Jesse Prince: The Future is Here and I’m Feeling Good. (November 7, 2014)

[…]1

I began to recall being on the other side of the fence when Gerry Armstrong had to defend himself against Scientology style black ops for years.  Scientology sued Jerry for absconding with 22 banker boxes of personal documents and artifacts of L Ron Hubbard. I’m not trying to retell the story of Jerry Armstrong here but ultimately, Scientology paid Jerry a settlement of $800.000 in exchange for his promise not to copy or discloses the content of the banker boxes he’d taken. What the hell was in those boxes? It’s a fascinating, well documented cock up of what happened when author Omar Garrison and his research assistant  Gerry Armstrong verified L Ron’s actual education and military record history among other  subjects. In a nutshell, too much of the information they were able to factually verify of L Ron’s past was contemptuously contrary to the yarn L Ron spun for his devout adherents and any other ear that could hear. Gerry Armstrong went on to violate his agreement with Scientology hundreds of times and is still perused by Scientology’s attach dog legal machine. I know something about this because I was present and informed about Jerry’s legal troubles with Scientology as they was happening.  I recall being present when the conditions of the settlement agreement between Gerry Armstrong and Scientology (Which in effect included whatever was best for Author Services Inc, ASI) was negotiated.

From 1983 until the settlement in 1986, I would receive on a daily basis, usually sometime between 6-8 pm, intelligence reports  generated by staff of Special Project Operations (ASI), OSA and RTC concerning secret and illegal operations by Scientology against Jerry, his lawyer Michael Flynn, and other plaintiffs represented by Michael Flynn’s firm.  The operations against Jerry’s lawyer included having knowledge of someone putting water in the gas tank of an airplane piloted by Michael Flynn with his son on board. There was instant access into the lives of people who were deemed enemy’s Scientology through well paid and placed private investigators.  These professionals sold their services to their Scientology paymasters because they had the latest modern bugging technology that was confirmed US CIA grade technology. Scientology was able to buy the services of ex-police, ex-FBI and other agency. Phone records were a fruitful source of information. Through illegally obtaining phone records Scientology always seemed to be a step ahead of their perceived enemies.  ASI lead attorney was Earle Cooley. A big part of his job as legal council was to made sure we rode a fine line to separate church principles from the illegal activities sanctioned by the same principles.

There were years of board room meeting at ASI to figure out how to get rid of Jerry Armstrong, L Ron junior, David Mayo and a few other people who had devoted their lives in servitude to L Ron and his grand ideas. All of these devoted people turned out to be Suppressive Persons all along according to the instructions from L Ron via his publishing organization ASI. It was new management’s job to hunt them down and get them put in jail. Some may recall during the early to mid 1980’s L Ron got a bug up his ass and thought he had the power to have people criminally prosecuted for disobeying or being out of step with what he wanted. This is way past just having a stick up your ass, he really wanted this done and some people did get set up and went to jail.  It was required protocol to hate and contribute to the destruction of men and women that I had never met or laid eyes on. We would be sitting in the board room at L Ron’s Author Services organization reading advice’s from L Ron calling for the heads of staff he felt offended him somehow. Listening to Miscavige and other staff figuring out ever clever ways to get rid of the people who were aggravating poor L Ron. As we sat there making up plans to attach the very same people who were at L Ron’s side doing everything in their power to do his will. L Ron never wavered when it came to annihilating the oldest and closest devote adherents he had. There is no retirement in the business of Scientology. Ron taught his prodigy to quickly and quietly get rid of the most loyal staff members without remorse.

There were banker boxes full of “advises” from L Ron spewing hate filled vitriol about Jerry. The information that Jerry provided to Russell Miller and Jon Attack about L Ron’s actual history did in fact exposed his underbelly and pulled back the curtains on his imaginary life he expected others to believe.

During the negotiations to settle with Jerry Armstrong the settlement was intentionally construed to make it too easy for anyone to claim Jerry had violated his agreement with Scientology. Those who were present knew this settlement, that still plagues Jerry today was not done in good faith. The actual intent of the settlement was to cause Jerry to be incarcerated for violation of his settlement agreement2 and that is exactly what has happened. The other factor is this; Jerry didn’t want to take any of Scientology’s money and he didn’t want to settle. He was in effect forced to settle by his own lawyer Michael Flynn. Michael Flynn and his whole family had been hounded by Scientology hired thugs and they were tired of it. Flynn was also the attorney of record for other ex-Scientologist in a civil class action lawsuit….you get the idea. We had them right where we wanted. Each person received a settlement but Jerry was the only hold out. We even knew about the deteriorating relationship between Jerry Armstrong and lawyer Michael Flynn because we were the ones causing the confusion. In the end Jerry was forced to settle or be attached by his own attorney who wanted out and had been working on contingency anyway. There are standard legal agreements a plaintiff makes with a lawyer who takes on a case on contingency. The rule and agreement that comes into play is the plaintiff will agree to settle the case if there a reasonable offer on the table. Jerry was obligated to accept the settlement. Someone can say that better than me but you get the idea, Jerry was forced to settle, then he was set up to violate the settlement whereby Scientology would recover its money times three and if possible get him arrested and put in jail.

After years of acting like I hated people I’d never met or seen with my eyes like Jerry Armstrong took some getting use to. Getting Jerry had been en grained in my mind. Even after being out of the cult for some years. I remember the first time I talked with Jerry years after I had left the cult. On a physical level I felt uncomfortable being around him or even engaging in personal or meaningful conversation. On a certain level I was afraid of Jerry and this made no sense. None of that changed the facts of how all of this made me feel emotionally. In L Ron’s alternative reality, it was considered a flaw to openly show or express emotion or empathy. We were all just ever replaceable characters in L Ron’s movie. Suffice to say I didn’t foster or encourage a speaking relationship with Jerry because I didn’t want to. The problem is this is how Scientology technology is designed to protect itself in the minds of its own.

Long before I testified in a court of law as an expert witness, Jerry had already been there doing that, the same as I would do later. The real truth is when I met Jerry I had not entirely overcome the misconceptions and false information I’d learned about him through the years. I was dismissive of Jerry and didn’t fully appreciate, let alone realize the personal sacrifice and contribution he made when he exposed L Ron for being the lying ass clown he was.

It was only after reading the Russell Miller book with fresh eyes that I finally better understanding and more fully appreciated the work Jerry did.  Since I’ve read the books again with fresh eyes so much has changed. I know I was Jerry when I woke up from the spell and stopped lying for and protecting Scientology. That meant it was my turn to be persecuted by juvenile intelligence tactics, endlessly financed on behalf of dead L Ron. These days both Marty Rathbun and Mike Rinder are Jerry too! No one owes or is obligated to me for anything and ultimately it may not matter what I think but I will say this. I don’t monitor Scientology activities anymore like I use to. That being said, It sure does make me smile when someone sends me something about Mike Rinder speaking out. He’s even been known to refer to Scientology as a cult. This is the guy who was the public face of Scientology for years!  My heart goes out to him and his new family. These days Mike doesn’t mince words when tells people about Scientology, what a turnaround bless him. Marty Rathbun is probably the most knowledgeable person in existence when it comes to how Scientology plays ball in a law suit. From what I can tell he and his wife are progressing excellently with their lawsuit against Scientology, you have my blessing for that.

Notes

The Malefactor’s Register: Murder in Three Acts

 

Murder in Three Acts1

George Edgerly has had more brushes with greatness than most career criminals. In 1960, with the help of F. Lee Bailey, Edgerly beat a murder rap and years later he was prosecuted by John Kerry for the 1975 rape of a Massachusetts prostitute.

F. Lee Bailey, of course, is perhaps one of America’s best known defense attorneys with clients like O.J. Simpson and Patty Hearst, among many others. John Kerry is the former senator from Massachusetts and 2004 Democratic Party nominee for President of the United States. As of 2014 he is the Secretary of State of the United States, which disproves the belief that there are no second acts in America.

Bailey and Kerry both pulled a victory out of what appeared to be sure defeat, and in each case their performances helped thrust them into the limelight.

But this isn’t a story about Bailey or Kerry. It is the sordid tale of murder and mayhem that seemed to follow George Edgerly throughout his life.

Act I: The Murder of Elizabeth Edgerly

The story begins in December 1959, when Edgerly’s 25-year-old wife, Elizabeth disappeared after a confrontation with her husband, in Lowell, Mass., across the river from their home in Dracut. The couple had had a stormy relationship and Edgerly reportedly had a wicked temper. On more than one occasion, Elizabeth was seen with bruises and cuts that she blamed on her husband, and several witnesses testified at his 1960 murder trial that Edgerly and Elizabeth had been fighting the day she disappeared.

Elizabeth’s disappearance on December 27, 1959, was the climax of an escalating monthlong fight between the husband and wife that began on Thanksgiving Day when several people heard Edgerly tell his wife, “I’ll kill you yet” when she asked him to go out and buy a loaf of bread. Edgerly was irked because his brother-in-law and his wife were sharing Thanksgiving dinner despite the fact that Edgerly was unemployed at the time.
Two weeks before Elizabeth vanished, Edgerly’s temper once again raised its head when Elizabeth, her brother, and another man were enjoying a few drinks at the Tremont Cafe. Edgerly appeared and tried to pull Elizabeth out of the booth. Elizabeth’s brother, Francis Hawkins, accompanied his sister out to Edgerly’s car and when Edgerly emerged from the tavern, he attempted to throttle Hawkins. The unidentified friend happened to have a handgun and Edgerly reportedly tried to grab it from him.

“He would have killed the three of us,” Hawkins said on the stand.

On December 27, Hawkins, Elizabeth, and Edgerly were drinking together at the Three Pines Restaurant in Middleton, where they ate dinner. The trio then headed to an Allenhurst restaurant where they continued to drink. Hawkins was upset that his wife had become pregnant by another man, and the trio was discussing his options. After about three hours of drinking, the group left and headed back toward Dracut. Both Hawkins and the barmaid said that Elizabeth was so intoxicated when she left the bar that she had to be physically helped to the car. Hawkins said she was unconscious when Edgerly dropped him off at around 11:15 p.m.

No one ever saw Elizabeth Edgerly alive again.

Hawkins and Edgerly met up again around 4:30 a.m., and Hawkins noted that his brother-in-law had changed clothes. Hawkins asked about his sister and Edgerly told him she had “taken off” at the corner of Pawtucket and School streets in Lowell.

“Betty won’t be home tonight,” Edgerly told his brother-in-law.

When Hawkins saw Edgerly in the early morning hours of December 28, he said Edgerly was holding his right hand inside his coat and kept it there until he went into a shed behind his home where he remained for three or four minutes.

Edgerly did not report his wife missing because, according to him, it wasn’t unusual for her to disappear for days at a time. After Elizabeth’s mother contacted police, Edgerly told them that he had stopped to aid a motorist stuck in the snow at the intersection of Pawtucket and School and when he returned she had vanished.

Edgerly became a suspect in his wife’s disappearance when he offered differing accounts of his actions after Elizabeth vanished and contradicted himself about what he was wearing that night.
However, without a body, no outward signs of foul play, and a woman who was known to spend days away from home, the police had no case against him.

Over the next several months Edgerly was repeatedly questioned by police and according to testimony at his murder trial, took more than 20 lie detector tests. It was not until April 11, 1960 that police were able to get the results they were seeking.

“Now we have what we want,” Lieutenant George Harnois of the District Attorney’s office told Edgerly after that final test. “I think you killed her.”

Edgerly was nonplussed.

“You have the right to your own opinion,” he replied.

Edgerly had been brought into headquarters for questioning that day because two young boys had found a dismembered female torso in a Dracut brook. The head, arms, and legs were missing, but police surmised that it belonged to Elzabeth.

The autopsy revealed that the woman had been slain just a couple of hours after she had eaten, and that the killer had taken great pains to hide the woman’s identity. The killer had used a hacksaw to dismember the corpse and then taken a knife to remove signs of a goiter.

A search of Edgerly’s shed revealed a package of 12 hacksaw blades with four missing. Police could not find a hacksaw and Edgerly, an automobile mechanic, said he had lost his about a year before.

Police also found evidence of bloody clothes in the trunk of Edgerly’s car, which he explained away as the result of an assault on his wife before Christmas, when she was absent for a few days.

About a week after the torso was found, a search of the area revealed the legs that belonged with the torso. Missing, however, was one foot that was malformed because of a previous injury.

Edgerly went on trial in February 1960, and Bailey joined the defense team about halfway through the 17-day affair.

“George was an interesting guy, pretty unflappable. He was screwing both his mother-in-law and his wife’s sisters. That was evidence in the trial,” Bailey told Jeffrey Toobin in a 2004 New Yorker article on John Kerry. “He was sitting in an iron cage in the middle of the courtroom, which is where defendants used to have to sit in those days.”

Bailey was called in to refute the polygraph testimony, and his masterful cross-examination and summing up were credited by many with helping Edgerly win an acquittal.

“This is a case of circumstantial evidence,” Bailey told jurors. “Nobody saw Edgerly murder his wife and no one so testified. Circumstantial evidence is like a chain and no chain is stronger than its weakest link.”
For their part, the prosecutors admitted that Hawkins was a convicted criminal who hated his brother-in-law, but that the jurors should not hold that against him. The state acknowledged that the case was circumstantial, but explained that this was to be expected.

“When a man intends to kill his wife, he does not invite the same people to the murder that he invited to the wedding,” prosecutor Frank Monarski told jurors.

After 10 hours, the jury decided that the state had not overcome the burden of proof and Edgerly was freed.

Act II: Motorgate

On February 1, 1974, a Beverly, Mass. resident spotted something washed up on the shore of the Danvers River. Investigating, he realized it was a corpse and police were summoned. What began as a routine murder investigation would quietly become a national scandal involving the country’s largest automobile manufacturer. Several people would go to jail for fraud and theft, and George Edgerly would end up on trial for murder once again.

The victim, Francis Smith, was a Boston resident who was employed as a district service representative for General Motors’s Chevrolet Division. Police quickly recreated his last day alive, finding that he had spent his workday at the automobile dealership owned by R. Gordon Butler in Lowell. The last known people to see him that day were a Butler Chevy service department employee, James Dolson, and his boss, George Edgerly. It was Smith’s job to monitor Butler’s warranty repair jobs. The large dealership was expected to perform about $30,000 in monthly warranty work, but Butler was doing nearly twice that.

While police in Middlesex County looked at the criminal side of things, auditors with General Motors began to examine the company’s warranty program for possible fraud. The company would eventually uncover hundreds of thousands of dollars in padded warranty repair bills and large-scale violations of the company’s ethics policy that forbids employees from accepting anything other than “nominal” gifts from dealerships. General Motors would maintain a tight lid on the extent of the problem, but after a 15-month internal investigation, about 36 employees in the company’s Northeast offices were summarily terminated for “violating company policies.”
About the same time that the employees were terminated, Butler, Edgerly, and the dealership’s general manager were indicted by a Boston grand jury for theft and fraud.

Under the direction of the that trio, repairmen for the dealership were submitting false claims to General Motors for warranty work. Customers would bring in their cars for simple repairs — which the mechanics would do — but GM was billed for extensive repair jobs like engine rebuilds and transmission work. GM not only paid for the repairs that were never done, but would also send replacement parts that were subsequently sold to other customers.
When the press got wind of the story in those post-Watergate years, the scandal was quickly dubbed “Motorgate.”

In 1976, Edgerly was sentenced to three to five years in prison. Butler and his general manager, Theodore Kemos, were given two years in prison and fined $2,500 each.

For Edgerly, however, the conviction in that case was small potatoes. A month after Smith’s body was found, Edgerly had been indicted for his murder.

Interlude: The Edgerly Rape Case

John Kerry was beginning his public service career as an assistant district attorney when he was tapped to serve as prosecutor in Edgerly’s 1977 rape case. It was not a very strong case against Edgerly, despite the witnesses to the assault.

The rape began on January 1, 1975 when Edgerly and three other men picked up the young woman, a prostitute, at a Merrimack Street bar in Lowell and drove the woman to a wooded area where they forced her to perform oral sex. She also claimed that Edgerly attempted to rape her, “but was unable to complete the act.” After the assault, the men drove their victim back to the bar.

“Kerry told me this Edgerly was a lucky guy. This could be a snakebit case. It was not a slam dunk,” one of Kerry’s co-workers told Toobin in the New Yorker article. “Nobody was going to try that case if you were looking just to put a notch in your belt.”

Edgerly held the upper hand in the case, Kerry acknowledged.

“It was an improbable kind of case,” Kerry told Toobin. “The victim was very suspect because of her life style and background. The bottom line was that she did not consent, the bottom line was that she had been raped.”

Raped or not, the victim had not helped her own case by trying to extort money from Edgerly to make the case go away. She admitted on the stand that she was willing to accept money from Edgerly, but said it was simply a ruse to get him to admit his guilt.

The other men in the car — each of whom admitted he had lied in previous statements to investigators — testified that Edgerly, 49, had sexually assaulted the woman and the jury convicted him of rape. For the first time in his life, Edgerly was given serious jail time: 18-to-30 years.

Act III: The Murder of Frank Smith

The break in the Smith murder case came long before investigators in the Motorgate fraud case wrapped up their probe — and before Edgerly faced off with John Kerry.

A few weeks after Smith’s body turned up in the marsh along the Danvers River, police were called to the local hospital where James Dolson — the Butler Chevy employee who spent the last day with Edgerly and Smith — was lying near death from a stab wound. He wanted to talk to authorities.

Dolson told police that he had witnessed Edgerly shoot Smith and dump his body in the Danvers River after a 12-hour booze fest. Over the course of their liquid lunch that stretched late into the night, Edgerly was reportedly waving a pistol around and at one point asked Smith “if he wanted to go for a ride.”

Dolson found his tongue after Edgerly lured him to a remote cabin and stabbed him. Another man, Jackie Shanahan, was also present that day and turned state’s evidence to avoid being charged himself.
Edgerly, already serving time for his role in Motorgate and for rape, was charged with assault against Dolson. At trial, he took the stand and said Shanahan stabbed Dolson because of some feud between the two men. Shanahan denied this, but Edgerly was acquitted.

In 1978, Edgerly went on trial for Smith’s murder. The evidence against him was once again circumstantial, but with Dolson’s admission of seeing Edgerly shoot Smith — a man he had reason to want dead — this time it was Edgerly who faced an uphill battle to establish his innocence.

At trial, the prosecution introduced witnesses who would testify that Edgerly asked them for a gun, saying there was someone “he wanted to frighten,” and Shanahan, who admitted getting the pistol for his friend.
Shanahan also testified that Edgerly wanted to get rid of Dolson “because he saw him kill someone.”

Edgerly took the stand in his own defense and blamed the killing on his old boss, Gordon Butler.

Butler, Edgerly claimed, was involved in drug smuggling. On one trip to Mexico, Edgerly found that Dolson was carrying two aerosol bottles filled with drugs for Butler. Edgerly told the jury that he dumped out the drugs in an airport bathroom.

Butler and his Motorgate co-conspirator, Ted Kemos, began pressuring Edgerly for the drugs, claiming that they were connected with the Boston Mob. Panicking, Edgerly told Kemos that Smith had taken the drugs.
It was the Mob that killed Smith, he said.

The jury did not believe him, and in 1978, Edgerly was convicted of first degree murder and sentenced to life in prison.

Edgerly, now an extremely old man, is in custody at the Massachusetts Department of Corrections Shirley Institution.

Notes

  1. Gribben, Mark. “Murder in Three Acts.” MalfactorsRegister.com. (n.d.) Retrieved 22 September 2014 from http://malefactorsregister.com/wp/?p=195

Markus Thoess Interview of Mike Rinder (ca. June, 2011)

1; 2

Notes

Transcript of Jesse Prince’s Speech (March 26, 2010)

 

Jesse Prince’s Speech1
March 26, 2010
Hamburg, Germany

Part I
Hamburg Symposium – Jesse Prince Part I


Transcript of Part I

Hello, everyone. I guess I’ll start off with borrowing a lyric from The Grateful Dead: “What a long, strange trip it’s been.” My journey into Scientology started in 1976. I was in San Francisco and I was a young guy; I was twenty-one years old and full of piss and vinegar, trying to figure out what to do with my life. And I was walking down the street and this very attractive woman came up to me, and she asked me would I like to know more about myself. I thought for a moment and I said “No, but I’d certainly like to know more about you.”

The next thing you know I’m in the Organization. I don’t know how she did it but she got me in there, and the next thing you know I’m on staff. Well, a Mission from Los Angeles came to San Francisco [1:00] and this is the first time I saw these people in these Navy Uniforms running around and I’m like “What, are we getting raided? I mean, what’s going on here? — Oh, this is the Sea Org.” So I find out all about this. Now, I had done work; I could sell. I was always a persuasive seller. So I sold their books to psychiatrists and whoever else I could get my hands on, so they thought that I was a dynamic person. But the fact of the matter is I’m from Chicago and we know how to survive.

So, you know, they came in and they gave me the spiel, you know, and “It’s the greatest good for the greatest number” yick yick, on and on. I said “I’ll try it.” I went down to LA and we stayed at a house on La Brea; it was Charlie Chaplin’s old home that he had owned there; it was a beautiful chateau. The only problem was, it was sixteen of us [2:00] in one room. And, we used to stand naked to get in the shower, you know, and it was a bathtub so you had to step — and anyway, it was terrible. At a certain point when I started to realize, “You know, maybe this isn’t so good, you know?”

By this time, now I’m working and they have me doing renovations, building the complex of that blue building that they currently have in Los Angeles. I was one of the first persons to go in there to prepare the buildings to become organizations. Well, it started. I’m not allowed to sleep until certain things are completed. And I kind of, you know, “Okay, I’ll do it one time.” And then they want it again. And I said… they keep asking me, and it was obvious that this was never going to stop. So I told them, “I’m finished. I’m going to bed now.” And I got up and I went to bed.

I was probably asleep for fifteen minutes [3:00] before someone came. “You must come and see, you know, Wayne Marple,” he’s the … Dead L. Ron’s henchman or whatever he was, you know. He’s connected to Dead L. Ron and he has the power. So they woke me up and they sent me down, and his name was Wayne Marple and he said, “You know, you’ve been doing kind of a good job around here but you weren’t supposed to go to sleep. You sleep when the job is finished.” Well, I used some rather colorful language on him and told him, “You know what? And on top of that, I’m out of here. Go to hell.”

I turned to leave. He said, “Oh, you really think you’re gonna go somewhere, huh?” And as he’s speaking I’m being surrounded by these… people; I’d never seen them before but they were certainly larger than me. And he said “As a matter of fact, you’re going to the RPF.” [4:00] And I’m like, “What is that? Rehabilitation Project Force. I don’t want to rehabilitate anyone’s project. I’m outta here.”

No.

Literally, for the next three months, the people that grabbed me — physically, we were tussling — and they put me in a room, and locked the door and they had a guard on the other side. And for three months, somehow, I had become incarcerated. Not only incarcerated, now I’m in solitary confinement. And I’m just kicking the walls and I’m just going nuts and they’re coming in there, “You stop it, and you do this…” and this went on for almost three months. And finally, I’m like, “What do I have to do to get out of here?” And he said, “You must learn Dead L. Ron’s technology perfectly and apply it to yourself, and once you’ve done that and you still want to leave then you can go.” [5:00]

I didn’t think much of it; I said ok, I was up to the challenge. So I started cooperating with them; I started studying the material and applying it to myself. And at some point while that was happening, the old Jesse Prince checked out and the new one was here. I ended up helping to build practically every organization in that blue building; I was in the RPF for eighteen months.

I had no concept, really, about family or my prior life or what I was doing because I was so focused and studying so hard. I had forgotten why I was even studying in the first place. And you know, I learned it, apparently, too well. I learned their materials too well because somehow [6:00] I became the person that understood that idiotic chatter they call “technology” better than any of them did.

So, Dead L. Ron sent the Mission to all the orgs, and he wanted to find the person that understood the “technology” the best, to bring them to Golden Era Productions — INT Management, in Gilman Hot Springs — so that that person would help them correct the rest of the Scientology organization, so that it was performing to his standards. I didn’t really know much about Dead L. Ron and I really didn’t have any desire to be around him, you know, I’m… but, I came up as the person that knew it the most so they dragged me up there, under protest, and I started in.

One of the first persons that L. Ron wanted me to correct was David Miscavige’s wife, Shelly Miscavige. And I see this little girl, I mean she has to be [7:00] all of twenty years old, nineteen, and she’s caked with mud and she’s crying and on and on and on and it’s like everybody hates her, but “This is his wife, ooooh,” you know. So, her and I certainly became fast friends and I helped her out of her situation.

Then, you know, I’m getting the advices and the notices from L. Ron and I’m doing this, that and the other thing and I won’t belabor that, what had happened, because I really have to move forward. But one special thing that did happen: his granddaughter, Roanne — I guess that was his only granddaughter at the time, or may have ever been his only granddaughter — this little girl, he really loved this child; she was a princess to him. And whatever she wanted, he would do anything.

Well, her mother — his daughter, Diana Hubbard — left Scientology, left the Sea Org, bragging about having sex on airplanes. I mean, she’s experiencing [8:00] life for the first time and she is loving it. And L. Ron wanted custody of the child, Roanne, turned over to another person that was within Scientology that she was married to — his name’s John Horwich — anyway, he wanted custody turned over to her. He sent David Miscavige to do it and he failed. He sent another big person in Scientology at the time, a woman named Vicki Aznaran, and she failed. Marc Yeager, COC MO INT, he failed. All of them doing Lower Conditions now, when I get there.

So, after I took care of my first little duty with… I got Shelly going good, now you have to now go back to Flag where you came from and get Diana Hubbard to sign over custody of her only child to this man that’s still in the Sea Org. And I was informed about the prior failures, and I was informed that if one more [9:00] failure happened on this project, back to the Rehabilitation Project Force I’d go, you know. So I’m like, “This is a hell of an invitation and welcome to this new job.” My new job was Inspector General Cramming Officer. God knows what the hell that was supposed to mean.

So I went out there, followed their orders, got my little briefcase and, you know, and went there and she was expecting me; I arrived back in Clearwater and as soon as I walked in the door I’m like, “Hello, Diana, you know why I’m here.” — “Yes, I do. Where are the papers? I’ll sign ’em now” — I’m like “Oh, my God. This can’t be happening.” Because she told those people where to get off and where to go, and they got in so much trouble, and as soon as I walked in the door she’s like, “Okay, I’ll sign. I’m not fooling with this stuff. I don’t care.” She’s having so much fun in her life.

Part II
Hamburg Symposium – Jesse Prince Part II


Transcript of Part II

So now, you know, when you do these missions for Scientology you arrive, and there’s a certain sequence; you get yourself established and then you immediately go and do a couple steps on a program, and you call back to report. Well, I’m there like ten minutes and I’m done. So her and I actually sat and had lunch and lively conversation and talked about things ’cause I needed some time to pass before I could call in to them and explain that my mission was accomplished.

And I let an hour go by; we had a great lunch up in the penthouse, and I called in and I said, “Well, report on target one: arrived.” Yeah, well that’s happening; we’re on the phone. “Report on target two: your room,” on and on, and then I said, “Look, I’m done. I’ve done all the steps. She signed all the papers.” — “What? What?”– “Yes, she signed the papers.” –“Oh my god. Get on the first plane back, we wanna see these papers and boy, you better make sure she had ’em signed in the right place and yada yada yada.” Because [1:00] there was no such thing at that time in Scientology of using lawyers on the family members themselves; it had to be personal.

And sure enough, I go back and give them these papers, and they look at me like I literally walk on water. They’re like, “How did you do it?” And you know I lied: “Oh, she gave me so much trouble. Oh, she just put me through the wringer,” you know, and I was “I told her, and I threatened her and blah blah blah,” you know, whatever I could make up. “Oh, well. You got the job done.” And they forwarded this information to L. Ron Hubbard, that I had actually accomplished this when everyone else had failed. And he sent me a very nice gift that came in handy later. For doing that, I was given a Ruger Mini-14 Assault Rifle with a banana clip, .223. So now I’m a real soldier of fortune, right?

And [2:00] it started from there. So now, you know, I’m going through all of INT Management; I was the personal auditor of Miscavige, the personal auditor of anyone in power and I was the supervisor of these people. Now, they’re asking me to do things that I’ve never done, never trained for, never studied for; just do it. I guess I was the make-it-go-right guy. Well, some years passed and things… in all honestly, we had it pretty good; because now, for the first time in Scientology, I’m making money. I mean I’m — you know, I get a salary; I’ve got unlimited expenses; I have hot and cold running slaves attending to anything I could possibly want. I mean, if I sat a cup down someone would “Mmmm, pick it up!” and, you know, fix my room and a personal chef that cooked whatever the hell I wanted every day, and this went on and on [3:00] and it was kind of like the honeymoon phase.

And we built this organization; we built the Religious Technology Center into a big organization and we put extensions of it in Flag and the EU and we were here, we were there; we built up International – CSI. I don’t, I never say that “C” word when I refer to Scientology, you know that “Church,” but we expanded all of Scientology International and things were really on a roll. I mean, there was a lot of new people getting in and we were doing fantastic. And… Dead L. Ron had to mess it up.

He was upset; he was involved in a legal case where they wanted to bring him in for depositions. He was sued by all kind of people everywhere, and he saw his grip on Scientology slipping. [4:00] And he targeted Miscavige for that. So now they’re, Miscavige and Hubbard are like this [bumping fists together]. And I’m the person to sort it out. So I can’t tell you how many times I’ve had that, this person that I now hear goes and beats up people — he’s only this big, for one thing — but this person that now goes around, Slappy Dave, kicking and doing all of this, would be crying on the floor. Wheezing and blehbleh, you know. Anyway.

Hubbard was upset; he knew Scientology was slipping from him and he figured Miscavige was the one doing it, so he sicced me on him, and I sic ’em good. And what I found out, you know, through the Security Checking — Sec Checking, interrogation, whatever you want to call it — and what I found out was that Miscavige, you know [5:00], as Hubbard was making his exit from Scientology he wanted as much paper money as he could get, so suitcases of hundred-dollar bills, like millions of dollars, were being carried to him like, every other week or, you know, once a month or whatever.

Well, come to find out Little Davey was the one taking it to him, who would then give it to Pat Broeker, who would then give it to Dead L. Ron — who wasn’t dead at the time, not physically, but in his mind he’s been dead a long time. Come to find out, these two were taking the money, going to Vegas, gambling like hell, having a great time and then just bringing just part of the money back. And they go away with it because Dead L. Ron never opened up the suitcases. He was too busy screaming at these BTs and clusters to get off of him. He was too busy taking drugs prescribed by psychiatrists and psychologists. He was too busy trying to get electric shock to get these BTs off of him. [6:00]

Now, wait a minute. Wait a minute. We all know Scientology doesn’t believe in health care. We all know that you can’t see a psychologist or a psychiatrist. This is what we found out when he died: I went to… he lived in a bus called The Bluebird, and I went in there and I opened up his medicine cabinet and out fell a zillion pills. I’m like, “What is this? How hypocritical is this?” That was 1986. Well, and the locals had told me he was buying Marijuana off of the people and all kinds of shit.

He dies. Pat Broeker was supposed to take over. Loyal Officer… LO one, LO two… you know, wherever these people come up with this stuff, I don’t know. But he’s insane, too. I mean, [7:00] this guy, you can’t have a rational conversation with him. I mean, you start talking to him about apples and the next thing you know we’re talking about growing pineapples, you know? It was very difficult to talk to this person. I mean, he was not lucid in his mind. And Miscavige had a valid problem: what would happen if this guy took over Scientology? He’s nuts; he’ll tear it all up. Miscavige saved Scientology from Dead L. Ron, and now he has this threat of Pat Broeker. Well, he made the decision: I’m getting rid of him.

So at that point Scientology divided. You had — especially in INT Management, RTC part — RTC was originally formed by the Broekers, so we were supposed to be loyal to them. CSI, Scientology International and all of that, were more things that Miscavige was doing. And he came to me and he [8:00] said, “Look, you need to make a decision; you’re either going to be on my team or you’re outta here, ’cause I’m getting ready to clean house.” And I was sitting there in my office and I’m like, “You know what? I should’ve left long ago. I should’ve just got myself outta here.”

My problem was, I started enjoying it too much because I had perqs, because I could do this that these idiots, apparently, couldn’t do. And that’s wrong. I never beat anybody, spit on anybody, or any of that crap. To me that’s an insult to a human, our human nature. So, I told him no. A couple of days later, six o’clock in the morning, there’s a knock on my door: “Come, you have to go up to the office.” I go up to the office and there’s a whole [9:00], you know, there’s Marty Rathbun; there’s Mike Rinder; Miscavige; Norman Starkey; Greg Wilhere, yick yick on and on, all of these people, in their full regalia with the ribbons and the this, that and the other thing.

And he sits me down, and the person who was my direct, who I was answerable to, Vicki Aznaran, sitting in the corner crying with dirt on her face already; she hadn’t even got to the RPF yet. I mean, I don’t know what the hell they did to her before they got her up there. And she’s just boohooing and boohooing, and he says “You’re stripped of all of your rank; you’re stripped of everything and you’re going to the RPF! Rawr!” and he’s screaming and he’s frothing at the mouth. And I said, “no, I’m not.” He said, “yes you are, and by the way, CALL ME SIR!”

More colorful language from Jesse Prince.

Part III
Hamburg Symposium – Jesse Prince Part III


Transcript of Part III

And I got up to leave. And again, just like happened when they did before, they all came on me. Difference this time is, is that I’ve studied Okinawan Goju Ryu Karate for two years and I was a black belt now, and I wore their asses out. And I walked out of his office, and I went to my room and I went and got that nice present that Dead L. Ron gave me: that Mini-14 Assault Rifle, and I had a .45, and I loaded ’em up. I had a banana clip; I could’ve killed them all five or six times each.

And I went up there with those guns, and they all had come out of Miscavige’s office at that point, trying to figure out what they’re going to do to me. And I walked up with those guns and I said, you know, “Who has the power now? Who wants to challenge me now? Who has anything to say to me now?” And the one [1:00] person spoke up, it was Norman Starkey, South African guy, and he says, “You traitor! You can’t kill us all.” And I said, “Maybe not, but your ass’ll be the first one to go.”

By this time Miscavige is shaking, everybody doesn’t know what to do because I have the rifle on my hip and the gun like this, waving it, like grrrr!, you know, and he’s like, “Please, Jesse. Please.” He told everybody, “Get away; we didn’t handle this right! Please, come on, Jesse.” You know, “Come on, let’s talk. Please put the guns away, please, please, please.” You know, and I, “Okay, okay,” and I take my guns and I unload them and I put ’em back in my room, and we go down to — I guess what’s known as the clipper ship now — and we have a conversation.

And the conversation was, “Jesse, you know that Scientology is fragmented right now. You know that it needs to come together; we’ve all worked too hard to build this organization. You know the struggle. [2:00] I need you to go to the RPF for me, just so I can bring the group back together. Then I’ll get you out and everything will be fine. Could you please just do that for me?”

“Mehhh, okay.”

Well, I go to the RPF — Happy Valley, you know, they used to call that the Happy Valley, the Institute for the Criminally Insane — and I went there, and they really did everything they could to make me feel as uncomfortable as possible, to bring as much pressure, I mean, I could use colorful words but I’m not going to do that because I’m going to wrap this up real quick. Anyway, I ended up leaving and I came back, because they had my wife.

Now, prior to getting in Scientology I already had two kids that I wasn’t raising, and now I wasn’t even around to see. I’d already forsaken my family, friends [3:00] , people, no one even knew who I was. I had decided: not one more person will I forsake for this organization. I’m not going to leave my wife there. So I came back and I stayed, but I didn’t audit anymore. I let them know. “Those days are done. I’m done being your little whipping boy to teach this ‘technology’ to people. I’d rather work on grounds shovelling dirt than to touch that meter one more time, than to crack those crazy books one more time and read this stuff.”

“Okay, okay,” you know, then they start the buttering up process again, and the next thing you know I’m doing e-meter drills with Tom Cruise, you know? But one day my wife came to me and she said, “You know what? I get it. Let’s go.” And we left. They got us back one more time after that, too, but we still got out of there. And I got out and I tried my best [4:00] to, they said, you know, you’re supposed to get a Freeloader Bill and this, that, and the other thing when you go and pay back all of this money.

I said, “Please do not waste your time trying to figure out how much money you think I owe you, because I am done with the subject. I don’t care what the hell you guys do. Just let me outta here.” And eventually I got out. Well, that wasn’t good enough for them. PIs following me; got me fired from my job, this, that, and the other thing, you know. There’s just no satisfying these people.

So, in 1999 I was sitting on the internet and I was reading, and I saw some stuff from Arnie Lerma and I saw something from a woman, Stacy Brooks, and we’re speaking out and that was unheard of. Prior to the advent of the internet the only way to really get a broad message out was either it had to be in a newspaper or on television, and Scientology had that fixed because if you said anything critical of Scientology, [5:00] the horde of lawyers that they’re able to afford, because of all of these people that I’ve helped them get into Scientology, because of all of these organizations that I helped them build; now they have the capacity to not only destroy me, but corporations. And put them into submission.

And I said, “You know what? I’m done with this now. I’m going after ’em and I’m going to get ’em. This is finished.” Got together with Arnie Lerma, Bob Minton. “Let’s start protesting. Let’s go to their organizations with signs and let’s give ’em the business.” I don’t know, you guys have probably seen my first picket in Boston, especially the Anonymous people here. Bob ended up going to jail, and I ended up telling one of the staff members who his real parents were. [points to himself] And it carried on from there. We picketed in Boston. We picketed in [6:00] Los Angeles. We picketed in Washington, D.C. We went out to the country and picketed.

And pretty soon a groundswell started; we had so many people helping us. Well, we became the prime target of Scientology and I’ll explain how. We had the Lisa McPherson Trust, we were doing our pickets, we were getting people out. We were on the same block that they were on. They were getting them in the door and we were getting them out the door. We became primary targets, and they took us out. And I could speak more about that, but that’s not the point that I’m going to make right now.

They took us out and I went through a lot of, you know, harassment, this, that and the other thing and I literally went away; I stopped everthing in 2002 and I just went away. I couldn’t take it anymore. I couldn’t take going to my car and seeing my car door kicked in anymore, or my tires slashed, or another job rejection [7:00] because Scientology’s giving them information about me. And I stopped.

And I was pretty despondent for a long time, I’ll tell you. I felt like all the work that I had done — like Mrs. Whitfield, I had done a lot of interventions, gotten people to see; I studied — I was just as good with convincing them to get out as I was getting them in, and we were doing very well. But it was a thankless job, because the people that I was trying to help hadn’t had enough time to get their sensibilities back, so I’d help them and they’d disappear. And I said, “You know what? I’m done. I’ve done what I’m gonna do.” And I stopped.

And I guess it was 19… 2008, 2009, I started looking on the internet again about the subject of Scientology. And the first thing I see is these people [8:00] with these masks on, [laughs] and they’re giving ’em complete hell! There’s a woman, Patricia Greenway — who is not an OSA plant, by the way — said, “Jesse, you will not believe what these kids are doing. You will not believe what they’re doing with these organizations now.”

And I started looking, and I just was so proud. Finally I felt like — I don’t need to be thanked or anything — but I felt like at least one thing, something that I was doing carried forward, somebody picked it up. And you guys did, and I want to thank you for that. I want to thank you guys from the bottom of my heart, because when you’re doing this you’re helping people like me, and these other people here, and even the fools downstairs that are still doing it, wake up.

Wake up.

Thank you.

Notes

 

Legendary Lawyer: Earle C. Cooley, former BU Board of Trustees chair, dies at 77 (October 30, 2009)

earle-cooley-04
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Notes

The Boston Globe: Obituaries: Earle Cooley, skilled litigator, chairman of BU trustees (October 21, 2009)

earle-cooley-03

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Notes

Star Tribune: Mystery past of Petters associate unfolds (September 15, 2009)

Mystery past of Petters associate unfolds1

The Los Angeles mystery man who helped Tom Petters allegedly launder billions of investors’ dollars appears to be a disbarred Boston-area attorney with a shadowy criminal history and stints as a wire-wearing government informant.

Newspaper clippings, court rulings and other public documents leave little doubt that the co-defendant known as Larry Reynolds is actually Larry Reservitz, a swindler and drug trafficker who had associations with the New England mob in the 1980s and eventually was placed in the government’s witness protection program.

[…]

He moved on to new crimes, including various check-fraud schemes and, at one point, tried to buy a “truckload” of pot from an undercover Drug Enforcement Administration, according to the article.

Cooperation with the feds

Facing serious time, Reservitz began cooperating with federal authorities in 1984, wearing hidden tape recorders. In 1986 he testified that he was involved in a scheme to cash a bogus check for $2 million out of the account of L. Ron Hubbard, the late founder of the Church of Scientology.

The case made national headlines as the church waged a public battle to locate the culprit who actually wrote the fake check. One media account of the 1986 trial described Reservitz as a “high-rolling gambler … who participated in the second alleged fraud as an informant for the FBI.”

Reservitz eventually served 13 months of an 18-month prison term. Court records indicate Reservitz and his family subsequently entered the Witness Security Program.

[…]

Notes

  1. Phelps, D.; Bjorhus, J.  Mystery past of Petters associate unfolds startribune.com. Retreived on 23 September 2014 from http://www.startribune.com/business/59288882.html?page=3&c=y

Tampa Bay Times: Scientology vs. The IRS ( June 21, 2009)

Scientology: The Truth Rundown, Part 1 of 3 in a special report on the Church of Scientology
By Joe Childs and Thomas C. Tobin, Times Staff Writers
Sunday, June 21, 2009 1:06am

This account comes from executives who for decades were key figures in Scientology’s powerful inner circle. Marty Rathbun and Mike Rinder, the highest-ranking executives to leave the church, are speaking out for the first time.

[…]Now they provide an unprecedented look inside the upper reaches of the tightly controlled organization. They reveal:

[…]

  • With Miscavige calling the shots and Rathbun among those at his side, the church muscled the IRS into granting Scientology tax-exempt status. Offering fresh perspective on one of the church’s crowning moments, Rathbun details an extraordinary campaign of public pressure backed by thousands of lawsuits.

[…]

Scientology vs. the IRS

By the late 1980s, the battle with the IRS had quieted from the wild days of break-ins and indictments. But Miscavige was no less intent on getting back the church’s tax exemption, which he thought would legitimize Scientology.

The new strategy, according to Rathbun: Overwhelm the IRS. Force mistakes.

The church filed about 200 lawsuits against the IRS, seeking documents to prove IRS harassment and challenging the agency’s refusal to grant tax exemptions to church entities.

Some 2,300 individual Scientologists also sued the agency, demanding tax deductions for their contributions.

“Before you knew it, these simple little cookie-cutter suits … became full-blown legal cases,” Rathbun said.

Washington-based attorney William C. Walsh, who is now helping the church rebut the defectors claims, shepherded many of those cases. “We wanted to get to the bottom of what we felt was discrimination,” he said. “And we got a lot of documents, evidence that proved it.”

“It’s fair to say that when we started, there was a lot of distrust on both sides and suspicion,” Walsh said. “We had to dispel that and prove who we were and what kind of people we were.”

Yingling teamed with Walsh, Miscavige and Rathbun on the case. She said the IRS investigation of Miscavige resulted in a file thicker than the FBI’s file on Dr. Martin Luther King. “I mean it was insane,” she said.

The church ratcheted up the pressure with a relentless campaign against the IRS.

Armed with IRS records obtained under the Freedom of Information Act, Scientology’s magazine, Freedom, featured stories on alleged IRS abuses: lavish retreats on the taxpayers’ dime; setting quotas on audits of individual Scientologists; targeting small businesses for audits while politically connected corporations were overlooked.

Scientologists distributed the magazine on the front steps of the IRS building in Washington.

A group called the National Coalition of IRS Whistleblowers waged its own campaign. Unbeknownst to many, it was quietly created and financed by Scientology.

It was a grinding war, with Scientology willing to spend whatever it took to best the federal agency. “I didn’t even think about money,” Rathbun said. “We did whatever we needed to do.”

They also knew the other side was hurting. A memo obtained by the church said the Scientology lawsuits had tapped the IRS’s litigation budget before the year was up.

The church used other documents it got from the IRS against the agency.

In one, the Department of Justice scolded the IRS for taking indefensible positions in court cases against Scientology. The department said it feared being “sucked down” with the IRS and tarnished.

Another memo documented a conference of 20 IRS officials in the 1970s. They were trying to figure out how to respond to a judge’s ruling that Scientology met the agency’s definition of a religion. The IRS’ solution? They talked about changing the definition.

Rathbun calls it the “Final Solution” conference, a meeting that demonstrated the IRS bias against Scientology. “We used that (memo) I don’t know how many times on them,” he said.

By 1991, Miscavige had grown impatient with the legal tussle. He was confident he could personally persuade the IRS to bend. That October, he and Rathbun walked into IRS headquarters in Washington and asked to meet with IRS Commissioner Fred Goldberg. They had no appointment.

Goldberg, who did not respond to interview requests for this story, did not see them that day, but he met with them a week later.

Rathbun says that contrary to rumor, no bribes were paid, no extortion used. It was round-the-clock preparation and persistence — plus thousands of lawsuits, hard-hitting magazine articles and full-page ads in USA Today criticizing the IRS.

“That was enough,” Rathbun said. “You didn’t need blackmail.”

He and Miscavige prepped incessantly for their meeting. “I’m sitting there with three banker’s boxes of documents. He (Miscavige) has this 20-page speech to deliver to these guys. And for every sentence, I’ve got two folders” of backup.

Miscavige presented the argument that Scientology is a bona fide religion — then offered an olive branch.

Rathbun recalls the gist of the leader’s words to the IRS:

Look, we can just turn this off. This isn’t the purpose of the church. We’re just trying to defend ourselves. And this is the way we defend. We aggressively defend. If we can sit down and actually deal with the merits, get to what we feel we are actually entitled to, this all could be gone.

The two sides took a break.

Rathbun remembered: “Out in the hallway, Goldberg comes up to me because he sees I’m the right-hand guy. He goes: ‘Does he mean it? We can really turn it off?’ ”

“And I said,” turning his hand for effect, ” ‘Like a faucet.’ ”

The two sides started talks. Yingling said she warned church leaders to steel themselves, counseling that they answer every question, no matter how offensive.

Agents asked some doozies: about LSD initiation rituals, whether members were shot when they got out of line and about training terrorists in Mexico. “We answered everything,” Yingling said, crediting Miscavige for insisting the church be open, honest and cooperative.

The back and forth lasted two years and resulted in this agreement: The church paid $12.5 million. The IRS dropped its criminal investigations. All pending cases were dropped.

On Oct. 8, 1993, some 10,000 church members gathered in the Los Angeles Sports Arena to celebrate the leader’s announcement: The IRS had restored the church’s tax exemption, legitimizing Scientology as a church, not a for-profit operation.

“The war is over,” Miscavige told the crowd. “This means everything.”

Retrieved on 16 March 2014 from http://www.tampabay.com/news/scientology-the-truth-rundown-part-1-of-3-in-a-special-report-on-the/1012148.

Transcript: The Truth Rundown: From renovation to IRS Rathbun rises through the ranks (June 21, 2009)

Informal transcript of Tampa Bay Times Interview with Mark Rathbun
Chapter “From renovation to IRS Rathbun rises through the ranks.”1

[…]

2:04

Rathbun: And then after that, in 1981, I went on to what was called the Special Project, which was a small group headed by David Miscavige. He was actually called “The Operator,” so he… You know, everybody from the unit answered to him and there was four other people in it. And our job was to find out ah, really investigate and get to the bottom of ah, why there was so many lawsuits naming L. Ron Hubbard, the founder of Scientology, and um, come up with a solution as to how to get rid of those lawsuits cuz he was getting on in years and um, he… the idea was he wanted to come back to um, what is now called the International Headquarters or the Int Base in… just outside of San Jacinto, California, um, where films…dissemination and um, educational are made.

And he wanted to get those, those films done, and get them done. So our job was to try to, the… get rid of all these lawsuits that were outstanding against him so that he could come back there, ah, harassment-free and live out his days working on what he wanted to work on.

Reporter: Okay. Okay, and how long were you in this position?

Rathbun: Well, I guess I was on it for the rest of my career in, in a way. I mean there was different permutations of it. It was first called the Special Project, and then it was called the Special Unit, and then it was called… then we, we established the Office of Special Affairs to, to, um, replace the Guardian’s Office. And then I was at Author Services which was L. Ron Hubbard’s ah, personal literary agency, that handled all his personal business. And I was the legal executive there.

But again I was, I was still working on clearing away anything that might embroil L. Ron Hubbard in legal matters or external-facing matters. All the way up… that’s all the way up through ’86 now, so this is a, you know, five year, five year period through there.

3:56

Reporter: Okay. And when you first started this post, this is when you first encountered David Miscavige?

Rathbun: 1981. June of 1981…Well I actually knew him earlier, casually, but not…First time I ever worked with him.

Reporter: I see. Okay. All right, ah, and so thereafter you– Tell us about… there’s some highlights of your career, ah, that we’ve talked about, ah, ah, where you did some major things for Scientology. Can you talk about that? Ah, I guess the early 1990’s, ah, when there were problems with the IRS?

Rathbun: Well, yes. The IRS, was um, really an extension of this “All Clear” concept of getting rid of all the legal matters or external-facing matters that are hindering Scientology. It was tied in with the lit-, with ah, about a couple of dozen lawsuits that were brought around the country naming L. Ron Hubbard. Um, some ground… grand juries that were outstanding from the old Guardian’s Office activity that were… there was one in Tampa, one in D.C., and I believe one in New York that were still trying to get indictments against ah, Mr. Hubbard. You know, even after the Guardian’s Office people had been indicted and convicted in Washington.

So all these things sort of tied together with one another. And um, it was always perceived that the IRS was the most important thing to handle because if you have tax exemption you have ah, religious… religious recognition, you’re treated differently in courts, you know, there’s, there’s a, you know, some, some level of almost immunity, First Amendment immunity, to a lot of the type of allegations that were being made.

5:36

So, the IRS was the big thing to handle. I mean, when, when I was involved in that in the late ’80s, we had calculated that they, the IRS, considered that the churches had upward of a billion dollars in liability.

And the total reserves of the church were a f… were a fraction of that. Maybe in the 200 million range. So, literally, they could have wiped Scientology out five times through.

So um, between having got rid of a lot of the civil suits in the mid ’80’s and ’93, when we ultimately got exemption, I mean the number one mission was to obtain ah, tax exemption from the IRS and…

Reporter: Hm-mm.

Rathbun: ..you know, that was the bulk of what my attention was on and what I worked on.

Reporter: And you were right at the center of that IRS effort, right? Ah, you, ah, worked with Mr. Miscavige. Can you tell us about that, with the IRS people?

Rathbun: Yeah, okay. Well, um, in the late ‘9… late ’80s, ah, and going into the early ’90s, ah, you know, I was tasked with the, with, with, um, implementing um, strategies to try to overwhelm the IRS like they were attempting to overwhelm us. [chuckles] And it was sort of like a “fight fire with fire” situation.

Um, we brought FY… Freedom of Information Act lawsuits, um, in numerous different jurisdictions. We had legal, ah, litigation strategies to um, counteract their strategies to deny certain churches exemption and that sort of thing. But it, it was, it was a huge battlefield. It was nation-wide. It was literally twenty-seven hundred suits at one point.

And I was very much involved in coordinating and coming up with strategies and then executing a lot of that between the late ’80s and the early ’90s.

7:23

And then in ah, late ’91, ah Dave Miscavige and myself were in Washington. And Miscavige kept bringing it up with the attorneys, you know, “Why don’t we just sit down with the Commissioner and get this thing straightened out?” because there’s so much, you know, there’s so, there’s so much insanity that goes on when you have this kind of institutional fight going on for so long. And you know you’re fighting over issues that are anachronistic in a lot of cases. They’re just, they’re, they’re not, they’re not even–. You know we’re, we’re fighting over– For example we were fighting over the years ’70 through ’72. That’s as far as the litigation had reached, and here we are twenty years later in ’90, ’91.

So he kept pressing that you know, “Why don’t we just go straight to the top and talk to the Commissioner.”

And we had a lot of expensive attorneys from D.C. and Washington who were, you know, attempting at different levels to start negotiations. And that went in fits and starts and one day we were in Washington, and finally ah, Dave said to one of the attorneys there, he said, you know, “We’re going to go…just go straight down there and go see Fred.” And he… and of course the attorney was laughing. And he turned to me and he said, “Right?” And I said, “Yeah!” And then you know…they all thought it was a joke. And we ah, right afterwards, we just got up from lunch, got in a cab and went straight down there and opened the door. You know, opened the door to, to, to get negotiations going. We didn’t get in a meeting, ah, as has been reported. We didn’t just walk in to the Commissioner’s office. We walked in and said, “We’d like to bury the hatchet.” Couple of assistants, assistants of the Commissioner came down and saw us, took all our information, said he would get…said they’d get back to us. And they did, I think it was even later that day, to set up a meeting with the Commissioner for the following week.

Reporter: This was Fred Goldberg?

9:10

Rathbun: Yeah, Fred Goldberg.

Reporter: Uh-hmm, okay. And that began a process, ah, after that?

Rathbun: That began a process. I mean, all Fred Goldberg did was open up the door to creating a f, a forum where we could make a case for exemption. Um, and what he did that was, that was ah, was so positive and unique was is he tried to bring somebody in who was fresh, who, who knew exempt organizations but didn’t have a long history with Scientology.

Reporter: Mm-mm.

9:40

Rathbun: Ah, cuz there was some real haters, some real Scientology haters within, that you know, had an attitude of, no matter what you said, they were going to, you know, they were going to deny the exemption.

And um, so all he did was put, give us the ability to, to, to meet with a team that didn’t really have a, a long track record on this, yet knew exempt organizations, knew what the requirements were. And said, “Okay, prove you’re exempt.”

10:08

And then that process went on for at least two years. I mean we were literally commuting to Washington D.C. almost every week. It was Monday, or Sunday out to D.C., see the IRS, present the answers to their, their set of questions, get another set of questions, go back to L.A., get the information together, get the, you know, some would entail audits of certain units, or this sort of thing, you know, you have to account for different things, [Scratching left ear] in, in operations, in finances, and that sort of thing. Boom! Next Sunday, back on a plane, back to D.C., another meeting with– That went on for two years.

10:43

Reporter: And this process is, is it, is it you and Mr. Miscavige primarily?

Rathbun: Primarily. Um, at one point attorneys came in, started coming with us. We were really starting to get into more technical audit issues. Ah, Mike Rinder ah, attended several of the meetings. Heber Jentzsch attended several of the meetings. And then we would sometimes bring in experts on different fields. Like Rick Moxon came in to one on FOIA.

Um, Bill Walsh was another FOIA attorney who came in and attended one or two meetings. But primarily, ah, the two constants through the, from the beginning to the end were ah, Dave and myself.

11:19

Notes

The Boston Globe: SJC blasts 2 lawyers for ethics breach (February 7, 2008)

Disbarment caps long-running case

By John R. Ellement

Globe Staff / February 7, 2008

The state’s highest court ordered the disbarment of two Boston lawyers yesterday for crossing ethical boundaries in the Demoulas supermarket family feud in the 1990s, issuing the harshest possible ruling in what is probably the final chapter of the long-running case.

The SJC said Gary Crossen (left) acted on a hunch of judicial bias and Kevin Curry acted for financial gain.

DISBARRED

In a unanimous ruling, the Supreme Judicial Court said Gary C. Crossen, a prominent lawyer and former adviser to Republican governors, and Kevin P. Curry, a longtime defense attorney, shamed themselves and the legal profession. The two men were trying to prove that the Superior Court judge on the case was biased and committed misconduct.

“This was not conduct on the uncertain border between zealous advocacy and dishonorable tactics,” Chief Justice Margaret H. Marshall wrote for the unanimous court.

The Demoulas case is legendary in Boston legal circles for the large fees collected by lawyers, the estimated $1 billion business at stake among the parties, and for the way it scarred the careers of many of the individuals caught in its web over the years.

“What a tale,” said Harry Manion, a Boston lawyer who has not been scarred by the case but represents Paul Walsh, a onetime law clerk who became an unknowing pawn in the legal fight between two branches of the Demoulas family seeking control of the lucrative supermarket business.

At issue were attempts by Curry and Crossen to find some way of derailing the rulings of Maria Lopez, who was a superior court judge at the time, in the lawsuit between the two branches of the Demoulas family, which owns the Market Basket supermarket chain worth an estimated $1 billion.

“A hunch about judicial misconduct does not justify a reckless and unexamined pursuit of that hunch,” Marshall wrote of Crossen, a former federal prosecutor. “Crossen had an obligation to the principles of justice to keep the investigation within ethical bounds.”

Curry and Crossen lured Walsh, who worked for Lopez as a clerk, to Nova Scotia, New York, and Boston with a sham job offer purported to be from an overseas insurance company. Seeking to find evidence that Lopez was biased against their clients, the lawyers secretly recorded their conversations with Walsh, asked him about Lopez, and threatened to report him to the Board of Bar Overseers for a technical violation if he did not cooperate and back their belief that the judge acted unethically, according to the SJC.

Walsh instead went to Manion, who brought in the FBI. Walsh ended up wearing a wire to record conversations, principally with Crossen. The Justice Department ultimately decided not to prosecute Curry, Crossen, and a third attorney, Richard K. Donahue.

Marshall wrote that Curry “had no credible evidence of any kind to suspect Judge Lopez of a scintilla of bias.” The judge said Curry acted only for personal financial gain.

Crossen said in a phone interview that he continues to believe he acted ethically, but said he was relieved the case is finally over.

“I disagree with the result, but after 10 1/2 years, I am glad that there is finally some end in sight to the process,” Crossen said. “I tried to get to the truth about a very serious allegation of judicial misconduct. That was what we attempted to do.”

Crossen, who has an office in Lexington, said he has become involved in businesses other than the law in recent years and will shift his focus there. He said he will consider appealing to the US Supreme Court.

In addition to being a former federal and Suffolk County prosecutor, Crossen is former chairman of the state Judicial Nominating Commission, and former ethics counsel to Governors William F. Weld and Paul Cellucci.

Both Curry and Crossen can apply for readmission to the bar after eight years, according to the Office of Bar Counsel, which brought the charges against them.

Curry, through a relative, declined to comment. His lawyer, Terry Segal, said Curry had no prior disciplinary record and called his disbarment “a sad day for the legal profession.” Segal said defense experts considered the tactics legal and appropriate.

In December 2006, Donahue, who is 80, accepted a three-year suspension from practicing law. The former chairman of the Board of Bar Overseers, former assistant to President Kennedy, and onetime president of Nike Inc. helped devise the plan but did not interact directly with Walsh.

Lopez, who resigned from the bench in 2003 after a Judicial Conduct Commission hearing into her actions on the bench in unrelated cases, is now a television judge. She declined to comment.

Her husband – Stephen Mindich, who is publisher of the Phoenix – said he was thrilled about the SJC ruling. Mindich and Lopez were also attacked by Crossen for reportedly dining at a Boston restaurant in the 1990s with Robert Gerrard, who represented the winning side.

“It came out right,” Mindich said.

Gerrard pleaded guilty to federal charges of illegally collecting Social Security payments and had his legal license suspended in 2006.

Michael Mone, Lopez’s attorney, said the former jurist feels vindicated by this decision and the four other times the SJC has upheld her rulings in the Demoulas case.

“She knew from the very beginning what they had done was wrong,” said Mone. “The lawyers had done damage to both Paul Walsh and his family and her family.”

Arthur T. Demoulas, who hired Curry and Crossen, did not return a telephone call seeking comment yesterday.

J. Owen Todd, a Boston lawyer who has represented a key member of the winning Demoulas side, said yesterday that since Lopez’s decision, the family has reached an uneasy peace.

“They don’t have much to do with one another,” he said of the two branches. “They are not warm, but they are required to tolerate each other.”

Shelley Murphy of the Globe staff contributed to this report. John Ellement can be reached at ellement@globe.com.