4 Feb 1997

I, DR. MATHILDE KRIM, do hereby declare as follows:

1. I'm the Chairman of the Board and Co-Founder of the American Foundation for AIDS Research, commonly known as AmFar.

2. In 1983 I was the Head of the Interferon Laboratory at the Memorial Sloan-Kettering Cancer Center in New York. At that time, research scientists like myself had begun to be involved in research on AIDS.

3. In 1983 one of the other New York City scientists researching AIDS was Joseph A. Sonnabend, M.D. Dr. Sonnabend was a virologist and microbiologist who specialized in infectious diseases, particularly sexually transmitted diseases.

4. Myself, Dr. Sonnabend, and at least a dozen other leading medical researchers in New York City, decided to form a private, not-for-profit, medical foundation to undertake research into AIDS supported by private donations. We wanted to concentrate on developing early diagnosis, determining what causes AIDS and finding a successful treatment.

5. Dr. Sonnabend introduced me to two attorneys that he knew, Graham E. Berry and Frank Hoffey. Berry and Hoffey were partners in a law firm at 10 East 13th Street, Suite LD, New York City.

6. I recall Dr. Sonnabend telling me at that time that Berry and Hoffey were representing him in a legal matter. In addition, Hoffey, and possibly Berry, were also patients of Dr. Sonnabend.

7. Because of Dr. Sonnabend's relationship with Berry and Hoffey, we decided to use their firm to prepare the foundation's incorporation papers. Berry actually drew up and signed the Certificate of Incorporation papers while Hoffey was the one who notarized Berry's signature. Berry listed himself, Hoffey and myself as the initial directors of the foundation. Berry didn't list any of the foundation's scientists as Directorys because it was hoped that, in the future, they would be supported in their work by funds raised by the foundation for their research and any appearance of a conflict of interest was to be avoided.

8. Berry signed the Certificate of Incorporation for A.I.D. Medical Foundation on March 22, 1983.

9. I was the A.I.D. Medical Foundation's first Chairman of the Board. Dr. Sonnabend was its Chief of Research. Neither Berry no Hoffey were involved in the day-to-day operations of the Foundation. They were merely the attorneys selected by Dr. Sonnabend and myself to draw up the Foundation's incorporation papers.

10. On, or about June 20, 1983, the name of the Foundation was changed to A.I.D.S. Medical Foundation. I was listed as its Chairman and Berry as its Secretary. The Foundation's address on the Proposed Certificate of Amendment was listed as AIDS Medical Foundation, 1340 Murray Hill Station, New York, New York 10156.

11. Eventually, Dr. Sonnabend and I had to fire Hoffey because his alcoholism negatively affected the operations of A.I.D.S. Medical Foundation. (Two or three years after the Foundation was formed, Hoffey died of A.I.D.S.)

12. After Hoffey was fired, Berry unsuccessfully attempted to oust me from my position as Chairman of the Board of the Foundation and to oust Dr. Sonnabend from his position as Chief of Research. What began as a friendly relationship between Berry and I quickly turned very ugly. Berry became very obnoxious and aggressive towards me. Berry acted very nervous at times and even threatened me. Berry thourght he could push me around and treated me without respect.

13. I discussed the matter with my husband, Arthur B. Krim. Arthur, before he passed away, was an attorney and a partner in the New York City law firm of Phillips, Nizer, Benjamin, Krim and Ballon. I recall I brought in a senior partner of the firm, Eugene Kline, to straighten out Berry. The matter resolved when I asked Berry for and received his resignation.

14. On September 21, 1985 the AIDS Medical Foundation come to an agreement with the National Foundation for AIDS Research to unify opeations under the name of the American Foundation for AIDS Research (AmFAR). I have served as Chairman of the Board of AmFAR since 1991.

15. Graham Berry has never been involved in AmFAR at anytime. Any assertions of insinuations that he has are simply not true.

16. I recall on one occasion Graham Berry introduced me to Andrew Crispo, a New York City art dealer. I felt that Crispo was an unsavory character. It was later alleged by the press that Crispo was involved in a brutal sadistic murder of a homosexual fashion model.

The previous statements are true and correct and to the best of my knowledge. Signed under the penalty of perjury of the laws of the State of New York and the laws of the United States of America this 4th day of February 1997 in New York City, New York.


Graham Berry's response to the Krim declaration

Graham E. Berry
One Wilshire Boulevard, Suite 2000
Los Angeles, CA 90017

April 25, 1997

Dr. Mathilde Krim 
33 East 69th Street 
New York, New York 10021

Re: Potential Claim of Graham E, Berry v. 
Mathilde Krim, and Others 

Dear Dr. Krim: 

I am engaged in the defense of individuals and entities against the Church
of Scientology. In the entire United States, there are only a handful of
attorneys willing to litigate against this Cult. It is fair to say I am
the number one attorney in this field and that I am one of Scientology's
major enemies -- or suppressive persons as they call opponents. One of my
current clients is Factnet, a non-profit electronic archive of
cult-related information. It was raided by Scientology as part of a
campaign to suppress negative information about Scientology. 

Attached hereto as Exhibit A is a copy of several downloads from a news
group site on the Internet. It purports to be a declaration, or part of a
declaration, executed by you. The third page indicates that this
particular declaration is available on a number of different sites on the
Internet. The fourth page, is a transmittal page that is self-explanatory.
The letters DA refer to a Scientology "Dead Agent Pak." The letters OSA
refer to the Church of Scientology International's Office of Special
Affairs (its investigation, intelligent and harassment unit). RTC-Celeb
Ctr refers to Religious Technology Center-Celebrity Center (or Scientology
Celebrity Center). Mike Rinder is part of the Church of Scientology's
intelligence and intimidation operations. The private investigator, Eugene
Ingram, retained by the Scientology law firm of Moxon and Bartilson,
reports to Mike Rinder. The other pages, a second transmission, are also
self-explanatory. As you can tell, your declaration against me is causing
some international discussion. 

Attached hereto as Exhibit B are copies of several newspaper articles
indicating and referencing Scientology's harassment of me, through private
investigators, for having the temerity to defend people that they sue as
part of their "fair game" policy. That permits critics of Scientology,
and lawyers representing them, "to be lied to, tricked or otherwise
destroyed by any means." 

Attached hereto as Exhibit C is a copy of part of an evolving declaration
(without exhibits) in connection with some of the harassment I have been
receiving from the Scientology Organization. You will see, at paragraph 69
on page 34, a reference to a visit you received from Eugene Ingram on or
about May 12, 1994. On that occasion, you and your late husband had
refused to meet with Mr. Ingram. Again, at paragraph 183 on page 83, you
will see another reference to Eugene Ingram paying a visit to you. This
time, I was surprised that you had cooperated with Mr. Ingram.

Attached hereto as Exhibit D are newspaper articles regarding Mr. Ingram
and a copy of an outstanding warrant for his arrest for impersonating a
police officer in the course of gathering the sort of perjured
declarations that are his specialty.

Attached hereto as Exhibit E is a download of a web-site version of a
recent German T.V. documentary on Scientology. The German television
corporation has just retained me to assist in its defense against the
Scientology Organization.

Attached hereto as Exhibit F is a copy of several media articles on

Attached as Exhibit G are copies of pertinent portions of extracts of a
17-page deposition which dealt, among other things, with some of Mr.
Ingram's activities on behalf of the Church of Scientology.

Attached hereto a Exhibit H is a photocopy of certain pages from the
brochure of the 110 lawyer firm of Musick, Peeler & Garrett LLP where I am
an equity partner, and of my resume.

Attached hereto as Exhibit I is a copy of the steering committee list for
the four-day Labor Day L.A. event which raises significant monies for
distribution among various AIDS related organizations. In addition, I am
heavily involved in raising money for the Democratic Party on a local and
national level, supporting particular political candidates and working
with other charities. Accordingly, the declaration you have signed for Mr.
Ingram, and the use to which the Scientology Organization is putting it,
is causing me great damage and anguish.

Attached hereto as Exhibit J is a copy of a fund raising appeal by
Factnet, in connection with one of the cases I am currently handling
against the Scientology Organization.

Turning now to your declaration attached hereto as Exhibit 1, as numerous
other people can testify, including several who are still members of the
Amfar Board of Directors, AIDS Medical Foundation was originally operated
out of the first and basement floor levels of apartment/office at 10 E. 
13th Street. Indeed, for the first 12 months of its existence, Foundation
staff (such as Bob Mehl) also worked out of my office/apartment. Moreover,
I served on the Board with fund raising responsibilities and devoted many
hundreds, probably thousands, of hours to the organization. I am surprised
that you seem to have forgotten the dozens of dinner meetings I attended
at your town house, the meetings you attended at my apartment, and those
at the Foundation's offices in one of the Helmsley buildings.  When I
resigned, you personally signed a letter of appreciation. 

I never attempted to "oust" you from your position "as chairman of the
board of the Foundation" and I never attempted "to oust Dr. Sonnabend from
his position as Chief of Research." If you think carefully about it, the
dispute between us related to whether the Foundation would endorse Dr. 
Sonnabend's multi-factorial theory, the emerging single virus theory or
assume a neutral open-minded scientific stance until the various theories
produced conclusive scientific results. You may recall your late husband
having a discussion between us and saying that the Foundation could have
only one leader -- either you or me, but not both. That was not an ouster
attempt. That was a disagreement as to direction. 
In addition, I categorically deny being "very obnoxious towards" you. I
have never "threatened" you. I do not know what you mean by acting "very
nervous at times," and I never thought I "could push [you] around" and I
always "treated [you] with respect." There are numerous witnesses who can
testify in my support on these matters.

Moreover, I do not recall ever meeting a Eugene Kline, let alone being
"straightened out" by him. I have never claimed, insinuated, or otherwise
suggested that I was involved with Amfar -- only its predecessor. I
categorically deny I ever introduced you to Andrew Crispo. I have never
met Andrew Crispo, that I recall. I did not attend the Lowell Nesbit fund
raiser. I particularly resent your false statement in this regard because
Eugene Ingram has been trying to link me to the horrible murder of that
model. I never met him either, and I never met the convicted murderer,
despite a declaration to the contrary that Eugene Ingram obtained from the
convicted murderer in jail. Clearly, as they did with Michael Flynn and
Paulette Cooper, the Cult is tying to set me up as a second gunman, and
with your assistance.

The contents of your declaration, which you have made under penalty of
perjury, and the uses to which it is being put by operatives of the
Scientology Organization, are causing me great personal distress, personal
damage and professional damage. For the moment, I am prepared to give you
the benefit of the doubt, and to recognize that you may have been mislead
by Eugene Ingram into executing a declaration which was prepared by him
for your signature. Mr. Ingram can be very artful and convincing in that
regard. If that is the case, I demand a full retraction from you, a copy
of any documents Mr. Ingram provided you, and a declaration from you as to
exactly what occurred between you and Mr. Ingram, and a copy of what was
executed as a result. 

In addition, I would request you make a very substantial donation to the
Factnet defense fund (Exhibit J) and actively assist us to find others to
do the same. Furthermore, the contents of the retraction, declaration and
exhibits will need to be totally truthful, totally candid and approved by
me. I also point out that a writer for a major New York magazine has
contacted me in connection with doing a article on the outrage of you
being co-opted to assist Scientology as part of its massive attack on an
attorney defending victims of the cult. Indeed, it is a total irony for
you to permit your good name to be used by an organization which is the
antithesis of much of what you and your late husband stood for and worked

Contrary to the contents of your declaration sworn under penalty of
perjury, I have always shown you great respect and deference. For nearly
two years I tirelessly devoted enormous amounts of time and resources to
AMFAR partly out of respect for you, what you had achieved for interferon
research and what you could, and now have, achieved for AIDS research.
Reciprocating by doing what you have done to me, through Mr. Ingram, pains
me greatly.

You ignore this letter, and my eminently reasonable requests, at your
peril. Your failure to immediately honor my requests will be interpreted
as indicating that your involvement with Mr. Ingram, and the execution of
your declaration, was not as innocent and mistaken as I am currently
willing to accept and I will then proceed with the institution of an
action for damages for defamation. Since your declaration has been
broadcast on the Internet, and made available around the world, on the
most popular of Internet news groups, you are subject to jurisdiction in a
number of states and countries and, in all the circumstances, my damages
claim will be considerable. Under the circumstances, a jury will see you
as aligning with, and joining with, the Church of Scientology in an effort
to destroy an attorney representing the victims of the Cult. To the best
of my knowledge, the Scientology Organization has never won a jury trial.
Moreover, it has never won a defamation case. Indeed, several years ago,
over $1 million in damages were awarded against it for trying to destroy a
Canadian lawyer with defamatory statements.

I do hope, and trust, that this matter can be resolved as suggested, and
that you will become an active angel and fund raiser for Factnet. I
believe that is a more socially beneficial result to this than the
prospect of litigation.

Thank you for your courtesy and cooperation. 

Very truly yours,
Graham E. Berry

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