- Declaration of Robert J. Cipriano
- Mutual release and settlement agreement between Cipriano and Graham Berry
I, Robert J. Cipriano, hereby declare and state as follows:
1. I have personal knowledge of the matters set forth herein and, if called upon to do so, I could and would competently testify thereto under oath.
2. I have primarily drafted and typed this declaration myself, free of duress, intimidation or inducement.
3. As of July 12th 1999, a certain set of circumstances and events have transpired that have caused me to write this Declaration. The events surround the introduction of Church Of Scientology private investigators, attorneys, officials and followers into my life since May 4th 1994. The circumstances and events surround "threats", "bribery", "intimidation", "duress", "dead agenting", "fair game", "black propaganda", "slander", and "witness tampering".
4. Since May 4th 1994, my personal and professional life have been destroyed due to the acts of The Church Of Scientology and their Office Of Special Affairs, including the acts of their lawyers, Mr. Kendrick Moxon of Moxon & Kobrin, Mr. Sandy Rosen of Paul, Hastings, Janofsky & Walker and numerous officials and followers including: Kendrick Moxon, Esq.; Gary Soter, Esq.; Steven Hayes, Esq.; Timothy Bowles, Esq.; Elliot Abelson, Esq.; John Ryan; Eugene Ingram; Judy Ross; Ken Long; Isadore Chait; Rev. Glenn Barton; Michael Rinder; David Miscavige; Erla Hawkins and Joanne Weaton. I cannot be sure how many other Church of Scientology followers and officials are involved, that have not become known to me as of the date of this Declaration. I am learning on a weekly basis of additional individuals who became involved in my life, who were operatives or in some way working on behalf of Church Of Scientology and/or their Office Of Special Affairs to monitor, control, influence, harm, intimidate and tamper with me.
5. More importantly to the focus of the Declaration is my very real concern for my safety and physical protection. I have absolutely no doubt that Church of Scientology and their Office of Special Affairs will attempt further tactics of intimidation, threatening acts and, eventually attempt to have me silenced. The information contained in the Declaration provides a very clear and precise depiction, with over 1000 pages of written proof of my statements and allegations. It is my personal opinion that once this information is made public through court filings and media releases, that I will become subject to the full vengeance, of the Church of Scientology and its operatives.
6. Additionally, I have written this Declaration to bring an eventual close to what I believe to be one of the most horrendous, continuous displays of criminal acts perpetrated in the name of an IRS recognized religion in my life and possibly to bring awareness to the public about this bogus, fraudulent and extremely dangerous cult. It is my hope that all proper law enforcement officials can provide me with capable legal protection and that the media coverage will become sufficient to dissuade Church Of Scientology from harming me. Furthermore, I am not a Scientologist; however, I was brought into their private world and exposed to many of their illegal tactics.
7. I have been a businessman since 1980. At age 18 I entered into a business partnership, Capri Productions, Ltd., with Jerome L. Spiegelman. The primary focus of this business partnership was the management of entertainment performers and artists in the New York City vicinity. Over a period that spanned 1980 through February 1985, Mr. Spiegelman and I opened and managed numerous entertainment and fashion businesses.
8. In February 1985, I dissolved my partnership with Mr. Spiegelman for reasons of heavy drug use by Mr. Spiegelman and numerous legal complaints for fraud placed by his law clients. I relocated to Los Angeles, California, where I began work with Parkinson Friendly Productions under the supervision of Griffin O'Neal. I primarily created programming and production projects for Parkinson Friendly.
9. In late 1985 - early 1986, I left the entertainment business and decided to start a career in real estate. I began work with R&B Commercial Properties at Wilshire Court Financial Center and eventually was hired away from R&B by Paramount Group, Inc. at Paramount Plaza 3550/3580 Wilshire Boulevard as an Assistant Property Manager. In late 1986 - 1987, I moved to Dayton, Ohio, married Jeanette Lambert and began my first commercial real estate development, Elmwood Galleria Business Center with Paragon Realtors (Donald Nordstrom). After completing the design, financing syndication and "breaking ground", I sold my interest in the project and relocated to New York City wherein I sought and was granted a divorce from Ms. Lambert in 1988.
10. 1988 through 1993 was spent both in New York City and Los Angeles, California, building Cipriano Development Group (CDG). I brokered real estate transactions, created real estate syndication, managed real estate properties, and in general worked particularly in the real estate business.
11. In early 1994, after losing CDG in late 1993, I became the subject of a criminal charge in May's Landing, New Jersey, for Failure Of Required Disposition over a recently acquired subsidiary of Cipriano Development Group called Artistic Builders Group. The purported crime was perpetrated by the previous owner, Mr. Peter Augay. However, because CDG had acquired the company, I was charged with the crime. The charge was falsified against me and at the time I had no funds to retain proper legal representation and therefore utilized the services of the Public Defender who eventually entered a plea bargain that required restitution and probation. During the same period, May, 1994, I was approached and threatened by a private investigator working for the Church of Scientology (COS) regarding a Mr. Graham E. Berry (see Ingram). This was a very exhausting and trying period for me.
12. In January, 1996, I elected to move from New York City back to Los Angeles, California, where I started work with the Foundation For The Declaration Of The Rights Of Children (FDRC). As their Executive Director, I created The Day Of The Child fundraising themed projects in New York City and Washington D.C. I had decided that, for personal reasons, I needed to give back to people in need and children had always been a very serious concern of mine.
13. The period from 1996 through and including July 1999 are detailed in the remaining portions of this Declaration as they go to the center of the Church of Scientology and Office of Special Affairs' circumstances and events concerning me.
14. On May 4th 1994, at more or less 2:00 PM, I was paid a visit by a Mr. Eugene Ingram and his female accessory at my home at 245 East 63rd Street, Apartment 1617, New York City, New York. Mr. Ingram presented himself as a Los Angeles Police Detective and presented a Detective's Shield upon addressing me at my apartment door. Mr. Ingram had passed through a heavily guarded, high security apartment building without being noticed. Mr. Ingram stated that he had affairs that he wanted to talk to me about. I welcomed both of them into my apartment and sat and listened to him. I was under the impression that I was going to be arrested by both of them for the May's Landing, New Jersey, criminal charge, as I had not surrendered to the New Jersey legal system. I was still seeking an attorney to answer the charges who would work with me since I had limited funds. Upon entrance into my apartment, Mr.Ingram immediately established that he was aware of my situation in New Jersey and stated that, "You should be careful and be very helpful to me!" It was a natural presumption for me to conclude that if I did not assist him in any all manners that he would arrest me and take me to New Jersey before I could retain legal representation.
15. Mr. Ingram began discussing Mr. Spiegelman, a previous business partner of mine. We discussed his law firm, our business partnership together and Mr. Spiegelman's legal problems, which had landed him in jail after I dissolved my partnership with him. Mr. Ingram continued with questions surrounding other legal partners of Mr. Spiegelman's including Mr. Graham E. Berry. Mr. Ingram was very interested in Mr. Berry's legal clients and his personal habits. I asked why and what this was about. I had not seen Mr. Berry since the beginning of 1985, and had heard he had moved to Australia or New Zealand. I was aware of an open question regarding some six million dollars that was not recovered at the time Mr. Spiegelman was arrested in 1985/1986, and I began to think that Mr. Berry's unanticipated departure to Australia or New Zealand was very mysterious. I began to relax knowing that I really had no data on Mr. Berry beyond the end of 1984, or at best, early 1985, which was prior to my departure from New York City and arrival in Los Angeles to work for Parkinson Friendly Productions.
16. Mr. Ingram continued with numerous questions regarding Mr. Berry's personal conduct, sexual habits and his legal clients. He asked me what I knew about Mr. Berry's gay lifestyle. I stated that I knew he lived a gay lifestyle; that he had numerous male partners who were young "boy next door" types. That in 1984, I knew and had met a David Lee who was involved with Mr. Berry. Without warning, the discussion turned domineering and combative when Mr. Ingram started to ask seriously deranged questions. For example: "You saw Graham Berry with underage boys - 12 year olds, right?", "Graham was a cocaine addict, right?" and "Graham Berry was a really sick faggot, right?" He was not questioning me any further, yet demanding that this had happened and that that had happened. I asked him to back off and slow down. Mr. Ingram showed me a picture of Mr. Berry standing in a nightclub and said this a gay club in West Hollywood.
17. I thought back to those days in the early 1980's and recounted my recollections. "There was cocaine that was being abused during 1984-1985." I told Mr. Ingram that, "I had done cocaine for about six months in 1984 and had quit because it just destroys everything." "There were a number of young boys, I didn't know or recall how old they were." "Graham Berry represented Studio 54." Mr. Ingram suddenly dropped it and went back to my situation in May's Landing, New Jersey. He questioned me on how long it had been since I was advised of the charges and that it was only a matter of time before they would come for me in New York. I stated that I knew that and that I was moving as fast as I could to get an attorney, that I was not guilty and that I was set-up by Mr. Spiegelman and Peter Augay, Mr. Ingram stated that he had spoken to Spiegelman. Mr. Ingram stated that, "Mr. Berry went to the Anvil, a seedy after hours gay club in New York City and he took boys with him." I stated that "I have never gone to a place like that, I would not know if he did or did not."
18. Mr. Ingram proceeded to ask if I would sign a legal declaration on Mr. Berry. I asked what would it be used for. Mr. Ingram stated that it would be placed in a file, and most likely never be used. I agreed and Mr. Ingram stated that he would contact me the following day May 5th 1994, to have me sign it.
19. After he left my apartment, I went out for a number of hours. I returned home at approximately 10:00 or 11:00 PM that evening to find out from my then wife, Valerie Hayman Cipriano, that Mr. Ingram came back earlier in the evening and had sat and talk with her for an hour or so. As my wife had no part or knowledge of my lifestyle, friends or business associates in the early 1980's this caused me some serious anxiety.
20. On May 5th 1994, Mr. Ingram visited me at my office at 245 Park Avenue, where he presented a Declaration that had numerous exaggerated statements and fabrications. He took my basic statements and painted a different picture than I had presented the day before. I told him that this was not what I had said, and he instantaneously became furious and belligerent with me again, because I dared to challenge him on the ages of the males involved with Mr. Berry. He said, "The next time you open your door at home it is not going to be me, but New Jersey, now sign it." I signed it and asked him if he was going back to Los Angeles and he said yes, he would be going back to Los Angeles after he spoke with Troy Glick. He left my office. I immediately called Troy Glick and told him that a Los Angeles Detective had just been at my home and that he was after Berry and Spiegelman.
21. In January of 1996, I moved to Los Angeles to start my new life. I started working for FDRC, a 501 c(3) children's charity, working on Day Of The Child. In early April 1997, a girlfriend had purchased a computer system and we set it up in our Marina Del Rey apartment in Mariners' Village. It had internet access. We subscribed to America Online (AOL) and I created a Screen Name (CIPGUY). While exploring the internet through AOL, I came across a Search Engine and started typing in people and things from my past. Eventually, I typed in my name "ROBERT J. CIPRIANO", and became completely and absolutely appalled to see numerous postings under my name. Each and every one of them involved my Declaration from 1994. I immediately looked up Eugene Ingram's card from my business card collection and contacted him. I set up a meeting in Marina Del Rey for lunch.
22. On April 30th 1997, we met at the Warehouse Restaurant and I asked him straight out, "What the f--k is going on and who are you working for?" Mr. Ingram said a law firm that had litigation with Mr. Berry. Mr. Ingram stated again that my situation in New Jersey was not completely over and that I was in violation of my probation, which was true, but only because I had failed to make a few restitution payments. I had stayed in touch with my probation officer trying to work things out. On May 11th 1997, Mr. Ingram came by my apartment and noticed my professional pictures and awards on my home-office walls. Mr. Ingram wanted to make copies of all of them. Mr. Ingram took them to a local copy shop and returned an hour later. Mr. Ingram then asked me who each and every person was in the pictures and proceeded to write the info and the back of the copies.
23. Sometime in January, 1998, Eugene Ingram contact me in my Carpinteria home to advise me that I might be sued by Graham E. Berry for my Declaration. Mr. Ingram told me over the phone that he needed to see me right away. He arranged to drive up to Carpinteria the following day to meet with me. We had lunch at a local restaurant and Mr. Ingram told me that he worked for the Church of Scientology and a law firm that represented the Church of Scientology. Mr. Ingram told me that Mr. Berry was representing numerous people who did not like the Church of Scientology. Mr. Ingram told me he was on his way to San Luis Obispo where L. Ron Hubbard's autopsy had been conducted and where Mr. Berry was causing problems. Mr. Ingram said something about, "getting to the Coroner's office before Berry did." Mr. Ingram told me that he had a spy in Mr. Berry's law office and he or she had gotten a copy of the complaint. I asked for a copy of it and he refused to provide one to me. Mr. Ingram said that if I received a copy of it that it could prove that I was served in the future, if that became an issue. After that, both Christine Gregos and I decided to move from Carpinteria to her duplex in Van Nuys, California. Mr. Ingram stated that, "If you moved to Van Nuys, Berry would never find you."
24. Mr. Ingram told me that his boss, Kendrick Moxon, wanted to meet me immediately. We arranged for me to drive down the next day to meet with Mr. Moxon and Mr. Ingram at an office on Brand Avenue in Glendale, California. Mr. Ingram stated that I really needed to count on him and Mr. Moxon. I told Mr. Ingram that I had lost a couple of jobs due to employers reading the Declaration on the internet and that this whole mess was absurd and preposterous. Mr. Ingram told me of a computer nerd that had broken into some private computer system while on the nightshift of some job and that he had broken the guy's cover (I would later find out that was Keith Henson). Mr. Ingram told me that he had been to London, England, to investigate a female television reporter who was running a story on the Church of Scientology in the United Kingdom. That his job was to convince everyone that she was a prostitute or a stripper in order to convince her not to do the show. Additionally, the authorities banned him or arrested him on some charge and asked him to leave the country. I asked Mr. Ingram about the numerous arrest warrants here in the United States for him that I had read about on the internet. He said that they were not real and that people can say anything on the Internet.
25. On January 23rd 1998, I arrived at 5:30 P.M. for my appointment with Kendrick Moxon and Eugene Ingram at 550 North Brand, Suite 700, in Glendale. Mr. Ingram was waiting for me in the building lobby reception area. He was nervous regarding something. We entered Mr. Moxon's office and Mr. Ingram proceeded, without asking anybody, to a conference room to the right of the office reception center. We sat inside and he began showing me paper work on something that Mr. Berry was involved in regarding the Los Angeles Unified School District and a gay student program.
26. Mr. Ingram told me about Mr. Berry selling tickets to a Gay Liberation March On Santa Monica Blvd.; and something about Mr. Berry telling the affluent gay population that he started AMFAR so as to sell more tickets. Mr. Ingram told me that Mr. Berry was also filing legal paperwork against Mathilde Krim, the Chairman of AMFAR, for a Declaration she wrote.
27. Mr. Ingram told me about a book he wanted me to read, Bag Of Toys. I ask why. He said that it was about "... those days in New York City." He proceeded to give me a copy. He told me that the main character in the book, Bernard LeGeros, also signed a Declaration against Mr. Berry, but that LeGeros was in jail in New York or New Jersey for a murder depicted in the book. He told me that LeGeros was completely insane and wanted Mr. Berry dead.
28. Mr. Moxon finally arrived, shook my hand and sat down. Mr. Ingram started talking, completing a narrative of some of the history of the situation. Mr. Moxon stated that, "Well, certainly, if Berry did sue you, then I would represent you at no cost. You were helpful to me and we will not leave you alone to fight this battle ... Further, we don't think Berry is serious and is just bluffing with the lawsuit." The meeting with Mr. Moxon was over in ten minutes, and I returned to Carpinteria alone.
29. On March 9th, 1998, I was served a Summons with Case Number BC184355, Graham E. Berry, Plaintiff v. Robert J. Cipriano, Defendant for Libel, Libel Per Se, Slander, Slander Per Se, Intentional Infliction Of Emotional Distress, Negligent Infliction Of Emotional Distress, Invasion Of Privacy, Public Disclosure Of Private Facts and Conspiracy
30. In the following days and weeks, I received emails from Mr. Berry (See Exhibit 1, 2, & 3[a]), that I perceived as threats upon me. I contacted Mr. Moxon to advise him of the emails received from Mr. Berry. Additionally, I prepared a personal letter to Graham E. Berry that I sent to Mr. Moxon in an attempt to settle this problem between Mr. Berry and me. I told Mr. Moxon to send it to Mr. Berry (See Exhibit 4). By Saturday evening March 21st 1998, both my fiancÚ, Ms. Christine Gregos, and I were intensely apprehensive and I called Mr. Berry, Mr. Ingram and Mr. Moxon and I told them to meet me at the Van Nuys Police Station to work this out with the appropriate law enforcement authorities. Mr. Berry refused to meet at the Police Station and Mr. Ingram and Mr. Moxon arrived at my home roughly one hour later.
31. At this time, Mr. Moxon took me into our home office while Mr. Ingram worked on Ms. Gregos. They switched and Mr. Ingram started talking with me while Mr. Moxon talked with Ms. Gregos. Mr. Moxon, in his attempts at quieting Ms. Gregos, offered her anything she wanted; a job, money, anything. Ms. Gregos stated to him that she wanted nothing he had to offer. Ms. Gregos hated both of them and wanted me to get away from anything having to do with Mr. Ingram.
32. Mr. Moxon called the Office of Special Affairs at the Church of Scientology and had them fax over a document for me to read entitled Affidavit of Garry Scarff (See Exhibit 5). Finally, Mr. Moxon convinced me that if he called Mr. Berry and told him that I was being represented by Mr. Moxon now, and that Mr. Berry was to no longer attempt to communicate with me, that this would stop Mr. Berry from further personal communications. Mr. Ingram offered to give me unlawful phone tapping equipment to record Mr. Berry when, and if, he called again. Ms. Gregos demanded that no equipment be involved on our phones, so I refused same from Mr. Ingram.
33. Mr. Moxon made it very clear that I would not have to pay a dime in legal fees or any other fees relating to this matter. Further, that the Church of Scientology was paying for everything, including Mr. Moxon's fees.
34. The following Monday, March 23rd 1998, Mr. Moxon sent over a REQUEST FOR INVESTIGATION OF ATTORNEY GRAHAM E. BERRY. Mr. Moxon asked me to place it on my personal stationary and send it to the State Bar Of California, located at 1149 South Hill Street Los Angeles, California, (See Exhibits 6 & 7) to harass Mr. Berry and get him to drop the lawsuit.
35. Due to Mr. Berry's lawsuit against me and the threat of financial ruin, on March 23rd 1998, Ms. Gregos demanded that I contact Mr. Moxon and have him draw a Quit Claim Deed on 17232 and 17234 Vanowen Street; a relinquishment on household items; a relinquishment on jewelry; a relinquishment on my 1997 BMW 328; a relinquishment on a GMC Sonoma Truck; a relinquishment on a 1995 Grand Cherokee Laredo Jeep and a relinquishment of any and all rights in our checking accounts (See Exhibit 8)
36. On March 25th 1998, Mr. Moxon asked me to meet him at Wasserman, Comden & Casselman law office at 5567 Reseda Boulevard in Tarzana, California, to meet with Gary Soter, Esq. I arrived and proceeded to sign a Retainer Agreement with Mr. Moxon of Moxon & Kobrin (See Exhibit 9) and Gary Soter of Wasserman, Comden & Casselman (See Exhibit 10) for legal representation in the Berry v. Cipriano lawsuit. The Retainer Agreement with Moxon & Kobrin was strangely backdated to March 23rd 1998, so Mr. Berry could not claim that I was a "free-agent" during that short period of time. Additionally, the Moxon & Kobrin Retainer stated that Moxon & Kobrin was responsible for payment to Wasserman, Comden & Casselman regarding my representation. Equally the Wasserman, Comden & Casselman Retainer stated that Moxon & Kobrin were responsible for payments for legal services rendered by their firm.
37. On or about March 26th 1998, Mr. Moxon and I talked about my re-entering the work force. Mr. Moxon suggested Earthlink Network, Inc., in Pasadena. Earthlink Network is a Church Of Scientology company. Mr. Moxon contacted Mr. Sky Dayton, Chairman of Earthlink, who referred him to Mr. George Williams, Director of Dial-Up Sales. An interview was arranged, and I was hired March 27th 1998, even though they were not hiring at that time. Earthlink created a new sales management position for a girl named Jennifer so they could move her up creating an opening for me in the sales department. On March 28th 1998, I sent an email to Mr. Moxon thanking him for the introduction (See Exhibit 11 & 12).While at Earthlink Network in Pasadena, California, I had access to the Internet Service Provider's internal operations.
38. I was befriended the first day of my employment at Earthlink by a Mr. Michael Hamra, another sales associate. I quickly started a friendship with Mr. Hamra and spent countless hours talking about various things including how Earthlink started with investments, by Kirstie Alley, Tom Cruise, John Travolta and other wealthy Scientologists, into Sky Dayton's idea of an internet service provider. Mr. Hamra told me how Sky Dayton had a coffee shop before starting Earthlink and that he, because of being a Scientologist and his friendships with celebrity Scientologists, he was able to build a multi-million dollar company that could, "Watch over the entire internet from within the internet."
39. Additionally, Mr. Hamra told me he was one of the founding group of Scientologist who ran Earthlink out of a Glendale one room office where he made sales calls from a bathroom in the office. Mr. Hamra said, "The Church of Scientology now had a database of information on every subscriber which included names, credit card info., credit reports, telephone info., computer info., who had referred them to Earthlink and who were their previous ISP providers." Mr. Hamra told me about the "other Earthlink building" which was next door on New York Avenue in Pasadena. Mr. Hamra told me that the other building was high security and is where Earthlink and the Church of Scientology did all the monitoring of the internet. Mr. Hamra was always very interested in my testimony in Berry v. Cipriano. It became clear to me that he was reporting what I was saying to other in Scientology.
40. I received many incoming sales calls while at Earthlink from individuals who would ask, "Are you a bunch of Scientologists?" We were trained to never admit that we were involved with the Church Of Scientology.
41. On April 4th 1998, I received an update from Mr. Moxon by email. In this email, Mr. Moxon informed me of the "... fun starting with Berry." He was also asking me for further Declarations to substantiate my lack of knowledge regarding the posting of my Declaration on the internet (See Exhibit 13).
42. During one of the weekends between April 4th and May 12th 1998, I was asked by Mr. Moxon to join him on a Sunday afternoon at the L. Ron Hubbard Museum on Hollywood Boulevard. At said time, Mr. Moxon arranged for me to have a highly private tour of their facilities. A personal escort took me to areas of the facility that were not open to the public. They attempted to have me use their E-Meter machine, which I aggressively refused. After the tour, Mr. Moxon took me to the Church Of Scientology Celebrity Center in Hollywood where we were met by a person I believed to be Isadore Chait. Additionally, I believe that I met a gentlemen who identified himself as David Miscavige, however, I am not absolutely positive it was he. On our drive in Mr. Moxon's car, he did not want to ride in my car, Mr. Moxon asked me what it was in the world that I really wanted or needed. I thought about it and did not answer right away.
43. Once at the Celebrity Center, Mr. Moxon repeated his question, referring to a financial incentive of around $750,000.00. I said that I did not want to be paid for my testimony. On our way back to Mr. Moxon's car, and on our way in his car back to mine, I said that I had a dream concept that I had spent quite a long time developing, called DAY OF THE CHILD, which was a children's charity concert that would benefit over 500 children's charities. They could assist with an investment, celebrity endorsements and personnel if they wanted. Mr. Moxon asked how much would a video commercial of it cost? How much would it cost for an office with equipment? How much for various things? Mr. Moxon told me, in plain words, that he would syndicate the monies needed with some of the wealthy Scientologists and get it funded. I told him I would email him from Earthlink with information.
44. April 30th 1998, Mr. Moxon asked me to track down witnesses and convince them to testify against Mr. Berry. Mr. Moxon wanted me to talk to Suzette and Richard Holmes, Howard Shafran and Carol Lackenbach, people that worked in and around Mr. Spiegelman and Mr. Berry back in 1984. Mr. Moxon offered to fly me back to New York City to soften-up and warm-up the witnesses and prep them for a new private investigator they had hired in New York City (See Exhibit 14). This trip never happened.
45. On May 14th 1998, I sent an email from Earthlink to Mr. Moxon advising him of the starting point for the project. I discussed ownership percentages, Earthlink's participation, the legal offices being at Moxon & Kobrin's law office, etc. (See Exhibit 15)
46. On May 23rd 1998, as per Mr. Moxon's request, I prepared and presented a SEC Private Placement Offering for Icon Entertainment Group for Day Of The Child to solicit and secure funds from Church Of Scientology and Church Of Scientology members, entertainers, celebrities and officials. I pledged my personal stock in other companies as collateral. (See Exhibit 16)
47. On or about May 25th 1998, Mr. Moxon arranged for and wired $2,500.00 from a Geoffrey Barton into the account of Christine M. Gregos, Accurate Bookkeeping Company, on my behalf. This loan was to pay off any outstanding debts between Christine Gregos and me so that I would have no obligations to her. When the money was given to me, however, Mr. Moxon stated that we needed to sign a promissory note so that it did not look like Scientology was paying me while I was a witness. I asked Mr. Moxon was this the same Barton that was named in Mr. Berry's lawsuit against me? Mr. Moxon told me that it was a different person and just a coincidence the last name was the same. During this same time period, Mr. Moxon suggested that I get away from Ms. Gregos, as she was "toxic" for me. (See Exhibit 17).
48. Mr. Moxon informed me that Judge Hiroshigi was a "lame-judge" who could never begin to grasp the case and that he had filed a motion to replace Hiroshigi. The case was transferred to a Judge Williams, who Mr. Moxon told me was, "A friend of the Church of Scientology."
49. Approximately June 17th 1998, Mr. Moxon moved me into a Scientology boarding house, free of charge to me, on Franklin Avenue called the Franklin House, owned and operated by Eugene Ingram's detective-operative Joanne Weaton, a known Scientologist. This was done to get me away from Christine Gregos, who Mr. Moxon thought was "toxic" to me as well as to keep me from bolting to Mr. Berry's side of the lawsuit.
50. On June 29th and 30th 1998, Mr. Moxon invited me to his home on Vista Verdugo outside of Glendale, California. Mr. Moxon prepared me to answer questions in my Deposition scheduled for July 1st and 2nd 1998. Mr. Moxon told me to lie about the ages of Mr. Berry's intimate relationships, and to antagonize him and get Mr. Berry to say things he might normally not say. Mr. Moxon told me to get Mr. Berry "pissed off" at the Deposition. It appeared to me that this was a game for Mr. Moxon and it was more about scaring Mr. Berry than about a real cause of action based on truthful facts.
51. On July 1st 1998, I arrived in downtown Los Angeles at the Paul, Hastings, Janofsky and Walker law firm and met with Mr. Moxon, Mr. Sandy Rosen, Mr. Michael Rinder, Ms. Barbara Reeves and numerous other Church Of Scientology and Office Of Special Affairs officials at 8:30 A.M. They were standing around the conference room, shaking my hand and laughing about Mr. Berry. Mr. Moxon was being extremely smug, like he had the witness that would bring Mr. Berry to his knees. I was prepared by Mr. Rosen and given a copy of Mr. Berry's bankruptcy documents. I was told by Mr. Rosen to pick the items in the bankruptcy that I thought might be false and on which Mr. Berry had filed. Mr. Rosen told me that when I was unsure of an item, to say that it was false.
52. Each time Mr. Moxon and Mr. Rosen asked for a break we would go downstairs to smoke, Mr. Rosen & Mr. Moxon would laugh like little kids about how Mr. Berry and his lawyer, Mr. Lewis, were totally screwing up. Mr. Rosen told me he thought I was the best witness he had ever had and I should think about being a professional witness around the country. Both Mr. Moxon and Mr. Rosen showed their true colors during those two days. I found both of them to be totally repulsive, unprofessional and homophobic. The case was not about Mr. Berry being a law-abiding citizen, instead the idea was, "Let's get Berry because he is lives a gay lifestyle." This was when I first understood what the term "dead agenting" meant and saw it in action.
53. On July 2nd 1998, I arrived again and was greeted by Eugene Ingram. Mr. Ingram asked me when we were alone, "I never showed you a Los Angeles Detective's badge when I first interviewed you in New York, did I?" I found this very strange due to the fact that I had told Mr. Moxon a couple weeks earlier that Mr. Ingram had, in fact, misrepresented himself to me as a Detective. I became very concerned after I read an article on the internet regarding an outstanding warrant for Mr. Ingram's arrest in Florida for impersonating an officer and knowing what he had done to me. It was obvious that Mr. Moxon told Mr. Ingram and Mr. Ingram was, once again, intimidating me. I was paid a fee of $45.00 per day for my Deposition (See Exhibit 18).
54. Immediately following my Deposition, I was moved to Palm Springs, California, to get me away from Los Angeles. Mr. Moxon told me this was the Church of Scientology "witness protection program" and that it was 15 miles from the International Headquarters for the Church Of Scientology in Gilman Hot Springs. Under the promise that now Mr. Moxon would cover all expenses and get Day Of The Child funded and off the ground, I left Ms. Gregos and moved to Palm Springs. I had delivered the Deposition in the manner that they wanted and everyone was pleased so, this was a reward.
55. In early July 1998, after I arrived in Palm Springs, I began work immediately on preparing budgets for Day Of The Child. In phone conversations with Mr. Moxon I indicated that the budget numbers for Day Of The Child were coming in around at about $520,000.00 for the first year. He indicated that he had no problem with that. At this point, I was staying in Palm Springs with a friend named Donald Snodgrass waiting for Mr. Moxon to provide what he had promised. Mr. Snodgrass and I were working extremely hard to obtain back up on the budgets so that we could get Day Of The Child off the ground. We both waited week after week with nothing from Mr. Moxon.
56. Mr. Snodgrass became very enraged that I had been promised so much by Scientology and that I was being "jerked off". Mr. Snodgrass contacted Mr. Moxon by telephone and told him to "get his ass to Palm Springs" or Cipriano would disappear completely. Mr. Moxon told Mr. Snodgrass that he would be in Palm Springs within a couple hours. I was very upset with Mr. Moxon, Scientology and anybody who had anything to do with the whole mess.
57. At approximately 5:30 P.M. Mr. Moxon, with Mr. Ingram, arrived in Palm Springs at Mr. Snodgrass' home. I had hand written a letter (Exhibit 19) for Mr. Moxon to read:
You Lost Me
58. Mr. Moxon, Mr. Ingram and Mr. Snodgrass had a long conversation which ended with Mr. Moxon telling Mr. Snodgrass to have me get in touch with him as soon as possible. Additionally, Mr. Moxon wrote a message on my hand written note (See Exhibit 19) apologizing and promising to fix everything.
59. On or about the last week of July, 1998, Mr. Moxon told me to go and arrange an apartment or condo for me to live in. I arranged for Palm Springs Rental Agency's Nancy Zachary to show me 280 South Caballeros Unit 236. On July 27, 1998, Mr. Moxon completed the rental application, sent $1074.00 to Palm Springs Rental Agency and signed a lease for the premises at $500.00 per month for 7 months. (See Exhibits 20, 21 & 22) Additionally, Mr. Moxon started sending $200.00 to $400.00 every week or two via Western Union or Money Gram. Every month thereafter Mr. Moxon would call me to his Los Angeles office and give me checks drawn on Moxon & Kobrin ranging in amounts between $500.00 to $1,000.00 for living expenses, groceries and Day Of The Child. The checks would be made payable to me and I would go into a Wells Fargo bank across the street from Mr. Moxon's office to cash each one. Mr. Moxon paid the monthly rental on the condo directly to the Landlord.
60. On August 6th 1998, Mr. Moxon sent me a Federal Express with a letter informing me that Mr. Moxon had retained Lloyd Levenson, Esq., in Atlantic City, New Jersey, free of charge to me, to handle my problem there and for me to sign some documents pertaining to same. Mr. Moxon wanted the legal problem in New Jersey erased and taken care of immediately so as to not help Mr. Berry in the case Berry v. Cipriano. (See Exhibit 23)
61. In an email letter dated September 1, 1998, from Mr. Moxon to me, Mr. Moxon says that he will pay for the Incorporation of Day Of The Child and indicates that his investors/donors are definite prospects as soon as the application for non-profit is filed. Mr. Moxon and Scientology were finally living up to their agreements with me regarding my testimony in Berry v. Cipriano and all the other related cases.
62. In a letter dated September 3, 1998, Mr. Moxon indicated that he had paid the phone bill and had placed a phone deposit so that Day Of The Child/Cipriano could stay in business. (See Exhibit 24)
63. In an email letter dated September 8, 1998, Mr. Moxon made corrections to a contemplated merger agreement between Children's Charities Of America and Day Of The Child. Additionally, he requested information so that he/Scientology can file a tax-exempt application on behalf of Day Of The Child. (See Exhibit 25) Mr. Moxon never filed for the tax-exempt status. As a result, Mr. Snodgrass and I retained a local Palm Springs accounting firm, Brabo, Carlsen & Cahill, to prepare and submit the IRS application at a personal cost of $500.00, which was paid by Mr. Snodgrass.
64. An article appeared in Star Magazine regarding John Travolta and Michael Pattinson, an ex-Scientologist, wherein Mr. Pattinson claimed that Mr. Travolta and Scientology deceived him into believing that Scientology could cure him of his homosexuality. Mr. Berry was representing Mr. Pattinson in the lawsuit against the Church of Scientology. Mr. Moxon told me to call the reporter, Martin Gould, and explain to him about Mr. Berry and my previous declaration. Mr. Moxon went as far as to say magazines like the Star pay good money for such stories. I did call Mr. Gould and told him about Mr. Berry as per Mr. Moxon's instructions but, to my knowledge, nothing came from it.
65. In an email letter dated September 26, 1998, from Mr. Moxon to Ms. Betsy Reinking, Executive Director of Children's Charities Of America, Mr. Moxon explained who Barbara Reeves was and who her husband was, in hopes that Children's Charities Of America would retain her, because Day Of The Child and Children's Charities Of America were joining forces to produce a major concert event for charity. (See Exhibit 26)
66. Mr. Moxon wanted Betsy Reinking to know that Barbara Reeves' husband was an appellate judge and that he was a friend of Scientology. Additionally, that Barbara Reeves would work for Children Charities Of America for a nominal amount, much less than her regular fees, because she wanted to do something where she was answering to a much higher God than the one she had been answering to.
67. On October 6th 1998, Mr. Moxon called and informed me that I could go get a new car if I wanted. I immediately went to a Saturn dealer in Palm Springs and selected the auto that I wanted. The salesperson at Saturn was given Mr. Moxon's phone number and Mr. Moxon was called. Mr. Moxon arranged and closed the lease agreement in his name, and I drove the new Saturn off the lot two hours later. (See Exhibit 27)
68. October 8th 1998, and after some numerous phone conversations between Mr. Moxon and Mr. Snodgrass, Mr. Snodgrass offered to pay off my legal obligation in New Jersey. Mr. Moxon provided bankwire information to Mr. Snodgrass. The communication angered Mr. Snodgrass because he had offered only as much as it could be negotiated down to. Mr. Moxon wanted all the money, $18,500.00, wired into his trust account. Mr. Snodgrass then refused to help. (See Exhibit 28)
69. CCA and Day Of The Child had negotiated an agreement and the agreement was being presented to CCA's Board Of Directors for approval in late November, 1998. One of the Board members at CCA, Brian Morrison, Executive Director of Grant-A-Wish in New York City, had discovered the information on the internet regarding Mr. Moxon and my Declaration. He convinced the Board to stop all activities with Day Of The Child. He convinced the Board not to work in any manner with Day Of The Child. Additionally, Virginia Van Zandt, another CCA Board member had had a horrible experience with Mr. Moxon when Mr. Moxon had attacked actor Wayne Rodgers (M.A.S.H) because Mr. Rogers had come out publicly against the Church Of Scientology. (See Exhibit 29, 30 & 31)
70. On November 3rd 1998, Mr. Moxon asked that I come up to Los Angeles to meet with him at the 6255 Sunset office. During this visit he told me that he was very excited that we did not need the Snodgrass money; that he was able to get $20,000.00 from someone whose identity he could not tell me, but that the person was very famous. Mr. Moxon said, "If anyone ever found out about this I would be disbarred for sure." Of course, my being curious, I said, "Tom Cruise and Nicole Kidman?" He said "No." I said, "Kirstie?" He said, "No." I said, "Don't tell me, Travolta?" He said, "Ok, I won't tell you it was John." I said, "Jesus, can we get him to be our national spokesperson for Day Of The Child?" Mr. Moxon said to write a personal letter to Travolta and make it c/o Steve Hayes, John Travolta's personal attorney and partner to Kendrick Moxon.
71. Mr. Moxon received $20,000.00 from John Travolta and wired or sent a check to Lloyd Levenson, Esq., in Atlantic City, New Jersey for $20,000.00. The outstanding amount due was $18,500.00.
72. In early November, 1998, Mr. Moxon called and asked me to send a series of Federal Express letters (on Moxon & Kobrin's FedEx Account) to Clearwater, Florida. One of these was to Timothy Bowles, another to Isadore Chait. The letter packages were regarding Day Of The Child. On November 20th 1998, I received a check from Mr. Moxon, from Isadore Chait, in the amount of $1,000.00 made payable to Day Of The Child c/o Moxon & Kobrin 6255 Sunset Boulevard, Suite 2000, Los Angeles, California. (See Exhibit 32) I immediately opened an account at Bank Of America in the name of Day Of The Child and with the corporate address at 6255 Sunset Boulevard, Suite 2000, Los Angeles, California, and deposited it into same.
73. On December 22nd 1998, Mr. Levenson of Cooper, Perskie & Levenson law firm called me and advised me that he was negotiating with the authorities in Atlantic City, New Jersey, and he thought that he could get them down from the balance of $18,500.00 to around $12,000.00. He indicated that Rick Moxon had wired him $20,000.00 and that was more than enough. He indicated he would call back with the final offer. On December 23rd 1998, Mr. Levenson called me again and told me he settled for $9,500.00 and he was happy. I agreed and said settle it. Later that day, we spoke again and he wired $2500.00 into Day Of The Child bank account. (See Exhibit 33, 34, 35 & 36) In the following month, on January 11th 1999, and January 25th 1999, he wired an additional $1,400.00 and $988.55 respectively into Day Of The Child bank account.
74. In early December, 1998, Mr. Moxon introduced Mr. John Ryan to me for the purposes of joining Day Of The Child. Mr. Moxon explained that Mr. Ryan was a top executive at Polygram Records. After meeting Mr. Ryan in Mr. Moxon's office, I realized that he was a record producer, however did not work for Polygram Records, instead had a home business called Chicago Kid Productions. I learned that Mr. Ryan had been a record producer for STYX in the 1970's and had been involved with other projects. Mr. Ryan agreed that Day Of The Child was a great project, however in our selection process for beneficiary children's charities that we needed to select certain charities that stood up against the mental health establishment. Mr. Ryan demanded that Day Of The Child endorse Scientology organizations that were supporting the attacks, lawsuits and other tactics against the use of Ritalin with children. I became very disturbed with Mr. Ryan's wanting to exchange his services for Day Of The Child supporting Scientology based causes.
75. During this same visit to Mr. Moxon's office with Mr. Ryan, Mr. Steven Lewis called for Mr. Moxon. Judy Ross advised Mr. Moxon that Mr. Lewis was on the phone. Mr. Moxon said ok, thank you to Judy Ross and looked to me and said, "Watch this." From the tone of Mr. Moxon's voice while talking with Mr. Lewis, it was obvious to me that they were having fun. Mr. Moxon kept looking back at me and smiling. Mr. Moxon was asking questions regarding Mr. Berry; where he kept various things, and what was his response to this thing and that thing. After the telephone conversation ended between Mr. Lewis and Mr. Moxon. Mr. Moxon said, "I forgot to tell you that Lewis and Scali decided to terminate their law practice with Berry and they want to work with us." I was truly amazed at the turn of events. Mr. Moxon indicated that he was getting "dirty laundry" from Mr. Lewis on Mr. Berry. In fact, Mr. Moxon said Mr. Lewis was seeking advice from Mr. Moxon on how to get out from under Mr. Berry's request that Mr. Lewis remain in place as council for Mr. Berry.
76. In mid December, 1998, Mr. Moxon, Mr. Ryan and I had another meeting, wherein they both introduced me to the Scientology based "Org. [Organization] System", Mr. Moxon typed it out and printed a copy which was handed to me. Mr. Ryan was demanding that Mr. Moxon and he could fill in each of the Org. departments with Scientology personnel, which would leave me out of the picture, other than as an ambassadorial representative.
77. In late December, 1998, I held a Day Of The Child Christmas Party in Palm Springs. Mr. Moxon and Mr. Ryan attended. Mr. Ryan and Mr. Moxon took me outside for approximately 30 minutes and berated me on how Scientology could take over Day Of The Child.
78. Between November, 1998, and June, 1999, most if not all of the transactions, financially and professionally, were handled through Day Of The Child World Concert, Inc.'s bank account. (See Exhibit 37)
79. On December 17th, 1998, Mr. Moxon purchased at Packard-Bell Computer for me on one of his credit cards from Circuit City in Hollywood. (See Exhibit 38) The charge was approximately $1,000.00 for the CPU, monitor and printer. Mr. Moxon helped me carry it to my car and I returned him to his office.
80. In January, 1999, Mr. Moxon advised and created a Stipulation Of The Parties between Leslie Keene Lamborn, my girlfriend and Jeff Appel her ex-boyfriend, on my behalf, free of charge. (See Exhibit 39)
81. In early January 1999, I was called to a meeting at Mr. Moxon's office where Mr. Ingram was waiting for me. At this meeting, I learned from Mr. Ingram, in front of Mr. Moxon, that he and a group of Scientologists had plastered Mr. Berry's neighborhood with hate flyers, advising everyone in his neighborhood that Mr. Berry was a pedophile. Mr. Ingram also told me about having spies and operatives in a gay nightclub called Numbers in Los Angeles. He also told me, that there was a young man named Mr. Hurtado who Mr. Ingram had found who would say that he went home with Mr. Berry and a couple underage boys one night. Further that Mr. Berry drugged the boys and had sex with them in front of Mr. Hurtado. Mr. Ingram also stated that Mr. Berry was exchanging legal services for sex with this Mr. Hurtado person and that Mr. Ingram was going to file a Bar Complaint.
82. Furthermore, Mr. Ingram stated that Mr. Berry was trying to sue Mr. Ingram and could not serve him. Mr. Ingram laughed at that thought, claiming that Mr. Berry did not know what he looked liked and has been as close a five inches from Mr. Berry on numerous occasions without Mr. Berry knowing. Mr. Ingram also said, "The litigation and scare tactics against Mr. Berry were just to make him go away and leave the Church of Scientology alone."
83. Mr. Ingram said that Mr. Berry had a roommate who was on the cover of some gay porno magazine and that Mr. Ingram was looking for information on the publisher of that type of magazine to ascertain how old the roommate was when the pictures were taken.
84. As part of my Day Of The Child day to day activities, I would routinely interview children's charities to review their operations. This is a process that must be conducted in order for them to be a beneficiary of the proceeds of our events. I interviewed a gentleman named Jason Whitman who organized and manages The Los Angeles Youth Council on Santa Monica Blvd., in West Hollywood The LA Youth Council works with males who are caught up with gay street prostitution. It attempts to provide them with a career, housing and guidance.
85. Mr. Moxon and Mr. Ingram thought it would be a good idea to have Mr. Whitman, who works with numerous male prostitutes talk to the young men and distribute flyers with a picture of Mr. Berry around West Hollywood. If anyone knew of Mr. Berry or had any information on him they were guided to call a number on the flyer. The information would be passed on to Mr. Ingram for use by Mr. Moxon against Mr. Berry. A young man came forward named Anthony Apodaca, who said he knew of or had seen Mr. Berry. This information was passed on to Mr. Ingram and Mr. Moxon and Mr. Ingram was sent to meet with Mr. Apodaca to obtain a Declaration. Mr. Whitman told me in a telephone conversation in May 1999 that Mr. Ingram took Mr. Apodaca to a hotel room, threatened him and paid him $300.00 for a Declaration. I do not know if a Declaration was obtained or filed; however, I do know that Mr. Apodaca was terrified and went in to hiding or disappeared at that same time.
86. On January 6th 1999, Mr. Moxon moved both Leslie Lamborn and me to 1050 Racquet Club Road in Palm Springs. Mr. Moxon signed the lease, "Kendrick Moxon for Leslie and Robert Cipriano as occupants." The rent was $1,295.00 per month and the lease ran for one year. (See Exhibits 40, 41, 42, 43)
87. In late January, 1999, Ms. Lamborn and I had serious differences and Mr. Moxon asked Ms. Lamborn and me to meet him and Mr. Ryan at a restaurant in Malibu and then proceeded to go to a secluded beach front in Malibu, California. Mr. Moxon and Mr. Ryan wanted me close to them and away from Leslie Lamborn and Donald Snodgrass. I moved out of the house at the request of Mr. Moxon and back to Los Angeles, where I moved into a friends' house near Marina Del Rey.
88. Mr. Moxon called me in early February, 1999 and advised me that Mr. Berry had dismissed Krim and was about to dismiss me in his action. I met with Mr. Moxon the next day and had him discuss the legal jargon regarding the dismissal. Mr. Moxon said that the lawsuit was over for me. I asked him, "Can Mr. Berry every come back and re-file?" Mr. Moxon said, "No."
89. I was also informed by Mr. Moxon that they had attached Mr. Berry's bank accounts and that Mr. Berry was leaving the country for good. Furthermore, that, "Scientology finally achieved what they wanted." I said, "Well then I served my purpose?" He said, "You certainly did."
90. I had finally come to the conclusion that Scientology had no plan on keeping their promises to me other than small handouts from time to time. I had come to terms that it was all a game for Scientology and they had what they wanted.
91. On March 8th 1999, Mr. Moxon asked me to work as an operative for Scientology on ECT, a company that manufactures and distributes electro-shock machines used by mental health facilities. (See Exhibit 44) Mr. Moxon wanted me to obtain internal documents from The State Department Of Mental Health, VA Hospital, UCLA, and various other hospitals, these documents included approved consent forms. I told him, "I will think about it, that I had just about had it with Scientology and all of its games."
92. On or about March 12th 1999, I received a call from my friend, in Palm Springs, Donald Snodgrass. He advised me that he had a partnership with Lassen Galleries and was ready to open an art gallery in Palm Springs. He asked me to come back to Palm Springs and assist him in running the gallery. Since I was receiving no help, calls or any assistance from Mr. Moxon, I decided to take the offer. I moved back to Palm Springs on or about March 12th 1999, and began to work with Mr. Snodgrass. Mr. Moxon and I had two or three email and phone communications between March 12th 1999, and June, 1999. I advised Mr. Moxon of my move to Palm Springs. I requested that Mr. Moxon give me and the Board Of Directors an immediate resignation from Day Of The Child World Concert, Inc. Mr. Moxon provided the resignation.
93. On March 20th 1999, I emailed Mr. Moxon responding to a phone message from him. I advised him of my need for monies as per our previous agreement. I state in the last line, "I also think that I was there for the cause-100% and by all appearances-everyone should be pretty happy with my performance."(See Exhibit 45) On March 21st 1999, Mr. Moxon emailed me in return with, "Got It. Please give me a call so we can handle the details."(See Exhibit 46).
94. May and June, 1999, I spent in Palm Springs trying to get out from under the 1050 Racquet Club Road house and keep Day Of The Child up and running. I informed Mr. Moxon in an email dated May 10th 1999, that I had a possible new partner named Roy Webb and we were working on an agreement. Mr. Moxon indicated that the house needed to be resolved. (See Exhibit 47)
95. Finally on June 7th 1999, I sent my last email to Mr. Moxon begging for food and gas money. I advised him that Day Of The Child was in Roy Webb's hands and that I was moving the operation up to Anaheim to keep Day Of The Child alive. I asked for $500.00. Mr. Moxon sent $195.00 by Western Union. (See Exhibit 48) Mr. Webb called Mr. Moxon after my move to Anaheim and requested $1,000.00 for me to restart my life after the past several years, and Ms. Judy Ross, Mr. Moxon's legal secretary, arranged for a check to be made payable to Professional Management, Roy Webb's company, in the amount of $800.00.
96. This was the last communication with Mr. Moxon that we had other than Mr. Moxon's calling Mr. Webb in early July and asked him, "How is Robert's health?" In early to mid July, I was contacted by Joanne Weaton, Eugene Ingram's Scientology operative, via email. I was contacted and responded to Erla Hawkins, who is with the IAS (International Association Of Scientologists) (See Exhibit 49), who requested that I take a position as head of public relations for a Scientology "crusade" in Europe starting July 22nd 1999. The position was for no pay and only a one-way ticket to Europe plus accommodations. Ms. Erla Hawkins attempted to have me meet her on a Saturday afternoon in an old, unmarked apartment in an unmarked building behind a schoolhouse and L. Ron Hubbard Way. It is my full belief that if I had attended that phony meeting, I may never have come back.
97. Since then, I have been under surveillance and am followed daily by various autos. In conclusion, I cannot stress enough that the acts of this fanatic organization and its lawyers and officials have caused serious harm to me and to my organization, Day Of The Child. I organized, created and built Day Of The Child to assist hundreds of authentic children's charities in the United States. The acts of Kendrick Moxon and Eugene Ingram as lawyer and operative for the Church of Scientology and its many divisions have been literally grossly offensive and illegal. As a result of their actions, Day Of The Child has been refused a general 501c (3) status, which turned one of the foremost fundraising concert events into nothing more than a waste of time. The Church of Scientology has turned 500 children's charities one-chance fortune to share equally in a global event's income into broken promises to every child in America that depends on the deeds of people who truly care.
98. Furthermore, I have learned in the past two to three months that the deepness of Scientology's terror reaches into the lives of children, which I will never stand by and tolerate. I have learned that children are held in paramilitary camps and are forced to suffer cruel and inhuman acts while under the armed guards of Scientology. This may be a customary practice in Scientology, however this violates every human rights issue and federal and state law in place today that protects children in America. It must be stopped immediately.
99. Day Of The Child may have been defiled, if not devastated by the actions of the Church Of Scientology, however my resolve to assist any child in need can not be deterred. It is my most sacred desire that this Declaration will bring attention by the proper law enforcement agencies to investigate and prosecute these monsters.
100. I personally became the subject of a bloodthirsty scheme of "dead agenting" and "fair game" between the Church Of Scientology and Mr. Graham E. Berry, a lawyer who subjects himself to the vengeance and destructive actions of Scientology. It is absolutely obvious that Scientology conducted one of the most severe "fair game" campaigns upon and to Mr. Berry in order to discourage him from further anti-Scientology litigation. It is obvious that Mr. Berry has had his entire personal life, false or not, broadcast across the world by the acts of Mr. Ingram and Mr. Moxon.
101. Attached hereto as Exhibit 50 is a true and correct copy of a declaration and exhibits that I executed on July 16, 1999. I hereby confirm the contents thereof as being true and correct both then and now, however since that time, and after having reviewed all of my related files, letters, email communications and financial records, I have incorporated the July 16, 1999, declaration with this final and complete Declaration.
I declare under penalty of perjury under the laws of the United States Of America and the State of California that the foregoing is true and correct.
Executed this 5th day of August 1999 in Santa Monica, California.
ROBERT J. CIPRIANO
MUTUAL RELEASE AND SETTLEMENT AGREEMENT
This Mutual Release and Settlement Agreement (hereinafter "the Agreement") is entered into by and between Plaintiff, GRAHAM E. BERRY, and Defendant, ROBERT J. CIPRIANO, and is made with reference to the following facts:
R E C I T A L S
A. Executed concurrently herewith, and incorporated herein by reference, is the Declaration of Robert J. Cipriano, and Exhibits thereto (hereinafter "the Cipriano Declaration")
B. On or about May 4 and 5, 1994, Eugene Ingram, misrepresented himself as a Los Angeles Police Department Detective, and hired by the then Los Angeles law firm of BOWLES & MOXON (now MOXON & KOBRIN) extorted Robert J. Cipriano, and engaged in other acts of duress, intimidation and undue influence, in order to force him to sign a statement falsely alleging Graham E. Berry to be a pedophile, as set forth in the operative complaint herein, and described in . 14-20 of the Cipriano Declaration. Without Robert J. Cipriano's knowledge or consent, Eugene Ingram, the Bowles & Moxon law firm, the Moxon & Kobrin law firm, various of the churches and corporations of Scientology, falsely representing themselves to be churches and corporations independent of the total control of David Miscavige and the Sea Organization, and others, published the false allegations regarding Graham Berry world wide and, as of the date hereof, the false statements regarding Graham E. Berry continue to be published around the world, and are freely available upon the Internet;
C. In January 1998, Eugene Ingram and the Law Offices of Moxon & Kobrin improperly obtained a pre-filing draft of the original Complaint herein, and then solicited Robert J. Cipriano's legal representation at no cost, and with other valuable inducements, all as set forth in . 23-36 of the Cipriano Declaration;
D. In March 1998, Robert J. Cipriano instructed Kendrick L. Moxon, Esq. to settle this litigation along the lines of the e-mail requests Graham E. Berry had made and, as set forth in 30 of the Cipriano Declaration. Kendrick Moxon ignored Robert J. Cipriano's settlement request and instructions, failed to convey his client's settlement proposal to Graham E. Berry, and otherwise proceeded to use his representation of Robert J. Cipriano to "utterly destroy" Graham E. Berry, consistent with the "Fair Game Policies and practices" of Mr. Moxon's other client, the Church of Scientology, but without explaining that to Robert J. Cipriano or obtaining any waiver of conflict of interest as between Kendrick L. Moxon, (as a potential party and material witness herein) and his other concurrent purportedly separate clients, the churches and corporations of Scientology, his other concurrent purported separate clients and Defendants Barton and Chait herein;
E. On May 25, 1998, Mr. Moxon arranged for Jeffrey Barton to pay Robert J. Cipriano $2,500 as set forth in 47 of the Cipriano Declaration;
F. On November 20, 1998, Robert J. Cipriano received a payment of $1,000.00 from Defendant Isadore Chait, as described in 72 of the Cipriano Declaration;
G. Between June 1998 and the present, Kendrick L. Moxon, the law firm of Moxon & Kobrin, the Church of Scientology International and others, have made substantial payments (in excess of $200,000) for Robert J. Cipriano's residential, business, transportation and other expenses, all knowingly in connection with his false testimony herein, and as described inter alia, in the Cipriano Declaration, 30, 31, 33, 35-36, 37-43, 45-47, 49-59, 61-63, 67-68, 72, 79-80, 93 and 95.
H. On August 6, 1998, Kendrick L. Moxon purportedly attained $20,000 from actor John Travolta and paid it to New Jersey attorney Lloyd Levenson, in order to have Robert J. Cipriano's then existing New Jersey felony conviction expunged so that Graham E. Berry could not use it to impeach Robert J. Cipriano at any trial herein, and as described in the Cipriano Declaration, 60, 73;
I. On June 29 and 30, 1998, Kendrick L. Moxon, Esq. instructed Robert J. Cipriano to lie at the deposition of Plaintiff herein, and as described in 50 of the Cipriano Declaration;
J. On July 1, 1998, Kendrick L. Moxon, Esq., at the Moxon & Kobrin law firm and, Samuel D. Rosen, Esq., and Barbara A. Reeves, Esq., of the Paul, Hastings, Janofsky and Walker law firm, instructed Robert J. Cipriano to lie at the deposition of Plaintiff herein, as described in 51-53 of the Cipriano Declaration;
K. In January 1999, Kendrick L. Moxon and Eugene Ingram procured, extorted and bribed one Anthony Apodaca to commit perjury against Plaintiff herein, in the Hurtado v. Berry case, (L.A.S.C. Case No. BC 200227) which Kendrick L. Moxon and Eugene Ingram had solicited and fabricated as described, inter alia, in the Cipriano Declaration, 81-85;
L. That had Kendrick L. Moxon, and Eugene Ingram not sought Robert J. Cipriano out and extorted him and otherwise tampered with his truthful testimony, and the law firms of Bowles & Moxon, Moxon & Kobrin, Wasserman, Comden & Casselman, and Paul, Hastings, Janofsky & Walker not used Robert J. Cipriano to destroy Plaintiff as part of a Church of Scientology International covert operation (involving client solicitation, witness tampering, blackmail, bribery, subornation of perjury and obstruction of justice, then Robert J. Cipriano's part in the destruction of Plaintiff's life and reputation would not have occurred;
M. As Kendrick L. Moxon, Esq., Samuel D. Rosen, Esq., and Barbara A. Reeves, Esq., established at the deposition of Robert J. Cipriano herein on July 1, 1999, Defendant Robert J. Cipriano does not have sufficient means to pay even a modest monetary judgment herein.
NOW, THEREFORE, and in consideration of the covenants and mutual promises of the parties to this agreement, it is agreed as follows:
E F F E C T OF R E C I T A L S
1. INCORPORATION OF RECITALS
The foregoing recitals, A - M hereinabove, are incorporated herein by reference, and as such are made a part hereof, as though fully set forth herein.
2. INTENT OF THE PARTIES.
It is the intent of the parties hereto that Robert J. Cipriano
correct the record herein, and do all such things to make amends to Plaintiff, to expressly apologize to Plaintiff and to try and remedy the irreparable damage to Plaintiff's reputation, career and life, that Robert J. Cipriano's involuntary participation in the matters giving rise to this litigation has caused. In exchange therefore, Plaintiff accepts the apology and amends of Robert J. Cipriano and agrees not to execute this Stipulated Judgment on Robert J. Cipriano and executes the mutual general releases contained herein. Accordingly, it is the intent of the parties hereto, that this Agreement is to terminate all litigation and claims that may exist between them, as of the date hereof, and in relation to those matters giving rise to this litigation.
3.1. Defendant Cipriano stipulates to the entry of judgment against him herein, in the amount of ONE HUNDRED AND TWENTY MILLION DOLLARS ($120,000,000).
3.2. The aforesaid sum of $120,000,000 is calculated as follows: In the cases of Christofferson v. Church of Scientology and
Wollersheim v. Church of Scientology, the trial juries returned verdicts in the amount of $39 million dollars and $30 million dollars respectively in connection with covert operations of the Church of Scientology, including by not limited to the application of its "fair game" practices and policies against critics and lawyers adversely engaged in litigation against it. Notwithstanding such unmitigated jury condemnation of the "fair game policies and practices" of the Church of Scientology, it continues to use them and has used them against Plaintiff herein and in connection with cases and complaints filed before other courts and regulatory authorities.. Accordingly, Defendant Robert J. Cipriano stipulates that a judgment in similar amount, in favor of Plaintiff, would be appropriate, together with punitive damages of three times that amount, aggregating approximately $120 million dollars without any adjustment for inflation since the Christofferson (1979) and Wollersheim (1986) judgments..
3.3. Plaintiff shall file a Motion for Good Faith Settlement Determination (C.C.P. 877.6) concerning the settlement herein.
4. DISMISSAL OF ALL CLAIMS.
Plaintiff agrees to dismiss with prejudice, any and all claims against Defendant Robert J. Cipriano (Berry v. Cipriano (LASC No. BC 184355), arising from his involvement concerning this litigation, and Defendant Cipriano agrees to forego any counter-claims against Plaintiff, as a full and complete settlement of all claims of the parties hereto known or unknown, and as full consideration for release as set forth below.
5. RELEASE OF DEFENDANT ROBERT J. CIPRIANO.
In consideration of the promises and agreements contained herein, Plaintiff, for himself, his heirs, personal representatives, successors, assignees, and transferees, fully and forever releases and further discharges Defendant Robert J. Cipriano and his successors, heirs, assignees and transferees, from any and all cause or causes of action, suits, claims, demands, obligations, liabilities, damages, liens, contracts, agreements, promises, losses, costs, sanctions, or expenses, of any nature, whatsoever, whether known or unknown, whether fixed or contingent, whether at law or in equity, arising out of or in any way connected or related to, all claims or actions arising out of the matters giving rise to this litigation. This release shall be effective forthwith.
6. WAIVER OF CIVIL CODE SECTION 1542.
Each of the parties hereto do expressly waive the provisions of Section 1542 of the California Civil Code, which states the following:
A general releases does not extend to claims which a creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the Debtor.
7. NON-RELEASE OF DEFENDANT'S AGENTS.
Plaintiff, and Defendant Robert J. Cipriano, do not intend, or agree, that the mutual general releases contained herein, extend to anyone other than Plaintiff and Defendant Robert J. Cipriano personally. Accordingly, it is the express intent of the parties hereto that this Agreement not release, or dismiss any claims of any nature whatsoever, that either Plaintiff or Defendant Robert J. Cipriano may have against any other persons, or entities, including but not limited to, the law firms of Bowles & Moxon, Moxon & Kobrin, Wasserman, Comden & Casselman, Paul, Hastings, Janofsky and Walker, Eugene Ingram, Timothy Bowles, Kendrick L. Moxon, Helena Kobrin, Gary Soter, Samuel D. Rosen, Barbara A. Reeves, Michael Terrill, Isadore Chait, Glenn Barton, Michael Rinder and David Miscavige.
8. COVENANT NOT TO EXECUTE.
Plaintiff hereby agrees, represents, warrants and covenants that he will not execute the judgment stipulated to herein against Defendant Robert J. Cipriano
9. ENTIRE AGREEMENT.
Except as specifically set forth herein, this Agreement contains the entire understanding and agreement between the parties with respect to the matters referred to herein. No other representations, covenants, undertakings, or prior or contemporaneous agreements, oral or written, or regarding such matters, which are not specifically contained and/or incorporated herein by reference, shall be deemed, in any, to exist or bind any of the parties hereto, except as specifically set forth herein.
10. NO RELIANCE UPON OTHER REPRESENTATIONS.
The parties hereto acknowledge that each party has not been induced to enter into this Agreement, and has not executed this Agreement in reliance upon any promises, representations, warranties or statements not abided within or incorporated by reference in this Agreement. In particular, the parties hereto represent that they each have entered into this Agreement free of any duress, intimidation or inducement from or by the other.
This Agreement may only be modified or superceded by another written agreement or written amendment.
12. BINDING EFFECT.
To the fullest extent legally possible, and except as otherwise provided herein (e.g. para. 7) this Agreement and any documents incorporated herein by this reference, shall apply to, and be binding upon the legal representatives of the parties hereto.
13. ATTORNEYS' FEES.
Should any action be taken to enforce or interpret any part of this Agreement, the prevailing party shall be entitled to recover, as an element of its costs, his reasonable attorneys fees.
14. CALIFORNIA LAW AND VENUE.
This Agreement is to be performed in Los Angeles, California, and is to be interpreted, enforced and governed under the laws of the State of California, at Los Angeles.
This Agreement may be executed in multiple counterparts, each of which shall be deemed an original agreement, and all of which shall constitute one agreement, to be effective as of the date set forth below.
16. NUMBER AND GENDER.
Whenever herein a singular name or number is used, the same shall refer to the plural, and the plural shall include the singular, where appropriate, and words of any gender shall include the other gender or neuter, where appropriate.
17. RECEIPT OF COPY OF AGREEMENT.
All parties hereto acknowledge receipt of a copy of this Agreement.
18. FURTHER DOCUMENTS.
The parties hereto agree that they shall immediately execute and deliver any and all documents, and perform any and all acts reasonably required on their part, or those which may be reasonably necessary to effectuate, complete and facilitate the provisions of this Agreement, and the intentions of the parties hereto, as set forth above.
It is specifically agreed and understand that a waiver, if any, of one breach or default hereof, does not and shall not be construed as a waiver of any other or future breach of or default.
The captions of the various sections of this Agreement are intended to be used solely for reference purposes and are not intended, and shall not be deemed for any purpose whatsoever, to modify, explain, or aid in construction or interpretation of any of the terms and provisions of this Agreement.
In the event that any provision of this Agreement as applied to any other parties or as to any specific circumstance, shall be adjudged by a court of competent jurisdiction, to be void or unenforceable, then, in such event, the same shall in no way effect any other provision in this Agreement, and/or its validity or enforceability, as a whole.
22. LEGAL ADVICE.
Defendant Robert J. Cipriano expressly acknowledges that when he first communicated with Plaintiff regarding the matters set forth herein, on or about June ___, 1999, he advised Plaintiff that he was no longer represented by his former counsel of record herein, and that Plaintiff herein has subsequently and repeatedly urged him to obtain new and separate counsel for representation in connection with the matters set forth herein. Notwithstanding, Defendant Robert J. Cipriano has chosen not to retain other counsel, to represent himself in this matter, and to retain Plaintiff to represent him in connection with certain other ensuing matters, unless and until other counsel can be obtained.
23. VACATION OF ALL ADVERSE ORDERS
Defendant Robert J. Cipriano hereby requests and stipulates to all discovery orders, sanctions and orders for special master fees herein, being reversed, vacated and refunded in Plaintiff's favor.
24. RETENTION OF JURISDICTION.
It is the intention of the parties hereto that judgment be entered herein, and jurisdiction be retained, in accordance with the provisions of C.C.P. 664.6.
IN WITNESS WHEREOF, the undersigned have executed this Agreement, effective this ____ day of August, 1999.
|Plaintiff, Graham E. Berry||Defendant, Robert J. Cipriano|