AFFIDAVIT OF WILLIAM FRANKS1
I, WILLIAM FRANKS, hereby state under the pains and penalties of perjury that I have personal knowledge of the following:
1. I joined the Church of Scientology in 1968 and between 1970 and 1979 at various times, I have worked directly and personally with L. Ron Hubbard. In December 1979, I was appointed by Hubbard to be “Senior Management Executive International.” In this position, I was in charge of all of the administrative bureaus of the Church of Scientology throughout the world, and worked on a regular basis with all of the highest ranking officials of the Church of Scientology, including Mary Sue Hubbard, David Miscavige, John Nelson, Herbert Parkhouse, and many others.
2. In December 1980, I was appointed by L. Ron Hubbard to be “Executive Director International” of all Churches of Scientology throughout the world. I saw an order written by L. Ron Hubbard himself appointing me to this position. The last Executive Director International was L. Ron Hubbard himself, who allegedly resigned from that position in 1966. Therefore, by virtue of this appointment, which was a lifetime appointment, I was senior to every Scientology executive throughout the world. Theoretically, since I held the post of Executive Director International, no person, even L. Ron Hubbard, could countermand
my orders. However, as I learned shortly after my appointment, this was not how Hubbard intended me to operate.
3. Within a period of weeks following my appointment, I learned that I was required to sign and file a written resignation as Executive Director International which was undated and which could be used at any time to remove me by Hubbard. This was in keeping with the policy of Hubbard that every Church of Scientology corporation officer or director must resign in advance of their appointment and sign undated letters of resignation so that they could be removed by Hubbard at will.
4. Additionally, I learned that I was to receive all of my orders and directives through David Miscavige, who held the position of being the direct liaison to L. Ron Hubbard, who at that time, was in hiding. As the administrative head of the Church, I actually would receive my orders from Hubbard via Miscavige and implement the orders.
5. Throughout the period of time that I served as Executive Director International, I observed the highest leaders of the Church use documents and activities relating to illegal, criminal, and tortious conduct against many individuals who have been designated enemies of the Church. These individuals include Attorney Michael J. Flynn and many of his clients. At this time, Michael Flynn was one of the three top enemies of Scientology.
6. In 1980 and 1981, I have personal knowledge of many orders issued by L. Ron Hubbard concerning attacks against Michael Flynn. Hubbard considered Flynn to be a “whore” and Hubbard ordered him to be totally ruined. We were ordered to do a complete investigation of Flynn, find or “manufacture ” crimes he had committed, expose his “crimes” to his clients and to law enforcement officials, ruin his law practice, have him disbarred and file numerous law suits or bar complaints against him without regard to whether the complaints were meritorious or not. L. Ron Hubbard personally ordered all these activities and I saw many of the orders.
7. In 1980, L. Ron Hubbard personally ordered Michael Flynn’s trash to be picked up and gone through on a daily basis. This was part of a huge investigation of Flynn which Hubbard had ordered. According to Hubbard, and Scientology policy, any individual who attacked Scientology must be a criminal. Therefore, Hubbard ordered us to do as thorough an investigation of Flynn as possible, to uncover Flynn’s crimes. We were ordered to go all the way back to his days in law school.
8. When Hubbard ordered someone’s crimes to be found, his agents would “manufacture” crimes, if actual crimes could not be found or did not exist. In fact, Hubbard’s policy on this issue specifically stated as follows:
“In the face of danger from Govts or courts there are only two errors one can make: (a) do nothing and (b) defend. The right things to do with any threat are to (1) Find out if we want to play the offered game or not, (2) If not, to derail the offered game with a feint or attack upon the most vulnerable point which can be disclosed in the enemy ranks, (3) Make enough threat or clamor to cause the enemy to quail, (4) Don’t try to get any money out of it, (5) Make every attack by us also sell Scientology and (6) Win. If attacked on some vulnerable point by anyone or anything or any organization, always find or manufacture enough threat against them to cause them to sue for peace. Peace is bought with an exchange of advantage, so make the advantage and then settle. Don’t ever defend. Always attack. Don’t ever do nothing. Unexpected attacks in the rear of the enemy’s front ranks work best.”
Consequently, Hubbard’s agents routinely manufactured incidents and created incidents so that we would have “proof” of the crimes our enemy had committed. A copy of the policy is attached hereto.
9. Once we had found Flynn’s “crimes,” we were ordered to expose them. Consequently, the Guardian’s Office agents contacted Flynn’s clients, Scientology and non-Scientology, with the intent of separating Flynn from his clients in order to destroy his law practice. Those were Hubbard’s orders.
10. It was the policy of Hubbard and the Church of Scientology throughout this time, to use the law to ” attack” and “harass” its enemies by bringing frivolous lawsuits against them. Hubbard himself ordered lawsuits to be brought against Flynn and his clients. These lawsuits were brought without any concern as to whether they were meritorious or not, the whole purpose was to “bury” Flynn in these suits. The filing of these suits was to be very highly publicized by our public relations people so that Flynn’s reputation in the community would be further harmed.
11. Pursuant to Church policy, because Hubbard had ordered certain policies and operations to be taken against Flynn, he would be informed of all actions taken pursuant to his operations. Therefore, he was regularly briefed about attempts to find Flynn’s crimes, to expose Flynn as a criminal, to have Flynn disbarred, the lawsuits against him, and other operations. Hubbard would have also been informed of the numerous attempts made by the Guardian’s office to plant spies in Flynn’s office. These actions would have been taken pursuant to Hubbard’s orders to investigate Flynn as fully as possible.
12. In 1981, we obtained from the trash, a copy of a draft prospectus for a corporation named Flynn Associates Management Corporation (FAMCO). This prospectus made it look like Flynn was attempting to finance the Scientology litigation by selling shares in the litigation. From the trash documents and other investigations of Flynn’s finances, we already thought that he would not have enough money to finance the litigation. In fact, Hubbard ordered us to find out who was paying Flynn. This prospectus seemed to provide the answer, and it was sent to Hubbard. In fact, we later received information that shares in FAMCO were never sold or even offered.
13. After seeing the FAMCO prospectus, Hubbard issued an order stating that this proved that Flynn was syndicating litigation. We were ordered to have him disbarred on the basis of the FAMCO documents. FAMCO was viewed as the best method of ruining Flynn’s reputation in the legal community because he had engaged in unethical conduct. Hubbard further ordered that Flynn’s clients be contacted and informed about FAMCO and that Flynn would be shortly disbarred and sent to jail. An attorney in Boston, Harvey Silverglate, was specially hired to make sure that Flynn was disbarred. He was instructed to file bar complaints and make sure that Flynn was unable to practice law. At that same time, we were filing bar complaints and trying to ruin Flynn’s reputation, we had received information that FAMCO shares had never been sold and nothing was ever done with this corporation. In other words, we knew
our allegations about Flynn and his involvement with FAMCO were false. Nonetheless, pursuant to Hubbard’s instructions to ruin Flynn, we still made the allegations and attempted to have Flynn disbarred.
14. After Hubbard ordered me to fire his wife, Mary Sue Hubbard as controller, I no longer saw copies of Hubbard’s orders to the Guardian’s Office. These went directly to Norman Starkey and Terry Gamboa. Nonetheless, Starkey and Gamboa frequently referred to orders they received from Hubbard including his instructions on how to follow up on the disbarment proceedings. Again, pursuant to Scientology policy, because Hubbard had ordered certain actions to be taken, he would have been briefed and informed about all actions taken pursuant to his instructions.
15. In November 1981, I came into increasing conflict with David Miscavige, the man who relayed Hubbard’s orders to me and everyone else in Scientology. The reason for this conflict was because I attempted to block many of the criminal and illegal operations implemented by Miscavige and the Guardian’s Office on behalf of Hubbard. In December 1981, I was removed from my position, and then held against my will and locked up in Gilman Hot Springs, California for a period of weeks.
16. While I was Executive Director of the Church of Scientology, we continually attempted to shield L. Ron Hubbard from any legal liability as a result of Church of Scientology activities. To do this, we continually lied in sworn affidavits and depositions about our contacts with L. Ron Hubbard, his control of the Church of Scientology, and our knowledge of his whereabouts. These perjurious statements were intentionally and willfully made, with the knowledge of Hubbard himself. In fact, he ordered many of the statements to be made. The principal responsibility of attempting to shield Hubbard from legal liability was handled by Norman Starkey and Terry Gamboa. I had numerous discussions with Starkey and Gamboa about shielding Hubbard from legal liabilities, despite his total management control over all phases of the Church of Scientology operations.
Signed under the pains and penalties of perjury this 3rd day of April, 1985 in Boston, Massachusetts.
[signed William Franks]
AFFIDAVIT OF MICHAEL J. FLYNN1I, MICHAEL J. FLYNN, swear under the pains and penalties of perjury under the laws of Massachusetts, California, Nevada, Florida and the United States, that the statements made in this affidavit are true.
1) On Monday, July 23, 1984, I received a telephone call from a reporter from the Boston Globe who advised me that affidavits were being filed on that date in the case of Miller v. Flanagan, Los Angeles Federal District Court, relating to claims by an individual named Ala Tamimi, that I had participated with him in the attempted forgery of a two-million dollar check drawn on an account of L. Ron Hubbard. Up to that date, I had never heard the name Ala Tamimi. To this date, I have never met with him, seen him, talked to him on the telephone, or had any involvement with him of any nature or description. He is a total stranger to me. The meetings, conversations, and involvements described by Tamimi in his affidavit with respect to me are completely false. As to Tamimi’s participation in the check incident, I have no knowledge of what he did or did not do, but the first information that I have ever received relative to his participation in this incident was on July 23, 1984, when the reporter called me on the telephone and advised me of Tamimi’s affidavit.
2) I first learned of an attempt to pass a two-million dollar check drawn on the account of L. Ron Hubbard on June 14, 1982, while I was staying at the Holiday Inn Surfside in Clearwater Beach, Florida. I was in Florida at that time as special counsel to the City of Clearwater for the purpose of dealing with various matters in the aftermath of the hearings held before the Clearwater City Commission in May 1982, relative to L. Ron Hubbard and the Church of Scientology. While at the Holiday Inn Surfside, I received a telephone call or calls from Mr. Joseph Snyder of Security Management Services, Inc., Boston, Massachusetts, who had been retained by the Bank of New England for the purposes of finding L. Ron Hubbard and obtaining information from Hubbard as to the circumstances surrounding the two-million dollar check. Mr. Synder informed me that approximately one week prior to his phone call, someone had attempted to pass a two-million dollar check on an account of L. Ron Hubbard in the Middle East Bank in New York City.
3) I had met Mr. Snyder for the first time many months prior to his calling me in Florida, when I delivered a speech concerning L. Ron Hubbard and the Church of Scientology to a group called the American Society for Industrial Security. The speech was well received and related to the intelligence/espionage tactics of Scientology which kindled the interest of many of the investigators present including Mr. Snyder. The speech to the group of which Mr. Snyder was a part was the only involvement with him that I had ever had
of any nature or description up until the time that I received the phone call from him in June 1982 concerning the check.
4) When Mr. Snyder called me on or about June 14, 1982, he said that he had attended the speech that I had given relative to Hubbard and the Church of Scientology and that he was working in the employ of the Bank of New England for purposes of finding Hubbard. He was reluctant to give me any details on the telephone but agreed to pick me up at Logan Airport in Boston when I arrived back from Clearwater, Florida. After returning from Florida, I met with Mr. Snyder and his colleague, Andrew Fink, on several occasions, provided them all of the information that I could relative to Hubbard and Scientology, and thereafter I had a telephone conversation with Mr. Kevin Sheehan, an executive at the Bank of New England relative to the check incident.
5) In November 1982, as a result of several factors set forth below, Ronald DeWolf, the oldest son of L. Ron Hubbard, decided to bring a “missing person” petition in Riverside Probate Court in order to obtain a judicial determination of his father’s legal status. I represented Mr. DeWolf in this petition. During the pendency of the petition, I was contacted by numerous individuals both inside the Church of Scientology and outside relative to circumstantial evidence suggesting that some of L. Ron Hubbard’s closest aides may have been involved with the
check incident. This information included the fact that one Jan R. Goergen, president of Intercap, Ltd., L. Ron Hubbard’s primary investment advisor, had received large sums of money from the same Hubbard account at the Bank of New England on which the 2 million dollar check was drawn, and that Goergen was involved in several gem transactions involving L. Ron Hubbard. Most significantly, the vice president of that company, David Delozier, had been indicted by an Arizona Grand Jury and Delozier was then being investigated for his contacts with organized crime.
6) During the pendency of the Probate petition relative to Hubbard’s missing person’s status, and in other litigation in the United States relative to Hubbard and the Church of Scientology, substantial evidence was produced that Hubbard’s name had been forged on several legal documents, that David Miscavige had allegedly notarized Hubbard’s signature during a period when both the Church of Scientology and Hubbard’s attorneys had claimed that there were no means to communicate with Hubbard, that no one had communicated with him since February 1980 and that no one connected with the Church of Scientology had seen him since that period of time. However, David Miscavige was then the highest ranking official of the Church of Scientology. Additionally, Mary Sue Hubbard had filed affidavits in various cases stating that she had not seen her husband since late 1979. However, evidence was adduced that she and her husband had purportedly signed powers of attorney together in July 1980, in Los
Angeles, approximately seven months after she had allegedly last seen Hubbard. The foregoing facts, together with the indictment of Intercap’s principal, David Delozier, together with the attempted passing of the two million dollar check, which was attempted at the same time that large sums of money were paid to Intercap by Hubbard, together with the fact that Hubbard had been defaulted in the Cooper case and was about to be defaulted in other cases, and lastly based on the fact that Hubbard’s own attorney, Alan Goldfarb, stated that Hubbard was a missing person, all warranted a finding that Hubbard was indeed missing. However, the day before the Riverside Probate Court was going to rule on Hubbard’s missing person’s status in connection with a motion for summary judgment filed by Mary Sue Hubbard, a declaration purportedly signed by L. Ron Hubbard was produced stating that his affairs were being handled by Author Services, Inc. Based on the declaration of L. Ron Hubbard, the Court adjudicated that L. Ron Hubbard was not a missing person.
7) During the pendency of the Probate proceeding relative to Hubbard’s missing person’s status, Hubbard’s attorneys retained Eugene M. Ingram. Ingram had previously been dismissed from the Los Angeles Police Department for pandering, pimping, conspiring to run a house of prostitution and aiding narcotics dealers. Ingram was also indicted for conspiracy to obstruct justice and on the pimping, pandering and prostitution charges, but the indictment was later
8) Between May 1983 and the present, Ingram, other private investigators including Andrew Palermo of Boston, Massachusetts, and various Scientology agents, have engaged in a consistent course of conduct to harass, intimidate and to “frame” me for the check incident. This conduct includes close constant surveillance by as many as four automobiles at a time following me in Boston, Los Angeles, and other locales, contacting my clients and informing them that I was a drug dealer, that I was connected to organized crime, and that together with my brother, Kevin Flynn, I had attempted to pass L. Ron Hubbard’s two million dollar check, for which I was going to be indicted, that I was going to be disbarred, and similar statements.
9) In January 1984, Ingram placed full-page ads in the Washington Post, the New York Times and the Boston Globe offering a one hundred thousand dollar reward for information leading to the arrest and conviction of the person or persons responsible for the two million dollar check incident. Individuals responding to the advertisement including several newspaper reporters such as Beverly Ford of the Boston Herald and Glen Fowler of the New York Times were told that the primary suspects in the check incident were Michael Flynn and his brother, Kevin Flynn and that evidence existed to prove that Kevin Flynn had trespassed into various areas of the Bank in order to steal checks of
L. Ron Hubbard. Ingram used the reward offer as a means to pay Ala Tamimi and his brother, Akil Tamimi a large sum of money (at least $25,000) for purposes of signing a false affidavit. Tamimi is currently wanted in four countries, and he has been indicted for fraud, and in two separate cases for perjury.
10) On Monday, July 23, 1984, Hubbard, and the Church of Scientology through its attorneys John Peterson and Donald Randolph, launched an international “black propaganda” campaign against me by filing the false declarations of Ala Tamimi and Akil Tamimi in the Los Angeles Federal District Court, issuing press releases throughout the United States which were sent to most of my clients and friends, and holding press conferences in Los Angeles, Boston, New York, and Clearwater, Florida. In the press releases, the press conferences, television and radio appearances, and in private interviews with individuals from the media, Ingram, Heber Jentzsch and John Peterson have falsely stated that I offered $400,000 to Ala Tamimi to forge one of L. Ron Hubbard’s checks. This media blitz to destroy my reputation based on completely false testimony of an indicted perjurer, (Tamimi) procured by Eugene Ingram, a known sex offender, and paid off by the Church of Scientology whose top eleven leaders have all been convicted of a variety of crimes for which they were incarcerated in Federal prison, is despicable beyond description. The media blitz was timed to defuse the recent judicial findings made by Judge Paul Breckenridge of
the Los Angeles Superior Court in the case of Church of Scientology v. Armstrong, C.A. No. C 420 153, wherein Judge Breckenridge ruled that Hubbard was a “pathological liar” and that the Organization was a “massive fraud” that engaged in a “form of blackmail and extortion against its members.” Similarly, a high court judge in London in a 50-page opinion, ruled that Scientology was “immoral, corrupt and sinister” and that its methods were “grimly reminiscent of the ranting and bullying of Hitler and his henchmen.” In an effort to counter the growing world-wide awareness of Scientology, its methods and practices, Hubbard, Peterson, Ingram, and agents of Hubbard have implemented the familiar policy of “attack the attacker” for purposes of destroying my reputation based on knowlingly false testimony.
11) As a result of the constant, close and harassive surveillance, and as a result of the frame-up now being engineered against me, which is being disseminated in the news media world-wide, my family and I have suffered extreme emotional anguish, great loss of reputation, and substantial interference with my law practice.
12) The pattern of conduct now engaged in by Hubbard and his agents is similar to past activities they have engaged in against their critics, including the frame-ups of Gene Allard, Paulette Cooper, and Gabriel Cazares, the mayor of Clearwater, as well as numerous harassive activities taken against judges, lawyers, the American
Medical Association, reporters, and anyone who has attempted to speak out against Hubbard and his Organization. For some examples of this type of conduct, I have attached the “Sentencing Memorandum” of the United States Government hereto, as Exhibit A.
13) The Church of Scientology and Hubbard through its agent, Eugene Ingram, have also procured an affidavit from George Edgerly stating that I offered a bribe to Edgerly not to testify in his own defense in exchange for the payment of $500.00 per week to Edgerly’s wife, that Edgerly accepted this proposal and that I paid him $1,000.00 several weeks later. The statements of Edgerly are completely false. Edgerly has been convicted of first degree murder and is presently serving a life prison sentence in Massachusetts. He has also been convicted of fraud, and he had previously been indicted for the murder of his wife. He is a well-known and infamous criminal in Massachusetts. The fact that Hubbard and Scientology would accept as true the statements of a convicted murderer is indicative of the desperate measures that they are now willing to employ in order to rebut the truthful findings of Judge Breckenridge in the Armstrong case and of Judge Latey in England.
14) The Edgerly and the Tamimi affidavits both procured from infamous criminals by Eugene Ingram in exchange for the payment of large sums of money is a transparent attempt to frame me as Hubbard and his Organization have previously
done or attempted with Paulette Cooper, Gabriel Cazares, and Eugene Allard. See for example, documents attached hereto as Exhibit B, reflecting “operations” against the above named people by Scientology. Hubbard and his Organization have also attempted to victimized judges and lawyers who have fought to bring them to justice. See for example, the article attached hereto as Exhibit C, “Scientologists’ War Against Judges.”
In sum, the recent “attack” against me by Ingram and Hubbard based on the false declarations of convicted criminals, both of which are now serving time in prison, is transparent and outrageous. I have turned the entire matter over to the United States Attorney’s Office in Boston, Massachusetts and have requested that criminal charges be brought against Ingram, and others responsible for manufacturing this outrageous attempt to frame me.
Finally, the Church of Scientology and the Hubbards have unsuccessfully attempted to disqualify me from representing my clients in other Scientology related proceedings. I have attached hereto as Exhibit D, a copy of the Los Angeles Superior Court’s ruling in the recent case of Church of Scientology v. Armstrong, No. C 420 153, in which disqualification was denied. I have also attached hereto as Exhibit E a copy of the Court’s decision in that case.
Signed under the pains and penalties of perjury this 10th day of August, 1984.
[Michael J. Flynn]