I, Vicki J. Aznaran, make the following declarations on personal knowledge except where the context indicates knowledge based upon information and belief.1
My husband Richard Aznaran and I are plaintiffs in the instant action wherein defendants (hereinafter referred to collectively as “Scientology”) have moved to strike our entire complaint and to prevent our attorneys from representing us.
2. As set forth in more detail below, my husband and I were involved with Scientology for approximately 15 years. For much of that time we were members of an organization known as the Sea Organization. This organization is an elite organization within Scientology. The Sea Organization has considerable influence and control over Scientology organizations. Generally, Sea Organization members hold the management posts within Scientology.
3. In 1978, after approximately four years as staff members, my husband and I joined the Sea Organization. From 1978 to early 1987, my husband and I worked most of our waking hours, with very few days off, at our various assignments within Scientology. I eventually became President of Religious Technology Center and, supposedly, the top “ecclesiastical” authority within Scientology. Richard was a high-level security officer. During this period my husband and I became intimately familiar with the structure and activities of various Scientology organizations. Among other things, I was briefed on and sometimes a participant in meetings involving litigation tactics and various
means used to attack and fight “enemies” of Scientology. In numerous instances I was in the chain of command or approval for such activities. The legal strategy of Scientology and the existence of numerous potential legal problems, some of which are set forth below, were known to me when I was a staff member in Scientology. Contrary to, what I understand to be claimed by defendants herein, Mr. Yanny did not reveal to me the legal strategies or secrets of Scientology. Nor did Mr. Yanny invent or open my eyes to the wrongs that I had suffered at the hands of Scientology.
4. I have become an “enemy” of Scientology. This has certain consequences that will influence what Scientology will do in this litigation. For example, it is important to understand that their value system allows dishonesty if done in the name of Scientology.
5. Enemies of Scientology are deemed to be “suppressive persons”(“SPs”). One becomes a “suppressive person” by doing a suppressive act, such as suing Scientology as a litigant or lawyer. In the jargon of Scientology, when one is “declared” this means that one has been declared a “suppressive person” and, therefore, may be, harassed, hurt, damaged or destroyed without regard to truth, honesty or legal rights. It is considered acceptable within Scientology to lie, cheat, steal and commit illegal acts in the name of dealing with a “suppressive person”.
6. This practice or policy is sometimes referred to as the policy of “fair game”. In the jargon of Scientology, a person who is “declared” is understood to be a suppressive person. This means that the person is “fair game”. The fair game policy was
issued in the 1960s. It was, never cancelled. A document was issued for public relations reasons that purportedly cancelled “fair game”; however, that document stated that it did not change the manner of handling persons declared “SP.” In reality, the purported cancellation of fair game is at most a matter of semantics. Enemies of Scientology are treated as “fair game.”
7. It is my understanding, and I have so testified in my deposition, that when my husband and I escaped from Scientology we were not immediately declared suppressive persons or subjected to the fair game policy. Among other things, we were compelled to do certain things and sign various documents to escape and avoid being subjected to fair game treatment. As we have now sued Scientology, we are “fair game”.
8. From 1984 through early 1987, I was President of Religious Technology Center (hereinafter “RTC”). As President of RTC and a Sea Organization member, I attended many meetings concerning the numerous legal actions involving Scientology organizations. During this time period, I had personal access to all legal documents having to do with RTC. I received a report every day on my computer that included a synopsis of each ongoing legal case involving Scientology. I received, or so I was told, copies of every major motion filed in cases involving Scientology. I was on the “approval lines” for legal documents dealing with RTC. During this time period, I had the option of attending legal meetings although some were mandatory. I attended many litigation meetings and became generally aware of Scientology’s dirty tricks and legal maneuvers. On specifics, I frequently deferred to in-house and outside counsel, however, at least in theory, I was
the head of RTC and had access to any business or litigation ” secrets” of Scientology.
9. As President of RTC, I was one of those responsible for retaining the services of Joseph Yanny as counsel for Scientology organizations. I supervised and worked with Mr. Yanny who served as coordinating attorney for RTC in 1985. I am not aware of any legal or corporate information concerning RTC that was available to Mr. Yanny but not available to me.
10. I am informed and believe that various Scientology organizations are contending that Mr. Yanny has somehow improperly educated me on the legal maneuvers, tactics and affairs of Scientology. Although such claims are consistent with litigation tactics of Scientology, which .are not constrained by considerations such as truth and reality, the proposition that I need Mr. Yanny to educate me on the internal affairs of Scientology is simply wrong. I was one of the highest ranking members of Scientology and was involved in upper management. Mr. Yanny was a lawyer hired by management, of which I was a part, to work for it. Further, it was the practice during the time period in question to screen the information given to outside counsel such as Mr Yanny.
11. It is the stated policy and practice of Scientology to use the legal system to abuse and harass its enemies. This crude, fundamental directive of Scientology is no secret. In any event, this information did not come to me from Mr. Yanny. The policy is to do anything and everything possible to harass the opposing litigant without regard to whether any particular motion or maneuver is appropriate or warranted by the facts or applicable law. That policy was followed in every legal case I was involved
with or learned about while a member of the Sea Organization. The management of Scientology consistently expressed and demonstrated a complete disdain for the court system viewing it as nothing more than a method to harass enemies. Some examples of this are set forth below.
12. During litigation between Gerald Armstrong and Scientology, which was before Judge Breckenridge of Superior Court for Los Angeles County, the court ordered the production of Armstrong’s pre-clear (“PC”) folders. These are files maintained by Scientology on those who submit to interrogation sessions in a process called auditing. During the course of that litigation I was ordered to go through Armstrong’s folders and destroy or conceal anything that might be damaging to Scientology or helpful to Armstrong’s case. As ordered, I went through the files and destroyed contents that might support Armstrong’s claims against Scientology. This practice is known within Scientology as “culling PC folders” and is a common litigation tactic employed by Scientology.
13. During other litigation in Los Angeles known to me as the Wollersheim case, I was told that the. judge had ordered the production of Wollersheim’s folders. As ordered, I “culled” these files. In other words, I removed contents that might have been damaging to Scientology or support Wollersheim’s claims against Scientology. For example, I removed evidence of events involving his family, the anguish this caused him, evidence of disconnection from family and evidence of fair game.
14. I was involved in numerous meetings concerning what is known to me as the Christofferson case in Portland, Oregon. This
case was tried twice. In the first case, a Scientology witness by the name of Martin Samuels was coached and drilled for hours on how to lie convincingly or avoid telling the truth. Before or during the second trial he admitted to this course of conduct. In this litigation, a Scientologist by the name of Joan Shriver produced responsive documents that may have been incriminating. This was a serious breach of policy for which she was punished. These documents were ordered produced on such short notice that apparently files were not thoroughly “culled”. In another case, Mr. Yanny was severely criticized and almost fired for failing to properly coach and feed the desired answers to Heber Jentzsch. Mr. Jentzsch was, for public relations reasons, the purported head of the Church of Scientology International. During his deposition, Mr. Jentzsch was unable to answer fundamental questions concerning the management of Church of Scientology International. This may be what certain defendants are referring to when they say that they were dissatisfied with Mr. Yanny’s services and I protected him. There were those, including McShane, who were outraged by the embarrassing testimony of Mr. Jentzsch. This was blamed on Mr. Yanny. I did not wish. to discontinue using Mr. Yanny at RTC for this perceived problem.
15. In November, 1985, I was present at a meeting whereat Earle Cooley, a Scientologist lawyer, Lyman Spurlock and Norman Starkey, all high ranking Scientologists, announced that they were going to contact Judge Mariana Pfaelzer. Earlier that day Judge Pfaelzer had denied a Scientology motion for a temporary restraining order. After losing on the application there was a meeting to determine what to do about the situation. At the
meeting Mr. Cooley had a file, that purportedly contained background and personal information on Judge Pfaelzer. During the meeting Mr. Cooley and the others announced that they were going to attempt to meet with Judge Pfaelzer that evening, at her house if necessary, concerning the litigation in which the temporary restraining order had been sought. Thereafter, Mr. Cooley and two others left with their file on Judge Pfaelzer. They returned several hours later at which time I was told that their attempts to contact Judge Pfaelzer had been unsuccessful.
16. In late 1979 and early 1980, there was a massive document destruction program undertaken to destroy any evidence showing that L. Ron Hubbard (“LRH”) controlled Scientology. I participated in this activity in Clearwater, Florida and am informed that there was also intensive document destruction at facilities in Gilman Hot Springs, California. From at least that point onward there was a continuous effort to hide or destroy any evidence of Hubbard’s control. For example, during an IRS investigation in 1984 and 1985, while in bed with pneumonia, I was ordered out of bed by Norman Starkey who told me that they had received a tip from a Los Angeles Police officer advising them of a pending IRS raid in Los Angeles. Mr. Starkey ordered me to go to a computer facility and insure that all information on the computers in Los Angeles that might show Hubbard’s involvement and control of Scientology’s money was destroyed except for one copy of each document. These copies were to be saved on computer discs which were to be hidden in secure storage places. At the time I was also instructed to destroy anything that would show the control of Mr. Starkey or Mr. Miscavige over Scientology.
17. I have been informed and believe that a an improper affidavit was filed in a case brought by L. Ron Hubbard, Jr. in Riverside, California. The circumstances were as follows: The document purported to be an affidavit of L. Ron Hubbard. The signature of Hubbard was purportedly notarized by David Miscavige. It is my understanding that this affidavit caused the case to be dismissed. Subsequently, I was told by Pat Broeker, who had been living with Hubbard at the time, and by Miscavige, that Miscavige had not seen Hubbard between 1980 and Hubbard’s death in 1986. Accordingly, the affidavit was apparently signed, notarized and dated during a time period when Hubbard was in seclusion and not seen by the person who purportedly notarized the signature of Hubbard.
18. In or about 1981, while working in a Scientology organization known as the Guardian’s Office, I had access to and observed various written and oral communications pertaining to illegitimate activities participated in by the Guardian’s Office.
The Guardian’s Office attempted to infiltrate both governmental and private agencies including the IRS, the Department of Justice, the American Medical Association and the National Institute of Mental Health. The purpose of this was to steal documents pursuant to Hubbard’s “Snow White” program. The goal of this program was to eliminate any negative reports about Hubbard and Scientology that may have been held by these various agencies.
19. While involved in Scientology I became aware of various operations directed against an author who had written a negative book about Scientology. The author, Paulette Cooper, was subjected to various forms of harassment. One operation included an
attempt to frame her. A false bomb threat was written. A Scientology agent lifted a fingerprint from Cooper’s apartment. These fingerprints were then transferred to the bomb threat letter. Ms. Cooper was subjected to an investigation and was not cleared until an FBI raid resulted in the seizure of Scientology documents that exposed the operation as a frame-up. There was at least one other operation directed against Ms. Cooper. The substance of it was to plant a boyfriend to reinforce and play upon her suicidal tendencies in the hopes that she would commit suicide.
20. In 1976 and 1977, the then Mayor of Clearwater, Florida, Gabe Cazares was involved with litigation against Scientology. Arrangements were made to have an attorney by the name of Merril [sp. Merrill] Vanniere [sp. Veneer?], a Scientologist, represent Mr. Cazares and sabotage his case. This plot was also exposed by documents obtained in an FBI raid of a .Scientology facility. Also, in response to Mr. Cazares’ litigation against Scientology, an attempt was made to implicate Mr. Cazares in a staged hit-and-run accident.
21. During the time period of my involvement with Scientology, I also learned of various. attempts to influence judges or force their removal from cases. For example, a private investigator named Dick Bast obtained a statement from a prostitute concerning involvement with a certain judge in Washington, D.C. who was sitting on a Scientology case. This was then publicized. The judge did not continue on the case. The same investigator, Dick Bast was also hired for the purpose of attempting to force the removal of a judge in Tampa, Florida. This involved what I know as the Burden case, which was civil
litigation brought by Michael Flynn. Dick Bast secured a yacht and attempted to get the judge on board for the purpose of filming him under compromising circumstances. The judge declined to go yachting and the operation was unsuccessful. Approximately $250,000.00 was spent on the operation.
22. I have been informed by Mark (Marty) Rathbun, a high ranking Scientologist, that his private investigator, Gene Ingram, “fed” a confession to Ala Tamimi when visiting him in an Italian prison. This false confession was, in substance, that Tamimi had been involved in a bad check scam involving an account of L. Ron Hubbard. This false confession implicated attorney Michael Flynn in the check scam. Michael Flynn was at the time considered a major enemy of Scientology because he represented numerous clients with claims against Scientology. This purported confession was used to slander and attack Michael Flynn. Michael Flynn has also been sued.by Scientology as part of its “strategy” for handling enemies.
23. During an IRS criminal investigation in the 1984 to 1985 time period, the IRS ordered production of various communications between Hubbard and Author Services, Inc. (ASI). The ASI staff worked literally day and night for several days reviewing documents so that unfavorable documents could be destroyed or otherwise concealed from the IRS. Lyman Spurlock and Marion M. Dendui, Scientologists involved in this operation, informed me of this operation. Also during this IRS investigation, my husband, Rick Aznaran, was ordered to remove and conceal any incriminating documents from certain locations. He was also directed to make the computer network “raid proof”. This involved creating a
system where incriminating documents could be deleted from computer storage rapidly and before the IRS could obtain control over the computers.
24. In 1985, I attended a conference on “squirrels” attended by Miscavige, Starkey, Spurlock, and McShane, members of top management, and others. In Scientology jargon, “squirrels” are people who use or practice some procedures also used by Scientology but who do not submit to the total control of the Scientology organization and, perhaps most importantly, who do not pay a percentage of their auditing or counseling fees to Scientology. At this meeting, David Miscavige ordered that public Scientologists be organized and motivated to physically attack squirrels and disrupt their operations. This was stated to be pursuant to the standard guidelines of Scientology. Pursuant to such directives, efforts were undertaken to intimidate and disrupt these persons and their organizations.
25. In 1981, operation “Juggernaut” was commenced. The purpose of this was to destroy Michael Flynn who, as stated above, was representing various plaintiffs with litigation against Scientology. This operation contemplated the use of infiltration, propaganda and attempts to persuade clients to turn against him.
26. The Guardians’ Office got into so much trouble, and worse yet got caught, that it was decided in the early 1980’s that the Guardians’ Office should be disbanded. This was purely a public relations gimmick. In short, it was decided that the Guardians’ Office and Mary Sue Hubbard, its then leader, were to take the rap for all criticism and improper conduct. This scheme was laid out in various written communications I observed in 1981
and 1982. (Of course, I was not allowed to keep or escape from Scientology with any such incriminating documents.)
27. Since the early 1970’s, Scientology has operated a forced labor camp known as the Rehabilitation Project Force (“RPF”). Staff members are incarcerated in the RPF for various real or imagined offense. People confined at this camp are forced to perform hard physical labor every day. They eat rice and beans, or left-overs, and wear rags. They are deprived of sufficient sleep. In 1987, I was confined in such a camp at Happy Valley for approximately six weeks. I worked all day and was confined in a room at night. To the best of my knowledge I was guarded 24 hours a day. They would not even let me shower alone. I had to obtain permission to use a bathroom. I was ill and not allowed to obtain medical treatment. I was not allowed to communicate with my husband nor was I allowed to obtain adequate sleep. I was told that I had gone insane and that my husband did not want to communicate with me. I was physically and psychologically abused both at Happy Valley and for numerous days thereafter in a process called “security checking”. Much oversimplified, I was grilled on a primitive lie detector called an E-Meter and made to understand that I would not be released, have my property returned, or escape fair game policy unless I eventually gave all of the “right” answers. Examples of ” right” answers were responses that I would not talk to a lawyer or consider suing Scientology. I had to give such answers before being released.
28. Recovering from the years of brainwashing, thought control and propaganda to which Scientology subjected me is a
gradual process that I do not fully understand. I am not a psychologist or psychiatrist and do not fully understand the ramifications of what I have been through although I can observe and experience many symptoms. I have many nightmares and a fear of Scientology.
29. The suit brought by Richard Aznaran and myself is based upon real events that happened to real people, namely us. Just as my husband and I do not need Mr. Yanny to educate us on any secrets of Scientology, it is simply untrue that our claims were somehow invented or manufactured by Mr. Yanny. The whimsical notion that Mr. Yanny invented this litigation through my husband and me is simply false.
30. My husband and I consider Mr. Yanny to be a friend. Further, it might be noted that Mr. Yanny was to serve as my personal counsel in a class action against Scientology and numerous individuals including myself. Recent events have changed this, however, .there was a period of time when Mr. Yanny was purportedly designated as my personal counsel with the approval of Scientology.
31. My husband and I feel quite strongly that we want Barry Van Sickle and the firm of Cummins & White to represent us in this case. Our reasons are both subjective and objective. We do not wish to list our subjective reasons, although we will do so if the Court requests it. Objectively, it might be noted that we had considerable difficulty finding counsel willing and in a position to undertake this extremely volatile, time consuming and expensive litigation. We are unable to pay hourly rates to pursue our claims and need a firm willing to work with us on a contingency
fee basis. I anticipate great difficulty, delay and prejudice if forced to find other counsel.
32. Based upon my experience within Scientology and as a litigant against it, I understand that this is not routine litigation. If I am forced to find other counsel, prospective counsel will be presented with the following situation:
(a) A complex case that must be handled on a contingency fee and cost-advanced basis;
(b) A case that requires a litigation team and substantial financial resources;
(c) A case involving an opponent who has a practice and history of suing opposing lawyers as a tactic in addition to subjecting opposing lawyers to surveillance, depositions, infiltration, bad publicity and the full ramifications of the fair game policy;
(d) A case where the opponent is not constrained by a need to be cost effective, truthful, honest or reasonable; and
(e) A case that requires extraordinary security precautions.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Executed this 9th day of August, 1988, in Dallas, Texas.
VICKI J. AZNARAN
VICKI J. AZNARAN – 6-22-88 VOLUME 21
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
VICKI J. AZNARAN AND
RICHARD N. AZNARAN
CHURCH OF SCIENTOLOGY OF CALIFORNIA, INC.;
CHURCH OF SPIRITUAL TECHNOLOGY, INC.;
SCIENTOLOGY MISSIONS INTERNATIONAL, INC.;
RELIGIOUS TECHNOLOGY CENTER, INC.;
AUTHOR SERVICES, INC.;
CHURCH OF SCIENTOLOGY INTERNATIONAL, INC.;
CHURCH OF SCIENTOLOGY OF LOS ANGELES, INC.;
MISSION OFFICE WORLDWIDE;
AUTHOR FAMILY TRUST;
THE ESTATE OF L. RON HUBBARD;
NO. CV 88-1786-WDK
ORAL DEPOSITION OF VICKI J. AZNARAN
On the 22nd day of June, 1988, at 10:00 a.m., the oral deposition of the above-named witness was taken at the instance of the Defendants before Roger W. Miller, Certified Shorthand Reporter in and for the State of Texas, at the offices of Cohan, Simpson, Cowlishaw, Aranza & Wulff, in the City of Dallas, County of Dallas, State of Texas, pursuant the agreement hereinbefore set forth.
STANLEY, HARRIS, RICE 720-4567
VICKI J. AZNARAN – 6-22-88
Appearing for the Plaintiffs
CUMMINS & WHITE
1600 Wilshire Blvd.
Los Angeles, CA 90017-1695
Appearing for Defendant Author Services, Inc.
Mr. Michael Lee Hertzberg
275 Madison Avenue
New York, NY 10016
Appearing for Defendant Religious Technology
COOLEY, MANION, MOORE & JONES
Russia Wharf West
530 Atlantic Avenue
Boston, Massachusetts 02210
By: Mr. Earle Cooley
Mr. Aron C. Mason
Mr. Mark Rathbun
VICKI J. AZNARAN – 6-22-88 VOLUME 2
because I was just doing missions.
Q Who was the head of the CMO at that time?
A Part of the time, John Nelson was, and part of the time Dee Dee Residorf’s sister, but I can’t think of her name. Gail.
Q Gail Reisdorf or Gail —
A The mother of —
Q Irwin, Gail Irwin?
Q Now, although — did you destroy these documents in the Guardian’s Office on your own origination or were you ordered to do so?
A Ordered to do so.
Q And who ordered you to do so?
A Steve Marlowe. M-a-r-l-o-w-e, I believe.
Q Now, you also testified that in 1984 you removed documents from Gerald Armstrong’s PC folder to keep these documents from going to court. Remember that?
Q Were you a Deputy IG — Deputy Inspector General at the Religious Technology Center at that time?
A Or Inspector General.
Q Or Inspector General? And did you have
STANLEY, HARRIS, RICE 720-4567
VICKI J. AZNARAN – 6-22-88 VOLUME 2
custody and control of Armstrong’s PC folder?
A I did for a certain time period, yes.
Q During what time period?
A I don’t remember. Might have been 1985 or sometime in 1984.
Q Well, now, in what case were these PC folders going to court?
A I believe it was a suit that the church had brought against Jerry Armstrong.
Q The suit that the church brought against Armstrong?
A I think so.
Q And did you remove these documents from Mr. Armstrong’s PC folder on your own origination or on somebody’s instructions?
A I can’t remember exactly how it came about. The folders were with the Office of Special Affairs, and there was — I think that Judge Breckenridge had ordered them turned over. And I was informed by this — of this by someone at OSA, and I am not positive right now who informed me of the Judge’s order. And seems like there was a meeting or something about it or — I’m really not real clear on how it started. And then I had the PC folders brought over to RTC in LA, where I went
STANLEY, HARRIS, RICE 720-4567
VICKI J. AZNARAN – 6-22-88 VOLUME 2
through them and removed things from them. And some of those things I destroyed, and some of them I put away or gave to someone in OSA, I believe.
Q My question is: Did you do that own your own origination or did somebody order you to do it?
A Well, I believe I was told to do it, but I can’t remember who, right now.
Q Do you recall that, during that period of time, you had two positions, your position at RTC and the position of CO, OSA Int.?
A No, I wasn’t CO, OSA Int. at that time.
Q When were you commanding officer of OSA Int.?
A I believe it was for two or three months in late — in 1984.
Q Which two or three months?
A I don’t honestly recall. I think it was late, like October. No, November, maybe September, October, November.
Q Did you ever inform Gerald Armstrong that you did this?
Q Did you ever inform Michael Flynn that you did this?
STANLEY, HARRIS, RICE 720-4567
VICKI J. AZNARAN – 6-22-88 VOLUME 2
STATE OF TEXAS )
COUNTY OF DALLAS )
I, Roger W. Miller, Certified Shorthand Reporter in and for the State of Texas, certify that the foregoing deposition of VICKI J. AZNARAN was reported stenographically by me at the time and place indicated, said witness having been placed under oath by me, and that the deposition is a true record of the testimony given by the witness.
I further certify that I am neither counsel for nor related to any party in this cause and am not financially interested in its outcome.
Given under my hand and seal of office on this the 22nd day of June, 1988.
[signed Roger W. Miller]
Roger W. Miller, Certified
Shorthand Reporter No. 1357 in
and for the State of Texas
Stanley, Harris, Rice, Cogburn,
Stunkard, Miller & Associates, Inc.
3100 McKinnon, Suite 1000
Dallas, Texas 75201
My commission expires December 31, 1988.
STANLEY, HARRIS, RICE 720-4567
I, VICKI AZNARAN, do hereby declare as follows:1
I am over the age of eighteen and if called to the stand and sworn under oath I could competently testify as follows:
1. I was involved with the Church of Scientology from 1972 to April 1987. During this time I held various management roles within the Church of Scientology. In 1982 I became an official for the Religious Technology Center which controlled the use of Scientology trademarks. At one time I was head of this entity.
2. Prior to my tenure at RTC, I was a Commodore Messenger in Clearwater, Florida.
3. Around 1981 and into 1982, Scientology disbanded the Guardian’s Office as members of the same had been arrested for theft of government documents and obstruction of justice.
4. I personally read dispatches setting forth L. Ron Hubbard’s plan that Scientology should separate itself from the acts that were done in the Guardian’s Office and therefore the Guardian’s Office should be disbanded.
5. Your declarant was selected to go to Los Angeles and take over the United States Guardian’s Office for purposes of reforming it and disbanding it. Pursuant to said plan, I reviewed many of the Scientology documents seized by the FBI. The accuracy and legitimacy of these documents were confirmed to me by other Scientology officials, including Norman Starkey and staff members of the Guardian’s Office who were on staff at the time documents were seized. These informants included Joe Lisa, Tom Ritchie, and Laurie Zurn.
6. While the Guardian’s Office was disbanded, the same was done in “name” only. The role was assumed by the Office of Special Affairs International located in Los Angeles at the old Ceders Complex.
7. Scientology still ran covert operations that included planting people as spies, bugging of rooms and raiding people’s garbage, particularly opposing legal staff, looking for information.
8. The Office of Special Affairs International has a public relations division which subscribes to a “clipping service” and maintains files concerning publicity and articles generated concerning the Church of Scientology.
9. The Office of Special Affairs International further has a legal division which monitors all legal cases involving the Church of Scientology and maintains records relating thereto.
10. In 1984 I attended a meeting of high Church of Scientology officials, including David Miscavige, Starkey, and Marty Rathburn. At this meeting Mr. Miscavige said that something had to be done about “squirrels.” “Squirrels” is a Scientology term for people who have left Scientology and offer an altered version of Scientology technology to the public. I personally heard Mr. Miscavige discuss getting their “field people” to go out and beat up squirrels. (In Scientology, field people are Scientologists not employed specifically by the Church.) These instructions were given to Warren McShane. Plans were discussed as to who would do it.
11. In late 1986, I saw a directive concerning planting someone close to Bent Corydon in order to obtain the manuscript of his book that he was writing on L. Ron Hubbard.
12. In 1982, I listened to a tape of L. Ron Hubbard outlining a plan, the purpose of which was to take over control of the Missions so that Scientology could control the Mission money and assets. It would also give Scientology the power to control and dictate activities of any Missions. Prior to this, Missions were generally autonomous.
13. As part of this plan, the purpose of the plan was not to be disclosed to the Mission holders. A sales pitch was created to falsely advise Mission holders that the new articles and by-laws would make their Missions better and more independent.
I declare under penalty of perjury that the above is true and correct to the best of my belief.
Executed on May 31, 1988, at Dallas, Texas.
- Retrieved from http://www.gerryarmstrong.org/50k/legal/related/3959.php ↩
DECLARATION OF MICHAEL J. FLYNN1
I, Michael J. Flynn, hereby depose and state under the pains and penalties of perjury that I have personal knowledge or information and belief as to the following:
1. The purpose of this affidavit is to respond to charges made by the Church of Scientology and its counsel against me and my colleagues in connection with our activities and conduct in Scientology-related litigation. An additional purpose of the affidavit is to place in perspective our role in the commencement, prosecution and defense of Scientology cases, particularly in the context of (1) alleged personal harassment of ourselves and our clients, (2) the alleged tactics of the Church of Scientology to inundate various courts with massive docket filings, (3) the filing of allegedly frivolous and malicious lawsuits, bar complaints, and distribution of defamatory publications on the streets and in the media, (4) allegedly engaging in a systematic pattern to infiltrate our law offices, steal documents therefrom, disrupt our law practice, and (5) generally engaging in an assortment of abusive and unlawful conduct to deprive our clients of their legal rights and access to the courts. The affidavit will demonstrate to the court that in light of the facts, we have acted with professional restraint, diligence and within the bounds of the canons of ethics in seeking to prosecute the claims of our clients in the face of extensive, malicious, personal harassment as well as legal harassment through the filing of frivolous lawsuits, bar complaints, etc. Although Scientology and its counsel have, to some degree, succeeded in creating the impression in various courts throughout the United States that Scientology litigation in general is the product of a personal campaign between the lawyers on both sides to use the judicial system to vindicate personal animosities, it has always been our intention to obtain legal redress for our clients. We submit that the Church of Scientology is engaged in an elaborate and concerted plan to
create that impression by besieging each of the courts with such a massive amount of paperwork together with incessant charges against me that a true and just adjudication of the rights of the victims have become secondary. An examination of the dockets in virtually every case will reveal that we have been required to continually respond to personal attacks which have cluttered the docket entries. These continued personal attacks, such as motions for disqualification, depositions of counsel, lawsuits against counsel, contempt proceedings against counsel, bar complaints against counsel, and personal harassment of counsel, have resulted in a cluttering of the court dockets and the misdirection of the subject cases. The foregoing approach adopted by the Church pursuant to its written policies has been designed to confuse and obfuscate the legitimate factual and legal issues in the subject litigation. The attack by the Church of Scientology has been uncalled for, distorted, and unlawful.
2. In late June or early July, 1979, La Venda Van Schaick engaged me to obtain a refund of funds paid by her to the Church of Scientology in the amount of approximately $12,800.00. At that time, I knew nothing about the Church of Scientology, and was reluctant to undertake Van Schaick’s request because she informed me about the operating practices of the Church towards its so called “enemies”. However, at the request of several individuals and after preliminary investigation, I sent a letter to the Church dated July 17, 1979 requesting a refund of all funds paid by Van Schaick. (Exhibit 1 attached.) After sending Exhibit 1, I received a letter from the Church stating that no refund would be paid. (Exhibit 2 attached.) During the pendency of the aforestated correspondence, an individual holding himself out to be one “Chuck North” contacted me and asked to be engaged as a private investigator/
consultant in connection with “researching and investigating cults.” North specifically asked and requested to have access to any “cult files” in my office for the purpose of assisting
his research and investigation. I became suspicious about the coincidental mailing of the Van Schaick correspondence and the solicitations of North. As it later turned out, North was in
fact an agent of the Church seeking to infiltrate our offices. (Exhibit 3, Affidavit of Warren Friske, attached.)
3. During the period between July to September, 1979 when the correspondence concerning Van Schaick refund was being exchanged, I began to receive telephone calls from clients,
relatives, and friends stating that they had received strange telephone calls from various individuals requesting information about me. During the same period of time, in connection with numerous telephone calls and correspondence involving non-Scientology related clients and cases, many strange and suspicious incidents occurred which suggested that my telephone calls and office affairs were either being monitored, intercepted, or knowledge about them otherwise obtained. For example, an individual called one of my clients and told her that I should be reported to the bar because I had not turned over all of the funds I had received in the trial of a case. In fact, the client was present at the trial, received a trial judgment upon a jury verdict, and was paid in full. During the same period of time, namely between July and September, 1979, Van Schaick alleges that she began to be followed, her apartment kept under surveillance, her employment activities monitored, and numerous strange and suspicious circumstances occurred in connection with her daily life, too numerous for purposes of this affidavit. The only activity of mine involving the Church at that point in time had been to send one letter requesting a refund!
4. After receiving the letter denying the request for a refund, I received a letter dated September 11, 1979 from the “Church of Scientology of Boston”. (Exhibit 4 attached) This letter, together with the other prior strange occurrences, together with the allegations made to me by Van Schaick as to the nature and operating practices of the Church, resulted in the decision by me to initiate an investigation into the entire matter. The September 11 letter stated that the Church would be willing to pay approximately 50% of the funds paid to the Church by Van Schaick and at the same time suggested that Van Schaick should not sue the Church for the balance of the funds because she had an extensive drug history, had “three abortions”, had “attempted suicide”, had severe marital problems, and had signed an agreement never to sue the Church or the Hubbards. I had been informed by Van Schaick that all of the foregoing information came from her confidential, “auditing” or “confessional files” and that it was a regular practice of the Church to send such a letter to any person claiming refunds or to their counsel. Van Schaick stated that the auditing information had been given in strict confidence but that the Church, pursuant to written policy, regularly utilized such information to block legal recourse and for other purposes including blackmail and extortion even though it also had a written policy covering refunds.
5. Shortly after the receipt of the foregoing letter, I received several anonymous telephone calls suggesting that representation of Van Schaick was a dangerous matter, that no one “messes with the Church”, that if I had any doubts about this issue, to contact other people who had sought to “interfere” with the Church. During September and early October, 1979, I, as a result of all of the foregoing, was involved in an active and extensive investigation of the allegations made by Van Schaick in order to determine the propriety of a lawsuit against the Church. Because of the many strange events that occurred during this period of time in connection with this investigation, I concluded that the Church or its agents were monitoring my activities, telephone calls, and my investigation. Among the numerous incidents that confirmed this were several occasions when I observed individuals following me, defamatory calls were made to various clients shortly after I had called these clients on the phone, and an employee at the small airport where I maintained any airplane observed unidentified individuals viewing the airplane and seeking information about it.
6. Between that date and the ensuing several months, Van Schaick, was allegedly subjected to numerous incidents of personal harassment involving the surveillance of her home and her child, being run off the road in her car, numerous telephone calls to her neighbors suggesting that she was an unfit mother, calls to her employer resulting in the loss of her job as a
waitress, attempts to convince her that I was engaging in harassive conduct against her, attempts to separate her from her husband, and other forms of harassment. In one instance, she
states that the Church sent an agent from Los Angeles to convince Van Schaick that the “harassive things” being done to her were initiated by me! (A copy of that agent’s note is attached as Exhibit 5.)
7. In November 1979, nine of the highest officers of the Church of Scientology were convicted of a variety of crimes, and approximately 30,000 documents seized by the F.B.I. from the
Church were released to the general public. I sent an employee to the Federal Court in Washington to copy thousands of these documents. These documents in large part verified the
allegations of Van Schaick and validated my belief that the Church was responsible for the numerous inexplicable and harassive incidents that had occurred in the prior several months.
The documents revealed a 15-year pattern of infiltration, burglary, bugging, harassment, and elaborate policies and operations to commit the foregoing pursuant to specific and detailed training manuals. The documents also contained hundreds of documents pertaining to the use of auditing information by the Church against individuals such as Van Schaick for the purpose of blocking and frustrating their legal rights, even specifying the use of extortion and blackmail. In fact, the specific written operations authorized by Mary Sue Hubbard to conduct this type of operation were among these documents.
8. During the same period of time, I conducted an extensive legal analysis and case research involving the Church of Scientology and learned that the publications of the Church of Scientology had been declared fraudulent in the case of United States v. Article or Device, 333 F.Supp. 357 (D.D.C., 1971) and that the Church had never complied with the decree in said case. Further, I learned that the Church had brought in excess of 100 cases against a variety of individuals and entities for the purposes of frustrating the legal rights of those parties and for the purpose of harassing them pursuant to a specific written policy of the Church which calls for the use of the judicial system to harass and destroy critics.
9. Finally, after approximately six months of research and investigation at a cost in excess of $20,000.00, we decided to bring a class action suit against the Church of Scientology to recover not only for the damages inflicted on Van Schaick, but also to seek relief for the class as a whole, for the failure of the Church to comply with the Article or Device decree. That suit was initiated on December 13, 1979, resulting in unsolicited contact by the news media to Van Schaick and me. After the news relative to the class action suit was disseminated in the press, the floodgates unexpectedly and surprisingly opened. My office was literally swamped in a period of weeks with hundreds of telephone calls by a variety of individuals and organizations including parents whose children had committed suicide while in the Church, individuals who had been hospitalized as a result of Church involvement, authors, reporters, individuals who had been allegedly defrauded by the Church, various law enforcement agencies, and other assorted contacts.
10. After the commencement of the Van Schaick action, the Church immediately attempted to infiltrate the class with an agent posing as a prospective client (see affidavit of Garrity attached as Exhibit 6), intensified its harassment of individuals associated with me, attempted to disrupt non-Scientology cases I was involved in, and generally initiated a campaign of
unrelenting personal and legal harassment. This campaign included the following:
a) Approximately three weeks after the commencement of the Van Schaick case, without filing a counter-claim in that action, and without filing a Motion to Dismiss within the time allowed by the rules, the Church initiated a lawsuit in the Federal District Court in Nevada against Van Schaick, Kevin Flynn, (my brother and an employee of my office), Thomas Hoffman, Esq., (a colleague), and Edward Walters, (a client). That suit alleged a conspiracy by these individuals to deprive the Church of its First Amendment rights. The suit was
dismissed by the Federal Court within 120 days.
b) At the same time as the filing of this action, the Church filed in succession four separate bar complaints against me alleging a variety of things including conspiracy to violate the Church’s First Amendment rights, the unlicensed practice of law by Kevin Flynn, and a variety of other charges. The first three complaints were filed on January 15, 1980, February 7, 1980 and April 3, 1980, all of which were dismissed on April 10, 1980 by the Massachusetts Board of Bar Overseers. (See Exhibit 7 attached.) On November 19, 1980, the Church filed yet another complaint which was dismissed on May 4, 1981. (See Exhibit 8 attached.)
c) After the dismissal of the Federal Nevada action, the Church then commenced an action against Van Schaick, Kevin Flynn, Edward Walters, and other clients of mine in the state court in Nevada, which was nearly identical to the federal action. As to Van Schaick and Kevin Flynn, this suit was also dismissed.
d) The Church also filed an action against me and four of my clients in the Massachusetts Suffolk Superior Court alleging that the clients had stolen materials from the Church of Scientology of Boston and turned them over to me. These materials primarily included the auditing files of the four clients who had left the Boston Church and taken their auditing files with them because they were aware the Church used them for purposes of blackmail. Also allegedly taken were some financial graphs and some Sea Org organizations. I stipulated in open court to filing the voluminous auditing files under seal with the court, returning the financial graphs, and maintaining possession of the Sea Org communications. The court adopted this offer and issued an injunction based upon it. In subsequent litigation around the United States, particularly in the recent case of the Church of Scientology v. Gerald Armstrong, California Superior Court, Los Angeles, C420153, the Church has attempted to use this litigation and the stipulated injunction to misinform and mislead the court into the belief that I had behaved unethically as reflected by the injunction, when in fact, I stipulated to the injunction, and the suit was prosecuted for the purpose of harassing me pursuant to the written policy of the Church.
e) Subsequently, the Church filed an additional action against me in the Las Vegas state court alleging essentially that I was engaged in a conspiracy against the Church and abusing judicial process. Church counsel attempted to procure a false affidavit from an ex-member to support the case. (See Exhibit 6 at page 8.) The court granted my Motion Judgment in that action.
f) Between January and May, 1980, for Summary I was subjected to hundreds of instances of personal harassment, which I believe, based upon the Friske and Garrity affidavits and other information, to have been conducted by the Church. These included inter alia, contacting my insurance agent and informing the agent that I had murdered the husband of one of my clients, making a bomb threat to my building resulting in its evacuation, throwing rocks at my building, sending a post card threatening to poison me, harassive telephone calls at and night to me, my wife, and my children, phone calls to neighbors and suggesting in all hours of the day making obscene telephone calls to neighbours and suggesting in these calls that I was making them, and process servers arriving at my home at all hours disturbing my wife and children. (See generally, Exhibit 9.)
g) Between approximately November, 1979 and up to and including at least May, 1982, the Church allegedly stole approximately 20,000 documents either directly from my office or from a trash dumpster in my private office condominium compound. This theft is established by the following evidence. Kevin Tighe formerly of the Guardian’s Office has testified under oath that he stole documents from my law office garbage. (Exhibit 10.) Warren Friske, former head of B-2 in Boston, admits he sorted the stolen documents and sent the materials to the U.S.G.O. and to CSC’s attorneys. (Exhibit 11.) Joe Lisa, former head of the U.S.G.O., has admitted in a sworn deposition that he ordered the document theft operation. (Exhibit 12.)
11. Between January and May, 1980, hundreds of former Church members contacted my office seeking legal recourse against the Church. One of these individuals, Tonja Burden, had
worked directly for L. Ron Hubbard, who had ultimate and absolute control over all Church activities. Burden, between the ages of 13 and 17, worked for the Church without receiving any education, essentially served for a long period as Hubbard’s personal slave, dressing and undressing him, and was involved in coding and de-coding telexes in double and triple codes regarding operations against the United States government, state agencies, and numerous individuals. She was defrauded of approximately five years of labor, a high school education, was made to sign promissory notes in the thousands cf dollars, she was tendered a bill in the amount of approximately $61,000.00, was subsequently kidnapped, harassed and taken over state lines when she left the Church, and was generally tortiously injured by the Church without receiving the benefits promised to her and based upon false representations made to her. With co-counsel in Tampa, Florida, we commenced an action in the Federal District Court on or about April 25, 1980 on behalf of Ms. Burden. This was only the second suit initiated by my office in connection with Scientology litigation. Yet, most of the items referred to in paragraph 10 against my office were either in process, completed, or being planned. The Church proceeded to literally swamp the court docket with motions, pleadings, and discovery, the great bulk of which motions have been denied,
resulting in a massive amount of paper that stands approximately two feet high to date. Although ex-Scientologists have come forward and acknowledged a consistent pattern of abuses against individuals such as Van Schaick and Burden with regard to the wrongful dissemination of auditing information, fraudulent and deceptive recruitment and sales practices, campaigns of harassment pursuant to the “Fair Game Doctrine” and other such operations, and thousands of documents exist to support such allegations, the Church and its counsel have engaged in a pattern of litigation designed to wear down the plaintiffs, their counsel, and the court system rather than attempt to resolve the injury claims in a judicious and good faith approach based upon specific and extensive evidence. The latter strategy is reflected by the activities of the Church and its correspondence to me prior to the commencement of the Van Schaick action as well as the aforesaid dismissed lawsuits, bar complaints, and harassment techniques.
12. Between May, 1980 and December, 1980, my office continued to be besieged with contacts from former members, parents, state and federal law enforcement agencies, the news media, etc. with regard to the activities of the Church. During that period of time, my office brought several additional actions in the Massachusetts Superior Court on behalf of former
members who sought to obtain legal redress against the Church. During the same period of time, the continuous theft of documents from my office and compound took place and the general campaign of harassment continued. The hundreds of instances involved in this harassment are too extensive to set forth in this affidavit but they consisted of a general pattern of what has been previously described including contacts with non-Scientology clients. (See several statements of clients attached hereto as Exhibit 9.) Throughout this period of time
the Church continually attempted to take my deposition and depositions of my employees and colleagues on numerous occasions in different cases.
13. In January, 1981, after living through a year and a half of the activities and conduct previously described, I flew to Los Angeles, California, together with my colleagues, for the purpose of discussing settlement of the Scientology litigation with Church counsel. During these settlement discussions, the Church agreed to repay all of the monies paid by two claimants, Donald and Peggy Bear, in the amount of approximately $107,000.00. Although releases were signed and the Church represented to numerous courts that it had a policy to
refund monies paid to it, the Church failed to deliver a check for the proceeds, the settlement negotiations fell through, and a suit was later commenced on behalf of the Bears. (See Exhibit 14 attached.) At the time of the preparation for these settlement negotiations, my office prepared an extensive analysis of approximately 50 cases that it was considering filing on behalf of former members, which analysis related to the costs of such litigation for both sides, the factual issues involved in the various cases, peripheral issues such as probate matters, media problems, etc., That analysis was prepared specifically for these settlement negotiations. The analysis was subsequently stolen from our offices and later became the subject of an additional bar complaint and a suit brought by the Church against my colleagues and I in the Los Angeles District Court, discussed infra.
14. After the settlement negotiations failed, and after spending several weeks in Los Angeles, we returned to Boston and prepared to conduct a conference in May 1981, for the purpose of meeting with several lawyers in connection with the proposed commencement of some of the 50 cases included in the settlement analysis. Portions of the settlement analysis were included in a packet of information given to the lawyers who attended the May conference. Those documents were also subsequently stolen by the Church of Scientology from our offices or our trash dumpster. At the conference, attended by approximately eight attorneys, the nature of Scientology litigation was explained, fee relationships were discussed involving the traditional contingent fee type relationship and a sharing of the fees between the attorneys based upon the amount of work done on each case. Other peripheral issues set forth above in the settlement analysis were discussed. This meeting was infiltrated by an agent of the Church posing as a client, Ford Schwartz, on behalf of the Church. (See attached Exhibit 15.) The Church, therefore, was aware of the nature of the meeting, what was discussed, and the fee relationships that existed between the clients and the attorneys.
15. Between May, 1981 and July, 1981, Kevin Flynn, who had ceased being an employee of mine in mid-1980 and who had commenced working as an independent contractor, submitted a proposal to me and my colleagues whereby Kevin Flynn’s corporation, Flynn Associates Management Corporation, would perform services on behalf of the various attorneys as a researcher and investigator in consideration of receiving a percentage of the funds recovered in the cases. After research by me and my colleagues, the proposal was rejected, although ethical opinions of several states indicated that such a proposal was not improper. This proposal was also stolen from the offices of mine and/or the trash dumpster in the private office compound.
16. During the summer of 1981, as a result of the ongoing theft of documents from my office and compound, most of which constituted attorney-client communication and/or work-
product, the Church knew that I and counsel from various other states were considering the commencement of various actions in New York, Washington, and Los Angeles. It also knew that Flynn Associates Management Corporation played no role in connection with these suits, that the May meeting among counsel was ethically proper, and that I was still seeking to resolve the cases without litigation.
17. In June, 1981, Church counsel again initiated settlement discussions, this time with my co-counsel in the Burden case in Tampa, which resulted in a series of correspondence between me and Church counsel. (See attached Exhibit 16.) In fact, the Church offered 1.6 million dollars to resolve all existing and impending litigation, and I accepted their
offer on behalf of the various clients involved, in a good faith effort to resolve the entire matter. My motivation in accepting this settlement offer of the Church on behalf of my clients
involved numerous considerations including: a) the desire of clients and counsel to end the torrent of legal and personal harassment; b) the expense and time consumption inherent in the litigation for all parties; c) the promised efforts of the Church to reform and discontinue many of its unlawful practices; and, d) the financial remuneration of clients and counsel.
18. Between approximately April and June, 1981, I was contacted by the City of Clearwater to prepare a report relative to the Church of Scientology and the tax-exempt aspects of organizations such as the Church. Because of the continued theft of materials from my office, the Church was fully aware of the fact that various City officials had contacted me during that period of time. The Church therefore knew, through the acquisition of illegally obtained information, when it made its 1.6 million dollar offer to settle all Scientology-related litigation matters, that hundreds of individuals had contacted our office, that several counsel in various areas of the U.S. had agreed to undertake litigation on behalf of injured clients, that the City of Clearwater was commencing an investigation into the Church, that it had been engaged in a two-year campaign of legal and personal harassment against me and my office, that it had been engaged in at least a ten-year pattern of burglary, larceny, obstruction of justice, etc., of which its highest leaders had been convicted, and that there were thousands of people across the United States who were seeking refunds from the Church. Because of the close monitoring and surveillance of my office, the Church also knew that my colleagues and I were willing to resolve the litigation primarily because of our desire to terminate the persistent harassment of us and our clients. At this point in connection with the litigation, I had personally expended in excess of $200,000.00.
19. Upon information and belief provided by recently defected members of the Church, in the summer of 1981, when all of these matters were occurring, an internal power struggle took
place within the Church resulting in the purge of several highly-placed members and the resulting take-over of the Church by several young members of the “Commodore’s Messenger Org,” who had served personally for L. Ron Hubbard throughout their teen-age years, who were then approximately 21 or 22 years of age, and who were fanatical adherents of Hubbard. These individuals who took over the Church adopted a plan in the summer of 1981 to conduct an all-out campaign against me and my clients pursuant to the “technology” of the Church doctrine, to wit, the Fair Game Doctrine, to destroy me and all opposition to the Church. Upon information and belief, the foregoing involved a highly secretive written plan adopted by the highest members of the Church to revoke the offer of settlement, revert to “Hubbard technology,” and to attack and destroy me pursuant to the following Hubbard policies:
Don’t ever defend. Always attack. Find or manufacture enough threat against them to sue for peace. Originate a black PR campaign to destroy the person’s repute and to discredit them so thoroughly they will be ostracized. Be very alert to sue for slander at the slightest chance so as to discourage the public presses from mentioning Scientology. The purpose of this suit is to harass and discourage rather than to win.
(Level 0 Checksheet attached as Exhibit 17.)
Pursuant to this plan, the Church then embarked on a campaign beginning in August, 1981, and continuing up to the present date, to “attack”, “sue”, and “destroy” me. This campaign has included the following:
a. In August, 1981, the Church, through its counsel, Harvey Silverglate, filed a bar complaint against me and my colleagues attaching numerous documents that had been stolen from my office and compound. The thrust of this complaint was that I was unlawfully selling shares of Flynn Associates Management Corporation to finance prospective lawsuits against the Church. Although the Church knew that this allegation was false, the Church and its counsel wove together the settlement analysis prepared in January, 1931, the materials assembled for the May conference, and the proposal of Kevin Flynn, then attempted to create a false and deceptive impression with the Board of Bar Overseers and subsequently in the courts. The Church knew at the time of this bar complaint that the allegations of its counsel, Silverglate, were false, because it had agents who had attended the May conference, it had stolen the settlement analysis at the time it was prepared in January, 1981, and the Church had stolen the Kevin Flynn proposal when it had been prepared
and rejected in June, 1981.
b. In addition to this bar complaint, the Church and its counsel then proceeded to file an additional three bar complaints against myself and my colleagues, including, inter alia, the allegation that I improperly attempted to avoid service of process by one of the many process servers in connection with suits and depositions that the Church was attempting to initiate against our office. These bar complaints were filed through-out the period from August to December, 1981. Notwithstanding the foregoing complaints, I have received a letter from the Board stating that it does not consider that I have any “Complaints” presently against me. (See Exhibit 18.)
c. At the same time that the bar complaints were being filed, the Church was engaged in operations to steal documents from the trash of at least one of the members of the Board of Bar Overseers. (See affidavit of Warren Friske attached as Exhibit 3.)
d. In August, 1981, the Church commenced an action in the Los Angeles Federal District Court through one of its members, Steven Miller, against me, my brother, Kevin, a medical doctor, and several others, on the theory that the defendants had “deprogrammed” Miller and violated his civil rights. At the time of the filing of the suit, I had never heard of Steven Miller and had never had any contact with him before. The attorneys’ fees in connection with the defense of that case, upon information and belief, are currently in excess of $200,000.00, which have been paid by the parents of Steven Miller, I have also sustained attorneys’ fees and expenses in connection with the defense of that case and other litigation initiated by the Church of Scientology.
e. In August, 1981, the Church commenced an action in the Boston Federal District Court through its members, Ellen and Chris Garrison, on the same theory of deprogramming. This suit was brought against Kevin Flynn and Paulette Cooper after specific planning and meetings were held by the Church to bring this suit against these individuals for the purpose of harassing them and my office. (See Affidavit of Warren Friske attached as Exhibit 3.)
f. During the same period of time, and in the ensuing months, the Church filed motions to disqualify me in the cases of Garrity, et al. v. The Church of Scientology, Los Angeles Federal District Court, Burden v. Church of Scientology, District Court in Tampa, and in the Van Schaick case. These Motions for Disqualification were all part of the plan to personally and legally harass me and my colleagues.
g. Between August, 1981 and December, 1981, the Church literally swamped the court dockets in every case that it was involved in, including both those it had initiated and those that had been brought by claimants, with hundreds of pleadings, motions, discovery requests, etc. An examination of the dockets in almost any of the pending cases will illustrate the intense campaign of legal harassment specifically adopted by the Church during this period of time to destroy me, my office, and my clients.
h. My office utilized a long distance telephone code which unauthorized individuals, allegedly the Church, intercepted and thereafter used to charge in excess of $1,000.00 in telephone calls to our code. In a similar “operation,” it has been alleged that the Church intercepted the code of a third party in California and made telephone calls to our clients charging the calls to the third party’s code. All of these matters and many others have been turned over to the F.B.I.
i. After we spent in excess of one hundred hours defending the Motions to Disqualify filed in the Garrity, Van Schaick, and Burden cases, the Church dropped these Motions and instead undertook a new round of lawsuits against my office. The Church commenced an abuse of process action in the Los Angeles Federal District Court in connection with the Garrity, et al. case and also brought another civil rights action against me and the City of Clearwater in the Tampa Federal District Court.
20. The Church timed commencement of the abuse of process action in the Los Angeles Federal District Court to coincide with certain hearings being conducted by the City of Clearwater involving the Church of Scientology in which our office was involved. In connection with these hearings, the Church adopted a specific operation to harass me as follows:
In the second week in March, 1982, the Clearwater hearings were scheduled to begin on April 21, 1982. On March 25, Church counsel in the case of Cazares v. Church of
Scientology, Circuit Court in Daytona, sent a letter to me scheduling my deposition for April 23, 1982 in Tampa during the middle of the hearings. Although the hearings were
subsequently continued until May 5, 1982, on April 19, 1982, while appearing in the Burden case in Tampa, I was served with a deposition subpoena. I filed a Verified Motion to Quash the Subpoena stating that the demands of my law practice prevented me from remaining in Florida throughout the “time” required for the deposition, 2:00 p.m. on Friday, April 23, to continue from day-to-day over the week-end and the following Monday, as required by the deposition subpoena. I sent a letter on two occasions to Church counsel indicating that I could not appear for the deposition, that I had no personal knowledge of the subject matter of the case in which the deposition was to be taken, but that I would be willing to schedule another date when I would voluntarily appear. Subsequently, after the Church learned that the hearings would be continued to May 5, 1982, it issued a second subpoena, from the Los Angeles Federal Court in the case of Church of Scientology v. F.B.I. I had no personal knowledge relevant to this case but the Church sought to take my deposition, again during the middle of the hearings. I communicated to counsel in that case that I would be unable to appear on that date. Subsequently, during the middle of the Clearwater hearings, the Church filed motions to hold me in contempt in the Los Angeles Federal District Court and in the Daytona Circuit Court because of my failure to appear at the depositions. In connection with the Daytona contempt proceeding, I informed the Court of the foregoing, informed the Court that under Florida law I was immune from service in Florida, under the Florida Rules of Civil Procedure my deposition had to be taken in Massachusetts, but that I was still willing to appear without need of going forward with the contempt matter. Notwithstanding the foregoing, and after the Church counsel specifically misrepresented the facts, without a trial, without any witnesses being called at the contempt matter, and without complying with Florida rules with regard to “indirect criminal contempts,” Church counsel procured a contempt finding against me from the Court. The matter was appealed and the appellate court reversed and vacated the finding of contempt by the trial court. The trial court judge has since left the bench after being implicated in an unrelated bribery scheme.
21. In the face of this harassment and abuse, the intention of our office throughout the subject litigation has been to obtain redress on behalf of our clients for alleged fraud in the taking of their money and labor and for outrageous conduct in blocking their access to judicial relief. We submit that the Church of Scientology operates based on policies such as “Fair Game” and “Attack the Attacker” because it must use such means to perpetuate its fraudulent sales and recruitment practices. These operating policies of the Church carry over to its activities and conduct in dealing with the judicial system and attorneys, such as ourselves who represent clients against the Church. We are among many attorneys and judges who have been attacked by the Church through motions for disqualification, lawsuits, bar complaints, and personal harassment. The Assistant U.S. Attorney in the Washington criminal cases, several federal judges, and the attorney for the F.D.A. are such examples. (See attached Exhibit 19.) While utilizing the operational policies such as Fair Game, the Church presents a religious front to the Court in order to frustrate legitimate claims for tortious injury and to create the appearance of a personal conflict amongst the lawyers in the swamping of the dockets with every conceivable filing. Abuse of the legal system is reflected by the massive litigation instituted by Scientology in courts throughout the United States. (See Lexis scan attached as Exhibit 20.)
22. My colleagues and I have never before been subjected to the legal harassment which has occurred in the subject litigation. Our background is not one of using the judicial system abusively or without just cause. I was ranked first in my class in law school, served as Editor-in-Chief of the Law Review, served as a law clerk to a Justice of the Massachusetts Supreme Judicial Court, have been married for 16 years with 3 children, and I have always endeavored to practice law with discretion, professional restraint and within the bounds of the canons of ethics. In contrast, the highest officials of the Church have served time in Federal Prison, there are literally thousands of individuals and families seeking legal redress, and the fraudulent, tortious, and often times criminal activities and policies of the Church are becoming increasingly evident. These victims have come to us in the hundreds, often with substantial financial claims and evidence of overt physical and mental abuse. As a result of my assistance to these people, I have been “declared” an “enemy” by the Church and appear on its enemies list.” (See Exhibit 21 attached.)
23. It has always been the policy of my office to resolve claims against the Church of Scientology without litigation. The efforts at settlement between January and July, 1981 were such an example. The Church is now using those confidential settlement negotiations to further attack me, although the Church insisted in writing on their confidentiality, and
accepted, but later reneged upon, the settlement.
24. It is the intent of my office and clients to obtain legal redress for legitimate claims in the context of substantial supporting evidence. It is not my intent to use the judicial process to harass the Church. The fact that the Church has a written policy mandating such judicial abuse, together with a 20-year history of employing it, is evidence of the fact that the Church, not myself or my clients, is intent upon creating a distorted and false perception of the nature and purposes of each of the Scientology related cases.
25. I am not collaborating with forces who are trying to destroy freedom of religion and churches in America.
26. I am not collaborating with anyone using brutal “deprogramming” and “depersonalizing” techniques. I have never deprogrammed or depersonalized anyone.
27. I have exercised my First Amendment rights to speak out and oppose an organization whose top leaders have gone to prison. However, I have never sought to manipulate the media or use libel, forgery, or other improper means in connection with any of the litigation.
28. I have made no fraudulent representations of any nature or description but have merely sought to expose the misrepresentations made by the Church of Scientology.
29. Dr. John Clark has never been part of any operations of FAMCO of any nature or description, nor has Kevin Flynn through FAMCO or otherwise, attempted to involuntarily kidnap or brutalize anyone.
30. The charge that I have solicited an individual named “Jim Gray” to enlist him to sell shares in FAMCO is totally false. Gray was never offered any position, no shares were ever offered to him, and I have no idea why he would make such allegations in a so-called “sworn affidavit.”
31. The charge that I have solicited clients in connection with the Church of Scientology is absurd. Indeed, the reverse is true. There are thousands of Scientologists throughout the United States seeking to obtain legal counsel to obtain redress against the Church. The problem is that it is very difficult to get lawyers to take on such cases. I have been unfortunately refusing clients, not soliciting them. Although my law firm has endeavored to help all of these people, and has never solicited any of them, we are, in fact, incapable of representing the thousands of people who desperately need representation.
32. The Church of Scientology claims that I “resorted to the use of force and coercion in the form of psychiatric…not unlike the insidious, painful brainwashing techniques on American servicemen by Chinese Communists during the Korean War.” First of all, I have never advocated nor would I ever participate in any such activity. Second, “brainwashing” is a technique used and taught by the Church in its G.O. intelligence courses. (Exhibit 22.) Third, as explained above, I never met nor even heard of Steven Miller prior to his filing a Church sponsored lawsuit against me which has since been dismissed.
33. The probate case relating to Ronald DeWolf and the “missing person status” of L. Ron Hubbard was brought for the simple reason that L. Ron Hubbard’s own attorney, Alan Goldfarb, stated that L. Ron Hubbard was missing, and that he could not appear in one of the many suits that had been brought against him because no one knew where he was and no one from the Church of Scientology had communicated with him since February 1980. It was the conduct of Hubbard’s own lawyers and the group that now run the RTC (Religious Technology Center) and the failure of Hubbard to appear and defend himself in Court or even to appear and defend or assist his wife for that matter, which resulted in the
Hubbard filed a to be appointed Ron Hubbard was probate case being brought. It was only after legal declaration, the day before a trustee was in the probate case, that the Court held that L. Ron Hubbard was not a missing person.
34. The finding of contempt against me was one of the numerous legal proceedings brought against me at the same time. The Church of Scientology fails to state that I did not even appear and defend the contempt proceeding because of the onslaught of other harassment brought against me by the Church, and, later when I moved to vacate the order, the judge stated that no bad faith or misconduct was involved, but merely a technical violation of one of the court orders regarding disclosure of information about Hubbard.
35. The allegations contained in Paulette Cooper’s affidavit are perhaps the most absurd portion of the Church of Scientology’s charges. Since I was Ms. Cooper’s attorney, I feel ethically bound to hold inviolate the communications we had regarding L. Ron Hubbard, other than to say that Ms. Cooper’s declaration is totally false. The accompanying declaration of Joseph Flanagan2 explains how Ms. Cooper came to testify for CSC.
36. The idea that Kevin Flynn, Thomas Hoffman, or I, or anyone associated with us, had anything to do with the forgery of one of L. Ron Hubbard’s checks, is simply too fanciful to warrant extensive discussion. Suffice it to say that I brought to the attention of the public and the courts the fact that one of L. Ron Hubbard’s checks, in the possession of individuals controlling the RTC, was forged and an attempt to pass it was made at the time in May-June, 1982 when Hubbard wrote a will and in the will turned over control of Scientology to the RTC. It was at the same time that the RTC began to assert total dictatorial control throughout the Church of Scientology. Any intelligent observer can put two and two together to conclude that I would not participate in the forgery of a two-million dollar check and then do everything in my power to investigate it.
37. Recently, I received a letter and telegram from Mr. Tamimi, whose sworn declaration was procured by Eugene Ingram, an investigator employed by Church of Scientology, who has been removed from the L. A. Police Force for his purported involvement in assisting narcotic dealers, pimping, and other criminal activities. In the note and telegram Tamini states that the declaration procured by Ingram is false and that he is now prepared to tell the truth. Tamini’s declaration, attached to Peterson’s declaration, should be viewed with great scepticism in light of Tamini’s letter and telegram. (A copy of this letter and telegram is attached as Exhibit 23.) This letter has been turned over to law enforcement authorities to permit further investigation. This letter was the first communication of any type which I have ever had with Mr. Tamini.
Signed under the pains and penalties of perjury this ____ day of July, 1985 in Boston, Massachusetts.
Michael J. Flynn