GRAHAM E. BERRY, State Bar No. 128503 GORDON J. CALHOUN, State Bar No. 84509 LEWIS, D'AMATO, BRISBOIS & BISGAARD 221 N. Figueroa Street, Suite 1200 Los Angeles, California 90012 Telephone: (213) 250-1800 Attorneys for Defendant UWE GEERTZ, PH.D. CHURCH OF SCIENTOLOGY ) Case No. CV 91 6426 HLH (Tx) INTERNATIONAL, a California non-profit religious Organization Plaintiff STEVEN FISHMAN AND UWE GEERTZ Defendants.
[Filed and served concurrently with Dr. Geertz' Bill of Costs.]
1. I am a resident of the County of Los Angeles, California. I have personal knowledge of the facts stated herein, unless stated upon information and belief, and as to those statements which are based on information and belief, I believe them to be true. If called upon to testify as to these facts, I could and would competently do so.
2. I am a designated expert witness in the case of Church of Scientoloqy International v. Steven Fishman and Uwe Geertz, U.S.D.C.C.D. CA Case No. CV 91-6426 HLH (Tx). The purpose of this declaration is to rebut portions of the recent declarations of Senior Scientology Officials that the Church of Scientology has not instructed people to commit murder or engage in financial fraud.
3. I have been previously designated and testified as an expert in Scientology related litigation. After I left the Church of Scientology, I became a personal assistant to Martin Cohn, who in 1980 was senior counsel for the special cases division in the Internal Revenue Service (IRS). I became his assistant when the IRS went to trial against the Church of Scientology in what has become known as the Tax Court case. I sat in the courtroom with him and whenever a Church of Scientology witness would reference a policy that justified what they were doing or showed how goodthey were, I would write a note giving him a policy reference that allowed the Scientologist to bypass that policy. In addition, I was designated and testified as an expert in Scientology administration and operations including Sea Organization ("S.O") operations. In addition, I testified against Scientology at the 1981 Clearwater hearings in Clearwater, Florida. I had been all over the world for Scientology. I had been on perhaps 20 different S.O. missions for L. Ron Hubbard ("Hubbard"). I had operated directly under Hubbard's authority.
I ran his ships, trained his missionaires, and trained Sea Organization ("Sea Org") members. In addition, I testified against Scientology at the 1981 Clearwater hearings in Clearwater, Florida. Attached hereto as Exhibit A is a photocopy of an excerpt of pages 273 to 283 of the Book "A Piece of Blue Sky -Scientology and L. Ron Hubbard Exposed" by John Atack. As the Exhibit passage states, after I left Scientology in 1976, I went into hiding at Laguna Beach. In approx. 1978, I was the engineer at one of the Laguna Beach hotels. I ran into Scientology executives (David and Sue Anderson) in the street. Sue Anderson who was Hubbard personal PRO at the time and her husband David I believe was the Flag Ethics officer. Shortly after that, my car mysteriously caught on fire in front of a friend's house when I was visiting one night and many of my Scientology papers in the trunk burned. On another occasion, the remaining Scientology papers I had disappeared from a storage site in the garage from an apartment I had in Ladera Heights, California.
6. I came to develop an understanding and belief that all of these illegal things were done on the basis that WOGS (nonScientologists) were fouling up the planet and were basically criminals who were running an insane world. Scientology professed to be trying to straighten out the planet, trying to get rid of the insanity and make things right again. So, my understanding and belief was that this illegality was acceptable as part of a Jihad or holy war. We were doing things to keep Scientology working and the things that we were doing were just fine because Scientology convinced us it was trying to make a better world. It was similar to rioting for peace. You know it really doesn't work but it is a way of getting mass agreement of Scientology's movement towards Hubbard's goals for a clear planet.
7. The illegal conduct involved in Hubbard's ships included receiving a percentage of money from all of the S.O. organizations in Los Angeles and elsewhere in the world 1. In exchange for this money, people would come on board the ship from all over the world and be trained on various basic Sea Org procedures, basic staff hatting procedures and then be sent back to their home organizations to assume Scientology posts. At this time, I floated back and forth between the ships in various executive positions and other posts concerning the Los Angeles Flag Operations Liaison office activities. At various times I was responsible for preparing mission orders and briefing couriers that would smuggle money out of the United States. I was also responsible for sending various other missionaires to various parts of the country to go into Scientology organizations and force them to make more and more money. This was basically a form of "Regging."
8. The purpose of the registrar is to make more money all the time for Scientology. At the time, Scientology had various sales courses that taught registrars to strip resistance from people they were 'regging.' Registrars were taught how to push various buttons with regard to their mortality and their spirituality and their ability to be at peace as a being. Every button that could possibly pushed was pushed in order to get a person to make large advance payments. We got so good at it that we were sending $250,000 to $500,000 a week out of the Los Angeles area alone. The money would be sent out of the country to various places in the world including accounts in St. Hill, England.
Five, six and seven couriers a week would go out from Los Angeles with their little bundles of documents and their bundles of money hooked into it. We had a communication center that we delivered the missionaire to. The missionaires were fully briefed on how to get through customs and we would take them to the airport and send them where they were supposed to go which we learned from the Director of Communications. I was told by the Director, Bill Price, that there were five phony Scientology companies that existed at that time and were recognized by customs. As far as customs was concerned, these companies regularly sent businessmen all around the world. Internal operations were never allowed to know what was being sent to where. The only communications were from the Flag communicator, through coded telexes, saying exactly where anything was to go to Bill Price at any given time and how it was to go. We had the money couriers so well briefed as how to get through customs that they would not be sweating and would be totally calm and cool. They would overwhelm customs with pieces of paper if customs wanted to see them.
10. Subsequently, it was decided to establish the Flag Land base at Clearwater in Florida.
11. Prior to the establishment of the Flag Land base in Clearwater, I actually saw the area on the Apollo where the Guardian's office financial people were engaged in a massive invoice altering project.2 My belief and understanding of the reason for the project was that discrepancies that could have been discovered between money `regged' or obtained from Scientology organizations in the United States and when it arrived on the Apollo, having previously been diverted in part to various accounts in Luxembourg,,Switzerland or other countries. When my wife and I came back from a Scientology mission to South Africa, we brought back $5,000 each (Rand). Although that was not a lot of money, it was money that was not supposed to go out of South Africa into the United States.
Where certain Class IV orgs or missions (Franchises) protected S.O. missions were sent in to remove the Executive Director and send them to Flag for Ethics Handling and rehabilitation. I was part of a mission to Austin, Texas Org to carry out that activity.
14. It was after I physically saw the Flagship's project of altering invoices that I decided to leave the ship. I was newly married and something told me that if I was on the ship with my wife and the IRS made a raid and discovered that these invoices were changed I may be in deep trouble myself. Accordingly, I went to Kerry Gleason who was in charge of Operations for Flag at the time and requested that he send me and my wife off on what turned out to be a 14-18 month mission around the world to help make money for Hubbard and his various organizations.
16. Although there were many different Scientology corporations, they were really just shams. Scientology was a hierarchial ecclesiastical organization run from top to bottom by its ecclesiastical head, Hubbard. He maintained control through the Sea Org which permeated all corporations.
17. When I was on the Apollo, I witnessed them making a new Board of Directors for Operation Transport Corporation out of a couple of galley hands and some musicians. Mary Sue Hubbard picked them out and they signed the corporate papers where and when she told them.
18. The organization board (Org Board) is one way Hubbard maintained unity of control. Every Scientology corporation had the same Org Board and so duties were assigned in such a way that they were mirrored in every single Scientology or Dianetic Center in the world. Accordingly, there wasn't one post in `lag' that did not have somebody in each and every Scientology organization around the world as an opposite number. So orders were passed down into different people irrespective of whether they were in different corporations. Every corporation had a Hubbard Communications Office (HCO") ethics officer. They all had a publications officers, dissemination officers, treasure/finance personnel, etc. So orders were passed down into different people irrespective of whether they were in different corporations. For example, when I was running operations in Los Angeles, Flag would send me a set of mission orders. I would be instructed to put together a mission to do this or that. Then I would have to find a couple of people that were capable of doing it. Then I would write the mission orders for them to do it step by step, telling them exactly what they had to do. Then I would bring them in and brief them. I would get them to the point where I felt they were ready to go and do the mission. Then I would deliver the missionaires to the Communications Department which would get them onto a flight for wherever they were supposed to go and then get them back. The mission orders would also include getting the monies from the org to bring back with them. I would put in a request for monies for the missionaires, basically a budget estimate, what they would be spending and why, and that had to be accounted for when they came back. If the mission was successful or even unsuccessful, they would go into a briefing room and I would debrief them on every point in their mission orders. Any monies returned from the mission or the Org would go into the treasury division. From there an ACl or AC2 form would be completed by the Director of Income or the Treasury Director and funds could then be allocated to various activities set forth within that form and then sent to the Guardian's office for approval. It was really one big financial operation and Corporate Form had nothing to do with approved allocations.
21. When I was in Scientology, I heard of Susan Meister being a supposed suicide.
I also heard of Quinton Hubbard's supposed suicide. Quinton was one of Hubbard's sons. He was a class 12 auditor whose specialty was to cure OT3's and one of the things that the OT3 level was supposed to handle was homosexuality. It was widely rumored that Quinton Hubbard was homosexual. Quinton Hubbard had completed the OT3 level and was a class 12 auditor. It was therefore an embarrassing enigma that Quinton Hubbard had not been cured of his homosexuality by Scientology and his homosexuality was also an embarrassment to his father. Because of this, I would not at all be surprised if the Guardian's Office was involved in manufacturing his supposed suicide.
23. Jerry McDonald was widely rumored to have been a former mercenary and a paid assassin in Europe. He was known throughout the Sea Org for taking care of difficult problems. If someone was giving a problem in some area Jerry McDonald would just appear there. Because of his reputation as having been an assassin, if he came on the scene, people would fear for their lives. They believed that he was working totally for Scientology and that he would do anything for Hubbard. Additionally, he was also the kind of guy who would have people over to his house every now and then and would get out his automatic weapons, clean them and put them together in front of people. In this way, he would let people know that he was really conversant with his craft. He carried a 9 mm pistol on him all the time and he was always talking about arms sales and deals that he was doing. As things turned out, he and I were not required to carry out the instructions to kill that we had received. However, if the orders had not been canceled I have no doubt that he could have performed the task.
For example, Alex Sibrisky's former Deputy Commander, Bill Foster, turned up at the Sea Org headquarters in New York and told me a story about being involved with some other guys in break-ins of United States government offices, and possibly one senator's office, where they had stolen materials that had to do with Scientology. He said that there were U.S. government agents after him and that Scientology and the Guardian's Office had hung him out to dry. He was going to have to take a fall. Scientology was going to deny any connection with his activities. I knew that he had been allegedly routed out of Scientology for some sort of bad financing practices in Boston a few years earlier. I recalled there were allegations of improper 'regging' (high pressure sales) practices. I thought this was strange at the time because it was not like the Guardian's Office to kick out real money makers. Neither was it like Hubbard to kick out real money makers anywhere. As a result'of this conversation, I called up the Guardian's office, Bob Reimer in Boston and said what's the deal on Bill. He goes ..., Bill? Bill Who? I said you know who I mean, and I told him the name and I said what's the deal on him, and all Bob said was that "he was expelled a couple of years ago." I then said "that's interesting because he is sitting right next to me here and he has just told me a story about" . . . and I started going into it. Bob said, "Don't talk about that on the phone." And I said, "So in other words, that does exist. That did exist and he has worked for you for the last two years undercover and nobody in Scientology knew that he was working on Guardian Office projects." Bob hedged and hemmed and hawed. Then I said, "Listen, I am in a position here where I have to decide whether to take on Flag or not over this guy because he is saying that he has been working for some Scientologist in the Guardian's Office all this time, but as far as everybody else in Scientology knows, this guy is persona non grata and an enemy of Scientology." So here I am, running Folo New York with my wife and this guy is asking me for asylum and wanting back on Scientology lines and he says he is being put out to dry. Moreover, Bob Reimer, head of the Guardian's Office in Boston at the time, is denying it. So I said, Bob, you've got to tell me the truth. I'd worked with Bob before and he knew I would know if he is lying. Basically, when he said don't talk about it over the phone I knew that they were afraid of somebody listening in, and so I said, did he work for you for the past two years under cover? And he said, well, yes.
I said Okay, thank you. So I then telexed 'Flag' and told them that Bill wanted back on (Scientology) lines and I told them that I did not know what was going on but I knew that he had been working under cover for the Guardian's Office for two years. He wanted his Commission back and he said he was being hung out to dry. I said Bob Reimer told me that he had been working on lines under cover for two years, I said I was putting Bill back to work. Then all hell broke loose. There were talks about what he could not do here and they wanted me to kick him out and send him packing. To force Flag and the G.O. to confront the situation I sent Bill on a mission to the Toronto Org and got him out of the country.
I had also seen the B-1 hat packs and other church materials dealing with how to conduct illegal and/or other activities. I was declared a suppressive person by the church and I knew from my knowledge of Scientology's fair game policy that I could therefore be tricked, lied to, or in any manner destroyed by any Scientologist, without that Scientologist being subjected to a Scientology Committee of Evidence for doing whatever they did to destroy me. Attached hereto as Exhibit B is a copy of an Executive Directive dated January 27, 1983 and being a List of Suppressive Persons. My name is on the lower right hand side of page 5.
26. A few weeks ago, I stopped working as paralegal and designated expert for the law firm of Lewis, D'Amato in this litigation because my research of Scientology activities since my departure in 1976-1977 caused me to become fearful for the security and safety of my mother, sister and friends and discovered through questioning same that they were all terrified of my involvement in the instant matter.
27. I have read the declaration by Robert Vaughn Young dated October 25, 1993 and the exhibits thereto dealing with Scientology's Fair Game policy and on the basis of my knowledge and experience within the Church of Scientology, I can state from my own knowledge, experience and training that its contents are true and correct.
I declare under penalty of perjury under the laws of the United States and of the State of California that the foregoing is true and correct.
Executed this [empty] day of March, 1994
at Los Angeles California.
Wendall Reynolds, the Guardian's Office Flag Banking Office, took quite a deal of pride in showing me the project.
On March 9, 1994, I served on the interested parties in this action the within document entitled: DECLARATION OF SCOTT MAYER IN SUPPORT OF COST BILL FOR DR. GEERTZ'S MOTION FOR AWARD OF COSTS, EXPENSES, ATTORNEY'S FEES AND SANCTIONS
IX] by placing a true copy thereof enclosed in a sealed envelope addressed as follows:
SEE SERVICE LIST
Executed on March 9 , 1994, at Los Angeles, California.
Jonathan W. Lubell, Esq.
MORRISON, COHEN, SINGER & WEINSTEIN
750 Lexington Avenue
New York, New York 10022
Robert Wiener, Esq.
BOWLES & MOXON
6255 Sunset Boulevard, Suite 2000
Los Angeles, California 90028