William T. Drescher

23679 Calabasas Road, Suite 338

Calabasas, California 91302

(818) 591-0039





Michael Lee Hertzberg 

740 Broadway 

New York, New York 10003 

(212) 982-9870 





Attorneys for Non-Party 



DAVID MISCAVIGE 

 



UNITED STATES DISTRICT COURT 

FOR THE CENTRAL DISTRICT OF CALIFORNIA 

 



CHURCH OF SCIENTOLOGY 

INTERNATIONAL, a California Non- 

Profit Religious Organization, 





vs . 

 



Plaintiff, 





STEVEN FISHMAN and UWE GEERTZ, 





Defendants. 



 

CASE NO. CV 91-6426 HLH(Tx) 





DECLARATION OF DAVID MISCAVIGE 

 



I, DAVID MISCAVIGE, declare and say: 



1. I am over 18 years of age and a resident of the State of 

California. I have personal knowledge of the matters set 

forth in this declaration and, if called upon as a witness I 

could and would competently testify thereto. 



2. I am not a party in the above-referenced case. nor am I 

affiliated in any corporate capacity with the plaintiff, 

Church of Scientology International ("CSI"). I make this 

declaration for several reasons. First, until January 4, 

1994, the date on which I was informed that my deposition had 

been ordered in this case by Magistrate Judge Tassopulos, I 

had no idea that I would be required to testify in this case. 

I was never served with any subpoena for such testimony, I 

have never had any contact whatsoever with either defendant, 

and I had nothing whatsoever to do with this case until now. 

In fact, it was not until January 6, 1994, after my 

deposition had been ordered, that I first read the outrageous 

papers filed by Geertz's counsel when he sought to have my 

deposition ordered. Second, upon reading those papers, I 

discovered that Geertz's counsel made arguments to the 

Magistrate Judge that gave her the absolutely false 

impression that I was evading service of subpoena. It caused 

me great concern to learn that the Magistrate Judge had 

asked, "Why has Mr. Miscavige avoided service?" I did no such 

thing, and were it not for the baseless allegations which 

Geertz's counsel proffered, I believe the Magistrate Judge 

would instead have asked Geertz's counsel, "Has Mr. Miscavige 

been served?" The truthful answer to that question is "No." 

Third, my lawyers' efforts to arrange for my deposition to be 

taken have been rebuffed by Geertz's counsel, who, at the 

same time, is threatening to move for a contempt citation 

against me for not appearing at a deposition he has refused 

to schedule. It is inconceivable to me that Geertz's counsel 

can seriously contend that I am to blame for a deposition not 

going forward when he has refused to depose me. Finally, in 

the course of these proceedings, Geertz's Counsel, Robert 

Vaughn Young and Stacy Young have made a number of 

allegations about me and about the Scientology religion which 

require a response, so there can be no doubt that those 

allegations are false. 



3. I have read the vile declarations filed by Vaughn and 

Stacy Young in this case. It is clear to me that the false 

allegations they have filed have been offered solely for the 

purpose of making me the centerpiece of this litigation, and 

that their motivation is to forward a litigation tactic of 

harassment to the point of a hoped-for default by the only 

plaintiff to this action, CSI. The foregoing is based on the 

falsity of the claims they have made, my personal knowledge 

that both of these individuals are not qualified to testify 

to the matters they have addressed by declaration, and 

because I have seen the same litigation tactics used before 

in instances where Vaughn Young would have learned this 

"technique." Therefore, this declaration is submitted to 

demonstrate that I have no knowledge of the defendants in 

this case, to set the record straight concerning the false 

allegations of Vaughn and Stacy Young, and to comply as fully 

with the court order concerning my deposition as Geertz's 

counsel's actions permit, since Geertz's counsel has declined 

all opportunities to do so. I also submit this declaration 

because I feel the Court has been poisoned into believing 

that I have had some role in this litigation by the 

statements of the Youngs and counsel for Geertz, to which I 

have neither responded nor even had the opportunity to 

respond.



BACKGROUND



4. I have been a practicing member of the Scientology 

religion since 1971. In 1976, I joined staff of the Church of 

Scientology of California (and the Sea Organization -- the 

Scientology religious order). During my tenure in this 

corporation, I held many positions. In 1977, I had the 

opportunity to work directly with L. Ron Hubbard in many 

different capacities. In 1978, Mr. Hubbard was engaged in the 

production of Scientology films which had the purpose of 

training Scientology counselors (called "auditors") in the 

practice of Scientology. During this time I was the Chief 

Cameraman. Later, I worked directly with Mr. Hubbard as a 

member of the Commodore's Messenger Organization ("CMO"), 

which duties consisted of assisting Mr. Hubbard in whatever 

activities he was engaged in. The functions are best 

described as an assistant. Later, when Mr. Hubbard went into 

seclusion to continue his researches on Dianetics and 

Scientology, and to engage in his own writings, I became part 

of a newly formed CMO organization, CMO International. 



5. CMO International's role was to see that the management of 

the Church operated in accordance with Scientology policy and 

technology. The title of my position was Action Chief. In 

short, this post was responsible for missionaire activities 

of the Church, where personnel from the Mother Church would 

travel to different parts of the world to see to the proper 

operation of various Church activities and to take corrective 

action where necessary. The types of missions I generally 

supervised were those that saw to the correct functioning of 

the Church management and the correction thereof. 



6. From the beginning of 1982 until March of 1987, I was 

Chief Executive Officer and later Chairman of the Board of 

Author Services, Inc. ("ASI"), a California corporation which 

managed the personal, business, and literary affairs of L. 

Ron Hubbard. Later in this declaration, I describe how I came 

to that position. 



7. Since March of 1987, I have been Chairman of the Board of 

Religious Technology Center ("RTC"), a California non-profit 

religious corporation recognized as tax exempt under Section 

501(c)(3) of the Internal Revenue Code. RTC is not part of 

Church management, nor is it involved in the daily affairs of 

various Church of Scientology organizations or missions. RTC 

ensures that the trademarks of Dianetics and Scientology, and 

the technology they represent, are properly used around the 

world. It exists to see that Dianetics and Scientology 

technology is safeguarded, is in good hands, and is properly 

used. 



8. RTC was formed with the specific purpose of seeing that 

the religion of Scientology was kept pure and true to the 

source materials of the religion. In fact, a major reason for 

its formation was to have such a Church organization that 

performed these functions in a capacity entirely separate 

from the actual management of the various Churches and 

Missions of Scientology. Not only is RTC not involved in the 

management of the international hierarchy of Scientology 

churches, but its very existence and performance of its true 

functions depends on the fact that it is NOT part of Church 

management. The authority of the Religious Technology Center 

stems from the ownership of the trademarks of Dianetics and 

Scientology. In brief, RTC's maintenance of these trademarks 

is threefold: 



A) ensuring that when something is represented as Dianetics 

or Scientology, that it actually is; 



B) seeing that any organization representing itself as 

Dianetics or Scientology (and using those names), while 

actually being something entirely different, is prevented 

from doing so; and 



C) seeing that anyone offering Scientology, but calling it 

something else (a name other than Dianetics or Scientology) 

is prevented from doing so. 



I could give various such examples where actions listed in B) 

and C) have actually occurred, although it is not necessary 

here. Suffice it to say that when such has occurred, RTC has 

acted, with litigation when necessary, and has been able to 

uphold the proper use of the marks in every instance. 



9. As Chairman of the Board, the most senior position in RTC, 

I am uniquely interested in the standard application of the 

Scripture of Scientology as detailed in Hubbard 

Communications Office Policy Letters (HCO PLs) and Hubbard 

Communications Office Bulletins (HCOBs) and the spoken words 

of Mr. Hubbard on the subjects of Dianetics and Scientology 

as recorded on audio tape, video, film and, in some cases, 

written transcriptions of these materials. I inspect and 

correct departures from the standard application of the 

Scripture of the religion. I also ensure that any attempted 

perversion of the technology of Dianetics and Scientology is 

rapidly dealt with, to keep the religion pure so that all 

people may benefit from the application of Mr. Hubbard's 

breakthroughs in the fields of the mind, the spirit and life. 



10. In the course of my duties I travel widely. I often 

appear at Church events and briefings which serve to keep 

Scientologists around the world aware of the widespread 

application of Mr. Hubbard's writings. In all such 

appearances, my position as Chairman of the Board of RTC is 

known, as is its distinction from actual Church management 

officials of CSI. I also oversee the affairs of the Religious 

Technology Center in its function of verifying that the 

source writings of the religion are kept pure. This 

specifically includes the verification that the materials 

representing themselves as being Dianetics and Scientology 

are in fact that, and that they honestly reflect the source 

writings of the religion by L. Ron Hubbard. I also oversee 

RTC's function of assuring that the trademarks of Dianetics 

and Scientology are legally registered and kept current in 

over 190 countries around the world. 



11. Neither RTC nor I has any corporate authority over any 

Scientology church, including CSI. CSI is the Mother Church 

of the Scientology religion and has been since its inception 

in 1981. As such, CSI is responsible for the activities 

commensurate with such a role, including the ecclesiastical 

management of Churches, dissemination and propagation of the 

faith and defense of its activities, including external and 

legal affairs. All of the foregoing facts were submitted to 

and thoroughly reviewed by the Internal Revenue Service prior 

to the recent recognition of the tax-exempt status of CSI, 

RTC and a host of other Church corporations and entities. 



FAILURE TO SERVE SUBPOENA 



12. Apparently Geertz's counsel made some attempts to serve 

me with a deposition subpoena in Los Angeles in December of 

1993, when I was away from California on business in the 

United Kingdom and Washington, D.C. I keep a busy schedule 

that requires extensive travel in the course of handling a 

wide range of ecclesiastical duties, and my schedule has 

nothing to do with the presence or absence of process 

servers. In January, I was away on business in Clearwater, 

Florida and Washington, D.C. In Washington, I met with the 

head of Interpol, Raymond Kendall, on one of the days that 

Geertz's counsel unilaterally set for my deposition. This 

meeting had been arranged for more than a month and since 

this individual was traveling all the way from Interpol 

headquarters in Europe, it was hardly something I could 

cancel. During that same week, and on another day arbitrarily 

set for my deposition, I met with IRS officials in a 

similarly pre-arranged meeting. In fact, I was only home for 

approximately 25 days in all of 1993. I was simply not in the 

State of California during the entire time in which service 

attempts on me were apparently being made. I understand this 

fact was made known to the Magistrate Judge in this case and 

later to the Court. To this day, I have never received a 

subpoena in this case. 



13. Any suggestion that I try to avoid giving testimony is 

just false. In May of 1992, I testified at a legal proceeding 

in Toronto, Canada, although there was no legal means to 

compel my testimony. I testified for four full days in the 

summer of 1993 in Church of Scientology International v. Eli 

Lilly. et al., a case pending in federal court in Washington, 

D.C. There are over 1100 pages of deposition transcript that 

comprise that deposition, with very little in the way of 

objections or colloquy. I did so because I knew my testimony 

was needed and relevant. In 1990, I was deposed for two full 

days in Bent Corydon v. Church of Scientology International. 

In that instance, I was "rewarded" for appearing by having 

plaintiff's counsel serve me with various subpoenas in other 

disrelated matters. In both Lilly and Corydon, the opposition 

first attempted to notice my deposition while concurrently 

arguing that I would "refuse to appear." In each instance I 

was forced to refute such nonsense and in fact did appear. To 

claim that I evade service or avoid being deposed or 

otherwise avoid giving testimony is nonsense on its face. 



14. I want the Court to be aware that upon learning that my 

deposition had been ordered by the Magistrate Judge on 

January 4, 1994 and upon reading the allegations that 

apparently led to that order, which I first read on January 

6, 1994, I consulted with my counsel in this matter, who 

advised that I seek the Court's review of the Magistrate 

Judge's order concerning my deposition. At the same time, I 

also instructed my counsel that in spite of the fact that I 

had no knowledge of the issues raised in this case, and in 

spite of the lack of any service of a subpoena on me, and in 

spite of the fact, as noted above, I was to be out of town 

for much of January, counsel should try to make arrangements 

for my deposition to be taken, should the Court not reverse 

the Magistrate Judge's order. Efforts to make such 

arrangements commenced on January 10, 1994 and continued 

through February 4, 1994. I am informed that Geertz's counsel 

was not willing to discuss a mutually acceptable date for my 

testimony, particularly at the end of that period, when 

Geertz's counsel declined even to propose a date for my 

deposition. In the meantime, while refusing to depose me, he 

threatens me with contempt for not having been deposed. I am 

convinced that this entire tactic of attempting to bring me 

into a case where my only involvement stems from this pursuit 

of my testimony, is for the purpose of harassment and to 

forward a litigation tactic of avoiding litigation of the 

actual case by use of abusive and irrelevant discovery 

tactics. 



15. As a result, I feel I should make whatever effort I can 

to set the record straight on many of the false and 

inflammatory allegations that have been injected into this 

case. Therefore, I am using this written declaration to 

inform the Court of what my testimony would have been. I also 

am making my testimony available, because of my great concern 

that my name has been attacked in such a way that the Court 

has made rulings regarding my appearance based entirely on 

falsehoods presented by Geertz's counsel and Vaughn and Stacy 

Young.  



NO KNOWLEDGE OF DEFENDANTS 



16. I first heard the name Steven Fishman in the summer of 

1990, when it was brought to my attention that someone by 

that name had been sentenced to prison for mail fraud and 

obstruction of justice and that in the course of being 

sentenced, he had referred to me by name and it had been 

alleged that illegal acts he had committed were as a result 

of Fishman being "implanted" and caused pain by inserting BIC 

pens in his penis and forcing him to smell human feces. As I 

had never heard of Fishman and because the allegations were 

such tabloid rot, I assumed this was some new form of 

"insanity defense" and that Fishman had picked my name out of 

the press or something. I never thought about the matter 

again, until 1991, when I read the 8 page cover story in Time 

Magazine concerning CSI in the May 6, 1991 edition. At no 

time, either before or since I read their names in that 

magazine, have I met with, spoken to, communicated with or 

otherwise had any contact or communication of any kind with 

either Geertz or Fishman. It was when I read that article 

that I first heard the name Uwe Geertz. 



17. Geertz has submitted copies of purported correspondence 

from defendant Steven Fishman to Church members making 

reference to me as a participant in Fishman's mail fraud 

crimes. These references to me are pure fiction. Indeed, I 

have been informed that CSI has filed with the Court an 

unrebutted declaration of a typewriter expert who concluded 

that these letters could not have been created on the dates 

claimed by Fishman. 



18. Other than the falsified documents of a convicted felon, 

the defendants have identified no other "evidence" that I 

even knew Fishman, much less ordered or condoned crimes for 

which he was imprisoned. Instead, Geertz has submitted two 

vicious declarations, from Vaughn and Stacy Young, which 

attack and vilify me personally without reference to any 

issue in this case. Most significantly, neither of the 

Young's ever suggests that they ever heard me or any other 

senior official in the Scientology religion mention Steven 

Fishman or Uwe Geertz in their presence. At no time does 

either one even suggest that they know anything that connects 

me to any issue in this case. The reason they have failed to 

do so is clear: they have no such evidence of my involvement 

with Fishman or Geertz because no such evidence exists. 



19. Exemplifying the unsupportable, irrelevant and malicious 

nature of Vaughn Young's personal assault on me is his false 

and repugnant insinuation that I was involved with the death 

of my mother-in-law, Mary Florence Barnett. Not only is there 

no evidence to support this claim by Young, but there is 

clear evidence to the contrary. With the reports of the 

coroner and the medical examiner's investigator, and with the 

deposition of the medical examiner taken by Geertz's counsel 

at hand -- all to the unanimous, unequivocal conclusion that 

Ms. Barnett died from self-inflicted gunshots -- Young has 

the temerity to suggest that I should be investigated to 

determine what he calls my role in that tragic suicide. With 

complete disdain for the facts and no regard whatsoever for 

any sense of decency, Young has taken a personal tragedy in 

my family's life, the suicide of my mother-in-law, and 

attempted to make this an issue in this lawsuit by twisting 

it to imply non-existent wrongdoing on my part. I not only 

had nothing to do with this tragic incident, but Vaughn 

Young's gratuitous embellishment that I ordered the matter 

"hushed up" is equally false. My only association with this 

tragedy was to console my wife who was understandably 

emotionally traumatized and grief stricken. Vaughn Young's 

effort to exploit this tragedy is malicious in and of itself, 

but his innuendo and attempts to recast the incident, despite 

the uncontroverted evidence as to the true cause of Ms. 

Barnett's death, show the depths to which he is willing to 

sink. 



20. At this point, I have stated all I know of Steve Fishman 

and Uwe Geertz and anything that could possibly be relevant 

to this case. However, Vaughn and Stacy Young have taken it 

upon themselves to introduce into this case their version of 

my history with the Church. I cannot understand the relevance 

of this under any circumstances, but since counsel has now 

refused to take my deposition while concurrently leveling 

threats, I feel I am forced to give a brief history of what 

actually occurred to be in compliance with the Court's order 

if such is considered relevant, and to show in proper context 

how Vaughn and Stacy Young are simply incapable of 

competently testifying to events they have "described" in 

their declarations. 



HISTORY OF FALSE ALLEGATIONS 



21. False allegations leveled against me in the context of 

litigation or in the media are nothing new. I raise this 

point only so that the Court will understand that the sort of 

scurrilous personal attack on me launched by Geertz's counsel 

and Vaughn Young is the latest in a pattern of such attacks 

in litigation over the years. I recognize that it is not 

uncommon for leaders of organizations and movements to be 

subjected to such attacks. I can only assume that I am 

attacked because I am visible as the ecclesiastical leader of 

the Scientology religion. I note that I am the ecclesiastical 

leader of the religion, not the Church. The 

mischaracterization of my role made by the editors of 

Premiere magazine in an editorial note cannot convert me from 

the leader of the religion to the head of the Church. Neither 

can the imprecise use of language by Ted Koppel on ABC's 

Nightline Show. Both of those erroneous designations are 

examples of the media not understanding the nature of what I 

do or the nature of my relationship to the Church. In the 

case of Premiere, the same article that contained the 

erroneous statement by the editors, also contained a photo 

caption which I did compose and which did correctly identify 

my position as "David Miscavige, Chairman of the Board of 

Religious Technology Center, Holder of the Trademarks of 

Dianetics and Scientology." On "Nightline," I was sitting on 

live, nationwide TV, engaged in rebutting a set up video for 

the show, containing 15 minutes of false and outrageous 

charges about Scientology and did not deem it important to 

pause from correcting those false charges so I could educate 

Mr. Koppel on matters of corporate structure.



22. My name has now been dragged through the mud in this 

litigation, not only by means of a mean-spirited personal 

attack, but also as part of what appears to be a tactic of 

hurling false and irrelevant allegations against Church of 

Scientology International, the Scientology religion and its 

Founder. It is unfortunate that I am now put in the position 

of defending my reputation and refuting lies about my 

religion that have become part of the record in this case. In 

that regard, I must note that in reviewing the sordid and 

outrageous allegations made about me by Geertz's counsel and 

Mr. Young, I was struck by their technique of using vague, 

innuendo-filled vignettes and unsubstantiated rumors in an 

effort to sound authoritative. I was also struck by the way 

that their declarations attempt to portray normal things as 

abnormal. I can only submit that trying to make the usual 

seem strange and trying to color events by innuendo are the 

tools by which bigotry is crafted and prejudice is spread. 



23. The personal attacks on me, as well as many other 

irrelevant and malicious falsehoods that have been brought in 

this case, have largely been introduced through declarations 

of Robert Vaughn Young and Stacy Young and forwarded by 

Geertz's lawyer, Graham Berry. The Youngs left Scientology 

almost five years ago, have no personal knowledge of the 

current activities of RTC, CSI, or any other part of 

Scientology and, by their own admission, have no personal 

knowledge of the defendants in this case. Neither Vaughn nor 

Stacy Young ever worked with me or even near me during the 

entire time I have been employed by RTC. They couldn't 

possibly testify to any of my activities as RTC's Chairman of 

the Board since 1987 because they simply were in no position 

even to observe such activities. They are not experts on 

anything relating to Scientology, but have apparently been 

hired to file inflammatory declarations on non-issues in this 

suit. The Youngs are, however, generally aware of the fact 

that, through the years, attempts to malign me personally and 

create a false picture of the Church with sensational 

allegations have been the stock-in-trade of litigants 

opposing the Church and the former Scientologists upon whom 

counsel rely to swear to matters they do not know and to make 

false allegations for which they have no basis. I believe 

that the Youngs' awareness of that litigation ploy explains 

their involvement in this case and defines the role they are 

playing. 



24. For example, part of Vaughn Young's attack is his 

complete mischaracterization of my role in the dismantling 

and permanent disbanding of the Guardian's Office ("GO"). The 

Guardian's Office and the fallout that resulted from it is 

particularly significant as it is the linchpin of a 

litigation tactic that has been employed for years against me 

and the Church. Vaughn Young is simply revisiting the same 

path trod by others before, but as this has now been injected 

into the case I feel it important to address this matter, 

even if necessarily briefly. 



25. Young would have the Court believe that I was an 

opportunist, using the jailing of Mary Sue Hubbard as a means 

of taking control of the GO, while leaving its criminally 

tainted substance unchanged and operating under a different 

name. This is a complete perversion of the true events, as 

set forth below. I would not have expected Young to know all 

of the details of how I directed the disbanding of the GO and 

the permanent expulsion of its leaders and other wrongdoers, 

as he was in a low level position in the GO at the time. 

However, he knows that when the staff of other Church units 

completely took over the GO offices and put an end to it as 

an organization, literally hundreds of his fellow GO staff 

members were dismissed, expelled from the religion, and 

forever barred from ever holding any position in any Church 

organization again. 



DISBAND OF THE GUARDIAN OFFICE 



26. To understand the magnitude of this upheaval, a 

description of the history, power and authority of the GO is 

vital. The GO was established in March of 1966 because legal 

and other external facing matters were consuming the time and 

resources of Churches of Scientology. In particular, Church 

leaders were being distracted from their primary functions of 

ministering to the spiritual needs of their expanding 

religious communities and building their organizations. 

During the 1970s the GO operated as an entirely autonomous 

organization unchecked and unsupervised by the ecclesiastical 

management of the Church. The power of the GO was absolute. 

Unless a member of the GO, one could not even enter their 

locked offices. They held all corporate directorships. They 

and they alone dealt with legal affairs of the Church. The GO 

operated in complete secrecy, and conducted its affairs 

independently of the Church and its management and personnel. 

Any attempt to find out their affairs, by Church 

ecclesiastical staff or any Scientologist, was met with the 

same "treatment" they handed out to others. For instance, GO 

staff carried out illegal programs, such as the infiltration 

of government offices for which eleven members of the GO were 

prosecuted and convicted. There were also instances in which 

GO staff used unscrupulous means to deal with people they 

perceived as enemies of the Church -- means that were 

completely against Scientology tenets and policy, not to 

mention the law. 



27. In 1981, a Church investigation was begun into the 

activities of the GO. That investigation was prompted by the 

existence of a number of civil law suits which had been filed 

at that time against Church of Scientology of California and 

Mr. Hubbard, and which the GO was supposed to be responsible 

for handling. Not only was the GO not handling these suits, 

the GO, and particularly Mary Sue Hubbard, even refused to 

answer our questions about the suits because they viewed 

themselves answerable only to persons within the GO. My 

involvement in the purge of the GO arose from my position at 

the time, Action Chief CMO International. My duties included 

directing Church missionaires conducting the investigation of 

the GO to determine the reasons for the GO's ineffectiveness 

and why the GO had departed from its original purpose. 



28. Our attempts to get information were thwarted by Mary Sue 

Hubbard. She informed us that she did not appreciate our 

investigation of the GO and that if one were needed she would 

do it. In March 1981 she cut all of our communication lines 

to the GO, except through herself. It must be noted that Mary 

Sue Hubbard believed her position as Controller and as the 

"Founder's wife" to be unassailable and beyond reproach by 

anyone but Mr. Hubbard -- who was not around at the time, a 

fact that she was well aware of. This, plus her absolute 

control of the GO, made it difficult for the Church 

missionaires to get anything done. 



29. In April 1981, in an unprecedented move and without Mary 

Sue Hubbard's knowledge, I sent a mission to the headquarters 

of the GO in England -- GO World Wide ("GOWW") --_to inspect 

the Legal Bureau under the guise that it had been authorized 

by Mary Sue Hubbard. What the mission found confirmed our 

worst suspicions. 



30. We discovered that the GO had grossly mismanaged the 

legal affairs with which it had been entrusted, and displayed 

a disdain for the basic policies by which a Scientology 

organization is supposed to be guided. Whatever else the GO 

was, it was not Scientology, and it was not adhering to 

Scientology policy. Moreover, the GO continued to withhold 

from Church management the darkest of its secrets -- the 

criminal acts committed by GO staff against the United States 

government and others. We only learned of these crimes when 

we read copies of GO documents attached as exhibits to court 

papers filed by litigation adversaries. These documents had 

been removed by the GO from its own files in order to 

continue to hide their criminality from the Church. While the 

FBI had seized these documents in their 1977 raid of the 

Church, the GO had obtained an order sealing these materials 

from the public, including the Church. During a short period, 

the Court had lifted its sealing order and litigation 

adversaries obtained copies. And that is why we were only 

able to start discovering these acts when filed by the 

opposition in civil litigation. 



31. When further investigation proved the documents to be 

authentic, it was made clear that we had no choice but to 

overthrow the GO and dismiss everyone who had violated Church 

policy or the law. These activities ultimately led to a 

complete disband of the GO. I gathered a couple of dozen of 

the most proven Church executives from around the world and 

briefed them on the criminal and other unethical conduct of 

the GO. Together, we planned a series of missions to take 

over the GO, investigate it and reform it thoroughly. On July 

13, 1981, a matter of weeks after we had uncovered what was 

going on, and with no advance warning to the GO, a 

coordinated series of CMO missions were sent out concurrently 

to take over the GO. 



32. However, there were a number of obstacles to overcome 

before the termination of the GO could be accomplished. Mary 

Sue Hubbard was still asserting her authority over the GO 

from her position as Controller. Contrary to Young's 

statements, she was not in jail, but was still very much in 

control of the GO. At the same time, Mary Sue Hubbard was 

covertly attempting to expand her power through her 

friendship with and influence over Laurel Sullivan, a Church 

staff member who was in charge of a project she referred to 

as the "MCCS project" -- the purpose of which was to "sort 

out" the corporate structure of Church of Scientology of 

California. 



33. Instead of addressing a sensible reorganization of that 

Church, Sullivan and her GO supporters were making their own 

plans to establish trusts and for-profit entities which would 

have placed even greater corporate control of the Church in 

the hands of Mary Sue Hubbard and other GO executives in a 

fashion that would have assured the permanency of GO 

dominance and power. 



34. Shortly before the purge of the Guardian's Office, I 

discussed with Laurel Sullivan various illicit GO activities 

we had already uncovered. Sullivan was aware of these 

activities. Sullivan did not agree that the acts the GO had 

committed were atrocious and that Mary Sue Hubbard and the 

rest of her criminal group needed to be removed. She insisted 

that Mary Sue Hubbard remain in power and that at all costs 

she and the Guardian's Office should maintain total control 

of the organization regardless of the criminal acts exposed 

by the government and others, in which Sullivan felt the GO 

was completely justified in committing. 



35. Upon learning of Laurel Sullivan's alliance with the GO 

and the plans to reorganize the Church under Mary Sue Hubbard 

and her GO allies, I removed Sullivan from her position and 

disbanded the MCCS project altogether. In fact, recently 

released documents reveal that Laurel Sullivan -- who would 

later become an adverse witness against the church and me -- 

long ago admitted to law enforcement officials that the 

corporate restructuring of the Church actually implemented, 

differed entirely from that envisioned in her MCCS project. 



36. Contrary to Young's claims, Mary Sue Hubbard was removed 

from her post before she went to jail. I know, because I 

personally met with her and obtained her resignation. Vaughn 

Young was not present at that meeting nor was he present at 

any of the events described here. He does not and cannot know 

what occurred. I do. At first, Mary Sue Hubbard was not 

willing to resign. Eventually she did so. Mary Sue Hubbard 

and the GO, however, did not simply capitulate. 



37. Within a day of Mary Sue Hubbard's resignation, senior GO 

officials secretly met with Mary Sue Hubbard and conspired to 

regain control of the GO. Mary Sue Hubbard signed a letter 

revoking her resignation and condemning the actions of the 

CMO. Scores of GO staff responded, locking the missionaires 

out of their premises and were intending to hire armed guards 

to bar access by me and the other Church officials who had 

ousted them. I then confronted the mutineers, and persuaded 

Mary Sue Hubbard to again resign, which ended the last 

vestige of GO resistance. 



38. When it was decided that cleaning up and maintaining the 

Guardian's Office in any form was not workable and that it 

needed to be disbanded altogether, this was accomplished by a 

new series of CMO Int missions sent to GO offices around the 

world. The pattern of the missions was to remove all GO staff 

from their positions and put them on estates work and 

physical labor around the church. Before being disbanded the 

GO's Finance Bureau had monitored some aspects of the 

Church's finances, including the production of and 

maintenance of accounts and financial records. With the 

disbanding of the GO, this function was taken over by the 

International Finance Network, where it remains. Public 

relations activities were put under the direction and 

supervision of the L. Ron Hubbard Personal Public Relations 

Officer International and his staff. All GO social betterment 

functions - drug rehabilitation, criminal rehabilitation and 

educational reform, were taken over by a new organization 

known as Social Coordination. Later this function was assumed 

by Association for Better Living and Education ("ABLE"), 

recognized as a tax-exempt organization by the IRS. To 

administer legal affairs, the Office of Special Affairs 

("OSA") was formed from a mixture of Sea Org staff who had 

been on one or more of the missions that had disbanded the 

GO, new staff recruited to work in the area and some former 

GO staff who had survived investigation and scrutiny and had 

undergone ethics clean-ups relating to their former 

affiliation in the GO. Completely unlike the GO, the Office 

of Special Affairs is not an autonomous group. OSA 

International is part of the Flag Command Bureau and the 

highest OSA management position is that of CO OSA Int. The 

Watchdog Committee has a WDC member, WDC OSA, whose sole job 

is to see that OSA Int effectively performs its functions and 

operates according to Church policy. Local OSA 

representatives, called Directors of Special Affairs, are 

staff at their local church subject to the supervision of the 

church's Executive Council. 



39. To further ensure that the old GO influence was 

completely terminated, all "Guardian Orders," the 

non-standard issues which GO staff followed instead of Mr. 

Hubbard's policies, were canceled. These numbered in the 

thousands. Today, none of the individuals involved in the 

criminal activities of the Guardian's Office are serving on 

the staff of any organization within the Church hierarchy. 

During the years 1981 through 1983, the Church kept a record 

of the names of individuals we found to have been involved in 

illegal activities, who condoned them, or who were in a 

position where they should have known and done something to 

stop them. Any individuals who were found at that time to be 

on staff were dismissed and informed never to apply for 

reemployment. A list of names of ex-GO members either 

involved in, condoning, or being in a position to stop 

criminal acts is maintained by the International Justice 

Chief (IJC) at Flag Bureaux. Church organizations are 

required to check with IJC prior to hiring any ex-Guardian's 

Office staff member; that means anybody who was ever employed 

by the GO, whether he was involved in or cognizant of any 

criminal acts or not. The IJC then checks the names against 

the list of those banned from staff and informs the local 

Church organization whether it can hire the individual or 

not. The Church has thus ensured that no individuals involved 

in the criminal activities of the GO ever serve on staff. 

Ironically, the lone exception, discussed below, was created 

by Vicki Aznaran. 



40. Vaughn Young displays his ignorance of the actual facts 

concerning the dissolution of the GO, for this was no mere 

"cosmetic alteration," as he so ridiculously asserts. In a 

police interview, Laurel Sullivan, the GO ally and architect 

of the stillborn MCCS project, characterized the purge of the 

GO as a "blitzkrieg," in marked contrast to Vaughn Young's 

vastly understated description. It was, in fact, a major, 

dramatic, and permanent overhaul, with over 800 GO staff 

dismissed as unqualified or because of their disagreements 

with Church policies or because of their complicity in 

criminal conduct. It required approximately 50 separate 

missions to purge the GO. The posts of Guardian and 

Controller were abolished. 



41. As a direct result of the GO corruption and its ultimate 

overthrow, the Church embarked on a complete corporate 

reorganization, in part to prevent such criminality from ever 

occurring again and to make sure a "new GO" could never come 

about. This is where CSI and RTC came into existence and the 

reasons for their place in the Church hierarchy are clearly 

stated in the Church of Scientology International reference 

book What is Scientology? 



NOVEMBER 1, 1981 



The Church of Scientology International was founded, 

signaling a new era of Scientology management. A strong 

standardized corporate structure was required to facilitate 

the rapid expansion of Scientology and maintain high ethical 

standards in a widespread international network of churches. 

This followed a series of Sea Org inspections that discovered 

that the Guardian's Office (which had been established in 

1966 to protect the Church from external attacks and care for 

its legal matters) had become entirely autonomous and 

corrupt. The Guardian's Office had been infiltrated by 

individuals antithetical to Scientology and had become an 

organization that operated completely apart from the 

day-to-day activities of the Church. Their secret actions in 

violation of Church policy had resulted in eleven members 

being jailed for obstruction of justice. Sea Organization 

executives overthrew the Guardian's Office and disbanded it. 

Part of the measures taken to ensure a similar situation 

could never recur was the formation of the Religious 

Technology Center on 1 January 1982. L. Ron Hubbard bestowed 

the trademarks of Scientology to RTC, whose purpose is to 

safeguard the proper use of the mars and ensure they remain 

in good hands and are properly used. 



42. Vaughn Young calling the dismantling of the GO "cosmetic" 

is the functional equivalent of someone referring to World 

War II as a "tiff." He wasn't where the dismantling occurred, 

he doesn't know what happened, and he has no clue. 



43. It is important to point out how far from the actual 

practice of Scientology the GO had departed and to point out 

the reason that Young is attempting to trivialize the purge 

of the GO. Unless Young characterizes the GO dismantling as 

"cosmetic," he cannot argue that his allegations of what he 

calls "Fair Game" continued to be committed after the GO was 

eradicated. It is a standard ploy for opposing litigants to 

point to the GO and allege "Fair Game" being practiced today 

on the basis of what the GO did thirteen or more years ago. 

In Young's "Fair Game" accusations, he is merely trying to 

stigmatize the Church today by dredging up the type of 

illicit activity in which the GO indulged and falsely 

ascribing it to the people who are responsible for ridding 

Scientology of the GO. What the GO did in the 1970's was not 

pursuant to "Fair Game." One should call their actions by the 

precise term that describes them: illegal. But which side was 

Vaughn Young on during the early 1980s when all of this 

criminal conduct came to light? I was cleaning out the GO; 

Young was in the GO. We became aware of the acts of the 

Guardian's Office and were more horrified by the GO and its 

crimes than law enforcement officials and others outside the 

Church. Eleven people were indicted by the authorities; we 

discharged 800 GO staff. There isn't one iota of evidence 

concerning my involvement in any GO activities, or that of 

any other current Church executive. None of us had any 

involvement in the GO other than to obliterate it forever. 

Moreover, there isn't one iota of evidence that any current 

Church staff or executive ever engaged in any conduct 

reminiscent of the GO. 



44. Once the Guardian's Office was disbanded there was much 

that needed to be done to deal with the legal and public 

relations matters that had been mishandled by that office for 

so many years. The years of neglect and the GO's destructive 

acts had put the Church in a position where it was repeatedly 

being attacked in civil cases, and even the Founder of the 

religion was being pulled into these suits, despite the fact 

that he had no connection with any of the claims or acts 

alleged by civil litigants. 



FORMULATION OF AUTHOR SERVICES 



45. Mr. Hubbard took no part in the disbanding of the GO or 

removal of Mary Sue Hubbard. In fact, the first he heard of 

it was five months after the initial purge, in July of 1981. 

While he had been out of communication and uninvolved in 

Church activities for the previous two years, he had engaged 

in further researches on Dianetics and Scientology. More 

relevant, however, was that he had also, for the first time 

since the release of Dianetics in 1950, resumed his writing 

of fiction. Mr. Hubbard understood that the representation of 

these works and their publication could not be handled within 

the Church. Accordingly, in 1982, Author Services was formed 

to manage the personal affairs of L. Ron Hubbard including 

his literary, financial and legal matters. As I was held in 

some regard by Mr. Hubbard, I was given the opportunity to be 

part of this new endeavor. Beginning in 1982, I devoted my 

full time and attention to Mr. Hubbard's personal affairs 

from my position as Chief Executive Officer of Author 

Services. Youngs's contention that I was somehow managing all 

Scientology Churches internationally at the same time that I 

was supervising Mr. Hubbard's affairs is preposterous. 



FALSE ALLEGATIONS AS A LITIGATION TACTIC 



46. Since the purge of the GO, I have been repeatedly forced 

to deal with the points of false allegations that Mr. Young 

has made here, as well as other lies circulated by a handful 

of the very individuals I had kicked out. I have become the 

target of attack for the activities of the very individuals I 

purged from the Church. In this litigation, Fishman has made 

numerous allegations about my "involvement" in his criminal 

enterprise. These allegations are not only false, but 

resulted in his criminal conviction. Vaughn and Stacy Young 

have littered the record of this matter further by giving 

"expert" testimony to support Fishman's allegations by 

stating, "they might have occurred" based on the acts of the 

old GO. This is not the first time this tactic has been used 

as a litigation ploy to harass me and divert the Court's 

attention from the actual facts in litigation. Each time 

similar allegations have been raised in the past, however, I 

have been completely vindicated. 



47. The first bizarre episode -- of which Mr. Young is aware, 

but of which he makes no mention -- illustrates Mr. Young's 

knowledge of the tactic of generating false allegations as a 

litigation ploy. This particular episode led to an FBI 

investigation and a bogus lawsuit, but ultimately led to 

complete exoneration of me. Shortly after I became Chief 

Executive Officer of ASI, a call came in to ASI from a New 

England-based bank. The phone caller was calling to verify 

that a check supposedly signed by Mr. Hubbard should be 

cleared. After ascertaining that the check was not valid, I 

stopped payment on it in my capacity as the Chief Executive 

Officer of Mr. Hubbard's personal, business and literary 

agency. The matter of this forged check, however, assumed 

even greater proportions when a so-called "probate" action 

was commenced against the "estate" of L. Ron Hubbard. 



48. The probate action was filed by a Boston-based personal 

injury attorney who induced Ron DeWolfe (L. Ron Hubbard's 

estranged son who had long since been written out of his 

will), to claim that Mr. Hubbard's estate was being looted 

and that DeWolfe should be appointed to "protect it." This 

Boston attorney was the same one who had pending literally 

dozens of damage suits naming Mr. Hubbard and which portrayed 

the Church and the religion's Founder in the most outrageous 

and prejudicial manner imaginable. Yet, suddenly, in the 

probate action, that lawyer was suing to "protect" Mr. 

Hubbard's estate. 



49. To buttress the false claim that Mr. Hubbard's estate was 

being looted, DeWolfe and his lawyer made reference to the 

forged check mentioned above. I had no idea how they were 

aware there had been an attempt to pass a forged check on Mr. 

Hubbard's account. Upon examining the facts we were able to 

develop, we learned that the bank had informed the FBI about 

the forged check, and that the first and only person the FBI 

contacted for information was this same Boston attorney, who 

told the FBI that I, one of Mr. Hubbard's closest and trusted 

friends, was the most likely candidate to have committed the 

forgery! As a result, I became the target of an FBI 

investigation, even though I had been the one who stopped 

payment on it when I was alerted to the check's existence. 

Eventually, the entire probate case was dismissed and I was 

cleared of any involvement with the forgery. Nonetheless, I 

had been unjustly subjected to negative press in all manner 

of media publications literally all over the world. 

Furthermore, this incident of the forged check and the 

probate case marked the emergence of a new litigation tactic, 

one that Vaughn Young and Geertz's counsel are trying to 

exploit here. 



50. Upon the dismissal of the probate action, DeWolfe's 

attorney announced that his "real" purpose in bringing the 

probate action had been to force Mr. Hubbard out of seclusion 

so he could be served in the civil damages cases filed by 

DeWolfe's lawyer. The idea was simple. Aware that Mr. Hubbard 

wanted to maintain his privacy and seclusion, the lawyer 

would notice Mr. Hubbard's deposition as both an individual 

and as a "managing agent" of the Church. Default or 

settlement then would follow a managing agent finding and 

non-appearance. This ploy was particularly effective since 

Mr. Hubbard went completely out of touch with any and all 

Church entities from May of 1984, until he passed away in 

January of 1986. Even if they had so desired, the Church was 

literally incapable of presenting Mr. Hubbard for deposition 

to give testimony to end this ruse. Vaughn Young knew that 

Mr. Hubbard was not in communication with the Church during 

the time that ploy was being pursued. Vaughn Young also knew 

this litigation tactic, and his knowledge of it is evident in 

this case. It is precisely what is happening here, except 

Young's false claims of managing agent of the Church status 

are directed at me. 



51. I am not L. Ron Hubbard, nor am I in seclusion. I am 

visible and I testify. Most of all, as set forth in detail 

above, I am not CSI's managing agent, and Vaughn Young's 

attempt to characterize me as such collapses from the weight 

of his ignorance of the corporate, tax, legal and financial 

structures of RTC, CSI, and every other Church-related 

organization. Ironically, this tired litigation tactic was 

finally put to rest with respect to L. Ron Hubbard hours 

before his death on January 24, 1986, when Judge Mariana R. 

Pfaelzer definitively ruled that L. Ron Hubbard was not the 

managing agent of any church. A copy of that order is annexed 

as Exhibit A. 



52. Next, I was subjected to a two and a half year criminal 

investigation by the Internal Revenue Service. Ironically, 

the very people I had kicked out of the GO exploited the 

government's concern over acts the GO had committed to make 

me the target of an investigation based on the very acts they 

had committed. Of course they didn't make their previous 

associations with the GO known. In fact, the IRS's Criminal 

Investigation Division ("CID") was based on specious 

allegations filed in civil litigation and spread in the 

media. The thrust of the investigation was an alleged 

criminal conspiracy begun in 1966 to impede the Internal 

Revenue Service. I was the primary target of this 

investigation even though I was only six years old when I 

began the "conspiracy." 



53. The CID's massive investigation was ultimately rejected 

outright by the Justice Department. However, the IRS dossier 

on me, an accumulation of over 100,000 pages of documents -- 

the largest in the Service's history -- was filled with 

falsehoods from a handful of bitter former Scientologists and 

ex-GO like Mr. Young. It contained the same allegations that 

have been repeatedly disproved, but which are nevertheless 

being made again in this case. 



54. For example, Mr. Young repeats the allegations made by 

Gerry Armstrong that the Church practices "Fair Game" and 

that Gerry Armstrong was in "fear of his life." To bolster 

the validity of this allegation, Vaughn Young refers to the 

Breckenridge decision. What Mr. Young fails to disclose, 

however, is the fact that following that opinion, Armstrong 

was proven a liar. In a police-sanctioned investigation, 

Gerry Armstrong was captured on video tape acknowledging his 

real motives, namely a plot to overthrow the Church 

leadership and gain control of the Church. On those very 

video tapes, Armstrong acknowledges he not only isn't 

"afraid," but that he "will bring the Church to its knees." 

While plotting his overthrow attempt he gives advice that the 

Church should be accused of various criminal acts. When told 

no evidence exists to support such "charges," he responds, 

"just allege it." It should be noted that while Gerry 

Armstrong had been an "informant" during the IRS criminal 

investigation, based on these tapes and statements, the IRS 

dropped him as a witness, thereby repudiating his 

credibility. Vaughn and Stacy Young were fully aware of these 

facts as Stacy wrote the cover story in Freedom Magazine that 

exposed Armstrong's plot. 



55. The steady barrage of such falsehoods poisoned the IRS 

with respect to the Church generally and me personally. Years 

later, IRS Internal Security agent Keith Kuhn filed a 

declaration in several cases, falsely accusing me of 

threatening another IRS agent with whom I had never spoken in 

my life. That declaration was stricken as unsupported and 

scurrilous, and the IRS was ordered by Judge Keller of this 

Court to pay sanctions for having filed it at all. [Ex. 8, 

Order and transcript, Church of Scientology of California v. 

IRS, No. CV 90-5638 WDK (C.D.Cal.)] 



56. The attempts to harass me in litigation have extended to 

creating not just false allegations, but false documents as 

well. In 1984, a former staff member, who was employed by a 

splinter group that was seeking to pull Scientologists away 

from the Church for the splinter group's profit, created a 

forged document entitled SMASH THE SQUIRRELs which was 

allegedly written by me and which purported to show that I 

intended some form of harassment towards apostates of 

Scientology. One would normally ignore such wild incidents, 

except this document was continuously used against me in 

litigation, most particularly to prevent me from gaining 

access to government files on me. I have had to fight this 

issue for years and only last year was this matter put to 

rest. This document was recently examined in a Freedom of 

Information Act case, Miscavige v. IRS, No. CV 88-7341 TJH 

(C.D.Cal.) by Special Master Jack Tenner, who found that it 

was, in fact, a forgery and could not be used in court. That 

decision was affirmed by Judge Hatter of this Court. [Ex. D, 

Order of Judge Hatter.] Even though this document has been 

ruled to be a forgery, Geertz's attorneys have now referred 

to it and seek to use it in this case as if it were real. 



57. Perhaps the most telling indication that the allegations 

made by Mr. Young and other apostates regarding corporate and 

financial affairs of various Church entities are false, is 

the recent recognition of the tax exempt status of all 

Scientology Churches in the United States by the IRS. This 

recognition of exemption followed the most exhaustive review 

of financial records and corporate structure of any exemption 

application ever filed. That process is described in detail 

in the accompanying declaration of Monique E. Yingling. [Ex. 

C.] As part of the exemption process, the IRS also considered 

and rejected virtually all of the same allegations that are 

now being made against me in this case. These discredited and 

untrue charges should not have to be dealt with time and time 

again. After the most extensive review in IRS history, to 

have uninformed apostates second-guessing the IRS's 

determination, and regurgitating false claims that the IRS 

and Courts have rejected again and again, putting me in the 

position of defending against the same old allegations, is 

ludicrous! This has to end somewhere, as it is not just 

wasting my time, but the Court's time as well. All the while 

further false accusations are made that the Church likes 

litigation. Magistrate Tassopulos stated on January 4, 1994, 

"You know you people enjoy the fight..." To the degree this 

statement is directed at me, she is just wrong. I despise 

litigation and in fact know of no Scientologist who enjoys 

it. However, we have been forced to defend ourselves because 

of unfounded allegations the courts seem too willing to 

accept or which they are incapable of preventing. 



THE YOUNGS' LACK OF KNOWLEDGE OF SCIENTOLOGY CORPORATE 

MATTERS 



58. Putting aside Mr. Young's familiarity with the tactic of 

maligning the Church and me as a litigation weapon, I simply 

do not understand from where Mr. Young purports to derive his 

self-proclaimed "expertise" about Scientology as a religion, 

or about the corporate, legal, or financial affairs of RTC, 

CSI, or any other Scientology organization. I know Mr. Young, 

having worked with him briefly on specific projects in 1981 

and 1983, and once held him in some personal regard. He never 

occupied any position of corporate or ecclesiastical 

authority in any Church or in ASI, and certainly did not have 

any significant personal exposure to how the corporate or 

ecclesiastical structure of Scientology is established or how 

it works. He cannot claim any personal knowledge in that 

regard since July of 1989. At no time did he occupy any 

"inner circle" in Scientology leadership and, in candor, he 

was never in any position to have any knowledge of what I do 

or how I do it. To that I must add that despite his 

outrageous claim to the contrary, I never in my life laid a 

finger on Vaughn Young, let alone beat him unconscious or 

otherwise, as he claims. Indeed, this allegation only 

surfaced once he attempted to enmesh me in this case. It is 

absurd on its face for Mr. Young to have omitted this alleged 

incident from his earlier affidavits which purportedly cited 

the reasons "why he left the church." In my mind, his need to 

invent complete lies such as this reveal that his motives are 

personal, his character is spiteful, his aim is money, and 

his means to those ends know virtually no limits. 



59. Vaughn Young completely misstates my relationship to the 

plaintiff Church of Scientology International. Young claims 

that I somehow direct, manage and control every facet of 

CSI's operations and activities. This also is ludicrous. CSI 

has well over a thousand staff members who deal with 

international promotion and dissemination efforts, evaluate 

situations in Scientology churches around the world, and 

provide plans and programs that give guidance to these 

churches. This is the activity of international and middle 

management of CSI, which has an entirely different purpose 

and sphere of activity than RTC. My job as Chairman of the 

Board involves many functions, but does not include 

management of CSI or any other Scientology church. I do not 

create corporate strategy nor do I direct or manage the 

personnel of CSI. I do not remove CSI's directors or 

officers. I do not run CSI or its executives. Anyone who 

would testify to the contrary is either uninformed or 

untrustworthy. 



60. The Youngs have chosen not only to malign me personally, 

but also to attack the very religious beliefs and practices 

which they once professed to follow. Although the religious 

nature of Scientology has been recognized by courts and 

administrative bodies throughout the world for decades, the 

defendants and their witnesses are attempting to enter the 

constitutionally forbidden area of judicial evaluations of 

religious tenets by placing the meaning and efficacy of 

religious beliefs and practices of Scientology on trial. 

Deliberately distorted interpretations of Scientology 

religious doctrine have been filed in this Court concerning 

Scientology concepts such as PTS Type 3 and Black Dianetics. 

At the same time, defendant Steven Fishman has also invented 

entirely fictitious terms such as "EOC," and claimed that 

they are part of Scientology. They are not. His claim that 

there is anything in the Scientology religion that even 

resembles a directive to commit murder or suicide is as 

outrageous as it is ridiculous. These are all total 

misrepresentations of religious doctrine made by people who 

are not in the least qualified to make doctrinal judgments. I 

can say categorically that "EOC" does not exist in 

Scientology, and the concept ascribes to it in this case by 

the defendants is false and scandalous. 



61. Young tries to gain credibility by stating he was one of 

maybe ten people summoned to Mr. Hubbard's ranch when he 

passed away. He was not the first to be called, but arrived 

with a cook, a carpenter, gardeners, and a guard. More 

importantly, the press on LRH's passing away was not handled 

from the ranch. Vaughn Young was at the ranch to deal with 

any local inquiries and with the neighbors and farmhands who 

had been friends of Mr. Hubbard, and he worked under the 

guidance of another ASI staff member. 



62. Young also mentions Pat Broeker, and attempts to position 

Broeker as someone who had power and legitimacy within the 

Church structure. Young, who never held a senior management 

position during the entirety of his time in the Church, 

falsely claims that there was a power struggle between 

Broeker and me after the death of L. Ron Hubbard. This 

assertion demonstrates Young's lack of knowledge of the 

actual corporate structure of the Church. Pat Broeker was 

neither an officer nor a director nor a trustee of Religious 

Technology Center, CSI or any other Church corporation. It 

was only an ignorant and destructive few, such as Vaughn 

Young and Vicki Aznaran, who ever believed or supported 

Broeker's claims to authority. No removal of Pat Broeker 

occurred or was necessary. He simply did not hold any 

position in any Church corporation. Vicki Aznaran, on the 

other hand, was removed from her position as President and 

Inspector General of RTC. She herself has testified to the 

reasons for her removal -- employing an ex-GO staff member 

involved in criminal acts and allowing false Church 

scriptures to be presented as authentic writings of Mr. 

Hubbard, when she knew they were not. 



63. All of the foregoing should be viewed in the context of 

Scientology being a new, evolving religion. Although 

unfortunate, all emerging religions in history have gone 

through a period of turmoil, especially following the death 

of its Founder. Scientology is no exception. However, we have 

entered into an extended period of calm and expansion since 

these upheavals in the 1980s. The resolution of the 

long-standing conflict with the IRS is perhaps the best 

indicator of this 



"OF AND CONCERNING" CSI 



64. The only issue mentioned by the defendants in connection 

with taking my deposition which is even arguably relevant to 

this case is the so-called "of and concerning" issue. That 

can be disposed of in a few sentences. When a person makes a 

statement about "Scientology" or the "Church of Scientology," 

the most reasonable conclusion is that the reference is to 

CSI. CSI is the Church corporation that is viewed as 

"Scientology" by the public at large. Major Scientology 

publications found in public bookstores regularly contain 

introductory remarks from CSI. For example, the book What is 

Scientology?, which has just recently been distributed in 

paperback around the country, has an introduction from CSI. 

Freedom Magazine, which Stacy Young tried to sever from the 

Church, proudly states that it is published by CSI. Likewise, 

when a Scientology spokesman is wanted by the media for 

virtually anything about "Scientology" or the "Church," they 

routinely contact CSI. When the IRS recognized CSI as tax 

exempt and established a group exemption so that new churches 

could immediately become tax exempt on the authority of the 

Mother Church, it was CSI to whom the group exemption 

authority was given. It certainly is reasonable for the 

public to understand statements about "Scientology" and the 

"Church" as referring to CSI. 



CONCLUSION 



65. The thrust of the declarations filed by Vaughn and Stacy 

Young is that the allegations made by Fishman should be 

believed. This is remarkable in itself since the Youngs have 

apparently never met him and never knew him. They appear 

completely willing to accept this convicted felon at face 

value, although he served a prison sentence for obstructing 

an FBI investigation of his financial scam, by telling the 

same lies about the Church that he is telling this Court. The 

Youngs devote pages to descriptions of a "Fair Game" policy 

that no longer exists. Yet they are silent as to their own 

experiences between the time they left the Church in 1989 and 

the time they began their careers as paid for hire witnesses. 

What did happen after they left the Church? There was no 

harassment. They were free to leave, which they did. We got 

on with our lives and paid them no attention. Now, nearly 

five years later, they have resurfaced, making outrageous 

accusations and participating in an effort to resurrect in 

this case the tactics of the GO of which Vaughn Young was 

once a part. The conclusion that necessarily flows from those 

facts is that the only reason that the Youngs feel safe 

enough to make their outrageously false allegations of bad 

conduct and harassment against the Church and me is because 

they know there will be no "Fair Game" retaliation, thanks to 

my kicking out the GO and putting a permanent end to their 

abuses. 



66. Since 1981, I have heard this allegation of Fair Game 

literally thousands of times. Yet, I had never even heard the 

term until I saw it used in civil litigation, and to this day 

have never once heard the term used within the Church. Nor 

have I ever heard, even from civil litigants anything 

actually done to them. Its use is strictly as a smear tactic 

when one has no act to point to. Vaughn and Stacy Young know 

the trick and since they know the truth about the use of this 

tactic against Scientology, I find their declarations 

particularly disingenuous. 



67. The foregoing represents what testimony I believe I had 

to give in this case had Geertz's counsel not refused to take 

the deposition of me that he persuaded the Magistrate Judge 

to order. The essence of the matter is this -- I do not know 

Fishman and I do not know Geertz, and as to my knowledge of 

either of them, either before or after the Time magazine 

article, it is nil. Having no basis to seek my testimony in 

this case, Geertz's counsel resurrected the same tactics that 

adversaries have employed for years in litigation involving 

the Church, namely the employment of hired guns like Vaughn 

and Stacy Young, to make allegations about matters of which 

they know nothing. Unlike the Youngs, I know the facts about 

the matters they address. Unlike the Youngs, I was there. 

Their self-proclaimed and completely non-existent "expertise" 

is a disingenuous litigation tactic in pursuit of harassment, 

and that "expertise" is shown to be fiction crafted for hire 

and evidence of nothing. The GO was disbanded with finality 

and the criminals within were forever banished. The IRS 

attacks were brought to a conclusion with finality. I did 

those things; the Youngs did not. I know those facts; the 

Youngs do not. The Youngs present nothing but dusted-off, 

discredited allegations that cannot withstand scrutiny. I 

have provided the Court with an accurate, first-hand account 

of the facts.I declare under penalty of perjury under the 

laws of the united States of America that the foregoing is 

true and correct.



Executed this [illegible, eighth?] day of 

February 1994, at Riverside County, California 



_______________



DAVID MISCAVIGE