendants' misrepresentations and material non-disclosures, Plaintiff now knows that Defendants' first "suck the prospects" in with a fake survey to get them into conversation about how the world could be a better place and how they themselves could be happier. Defendants do this to persuade the "raw meat" to come back to Defendants' premises where they can be worked on further.
b. Misleading Personality Test.
Defendants then persuade persons such as Plaintiff to do a 200 question personality test which is designed to indicate weaknesses in a person's character or failing in their life that Defendants will use to sell them a Scientology course and Plaintiff now knows that no one ever passes Defendants' misleading personality test and that all persons who take it are urged to engage in corrective Scientology counseling.
c. The First Course.
Defendants' used the results of the personality test to find the "wogs" weakest aspects which they call the person's "ruin" and they persuade them to do an affordable course that they claim will improve the person's life such as was claimed to Plaintiff in Paris, France in 1973.
d. Dianetics "Auditing".
After the course and its mediocre results, Defendants tell the person that what they really need is Dianetics "Auditing". Plaintiff, and others, were told that they have mental blocks "engrams" and that once these are removed then they will healthier and happier and will have a hugely improved memory. By then, Plaintiff was spending more money than he had intended, but for Plaintiff it was affordable at that time.
e. Enter Scientology.
During his Dianetics "Auditing" the Plaintiff, and other such "prospects", was tricked into giving away details of his life that he would not normally have told others. Defendants intended to obtain weaknesses that they could exploit to obtain more monies. Defendants' practices against Plaintiff in this regard were also hypnotic in their affects and produced a euphoria such as to cause Plaintiff, and other persons, to become mildly "hooked." Although, Plaintiff found the results hard-earned and temporary, he was then persuaded he needed, not Dianetics, but Scientology processing which is much more expensive. But by this time Defendants' deception had hooked Plaintiff and he hoped that it would, and relied upon Defendants' representations that he would get, the changes in his life that was promised by Defendants and their agents.
f. The "Purification Rundown".
Plaintiff, in early 1979, was told that the reason he was not getting the benefits he expected was due to impurities in his body, especially drugs (either street drugs or prescription). Plaintiff, like other "prospects" was told that drugs are evil and must be removed from his body (even through Defendants' failed to advise him that the founder of Scientology, L. Ron Hubbard, was himself a drug addict whose dead body was discovered with ten (10) puncture marks which his own doctor admitted resulted from the administration of psychiatric drugs contrary to Scientology's teachings to the contrary) and then all will be well. The "Purification Rundown" was sold to Plaintiff. The "Purification Rundown" involved spending many hours each day in a very hot sauna for a number of weeks, while taking huge and dangerous doses of vitamins and minerals. During this altered mental state, Plaintiff was being worked on by Defendants' agents.
g. Scientology Auditor Training.
The next significant sale that Defendants made to Plaintiff was "Auditor" training. Plaintiff was told that getting "professional" Scientology training would cost from $150 to $300 per hour but that it would be cheaper for him to train as an auditor himself and receive auditing from somebody he was training with (called "co-auditing"). Defendants sold Plaintiff this training. Defendants induced Plaintiff to engage in extensive such training, as set forth herein, including but not limited to Level Two (2) auditor training, security checking, the false purpose rundown and solo auditing.
h. The E-Meter.
In order to train as an auditor, Defendants required Plaintiff to purchase a device called an "E-Meter" which in reality is a primitive lie detector which is sold for sums in excess of $3,000, and sometimes as much as $30,000, even though the components are worth less than $400 and at least one United States Court has held that, although not conclusive, such pricing is indicative of financial fraud being carried out by Defendants upon persons such as Plaintiff.
i. Repair Auditing.
On the basis of Defendants fraudulent misrepresentations and material non- disclosures, Plaintiff paid many tens of thousands of dollars in order to train as an auditor without being told that "auditing" is a never-ending and costly affair, and that it can be addictive and that it can lead to ill health, depression, mental problems, psychotic breaks ("PTS Type III) phenomena, suicide and death from the use of the E-Meter, and Nots 34, as a substitute for regular medical attention. In this regard, Defendants' failed to disclose to Plaintiff the deaths of Lisa McPherson, Roxanne Friend, Noah Lottick, Yvonne Jentzch, Miscaviges' mother-in-law Flo Barnett, Quentin Hubbard, Susan Meister and many many others.
Such problems, due to Defendants' fraudulent misrepresentations and material non-disclosures, required him to purchase "repair auditing" at the higher cost he had been assiduously trying to avoid. Plaintiff was then persuaded by Defendants that "professional" auditing is what he really needed, rather than "co-auditing" through training and that he needed several twelve and one-half 1/2 hour "intensives" of it, seven or eight intensives being typical in his and other cases.
j. "C/S ing."
Although Plaintiff paid exorbitant sums of money for auditing he still ran into problems and did not seem to be getting the benefits Defendants' represented he would, and that he had hoped for. His "case" was then reviewed by a "Case Supervisor" (or "C/S" for short). Plaintiff was C/S ed at various of Defendants' "Advanced Centers" where the auditing cost was about double that charged at other of Defendants' locations. Plaintiffs C/S spent over two days going through Plaintiff's auditing records (called "FOLDERS") at a cost of many hundreds of dollars per hour extracted by, and paid to, Defendants. Plaintiff, like so many other Scientologists, then handed over his money from then on in the hope that his "ruin" would be "handled". By this time, Plaintiff was enthusing a great deal over each piece of auditing he received from Defendants in order to try and avoid this expensive C/S ing and wrote "rave" "Success Stories" that other people being audited would see pinned up on the notice boards to induce them to purchase more of this "auditing" on the basis of such "success stories" that he and other Scientologists (including celebrity Scientologists) were required to write to perpetrate Defendants fraud and unwittingly make Plaintiff and others a part of that fraud.
k. The State of "Clear".
When Defendants decided that Plaintiff had been cleared of all "engrams" he was permitted to attain the state of "Clear". However, instead of qualifying for the state of "clear" after receiving all of the gains that had been promised Plaintiff in the `Dianetics' book, `Scientology, A World Religion Emerges in the Space Age', the `Science of Survival', the `Second Dynamic' and other of Defendants plagiarized, falsely copyrighted, falsely trade secreted and otherwise misused intellectual property, Plaintiff qualified for the State of Clear by "erasing" "engrams" but the result was not as written in DMSMH. In other words, Defendants taught Plaintiff how to qualify for the state of clear by "marking up" or making up the whole thing. Although Plaintiff had paid Defendants approximately $50,000 or more at this point in time, in order to reach the supposed state of "Clear", he had not received all the benefits he had been promised from this state of "Clear". Defendants then told Plaintiff that he was Clear but "only on the first dynamic" (meaning relating to himself) and that Plaintiff was now at "risk" and must progress further up the "Bridge to Total Freedom."
l. "O.T." Levels.
Having gone Clear, Defendants then induced Plaintiff to believe that not only would he get all he ever dreamed of, and handle his "ruin", out of the O.T. levels and that he would get special powers as well and that such were just around the corner. Plaintiff was persuaded to sell almost everything had, to take out huge loans under false representations, material non- disclosures, and pretenses to do these O.T. levels, and to sign under duress, coercion and mental manipulation an agreement that he would not tell anybody about the contents of the O.T. levels not knowing that Defendants' purpose in doing so was their fear that the O.T. levels were such science fiction and quackery and that the Defendants' organization would stop making more money if their contents were common knowledge.
Plaintiff paid thousands of dollars to embark upon his O.T. levels. Although Plaintiff had paid thousands of dollars for the OT 1 religious training he found it very simple and to be merely a walk around town spotting things. However, Defendants convinced Plaintiff that he should be happy because he had had a "win" (i.e., felt good) and that the real high powered stuff, that would make him a super being with extraordinary powers, was just around the corner.
Defendants' misrepresentations and material non-disclosures, induced Plaintiff to undergo OT 2 processing in which Defendants supposedly audited out "dichotomies" that are supposedly complex in the mind at a very deep level that was stopping Plaintiff's mind from achieving super normal powers. Defendants taught Plaintiff that long ago Thetan's (spirits) were trapped and implanted with contradictory suggestions while being tortured. Defendants induced Plaintiff to undergo O.T.II processing using the E-Meter as a guide for the purpose of stripping away the "charge" of these implants.
o. OTIII (Xenu and "Body Thetans").
Defendants next induced Plaintiff to pay many thousands of dollars for the OTIII level or purported "end phenomenon" ("freedom from overwhelm"). Plaintiff was required to sign a waiver, to the effect, that any damage or injury he suffered during OT3 auditing was his own responsibility. Defendants then taught Plaintiff that seventy million years ago, our planet, then called Teegeeack, had been one of the seventy six planets of the galactic confederation which was badly over populated, with tens of billions on each planet. Xenu, the president of the galactic confederation, had ruled that the excess population should be sent to Teegeeack (Earth) in propeller-driven DC-8's, put inside volcanoes (which geologically didn't exist at the time) and subjected to nuclear explosions many times more powerful than the atomic bombs dropped on Japan in 1945. Defendants further taught Plaintiff that the spirits, or "Thetans", of the victims, were then "implanted" with religious and technological images for thirty-six days before being sent to either Hawaii or Las Palmas to be stuck together into "clusters". Defendants further taught Plaintiff that human beings were actually a collections of Thetans, a cluster of body Thetans, and that Xenu had been rounded up six years after the event and was now imprisoned in a mountain in an unspecified but now know to be in the Pacific Northwest of the United States. Defendants further taught Plaintiff about an earlier incident of some four quadrillion years ago when unsuspecting Thetans was subjected to short, high volume waves of light and "shattering series of snaps" and then saw a chariot with a trumpeting cherub and that after a loud set of cracks the Thetan was overwhelmed by darkness and that this was an implant which was supposedly the gateway to our Universe. Defendants further taught Plaintiff that if he mishandled this information he could die from "freewheeling" through the 36-day implant without sleep and die of exhaustion and pneumonia and that anyone remembering this material would also die. Defendants did not tell Plaintiff the information that they have temporarily convinced the United States District Court for the Central District Court of California to seal in the case of CSI v. Fishman & Gertz Case No. CV 91-6426-HLH, to wit, the many persons (including certain Scientology celebrity members) have suffered psychotic breaks whilst undergoing OTIII processing.
p. OTIV - "The OT Drug Rundown".
By this point in time, Defendants had induced Plaintiff to part with over $100,000 and Plaintiff reasonably concluded that with all his body Thetans gone he should have gained the promised happiness, super powers and power with which to exteriorize from his body and travel to far away places without his body which could be left behind and picked up later. In what Plaintiff now concludes was a classic `bait-and-switch' financial fraud perpetrated upon him by Defendants in the name of religion, Plaintiff was then told he had thousands more body Thetan's inside him that would have to be given their own audited "Purification Rundown", only this time Defendants called it the "OT Drug Rundown". By this point, Defendants had so brainwashed, mentally manipulated, hypnotically induced and otherwise coercively indoctrinated Plaintiff that he was incapable of stopping and wondering why his original "purification rundown" didn't do both jobs and was therefore induced to part with many more thousands of dollars to pay for the auditing of the body Thetans themselves that were trapped within his body. Plaintiff had to pay for the auditing of these BT's and because they could not pay the requisite `fixed donations' to Defendants whose `Doctrine of Exchange' prohibits anyone from receiving Scientology training unless the tax free `Fixed Donations' arbitrarily charged and changed by Defendants were paid by Plaintiff.
q. OTV - "NOTs" (New Era Dianetics For OTs).
After completing OTIV, Defendants induced Plaintiff to undergo OTV and the NOTs materials which are known as "the living lightning of life itself" which Plaintiff was dismayed to find also dealt wholly, solely and only with body Thetans. However, Plaintiff discovered this time the course was being delivered to dead space aliens who could not pay for this processing and so Plaintiff had to write the check to Defendants in order that these dead space aliens receive Scientology processing.
r. Suppressive Body Thetans.
Defendants then induced Plaintiff to part with even more money, by this time, several hundred thousand dollars in the aggregate, on the misrepresentation that although Plaintiff still did not have the "gains" that he had hoped for it was due to "suppressive body Thetans" inside him that could be "handled" or during further twelve and one-half "intensives" at approximately $600 dollars an hour.
s. OTVI and OTVII - Dead Body Thetans.
Although Plaintiff had been induced to pay Defendants several hundred thousands of dollars at this point in time, for religious counseling, he still had not received the benefits he expected or had handled his "ruin" as initially promised by Defendants. Instead, Defendants then told Plaintiff that he had thousands more dead, or near dead body Thetans inside him and that he must now use his mental powers to send beams and commands into his body to drive these body Thetans out. Defendants even told Plaintiff to use an imaginary hand called a "Thetan Hand" to cut these body Thetans away and to scoop them out of his body. By this point and time, Defendants' fraudulent misrepresentations and material non-disclosures, had caused him to spend over $300,000 in the pursuit of "handling" his homosexuality and becoming a person with super powers, "handled past lives", the ability to leave his body by way of "exteriorization" and the prospect of picking up a much better body when he dropped his body at the end of this life and moved onto the next life. Plaintiff knew that Defendants naval uniformed paramilitary Sea Org members had signed solemn contracts to serve Defendants for the next one billion years and that they would do so by picking up new bodies at the end of each life until they had served out the terms of their billion year contract in exchange for pay in the amount of $30.00 per week.
t. New OTVIII.
Defendants then induced Plaintiff to pay a further sum, then in excess of $15,000 (but now approximately $41,000) to undergo OTVIII processing which Defendants misrepresented would finally handle or cure his "ruins" by making him very "O.T.", and provide him with the promised super powers over matter, energy, space and time ("at cause" over "MEST"). Contrary to Defendants representations, the only significant thing that for a "Bridge to Freedom", Plaintiff learned on the OTVIII level, after paying Defendants approximately $500,000, was Hubbard's statement that "Now he knew who he wasn't, he was interested in finding out who he was." Furthermore, and contrary to Plaintiff's fraudulent misrepresentations, Plaintiff's homosexuality had not been handled or cured and he was still gay.
u. Plaintiff was promised, in writing, by L. Ron Hubbard, in a Policy Letter called "O.T. Orgs" that OTVIII contained technology that would "blow all stops" in the life of persons, such as Plaintiff. As Plaintiff discovered, since OTVIII refers to rekindling failed purposes, and thereby "blowing all stops" in not having OT abilities. However, and contrary to these earlier representations, when Plaintiff did what is called "New O.T. VIII" there was no such process or technology contained within it. Accordingly, a further fraudulent misrepresentation had been perpetrated by Defendants upon Plaintiff since he had paid substantial monies for the O.T. VIII "rekindling failed purposes technology." RTC, and other of the Defendants herein, thereby prevented Plaintiff from receiving what had been promised him by Hubbard himself. Significantly, "New O.T. VIII" was completed, by L. Ron Hubbard himself, at least Plaintiff believes so at the time, because Defendants had delivered him a verbal "New Year's message" purportedly from Hubbard himself at the Scientology "New Year's event" on December 31, 1995, nine years after Hubbard's death. Plaintiff has now learned that said New Year's message was delivered by Defendants using a faked voice of Hubbard produced by a method using a voice synthesizer and therefore, it not being a message from Hubbard himself, Defendants had further defrauded Plaintiff. Plaintiff's purchase of the level of New OT VIII was after he heard that publicly broadcast Defendants' represented was from Hubbard himself. Defendants' failure to deliver OTVIII as described in the said Policy Letter constitutes further fraud perpetrated upon Plaintiff by Defendants. The apparent removal of the technology of Hubbard's original OTVIII, by Defendant's Miscavige, RTC, Mitoff and others, was a intentional disimpowerment of the Plaintiff through the withholding of technology that may otherwise "blow all stops" in the life of the Plaintiff, such as his "ruin" or homosexuality, which was what Plaintiff had expressly paid Defendants to receive.
171. Plaintiff also personally knew Quentin Hubbard in 1976 in Clearwater, Florida. Plaintiff now knows that since Quentin Hubbard was a Class 12 Auditor, yet was still homosexual, and he was living proof that Scientology does not work and therefore became a liability to his father L. Ron Hubbard and the Scientology enterprise. Although Plaintiff did not receive the promised gains from OTVIII processing, he was lead to believe that he had stupidly "misowned" some of the mental anguish that had cropped up on his extremely expensive prior auditing and that now he had to correctly adjudge the true ownership of the mental anguish and it would "blow," and when all of that was "blown," and there would be "Truth Revealed". However, at this point, like Hubbard said, Plaintiff now didn't know who he really was. Moreover, at this point in time, Plaintiff had been so brainwashed by Defendants, and trapped in such a web of deceit of Defendants' creation, subjected to intensive thought reform, hypnosis and subjected to the control of other Scientology members, that he believed Plaintiff's fraudulent misrepresentations made through the misuse of copyrights and claims of religious trade secrets enforced by the Federal Courts.
172. In addition to the oral and written misrepresentations made, and set forth above, the material non-disclosures, set forth elsewhere herein, these misrepresentations on the part of all Defendants were also made over the same period of time by way of the various publications, tapes, books, and promotional material supplied by Defendants and their agents to Plaintiff.
173. As set forth herein, the various misrepresentations, and material non- disclosures, made to Plaintiff were false, misleading and untrue in numerous respects, including but not limited to, the said representations concerning the qualifications and life history of L. Ron Hubbard, the scientific basis for Scientology, the source of materials and the "technology," the nature and quality of Scientology services, the "scientific" underpinning for the tenants of Scientology, the validity and proper use of various copyrights and trademarks, and the various benefits, including ongoing good health and being cured of homosexuality, that Plaintiff could expect from purchasing Scientology courses and auditing from Defendants. In addition, Defendants made representations to Plaintiff, from time to time, that problems he believed he was suffering as a result of ill health were not, in fact, health problems, but were problems that could and would be cured by purchasing more services of Scientology, and in particular, by continued auditing, NOTs 34 and certain other NOTs materials that constitute the illegal practice of medicine by Defendants and which Defendant failed to inform Plaintiff of when they recruited him into their religion.
174. In addition to fraudulent misrepresentations, inducing him to part with the monies being claimed herein, Defendants also failed to make material non- disclosures, of the other facts set forth herein, relating to the life history of L. Ron Hubbard, the Satanic and black magic basis for much of his work, the improper registration and use of copyrights and trademarks, the plagiarized the basis of much of his work, the criminal and fraudulent activities of Defendants and others as set forth herein and reported in such publications as Time and other expos‚s, and the various and fraudulent misrepresentations, non-disclosures and other matters connected with Defendants claim to be a peaceful, law abiding and bona fide, legitimate religion and Defendants fraudulent application to the United States Internal Revenue Service, in 1991, for tax exempt status which Defendants blackmailed and otherwise coerced the Commissioner of the United States Internal Revenue Service into granting in 1993 on condition that Defendants activities were in accordance with their fraudulent misrepresentations to the United States Government and that they would conduct their activities, which they had not, in accordance with representations made to United States Government, and the Clinton Administration's Secret Settlement Agreement with Defendants permitting Defendants to monitor their own compliance with the tax laws of the United States despite Defendants' numerous criminal convictions in the United States and in other countries. In addition, Defendants' material non-disclosures of the other criminal and fraudulent conduct set forth herein induced Plaintiff to provide defense with the labor and monies that he did and induced Plaintiff to believe that Defendants were not engaged in activities contrary to their IRS Section 501(c)(3) status including but not limited to unlawful lobbying and improperly pressuring United States government officials, including the President of the United States himself, to utilize the United States' Foreign Policy and Cabinet Officials such as the National Security Advisor, the Secretary of State and United States Special Trade Negotiator, to carry out Defendants' objectives in Germany and to threaten the government of Sweden with trade sanctions, and to actually impose a 301 Special Watch, if it did not remove Defendants' fraudulent and criminal documents, masquerading as religious scriptures, from the publicly available Swedish Parliament and Government file as demanded by Defendants all in violation of Establishment Clause and Excessive Entanglement provisions of the Constitution of the United States.
175. Plaintiff confided total trust in Defendant Miscavige personally during the period from 1982 to June 1997 and in Miscavige's official RTC publications in which he promised to apply the "Keep Scientology Working" Policy Letter and to protect the Scientology public (including Plaintiff) from "out-tech," "off- policy," and/or "squirrel tech." Plaintiff's trust was breached betrayed through Miscavige's failure to restore Plaintiff's O.T. status, the emotional distress, the financial cost and enormous material damage incurred by Plaintiff in all his efforts to clear his name of the false reports and other effects of "Fair Game" applied by Defendants against him from 1991 to June 1997, and even through today. Rather than wear the "hat" he had usurped earlier from Pat Broeker, Miscavige chose to allow no or insufficient Hubbard tech and/or policy to be applied to Plaintiff's distressful condition and allowed the destruction and distress to fully overwhelm Plaintiff. Personal letters from Defendant Miscavige to Plaintiff, contain Miscavige's promise to see to a complete and final resolution, the injustices perpetrated upon Plaintiff by Defendants, yet even after the 1996 Board of Review, Defendant Miscavige still failed to keep the promises made in publications and personal letters from Miscavige to Plaintiff. Miscavige assigned no "conditions" to those "guilty" of "false reporting" on Plaintiff, did not apply "KSW No. 1" to all the "points" fully reported by Plaintiff to RTC since April 1991 and permitted all the disastrous results that harmed Plaintiff so detrimentally. During the period of the fraud personally perpetrated on Plaintiff by Defendant Miscavige in pretending that as the COB of RTC, etc., he had unique and percipient knowledge of Plaintiff's distress through reports sent to RTC, letters to and from Plaintiff and in a personal meeting with Plaintiff in June 1993. Miscavige misrepresented himself as the `source' of ultimate recourse, but refused to exercise full recourse, including financial, in favor of Plaintiff and to Plaintiff's detriment, and all to the unjust enrichment of the Defendants.
FIRST CAUSE OF ACTION
(Against All Defendants and Does 1 through 500, Inclusive, for Racketeering, 18 U.S.C. Section 1962(a))
176. Plaintiffs refer to and incorporate by reference each and every paragraph set forth above as though fully set forth herein.
177. This cause of action against all Defendants arises under the Racketeering Influenced and Corrupt Organizations Act (18 U.S.C. Section 1961, et seq.) ("RICO"), and more particularly under 18 U.S.C. Sections 1962(a) and 1964.
178. Defendants are persons within the meaning of 18 U.S.C. Sections 1961(3) and 1962(a).
179. The Defendants, and each of them, have conspired to and/or engaged in a pattern of racketeering as described 18 U.S.C. Section 1961(5), which requires the commission of two acts of racketeering activity (as defined in 18 U.S.C. Section 1961(1)) within ten years last past, with at least one such act having occurred after October 10, 1970. Defendants have participated in the following acts of racketeering activity:
a. Acts or threats involving kidnapping or extortion, chargeable under state law and punishable for more than one year (18 U.S.C. Section 1961(1)(A));
b. Mail fraud (18 U.S.C. Section 1341);
c. Wire Fraud (18 U.S.C. Section 1343);
d. Obstruction of justice (18 U.S.C. Section 1503);
e. Obstruction of criminal investigations (18 U.S.C. Section 1510);
f. Tampering with a witness, victim or informant (18 U.S.C. Section 1512);
g. Retaliation against a witness, victim or informant (18 U.S.C. Section 1513);
h. Interference with commerce by threats or violence (18 U.S.C. Section 1951);
i. Interstate and foreign travel or transportation in aid of racketeering enterprises (18 U.S.C. Section 1952); and
j. Interstate transportation of stolen property (18 U.S.C. Sections 2314, 2314). The above acts were committed in furtherance of a common purpose, scheme and plan.
180. Defendants have acted in concert, as an association in fact, to form an enterprise within the meaning of 18 U.S.C. Section 1961(4) and to unlawfully acquire income derived from a pattern of racketeering.
181. Defendants, and each of them, have received income derived directly and indirectly from the pattern of racketeering set forth herein, and have used or invested, directly or indirectly, the proceeds of such income to acquire interests in and to establish the operation of enterprises in the United States and abroad, whose activities affect both foreign and interstate commerce.
182. As a direct and proximate result of Defendants' pattern of racketeering activity conducted in violation of 18 U.S.C. Section 1962(a), Plaintiff has been injured in his business and property in an amount not presently tabulated or ascertained. Accordingly, Plaintiff is entitled to recover treble the damages sustained as a result of Defendants' racketeering activities and costs of this suit, including a reasonable attorney's fee, and any permissible lodestar, pursuant to 18 U.S.C. Section 1964(c) and other applicable law.
SECOND CAUSE OF ACTION
(Against All Defendants and Does 1-500, Inclusive, for Racketeering, 18 U.S.C. Section 1962(b))
183. Plaintiff refers to and incorporates by reference each and every paragraph set forth above as though each were fully set forth herein.
184. This cause of action against all Defendants arises under the Racketeering Influence and Corrupt Organizations Act (18 U.S.C. Section 1961, et seq.) ("RICO") and more particularly under 18 U.S.C. Sections 1962(b) and 1964.
185. Defendants are persons within the meaning of 18 U.S.C. Sections 1961(3) and 1962(b).
186. Defendants, and each of them, acting in concert, and in furtherance of a common purpose, scheme and plan, have, through an unlawful pattern of racketeering, directly and indirectly, acquired and maintained interests in and control of numerous business and property interests in the United States and abroad, (enterprises within the meaning of 18 U.S.C. Section 1961(4)) which are engaged in, and/or which have activities which affect interstate and foreign commerce, all in violation of 18 U.S.C. Section 1962(b).
187. As a direct and proximate result of Defendants' pattern of racketeering activity conducted in violation of 18 U.S.C. Section 1962(b), Plaintiff has been injured in his business and property in an amount not presently tabulated or ascertained. Accordingly, Plaintiff is entitled to recover treble the damage sustained as a result of Defendants' racketeering activity conducted in violation of 18 U.S.C. Section 1962(b) and his costs of suit, including a reasonable attorney's fee, and any permissible lodestar, pursuant to 18 U.S.C. Section 1964(c) and other applicable law.
THIRD CAUSE OF ACTION
(Against All Defendants and Does 1 through 500, Inclusive, for Racketeering, 18 U.S.C. Section 1962(c))
188. Plaintiff refers to and incorporates by reference each and every paragraph set forth above as though each were fully set forth herein.
189. This cause of action arises under the racketeering laws of the United States, the Racketeering Influenced and Corrupt Organizations Act (18 U.S.C. Section 1961, et seq.) ("RICO"), and more particularly under 18 U.S.C. Sections 1962(c) and 1964.
190. Defendants, and each of them, acting in concert and in furtherance of a common purpose, scheme and plan, have been associated with and/or employed by enterprises engaged in, and/or whose activities affect, interstate and/or foreign commerce and have conducted and/or participated in, directly and indirectly, the conduct of said enterprises' affairs through a pattern of racketeering activity.
191. As a direct and proximate result of Defendants' pattern of racketeering activity conducted in violation of 18 U.S.C Section 1962(c), Plaintiff has been injured in his business and his property in an amount not presently ascertained. Accordingly, Plaintiff is entitled to recover treble the damages sustained as a result of Defendants' racketeering activity conducted in violation of 18 U.S.C. Section 1962(c), and Plaintiff's costs of suit, including a reasonable attorney's fee, and any permissible lodestar, pursuant to 18 U.S.C. Section 1964(c) and other applicable law.
FOURTH CAUSE OF ACTION
(Against all Defendants and Does 1 through 500, Inclusive, for Racketeering 18 U.S.C. Section 1962(d))
192. Plaintiff refers to and incorporates by reference each and every paragraph set forth above as though each were fully set forth herein.
193. This cause of action against all Defendants arises under the racketeering laws of the United States, the Racketeering Influenced and Corrupt Organizations Act (18 U.S.C. 1961, et seq.) (RICO), and more particularly under 18 U.S.C. Sections 1962(d) and 1964.
194. Defendants, and each of them, have violated 18 U.S.C. Section 1962(d) by conspiring to invest the proceeds and income derived from a pattern of racketeering activity in the acquisition of interests in and the establishment and operation of enterprises, as set forth above, in violation of 18 U.S.C. Section 1962(b).
195. Defendants, and each of them, have violated 18 U.S.C. Section 1962(d) by conspiring to acquire interests in and maintain and control numerous enterprises in the United States and abroad through a pattern of racketeering, as set forth above, in violation of 18 U.S.C. Section 1962(b).
196. Defendants, and each of them, have violated 18 U.S.C. Section 1962(d) by conspiring to participate in and conduct the affairs of various enterprises through a pattern of racketeering activity, as set forth above, in violation of 18 U.S.C. Section 1962(c).
197. As a direct and proximate result of Defendants' conspiracy to conduct racketeering activity in violation of 18 U.S.C. Sections 1962(a)-(c), Plaintiff has been injured in his business and property in an amount not presently ascertained. Accordingly, Plaintiff is entitled to recover treble the damages sustained as a result of Defendants' conspiracy to engage in a pattern of racketeering activity in violation of 18 U.S.C. Sections 1962(a)-(d), and Plaintiffs' costs of suit, including a reasonable attorney's fee, and any permissible lodestar, pursuant to 18 U.S.C. Section 1964(c) and other applicable law.
FIFTH CAUSE OF ACTION
(Against All Defendants and Does 1 through 500, Inclusive, for Invasion of Privacy)
198. Plaintiff refers to and incorporates by reference each and every paragraph set forth above as though each were fully set forth herein.
199. Plaintiff has heretofore availed himself of certain purported "counseling" services offered by Scientology. In the course of said counseling services, Scientology represented that Scientology was a benevolent, law-abiding organization and that confidences given by Plaintiff would be maintained inviolate.
200. Plaintiff, in reasonable reliance upon such represen-tations, including the representation of confidentiality, made disclosures to persons holding themselves out as religious counselors under the aegis and authority of Scientology.
201. These Defendants held themselves out, among other things, to be "religious" organizations and endeavor to gain the trust and confidence of those who come to them seeking guidance. As a consequence of these representations, these Defendants owed a fiduciary duty to Plaintiff, including a duty to keep matters confided to them in the strictest confidence.
202. Plaintiff is aware that during the course of counseling sessions provided by these Defendants, the "counselor" took written notes of the confidential information imparted during the alleged counseling sessions. The confidential information was collated in documents known as "Pre-Clear Files" ("PC Files") and "Ethics Files."
203. In violation of their fiduciary duty to maintain the confidentiality of material gained during the counseling sessions, these Defendants, through their agents, servants, counselors and employees, have attempted to disclose the confidential material to third parties, and are likely to continue to engage in such unethical conduct, for extortionate purposes and other objectives that Defendants, and others such as Tom Cruise, Nicole Kidman, Kirsty Alley, Lisa Maria Presley and others have at the very least condemned, espoused or contrary to what most United States Citizen's would consider contrary to the peace, order and good government of these United States; and contrary to these Defendants' obligations to these United States because of Defendants' subversive and treasonous beliefs, practices, misrepresentations, and non-disclosures whether or not cloaked in the fraudulent misuse of the protections of the First Amendment to the United States Constitution; or otherwise resulting from Defendants' and each of them, including Does 1-500, being part of the herein described conspiracy to, at certain relevant times, to "utterly destroy" Plaintiff and all those acting in his behest or on his behalf.
204. As a direct and proximate result of the acts alleged herein and other acts constituting tortious invasion of privacy, Plaintiff has incurred, and continues to incur, damages, including damages for emotional distress. These damages are not presently calculable, and Plaintiff will seek leave to amend this complaint to conform to proof presented at trial.
205. Plaintiff seeks the return of the PC Files and Ethics Files as well as any and all copies of such contents so that these Defendants, and the Scientology enterprise, will be unable to compromise further the confidences entrusted to them by Plaintiff.
206. These Defendants, and each of them, engaged in said invasion of privacy with the specific intent to injure Plaintiff and his business and society. This conduct is despicable, oppressive, malicious and done in conscious disregard of Plaintiffs' rights. Therefore, Plaintiff requests exemplary and punitive damages in an amount subject to proof at time of trial of this matter.
SIXTH CAUSE OF ACTION
(Against All Defendants and Does 1 through 500, Inclusive for Intentional Infliction of Emotional Distress)
207. Plaintiff refers to and incorporates by reference each and every paragraph set forth above as though each were fully set forth herein.
208. Defendants' conduct as set out in the complaint above was intentional and malicious and done for the purpose of causing Plaintiff to suffer humiliation, mental anguish, emotional and physical distress. The conduct of Defendants in confirming and ratifying that conduct was done with the intent that Plaintiff's emotional and physical distress would thereby increase upon application of the indoctrination techniques used by Defendants. Such conduct was done with a conscious and reckless disregard for the consequences to Plaintiff's physical and emotional well being.
209. As the proximate result of the aforementioned intentional acts of the Defendants, Plaintiff has suffered humiliation, mental anguish, emotional and physical distress, and have been injured in mind and body. These damages are not presently calculable, and Plaintiff will seek leave to amend this complaint to conform to proof presented at trial.
210. The aforementioned acts of Defendants were willful, wanton, despicable, malicious and oppressive and justify the awarding of exemplary and punitive damages in an amount subject to proof at the time of trial of this matter.
SEVENTH CAUSE OF ACTION
(Against All Defendants and Does 1 through 500, Inclusive for Fraud (Misrepresentation of Tax Exempt Status and Charitable Nature)
211. Plaintiff refers to and incorporates by reference each and every paragraph set forth above as though each were fully set forth herein.
212. Throughout the period that the Plaintiff was a member of the Church of Scientology, Defendants and their agents and employees continuously made and provided the Plaintiff with written representations that the Church of Scientology was a peaceful, law-abiding, tax-exempt, non-profit religious charitable organization that was compatible with the concurrent practice of other religions and that would cure him of his "ruin" otherwise known, in his specific "Case" as homosexually or being "Out 2-D" in Defendants' parlance.
213. The aforesaid representations were false because:
a. The Defendants had made a business out of selling religion;
b. A substantial part of the income inured to the benefit of L. Ron Hubbard and his family and now inures to the benefit of the Sea Org. generally, certain senior Sea Org. officers specifically and a legion of lawyers controlling and representing the Church. For example, from at least 1980 until January 1986, the individual Defendants conspired to divert many of millions of dollars from the Church of Scientology to L. Ron Hubbard.
c. The Defendant violated public policy by conspiring to defraud the United States government and by using their tax-exempt income to finance overtly criminal acts described above;
d. In 1967, for failing to comply with the rules and regulations of the Internal Revenue Service tax-exempt corporations, the IRS removed the Church of Scientology of California, the mother Church, from the roster of tax-exempt organizations. The decision to strip the Church of Scientology of California of its tax-exemption was upheld by the U.S. Tax Court in 1984.
214. Defendants, their agents and employees, made the representations described above with the intent that the Plaintiff act and rely upon the representations made. The Defendants knew or should have known the representations were false.
215. Plaintiff relied upon the representations described above and said representations were material influences in inducing Plaintiff to pay "money, more money, and even more money," to the Defendants and provide numerous hours of labor for the Defendants for little or no compensation. If Plaintiff had known that the Church of Scientology was not a tax-exempt organization, that the money he gave to Scientology was being directed to L. Ron Hubbard, or that the Defendants were involved in overt criminal acts, he would not have paid said money or provided said labor.
216. The aforementioned acts of Defendants were willful, wanton, despicable, malicious and oppressive and justify the awarding of exemplary and punitive damages in an amount subject to proof at the time of trial of this matter.
EIGHTH CAUSE OF ACTION
(Fraud (Receipt of Money by Hubbard and his Successors))
217. Plaintiff refers to and incorporates by reference each and every paragraph set forth above as though each were fully set forth herein.
218. Throughout the period that the Plaintiff was a member of the Church of Scientology, Defendants, their agents and employees continuously made written representations that L. Ron Hubbard, David Miscavige, Pat Broeker and other individuals did not receive any of the money Plaintiff paid to the Church of Scientology, that L. Ron Hubbard was never paid for his Scientology research, that L. Ron Hubbard forgave a $13-1/2 million dollar debt the Churches of Scientology owed him, that L. Ron Hubbard never received any royalties from the Church of Scientology, that he donated his royalties for a best-seller to the Church of Scientology and never received any royalties from it, and that he drew less pay from the Church of Scientology that an org staff member (about $30.00 a week). These representations were included in publications entitled "What Your Fees Buy" and other publications and were made available to the Plaintiff.
219. Contrary to the written representations described above, L. Ron Hubbard received millions of dollars which had been improperly diverted from the Church of Scientology, never forgave any debts allegedly owed to him by the Churches of Scientology, billed and received from the Church of Scientology millions of dollars for alleged research, received millions of dollars of the Church of Scientology for royalties on his book and trademark, and at times made as much as a million dollars a week from the Churches of Scientology. In fact, L. Ron Hubbard received tens of millions of dollars of Church of Scientology funds, including the diversion of funds to and from Religious Research Foundation, and the payments of millions of dollars from Church of Scientology bank accounts to L. Ron Hubbard bank accounts.
NINTH CAUSE OF ACTION
(Fraud (Misrepresentation of Confidentiality of Auditing Files))
220. Plaintiff refers to and incorporates by reference each and every paragraph set forth above as though each were fully set forth herein.
221. Between 1973 and the present, Defendants, their agents and employees made written representations to the Plaintiff that all information conveyed by a member of Scientology to the Church of Scientology during a Scientology process known as an o/w write-up or auditing was to be strictly confidential and was never to be revealed to anyone except the member's auditor or case supervisor. Under no circumstances, the Plaintiff was informed in writing, would information disclosed in auditing ever be used against the person providing the information. The information obtained was taken down in files or folders (hereinafter referred to as auditing or "PC" files) called "preclear," "PC," "processing," "auditing," "confessional," or "ethics" files.
222. From at least 1969 until the present, Defendants have had a secret written policy to extract the confidential information from "PC" files and use it for purposes of blackmail and extortion, in violation of the above representations. This policy was written by Defendant Mary Sue Hubbard and has been extensively implemented by Defendants. Although, a material matter to Plaintiff, Defendants' failed to disclose the existence of this practice to the Plaintiff.
TENTH CAUSE OF ACTION
(Fraud (Misrepresentations of Hubbard's Background, Achievements and Character))
223. Plaintiff refers to and incorporates by reference each and every paragraph set forth above as though each were fully set forth herein.
224. Throughout the period that the Plaintiff was a member of the Church of Scientology, numerous written representations about L. Ron Hubbard were made to the Plaintiff. These written representations were included in numerous books and publications written by or concerning L. Ron Hubbard which Defendants required Plaintiff to read. These representations included:
a. L. Ron Hubbard was a nuclear physicist who had conducted over thirty years of scientific research into the nature and causes of disease, the nature of the mind, and the nature of human organizations.
b. Hubbard had served for four years in combat in the United States Navy during World War II, that he was one of the most highly decorated officers during the war, that he was severely wounded in combat, that he was twice pronounced medically dead and that he cured himself with Dianetics.
c. Hubbard had travelled for years in the Far East and Asia, studying with great Eastern religious leaders and that he was able, in part, to formulate Scientology because of his knowledge of the East.
d. L. Ron Hubbard's health was perfect as a result of personal applications of the principles of Dianetics and Scientology.
e. L. Ron Hubbard was a person of unquestionable integrity, motivated solely by benevolent purposes, with no interest in exploiting Scientology to make money for himself.
225. The above representations are false. In fact, Plaintiff is informed and believes and based thereon alleges as follows:
a. Hubbard received a failing grade in the only physics course that he took at George Washington University and was dismissed for poor academic performance after attending for one and one-half semesters;
b. The only degree Hubbard ever received was from a mail-order college which he created or owned in the early 1950's;
c. Hubbard did not serve in combat during World War II and was relieved of duty on at least three occasions while serving in the United States Navy;
d. During the end of his military service, Hubbard was a psychiatric in- patient at Oak Knoll Military Hospital;
e. Hubbard was never pronounced dead and never received any war wounds;
f. Hubbard has, from at least 1945 to the January 1986, suffered from chronic duodenal ulcers, arthritis, bursitis, skeletal weakness, diabetes, pulmonary embolisms and a host of other diseases and ailments;
g. Hubbard married his second wife, Sara Northrop, while still married to his first wife, Margaret Louise Grubb; Hubbard practiced ritual abortions on both his first and second wives, attempted to murder his second wife and lied on camera, to Granada television about the number of wives he had;
h. Hubbard was arrested and convicted of petty theft in 1947;
i. Those Dianetics and Scientology corporations formed by Hubbard were not formed for benevolent purposes but were conceived for the stated intention to solely make money through deceit and misrepresentation;
j. Hubbard knew and stated that Dianetics and Scientology were formed as a religious front to enable Hubbard to make huge sums of money.
226. The Defendants knew or should have known the representations set forth herein were false, but permitted them to be made to the Plaintiff. Defendants, their agents and employees, made said representations with the intent that the Plaintiff act and rely upon the representations made.
227. Plaintiff relied upon the representations described above and said representations were material influences in inducing Plaintiff to pay money, more money and even more money to the Defendants and provide numerous hours of labor for the Defendants for little or no compensation. Had Plaintiff known the truth, Plaintiff would have never given money or donated labor to the Defendants. Further, the Defendants acted with malice toward Plaintiff with the intent to oppress Plaintiff and with conscious disregard for Plaintiff's rights and hence, Plaintiff is entitled to punitive damages.
228. In relying upon Defendants' fraudulent misrepresentations, Plaintiff was damaged in the amount of moneys paid, and for labor provided, all of which will be ascertained according to proof.
ELEVENTH CAUSE OF ACTION
(Breach of Fiduciary Duty)
229. Plaintiff restates and realleges all of the allegations contained in Paragraphs 1-66 and incorporates them by reference herein.
230. When soliciting the Plaintiff to join Scientology, Defendants, their agents and employees invited and expected Plaintiff to place his trust in the Defendants and to come to them with his most personal and intimate concerns. Plaintiff did indeed place his confidence in the integrity of the Defendants and Defendants voluntarily accepted such confidence. By encouraging Plaintiff to repose his trust and confidence in their integrity, and by voluntarily accepting such trust and confidence, Defendants assumed a fiduciary duty to the Plaintiff.
231. Plaintiff is informed and believes and based thereon alleges as follows: Defendants breached their fiduciary duties to the Plaintiff by:
a. Permitting a non-officer of the Scientology Churches, L. Ron Hubbard, to control and dominate the Church of Scientology;
b. Failing to disclose to Scientology that a non-officer of the Scientology Churches controlled and dominated the Church of Scientology;
c. Permitting money paid by the Plaintiff and income earned through the Plaintiff's labor to be used to finance overtly criminal operations such as those identified in Paragraphs 32 through 46 of this Complaint;
d. Failing to disclose to Plaintiff that money Plaintiff paid and income earned through Plaintiff's labor was used to finance overtly criminal operations such as those described in Paragraphs 32 through 46 of this Complaint;
e. Permitting Defendants Mary Sue Hubbard, Jane Kember, Anne Broeker, Pat Broeker, David Miscavige, Norman Starkey, Lyman Spurlock, Terri Gamboa, Mark Fisher, Marty Rathbun, Ray Mithoff and Heber Jentzch to assume dominion and control, under L. Ron Hubbard's direction of the Churches of Scientology's assets and property without having corporate authority to do so;
f. Permitting the transfer of millions of dollars of Scientology assets to L. Ron Hubbard through Defendant ASI without corporate authority;
g. Failing to disclose the transfer of millions of dollars of Scientology assets to L. Ron Hubbard through Defendant ASI;
h. Permitting the misrepresentations identified in this Complaint to be made to the Plaintiff and the general public;
i. Failing to disclose to Plaintiff the truth about the misrepresentations identified in this Complaint.
232. Defendants had a fiduciary duty to disclose the facts alleged above and had they done so, Plaintiff would not have given a sum in excess of one-half million dollars to the corporations and Churches of Scientology or provided thousands of hours of labor to the corporations and Churches of Scientology. Due to Defendants' breaches of fiduciary duty, Plaintiff's money and labor never was used for the purposes Plaintiff intended. The Defendants' actions toward Plaintiff were done in malice, with the intent to oppress Plaintiff and with conscious and reckless disregard for Plaintiff's rights, hence Plaintiff is entitled to punitive damages.
233. In relying upon Defendants' fraudulent misrepresentations, Plaintiff was damaged in the amount of moneys paid, and for labor provided, all of which will be ascertained according to proof.
TWELFTH CAUSE OF ACTION
(Against All Defendants and DOES 1 through 500, Inclusive, For Negligent Infliction of Emotional Distress)
234. Plaintiff refers to and incorporates by reference each and every paragraph set forth above as though each were fully set forth herein.
235. During the course of his relationship with the various Defendants, Plaintiff entered into a relationship in which he placed trust in Defendants and their claims concerning the benefits they claimed they were providing to him. During the course of his involvement with the various Defendants, Plaintiff had developed a relationship in which he depended upon the Defendants for his emotional and physical health and well being. Defendants violated this trust. Further, by undertaking to provide Plaintiff with advice and treatment concerning his physical and emotional well being, Defendants had a duty of care toward Plaintiff as to his physical and emotional well being.
236. Plaintiff is informed and believes, and based thereon alleges, that Defendants knew, or should have known, that there conduct was likely to result in causing to suffer severe emotional distress.
237. As a direct and proximate result of Defendants acts, Plaintiff suffered severe emotional distress in the form of fright, grief, shame, humiliation, embarrassment, anger, chagrin, disappointment and worry. Additionally, Plaintiff has suffered damage to his health, loss of income, and loss of earning capacity. All damages set forth herein are subject to proof at time of trial in this matter.
238. The aforementioned acts of Defendants were willful, wanton, despicable, malicious, and oppressive and justify the awarding of exemplary and punitive damages in an amount subject to proof at the time of trial of this matter.
THIRTEENTH CAUSE OF ACTION
(Against All Defendants and DOES 1 through 500, Inclusive, For Assault)
239. Plaintiff refers to and incorporates by reference each and every paragraph set forth above as though each were fully set forth herein.
240. At various times set forth above, Plaintiff was physically assaulted by various agents of Defendants herein, in particular agents and employees of FLAG and other Scientology entities. Among other things, agents of FLAG and the Sea Org and other of the Defendants herein, acting on behalf of Defendants in this matter, physically restrained Plaintiff and held him against his will. During such time, despite his request that he be allowed to do so, Plaintiff was neither allowed to voluntarily leave and was physically restrained from doing so. During his confinement, Plaintiff was in fear of physical assault by the agents or employees of the Defendants.
241. Plaintiff has suffered damages, including loss of income, loss of earning capacity, related expenses and severe emotional distress by reason of the above-mentioned tortious conduct on the part of Defendants and their agents.
242. The aforementioned acts of Defendants were willful, wanton, despicable, malicious, and oppressive and justify the awarding of exemplary and punitive damages in an amount subject to proof at the time of trial of this matter.
FOURTEENTH CAUSE OF ACTION
(Against All Defendants and DOES 1 through 500, Inclusive, For False Imprisonment)
243. Plaintiff refers to and incorporates by reference each and every paragraph set forth above as though each were fully set forth herein.
244. Defendants' conduct, in pertinent part as set forth above, including, but not limited to, Defendants agents, and others acting on behalf of Defendants herein, in confining Plaintiff to a locked room at the Fort Harrison Hotel, and physically restraining him from leaving, was tortious and without any applicable privilege.
245. By reason of the foregoing, Plaintiff has suffered serious injury including, but not limited to, severe emotional distress, related expenses, loss of income and loss of earning capacity.
246. The aforementioned acts of Defendants were willful, wanton, despicable, malicious and oppressive and justify the awarding of exemplary and punitive damages in an amount subject to proof at the time of trial of this matter.
FIFTEENTH CAUSE OF ACTION
(Against All Defendants and DOES 1 through 500, Inclusive, For Defamation)
247. Plaintiff refers to and incorporates by reference, each and every paragraph set forth above, as though each were fully set forth herein.
248. The above statements, including but not limited to those set forth in the said knowledge reports, telexes, suppressive persons declare, and others, were intended to adversely effect Plaintiff in his trade and profession, and to state and imply moral turpitude, neglect, and malice, none of which were true.
249. As a proximate result of the above-described publications, Plaintiff suffered the following special damages: the loss of Plaintiff's occupation at various times, and all of the related privileges thereto, as well as a loss of general esteem in which Plaintiff was held in his community. Plaintiff was shunned by his friends and former business associates and clients. Plaintiff's friends and associates were forced by the Defendants and their agents to "disconnect" from Plaintiff. This is a policy of the Church applied to those individuals who have been declared to be suppressive persons.
250. The above-described unprivileged and defamatory statements were published by the Defendants because of their feelings of hatred and ill-will towards and with a desire to oppress and silence the Plaintiff and to continue to control his body, mind, and earnings. The conduct of Defendants was oppressive, fraudulent and malicious, thereby entitling Plaintiff to an award of punitive damages in an amount to punish and make an example of Defendants.
SIXTEENTH CAUSE OF ACTION
(Against All Defendants and DOES 1 through 500, Inclusive, For Breach of Contract)
251. Plaintiff refers to and incorporates by reference, each and every paragraph set forth above, as though each were fully set forth herein.
252. During the years of the Fall of 1973 through June 1997, and through to the present day, Defendants and their agents entered into both oral and express agreements with Plaintiff, in which Defendants promised Plaintiff certain benefits, including but not limited to the "handling" of his "ruin" and other misrepresentations and promises as more fully set forth above.
253. Based upon such express and oral promises, Plaintiff engaged in professional Scientology training, obtained permanent certification from Defendants, and paid for Scientology auditing and other processing.
254. The conduct of Defendants, in pertinent part, as set forth above, constituted a breach of the oral and express agreements between Plaintiff and Defendants, and upon which Plaintiff had relied.
255. Plaintiff has performed all obligations to Defendants, except those obligations Plaintiff was prevented or excused from performing. Plaintiff suffered damages legally and proximately caused by Defendants breach of agreement. Said damages are in excess of $500,000, the total amount of which will be proven at the time of trial.
SEVENTEENTH CAUSE OF ACTION
(Against All Defendants and DOES 1 through 500, Inclusive, For Breach of Covenant of Good Faith and Fair Dealing)
256. Plaintiff refers to and incorporates by reference, each and every paragraph set forth above, as though each were fully set forth herein.
257. As a result of oral and express agreements between Plaintiff and Defendants with respect to the "handling" of his "ruin", and the other benefits Plaintiff would receive from Scientology training, auditing, and processing, as set forth above, and the because of the relationship which existed between Plaintiff and Defendants, the express and implied promises made in connection therewith, and the acts, conduct and communications which resulted in said express and implied, promises, Defendants covenanted and promised to act in good faith toward and to deal fairly with Plaintiff and concerning all matters related to Plaintiffs receipt of Scientology training, processing, and services, so as not to deprive Plaintiff of or injure his right to receive the benefits of said relationship.
258. Defendants' unilateral action in doing the things set forth above, including but not limited to the arbitrary cancellation of his OT status, constituted a unilateral breach of previous express and oral agreements upon which Plaintiff had relied in entering into said relationship. Such conduct, and acts on behalf of Defendants, was wrongful, in bad faith, and unfair, and therefore a violation of each Defendant's legal duties.
259. As a further direct and proximate result of the aforementioned wrongful conduct of Defendants, Plaintiff has suffered anxiety, worry, mental, physical and emotional distress, and other incidental and consequential damages and expenses in an amount which will be proven at the time of trial.
260. The aforementioned acts of Defendants was willful, wanton, despicable, malicious and oppressive and justify the awarding of exemplary and punitive damages in an amount subject to proof at the time of trial of this matter.
EIGHTEENTH CAUSE OF ACTION
(Against All Defendants and DOES 1 through 500, Inclusive, For Fraud)
261. Plaintiff refers to and incorporates by reference, each and every paragraph set forth above, as though each were fully set forth herein.
262. The foregoing misrepresentations of Defendants, and each of them, were made with no reasonable basis on the part of said Defendants for believing the misrepresentations to be true.
263. Said Defendants, although they should have known of the falsity of their representations, failed to disclosed to Plaintiff, the false and fraudulent nature of Defendants' misrepresentations.
264. Defendants concealed and suppressed said facts that they were bound to disclose. Moreover, Defendants told Plaintiff other facts and prevented Plaintiff from discovering the suppressed facts. Such facts were suppressed and concealed with the intent to defraud and induce Plaintiff to purchase auditing and training. Further, Defendants knew that Plaintiff would rely upon and act upon such misstatements and misrepresentations. At the time, the Plaintiff was unable of the concealed and suppressed fact and would not have taken the actions subscribed had Plaintiff known said facts.
265. The representations, misrepresentations and omissions were made and not made, with the intent to induce Plaintiff to rely thereon, and enter into a relationship with the Defendants, expend enormous sums of money for the benefit of Defendants, endure exhaustion, coercion, trickery, quackery, hypnosis, brainwashing, and manipulation, to travel interstate and internationally, to endure further exhaustion, coercion, trickery, brainwashing, hypnosis, quackery and manipulation, and to embrace and espouse the doctrines of Defendants, and each of them.
266. Plaintiff reasonably relied upon the above-mentioned misrepresentations, and material omissions as a direct result of the success with which Defendants were able to carry out their activities of brainwashing, mind control, hypnosis, exhaustion, coercion, trickery, quackery and manipulation. In reliance on the above-mentioned misrepresentations, Plaintiff was defrauded out of approximately $500,000. In addition, in reliance on the above- mentioned fraudulent misrepresentations, and material omissions, Plaintiff has divulged highly personal and confidential information to Defendants, expended considerable time and money in pursuit of the alleged teaching, training and auditing, sold to him by Defendants, allowing himself to be exhausted, tricked, coerced, hypnotized, brainwashed and manipulated into embracing and espousing the theories and practices engaged in by Defendants.
267. As a direct, proximate and legal result of Defendants fraud, Plaintiff has generally been damaged in the approximate amount of $500,000, the amount expended by Plaintiff on the teaching, auditing, materials and activities of Defendants, and each of them. As a further direct, proximate and legal result of Defendants fraud, Plaintiff has lost valuable business in an amount to be proven at trial.
268. Discovery of the fraud on the part of the Defendants, and each of them, occurred on or about June 1, 1997, as is more particularly described above, the allegations of which are incorporated herein as set forth fully by this reference.
269. The aforementioned misrepresentations, and material omissions, were made willfully and maliciously, with the intent to injure and oppress Plaintiff and, by reason thereof, Plaintiff is entitled to exemplary and punitive damages in an amount appropriate to punish and make an example of Defendants.
NINETEENTH CAUSE OF ACTION
(Against All Defendants and DOES 1 through 500, Inclusive, For Injunctive Relief and Constructive Trust)
270. Plaintiff refers to and incorporates by reference, each and every paragraph set forth above, as though each were fully set forth herein.
271. Defendants possess "confessional" files of the Plaintiff. These files contain intimate and secret information of the most personal nature, which was given to Defendants care and custody under the fraudulent promise that such information would be kept in the strictest confidence. The Defendants, and each of them, have and use a secret policy that authorizes the violation by unauthorized people, of the contents of these files to be used against "enemies" of the "Defendants". "Enemies" are considered to be anyone who has left the "Church" and/or disagrees with Defendants policies.
272. Disclosure of Plaintiff's confessional materials without his consent would constitute an invasion to Plaintiffs right of privacy. This also applies to Plaintiff's "PC", "Ethics Files" and "OSA" files.
273. Because money damages cannot adequately approximate or redress Plaintiff for the damages Plaintiff will suffer due to disclosure of confessional files, and because suit for money damages would not be feasible, and Plaintiff would be irreparably harmed if such disclosure occurred, Plaintiff requires a court order to enjoin Defendants, and each of them, all their agents or employees from examining said files making and keeping separate copies from any part of them and removing said files or any extracts therefrom from Defendants custody so as to protect Plaintiff's constitutional rights to privacy.
274. As set forth above, Defendants, and each of them, obtained the information contained in said files through and with the use of fraud and misrepresentation. Defendants have no legitimate need for the Plaintiff's files, because as of the date this filing, Plaintiff is no longer a member in good standing of Defendants' Church of Scientology and is not subject ot the application of the religious practice of Fair Game do destroy him by any means possible.
275. To correct the aforementioned frauds, and to prevent further wrongful exploitation of the confidential material to the detriment of the Plaintiff, Plaintiff seeks injunctive relief, requiring the Defendant to hold the information contained in the Plaintiff's files in constructive trust for him, and an order directing Defendants, and each of them, to return these files, regardless of the particular name they may now have or they may have previously borne. Additionally, Plaintiff seeks an order restraining Defendants, and each of them, and their agents and employees from reproducing or disseminating the information contained in said files.
TWENTIETH CAUSE OF ACTION
(Against All Defendants and DOES 1 through 500, Inclusive, For Fraud/False Advertising Deceptive Trade Practices)
276. Plaintiff refers to and incorporates by reference, each and every paragraph set forth above, as though each were fully set forth herein.
277. Beginning in or about the Fall of 1973, agents and representatives of various of the Defendants herein began a long-term series of misrepresentations, and non-disclosures, to Plaintiff concerning the nature and source of Scientology's dogma, and the advantages to be derived therefrom. These misrepresentations included claims that Scientology was a scientific system that could legitimately improve one's IQ, cure a person of his/her physical ailments, cure a person of his/her sexual orientation or preference, guarantee good health and well being, and that adherents to the tenets of Scientology would improve one's business and personal relationships, making it possible for Plaintiff to achieve anything he desired. During the course of his obtaining services and auditing from the various Defendants, Plaintiff has paid in excess of $500,000 to various of the Defendants herein.
278. In addition to the oral and written misrepresentations made, and set forth above, misrepresentations on the part of various of the Defendants were made over the same period of time by way of the various publications, tapes, books, and promotional material supplied by Defendants and their agents to the Plaintiff.
279. The various misrepresentations made, and material non-disclosures, not made to the Plaintiff were false, misleading and untrue in numerous respects, including, but not limited to, representations concerning the qualifications of L. Ron Hubbard, the scientific basis for Scientology, the source of materials and the "technology", the nature and quality of Scientology services, the scientific "underpinning for the tenants of Scientology", the validity of various copyrights and trademarks, and the use to which they were being put, and the various benefits, including on-going good health, that Plaintiff could expect from training and processing provided by Defendants. Additionally, representations were made to Plaintiff that problems that he believed he was suffering, as a result of his sexual orientation was not, in fact, a problem of orientation, but was a preference that could and would be cured by purchasing more services of Scientology, and, in particular, by continued auditing.
280. At the time these misrepresentations were made to Plaintiff, Defendants herein knew, or should have known, that those representations were not true. Defendants knew, or should have known, that they are not qualified or properly licensed to render medical treatment or advise, and that auditing does not prevent or cure disease, illness, past-life implants or alter one's sexual orientation and/or preference.
281. Because the Plaintiff was convinced that the representations made by various of the Defendants were true, he reasonably relied upon those Defendants to his damage, as set forth herein.
282. By reason of the various Defendants fraud, misrepresentations and deceptive trade practices, Plaintiff was induced to spend the amount alleged herein, all to his damage. Further, Plaintiff has suffered additional damages from emotional distress, loss of income, and loss of earning capacity.
283. The aforementioned acts of Defendants were willful, wanton, despicable, malicious and oppressive and justify the awarding of exemplary and punitive damages in an amount subject to proof at the time of trial.
TWENTIETH-FIRST CAUSE OF ACTION
(Against All Defendants and DOES 1 through 500, Inclusive, For Interference With Business Relations and Prospective Advantage)
284. Plaintiff refers to and incorporates by reference, each and every paragraph set forth above, as though each were fully set forth herein.
285. Defendants were aware at all times of Plaintiffs business relationships with and between other Scientologists for the purpose of engaging in the sale of his art works.
286. Defendants, through the conduct described above, and intending to injure, destroy, and otherwise interfere with Plaintiffs business and prospective business in terms of the sale of art works created by him, did intentionally, maliciously, willfully and without justification or privilege whatsoever, induce Plaintiff's customers to breach their legal duty to Plaintiff and, through the conduct set forth above, induced various persons not to do business with Plaintiff and/or cease doing business with Plaintiff and to cause numerous persons who otherwise would have become purchasers of Plaintiff's work not to deal with Plaintiff.
287. As a proximate result of Defendants' wrongful conduct, Plaintiff has lost sales, profits and damages in an amount to be determined at trial.
288. In committing such acts, Defendants and each of them, have acted intentionally, willfully, and maliciously and wantonly, and are guilty of oppression, fraud and malice. Such conduct was carried out by Defendants and each of them, intentionally and despicably with a willful and conscious disregard of the rights of Plaintiff. Plaintiff is therefore entitled to receive damages for the sake of example and by way of punishing Defendants, and each of them, in an amount according to proof.
TWENTY-SECOND CAUSE OF ACTION
(Against All Defendants and DOES 1 through 500, Inclusive, For Unjust Enrichment, Accounting, Equitable Tracing, and Imposition of Constructive Trust)
289. Plaintiff refers to and incorporates by reference, each and every paragraph set forth above, as though each were fully set forth herein.
290. Plaintiff is informed and believes, and thereon alleges, that as a result of the wrongful conduct herein alleged, Defendants and each of them, are now in possession of substantial sums of money and valuable property which properly should be paid and transferred to Plaintiff. No part of said sums of money or property has been delivered by Defendants to Plaintiff.
291. By reason of the wrongful manner in which Defendants obtained said sums of money and property, and the product of his labor, Defendants are involuntary trustees, ex maleficio, holding said sums, property and profits in constructive trust for Plaintiff, and with the duty to convey said sums and property to Plaintiff forthwith. Plaintiff is unable to ascertain the exact amount of said sums, property and profits, held by the Defendants as constructive trustees, ex maleficio, without a full and complete accounting from Defendants and each of them, and an equitable tracing with regard to Defendants and each of them.
TWENTY-THIRD CAUSE OF ACTION
(Against All Defendants and DOES 1 through 500, And the RELIEF DEFENDANTS Named Herein)
292. Plaintiff refers to and incorporates by reference, each and every paragraph set forth above, as though each were fully set forth herein.
293. An actual controversy has arisen and exists among Plaintiff and Defendants. Plaintiff contends that he paid monies to Defendants, and gave them his labor, and nearly 25 years of service and trust, upon the representation that Defendants were engaged in the management, administration and expansion of the Church of Scientology as a peaceful, law abiding, bona fide and legitimate religious organization. On the basis of such representations, Plaintiff has contributed funds in excess of $500,000 which have been, and are still being, used to engage in the activities described above. Plaintiff remains a member of the International Association of Scientologists and other Church of Scientology entities.
294. Plaintiff desires a judicial declaration that Plaintiff has an interest in the activities of the various corporations and Churches of Scientology as a result of his expenditure of monies, talent, energy, membership and labor, all at the behest and representations of Defendants, which entitles him to seek the relief sought herein.
295. Plaintiff further desires a judicial declaration that Defendants' activities, as set forth in certain paragraphs above are in breach of its applications for tax-exempt, Section 501(c)(3), status to the Internal Revenue Service and the Conditional Letter of Exemption issued by the Internal Revenue Service in 1993, and that the activities set forth herein are also a violation of applicable provisions of the Internal Revenue Service Code and the rules and regulations promulgated thereunder. Defendants' aforesaid activities, and the relevant activities of the Relief Defendants, also violate the United States Construction.
296. Defendants' violations of applicable law, as set forth above, is causing irreparable damage to the trade, reputation, goodwill, and name of the Churches and corporations of Scientology in which Plaintiff has a membership and continuing financial interest. Such violations will continue to cause irreparable injury unless Declaratory relief is granted and Defendants, and the Relief Defendants, are restrained by this Court.
TWENTY-FOURTH CAUSE OF ACTION
(Against All Defendants and DOES 1 through 500, Inclusive, For Conspiracy)
297. Plaintiff refers to and incorporates by reference, each and every paragraph set forth above, as though each were fully set forth herein.
298. Defendants, and each of them, knowingly and willfully conspired and agreed among themselves to engage in the criminal, fraudulent and tortious activities and wrongful schemes as set forth in the various paragraphs and allegations above.
299. Defendants, and each of them, did the acts and things herein alleged pursuant to, and in furtherance of, the conspiracy described above.
300. Defendants, and each of them, furthered the conspiracy by cooperating with each other and/or lending aid and encouragement to, and/or ratifying and adopting the acts of each other in perpetrating the conspiracy herein alleged.
301. Upon information and belief, Plaintiff alleges that the conspiracy herein alleged commenced some time in the fall of 1973, and is still on-going as of the date of filing of this Complaint.
302. As a proximate result of the wrongful acts herein alleged, Plaintiff has been generally damaged in an amount to be determined according to proof at trial, but not less than $500,000.
303. Defendants, and each of them, did the things herein alleged maliciously and to oppress Plaintiff, and this constitutes despicable conduct. Plaintiff is therefore entitled to exemplary or punitive damages in an amount to be determined at trial.
WHEREFORE, on the First, Second, Third and Fourth Causes of Action, Plaintiff requests:
1. Compensatory damages in the amount of at least $500,000 dollars;
2. For treble damages pursuant to 18 U.S.C. Section 1964; 3. Reasonable attorneys' fees and are appropriate Codestar;
4. Costs of suit incurred herein;
5. Such other and further relief as may be proper and just.
And, on the Fifth Cause of Action and all other causes of action, except the Twenty-Third Cause of Action, Plaintiff requests:
1. Compensatory damages of at least $500,000;
2. Special damages according to proof;
3. Punitive or exemplary damages in an appropriate amount;
4. An order requiring Defendants to return Plaintiffs "PC Files, "Ethics Files" and "OSA" files;
5. An injunction, imposition of constructive trust and accounting as requested herein;
6. Costs of suit incurred herein;
7. Such other and further relief as may be proper and just.
And, on the Twenty-Third Cause of Action, Plaintiff requests:
1. A Declaration as the applicable provisions of the Constitution of the United States, the United States Tax Code, and other federal statutes, rules and regulations that are being violated by Defendants.
2. Any injunction against the Defendants and the Relief Defendants as requested herein.
DEMAND FOR JURY TRIAL
Pursuant to the Federal Rules of Civil Procedure, Plaintiff demands a trial by jury of these claims.
Dated: May 22, 1998 BERRY, LEWIS, SCALI & STOJKOVIC
Graham E. Berry
Christian J. Scali
Graham E. Berry
Attorneys for Plaintiff
MICHAEL P. PATTINSON