||||| From: nobody Newsgroups: alt.religion.scientology Subject: Wollersheim v Scientology Date: 29 Mar 2002 21:58:46 -0800 Organization: Newsguy News Service [http://newsguy.com] Lines: 1900 Message-ID: NNTP-Posting-Host: p-713.newsdawg.com X-Newsreader: Direct Read News 2.91 Path: news2.lightlink.com!news.lightlink.com!gail.ripco.com!newspeer2.tds.net!newspeer.radix.net!skynet.be!skynet.be!proxad.net!opentransit.net!pln-w!spln!dex!extra.newsguy.com!newsp.newsguy.com!drn Xref: news2.lightlink.com alt.religion.scientology:1448794 ------------------------------------------------------------------- F.A.C.T.Net, Inc. (Fight Against Coercive Tactics Network, Incorporated) a non-profit computer bulletin board and electronic library 601 16th St. #C-217 Golden, Colorado 80401 USA BBS 303 530-1942 FAX 303 530-2950 Office 303 473-0111 This document is part of an electronic lending library and preservational electronic archive. F.A.C.T.Net does not sell documents, it only lends them according to the terms of your library cardholder agreement with F.A.C.T.Net, Inc. ===================================================================== \4-7-90.*\Page.00001 No. 89-1367 IN THE Supreme Court of the United States OCTOBER TERM, 1989 LARRY WOLLERSHEIM, Petitioner, VS. CHURCH OF SCIENTOLOGY OF CALIFORNIA, Respondent. Reply to Brief in Opposition to Petition for a Writ of Certiorari to the Court of Appeals of the State of California, Second Appellate District Lawrence D. Wollersheim P.O. Box 10910 Aspen, CO 81612 (303) 925-06~6 Eric M. Lieberman Rabinowitz. Boudin. Standard, Krinsky & Lieberman. P.C. 7-10 Broadway - Fifth Floor New York, New York 10003 (212) 254-1111 \4-7-90.*\Page.00002 Table of Contents 1 Table of Contents..........,,,~~~~~~~~ i Table of Authorities.........,,,, ii-iii Petitioner's Reply to Brief in Opposition..................~~~~~ 1 Scientology Can Not Logically be a Religion............. 3 Conclusion.............,,,,,,~~~~~~~~ 1B Appendix A A Historical Overview of the Extraordinary Nature of Scientology and its Alter Ego Dianetics....... A-F Appendix B New Financial Information not Available at Time of Previous Filing.....................,,,,~~~ G-H Appendix C A Technical Overview of Cumulative Programs of Coercion.....,........ I-Y For Parties, Statement of Case, Opin- ions Below, and Jurisdiction, See Wollersheim v. Church of Scientoloqy of California (89-1367) U.S. ~etition for Writ of Certiorati. \4-7-90.*\Page.00003 Table of Authorities Church of Scientolosy of California v. Cazares, 638 F.2d 1272 (4th Cir. 1981)..................... 5 Church of Scientology of California V. Commissioner of Internal Revenue 1 823 F.2d (9th Cir. 1987), cert. denied, 486 U.S. , 188 S.Ct. 1752 (1988)......................... H Florida Bar v. Vannier, 498 So.2d 896 (Florida 1986)........ 5 Foundinq Church of Scientolosy V. U·S., 412 F.2d 1193 (1969)..... 8,H Founding Church of Scientolosy v. Webster, 8B2 F.2d 1448 (D.C. Cir. 1986), cert. denied, 484 U.S. 871 (1987)..,,................. A Hernandez v. Commissioner of Internal Revenue, U.S. , 1B9 S.Ct. 2136, 2142 n.4 (1989)............. B,H Peoole v. Woody, 61 Cal.2d 716 (1964)................ 6 United States v. Heldt, 668 F.2d D.C. Cir. (1981)....... 4,5,6 United States v. Lee, 455 U.S. 252, (1982)................ V United States v. Seeser 38B U.S. 163 (1964)................. 2 \4-7-90.*\Page.00004 Vannier v. Superior Court of Los Anqeles County, 32 Cal.3d 163 (1982)................ 5 Wollersheim v. Church of Scientoloqy of California, No. 89-1367 (U.S., filed Feb. 23, 199B). l,9,N,W,Y Other Authorities: "Coercive Persuasion" Norton 1961 E.H. Scheim..............,.......... K "Thought Reform and the . Psychology of Totalism" NoLton 1961 R.3. Lifton............. K "Thought reform programs and the production of psychiatric casualties" Psychiatric Annuals 2B, April 199B Dr. M.T. Singer and R. Ofshe........ I U·S· House of Representatives staff report the assassination of Leo J. Ryan and the Jamestown Guyana tragedy (1979)............... W \4-7-90.*\Page.00005 1 PETITIONER'S REPLY TO BRIEF IN OPPOSITION Many of the points first raised in the respondent's brief in opposition indirectly lend validity to the constitutional paradox presented in the Wollersheim question and petition. Wollersheim will attempt to respond to the most important points, specifi- cally the lack of clear and certain jury and court, standards, procedures, and precedents and for de-certffying and 1 dis-establishing a counterfeit religion. Specifically, due to the tremendous broadness of the current definition of religion and religious beliefs, a legal pathway to controvert the asserted form declarations of those seeking es- tablishment or desiring to maintain ~establishment~ is unclear. How does one controvert another's po- tentially "counterfeit" religious be- liefs, in that they are used as the le- gal basis and substance for gaining or maintaining establishment 3 Paradoxi- cally, the threshold sincerity test's technological "flaw" and the broadness of current definitions for religion and religious practice realfstfcly made it impossible for Wollersheim, at lower court levels, to present, argue, and re- solve the constitutional paradoxes men- tioned herein and in his petition. 1 1 See Appendix C pages J, K. Also see Wollershelm v. Church of Scientology of California 89-1367 199B (Pet. at 11, 12, \4-7-90.*\Page.00006 2 "A religious belief need not be grounded in faith in a Supreme Being, nor in religious practices followed by more widely known churches of religion." "A set of beliefs are deemed reli- gious if they occupy a place in the life of the possessor parallel to that filled by the belief in God, if they address questions of fundamental or ultimate concern, or if they relate to man's place on earth or in the universe so that they play as central a role in an adherent's life as does the belief in God in more widely known religions" (U.S. vs. Seeqer 3BB U.S. 163 [1965] (R.T. 14y 364). What is constitutionally unclear as a standard, logically implied, but not specifically stated, is that, paradoxi- cally, in spite of any self-made "form" declarations there are certain dangerous 1 ACTIO~S that canc1usive1y demonstrate the organization can not be OPERATIWG as a bonafide religion. As examples: an organization with a history of repeated crimfnal and civil offenses that are a serious threat to public safety, peace and order; an organfzation that con- tinually uses tactics antithetical to the U.S. constitution; and the founda- tions of free religious choice, such as using coercive persuasion or thaught re- form as their focal and central practice to obtain new membership, to ma intain and control existing membership, and to gain "UNDUE INFLUENCE" ovcr membership finances; and finally, organizations that cloak themselvcs with a counttrfeit religious front to assist in establish- ing an independent political \4-7-90.*\Page.00007 3 sovereignty. These before-mentioned en- dangering secular activities should sig- nal dis-establishment is logical. This very reasonable protection for the First Amendment sanctuary could oc- cur if the legal standard and definition of religion upon which federal and state courts rely was not uncertain and un- clear in the area of congruence of stated intentions and form declarations with deeds and actions. Further need for clarity in the dis- establishment procedure is seen in the unfortunate additional paradox that cur- rent, incident-by-incident, tort law remedies for religious wrong-doing seems only to serve their corrective purpose on the bonafidt religions. "Counterfeit" religions presently en- joying unfairly gained protections and financial advantages of the First Amend- ment seem to just write off tort-by-tort hand slaps as a very cheap price to kee P their special ill-gotten "edge" and to keep "doing business as usual". They also know full well, because of certain legal paradoxes, no one has ever been COMP~BTELY dis-established as a religion because no clear legal remedy or prece- dent exists for this very narrow but vi- tally important area of the constitu- tional law. SCIENTOLOGY CANNOT LOGICALLY BE A RELIGION The respondent correctly states the Court of Appeal at the law and motion stage summarily adjudicated Scientology \4-7-90.*\Page.00008 4 to be a religion. Wollersheim opposed the requested adjudication at the law and motion stage and contested the pro- priety of that adjudication in his re- spondent's brief on appeal. Wollersheim's opposition consisted, inter alia, of the depositions of Eddie Walters, a former member of Scientol- ogy's notorious Guardian Office (See United States vs. Heldt, 668 F.2d 1238 [D.C. Cir. 1981l) and Homer Schomer, a former high-ranking Scientology offi- cial, wherein they described that the religious image was recognized through- out Scientology as merely a hollow front. This testimony disclosed that "religion" played no part in peti- tioner's conduct as alleged t in the Com- plaint, and that the conduct alleged in Wo1lersheim's complaint was STANDARD policy of petitioner throughout the 1970s. This testimony also disclosed that pe- titioner's hierarchy concocted a "religious" front for financial, legal, and public relation (PR) reasons. This "front" would be used as a safepoint to obtain favorable tax status, and to pre- sent a favorable "PR image " to the courts, the public, and the media when- ever Scientalogy was criticized or sued for its conduct. The deposition testimony disclosed that Scientology was not presented to the street public nor to its staff or members as a but only to the legal system or as a PR front. \4-7-90.*\Page.00009 5 The evtdentiary exhibits consisting, inter alia, of petitioner's "policy let- ters", which also disclosed that peti- tioner fabricated "religious" trappings solely for appearances and the notions of "religion" or "religious belief", were non-existent in petitioner's actual conduct and operations. Wollersheim's opposition also in- cluded the 282-page Stipulation of Evi- dence executed by the individuals com- prising Scientology's upper le ve 1 ma n- agement in connection with the federal prasecution of those individuals as chronicled in U.S. vs. Heldt, 668 F.2d 1238 (D.C. Cir. 1981). For other Scientology criminal and il- legal conduct also see Vannier vs. Suoe- rior Court of Los Anqeles Countv. 3 2 Cal.3d 163 (1982): Florida Bar vs. Van- nier, 498 So.2d 896 IFlorida 1986]; Church of Scientology Cazares, 638 F.2d 1 L 1981l).2 Wollersheim respectfully submits that any court rulings in his case that state Scientology is a religion are in error and, in any event, were contradicted by the entirety of Wollersheim's evidence at trial, which included not only exten- sive oral testimony but also a number of Scientology's own documents establishing that Scientology was presented inter- nally as an empirically proven science 2 For a better understanding of these "religious" contradictions see Appendix A at pages A-F regarding the "inner" se- cret Scientolagy. \4-7-90.*\Page.00010 6 and/or as a modality of treatment for physical, mental or emotional problems. As stated from their own documents plaintiff's exhibit #3B, Hubbard In- formation Letter of 12 ~pril 1961 and revised edition 14 April 1961, "P.E. Handout", "Scientology [auditing] is to- day the only validated psychotherapy in the world...Scientology is a precision science. Scientology is the first preci- sion science in the field of humani- ties...The first science to put the cost of psychotherapy within the range of any persons pocketbook...The first science to contain an exact technology to rou- tinely alleviate physical illness with predictable success". This unaltered original 4 page document is an amazing contradiction to Scientology's "outer" public position. As stated in plaintiffs exhibit No. 269 HCOPL 29 Oct 1962 'Religion(i, "Scientology 197B is being planned on a religious organization basis throughout the world. This will not upset in any way the usual activities of any organi- zation· It is entirely a matter for ac- countants and solicitors". ~s proven by its own public and staff documents introduced in evidence at trial, Scientology is not a religion but is instead the antithesis of a religion, a group that attempts to cloak its ille- gal, harmful anti-social conduct with the pr o t e c t i ve ma nt le of a religion (Peo~le vs. Woody, 61 Cal.2d 716 ~t~4_L). As aptly stated by the Court in U.S. V9, Heldt, 668 F.2d 1238 !D.C. Cir. 19B11, "freedom of religion is not en- \4-7-90.*\Page.00011 7 dangered but encouraged when criminal conspiracies are suppressed that attempt ta hide behind religion" (U.S. vs. Heldt. Wollersheim's cause of action for in- tentional infliction of emotional dis- tress alleged, and his evidence in sup- port thereof, proved that there was nothing genuinely religious in content, substance, setting, context ar overlay in any of Scientology's conduct and ac- tions toward him. Scientology contended to the direct opposite, but its con- tentions and evidence were rejected by the UNANIMOUS jury verdict in Wo 1ler- sheim's favor. Therefore, there is, in addition to Wollersheim's pending peti- tion requesting Scientology be dis-es- tablfshed as a counterfeit, no basis ln evidence or necessity in law to use his case indirectly as a case that through the lower Court of Appeal decision au- thoritatively decides that Scientology is a religion and that auditing is [maybe ] a religious practice, especially since his evidence demonstrated the di- rect opposite. Wollersheim respectfully submits that not only is Scientology not a religion but those particular Court of Appeal decisions are erroneous and should be carefully considered in the ultimate acceptance or rejection of his pending petition for Writ of Certiorari IU.s. 89-1367). Scientology's coercive tactics and abuse of the First Amendment sanctu- ary is an issue with profound conse- quences and far-flung ramifications as \4-7-90.*\Page.00012 8 even a cursory review of Scientology litigation discloses. 3 Here Wollersheim additionally refers to the long, seemingly endless list of cases wherein Scientology and/or members thereof, raised either, or both, the claim that Scientology is a religion and/or that auditing is a religious practice. The cases start with Foundin~ Church of Scientolosy vs. U.S., 412 F.2d 1197 91B69) and culminate with the re- cent decision of the U.S. Supreme Court in Hernandez vs. Co mm issioner of Inter- nal Revenue, 189 S.Ct 2136 ri~~s~ In none of the over one hundred such cases did the court AUTHORITATIVELY decide that Scientology is a religion or that auditing is a religious practice WHEN EITHER OR BOTH OF THOSE CONTENTIONS WAS SERIOUSLY CONTESTED. 4 Wollersheim respectfully submits that herein, the Court of Appeal decision found that there was substantial evi- dence supporting his contention that Scientology's auditing of him was co- erced and not descrving of religious 3 See Appendix A at pages E, F "Targets" discovered in authorized F.8.I. search. 4 State and federal courts are nat in agreement on the issue of Scientology's status. Part of the reason for it is it has been tremendously difficult for pre- vious courts or government agencies to make sense of the many illogical contra- dictions surrounding Scientology. See Appendix A at pages A-F for a historical overview. \4-7-90.*\Page.00013 frccdom immunity 5 under the facts dis- closed in the evidence. As suchy beyond the fssues raised in his pending Writ of Certiorari before the court, and the r e c omme nd ed denial of Scientology' s pending Writ of Certiorari, AT THE LEILST his case should not stand as an authoritative decision that Scientology has so actively sought in 2B years of extensive litigation throughout the country. This is not to say that decer- tifying the Court of Appeal decision provfdes the solution, but the issue does merit an authoritative decision that hopefully will decide the ma tter once and for all. However, under his ev- idence and theory of the case he is en- titled to finally have AT LBAST an au- thoritative dccision that Scientology as proven by his evidence is not a religion and that auditing as oroven by his evi- dence is not a religious practice. 6 In closing, the unresolved constitu- tional question presented by Woller- sheim's petition surrounding dis-estab- lishment procedures stopped Wollersheim from entering key evidences. 7 5 Auditing was the key and central ele- ment in Scientology's comprehensive pro- gram of coercion toward Wollersheim. Ap- pendix C contains a clarifying overview of the technical principles of such a coercive program and some examples of how they were applied to "persuade" Wollersheim. 6 See Wollersheim v. Church of Scientol- osy of California U.S. (89-1367) Pet. at 22. 7 Evidence such as the upper level mate- rials that demonstrate Scientology is \4-7-90.*\Page.00014 1B If these paradoxes could have been re- solved at lower court levels, and/or without Scientology appealing every lower court decision up to the U.S. Supreme Court and Scientology had been found NOT to be a religion, how much more reprehensible and worthy of pun- ishment would their abuse of the First Amendment sanctuary and their pyscholog- ical abuse of young adults have been to the appellate justicesl 7 This case raises many federal ques- tions surrounding the central paradox of lack of clear constitutional remedy for the dis-establishment of a counterfeit religion once established. Since Scientology's 4B year history and ACTIONS represent the best example of the worst example of First Amendment sanctuary abuse, they present an ideal first case candidate for dis-es- tablishment. 4-7-9B CONCLUSION I respectfully ask that the petition (No. 89-1367) be granted. Respectfully Submitted, Lawrence D. Wollersheim. P.O. Box 1B91B, Aspen, CO 81612 (3B3)925-8646 - Pro Se Counsel for Respondent Eric M. Lieberman Rabinowitz, Boudin, Standarh, Krinsky b Lieberman, P.C. 748 Broadway - Fifth Floor New York, New York 1BBB3 (212)254-1111 the antithesis of religion and a chill- ingly accurate example of the historic model in Appendix A at pages A-D. \4-7-90.*\Page.00015 APPENDIX \4-7-90.*\Page.00016 A APPENDIX A A HISTORICAL OVERVIEV OF THE EXTRAORDINARY NATURE OF SCIENTOLOGY AnD ITS ALTER 6GO DIANETICS 1 In Foundinq Church of Sclentoloqy v. Webster (D.C. Cir. 1986), 8B2 F.2d. 1448, 1451 (1948) ["whether Scientology is a religious organization, a for- profit private enterprise, or something far more extraordinary Cisl an intrigu ing question..."].) 8ut what is most extraordinary and intriguing about Scientology, is that there are two separate and distinct Sci- entology's, an inner and secret Scien- tology of "substance" and outer Scien- tology of "front" and "form". 2 This split "personality" is consistent with both the court room evaluation of its creator (L. Ron Hubbard) and the concept of the inner and outer circle common to the organizational structures of past secret societies and secret brother- hoods. The contradictions between Sci- entology's history of often detestable behavior and its fervent claims to "religious" exemption will be easier to understand when viewed from the his- 1 Dianetics is the basic text of Scien- tology. 2 Secret societies are infamous for set- ting up and disbanding front groups only to later set up the same activity in an- othe~ new front group. The outer "form' may change but the "inner secret direc- tives" usually stay the same. \4-7-90.*\Page.00017 B torically appropriate inner "substance", outer "form" secret society perspective. The inner Scientology can be best thought of as a non-religious occult, secret society, or secret brotherhood. The inner Scientology is complete with its own special mystical cosmology and elitist initiations into its exclusive 3 "secrets". The inner Scientology can be better understood by studying the many, similarities 4 of cosmology, policies, and practices of earlier occult, secret societies, and brotherhoods. For exam- ple, the O.T.O., an esoteric satanic brotherhood, 5 Madam Blavatsky's "secret doctrine", the Golden Dawn Society (an EngLish secrct brotherhood), the Thule and Virl societies, (two german secret societies in which ma ny of the Nazi leaders of WWII were members), and fi- nally the Hashish Assassins (a secret society so powerful it held a key role in the palitical power balance of the mideast for almost 6BB years), are all excellent organizations for studying se- cret saciety cosmology, policy, prac- tices, and new member indoctrination to 3 Scientology has tried to prevent any disclosure of its inner nature and their "secret" knowledge by using U.S. trade secret laws and attempting to get all of its materials copyrighted~ 4 A great portion of Scientology's se- crets are hardly ariginal. They are usu- ally a rehash of the "secrets" of ear- lfer secret societies and brotherhoods with a small dash of "creativity". 5 L. Ron Hubbard was actually involved in this group just prior to his creation of Scientology. \4-7-90.*\Page.00018 C better understand the similarities found in the inner Scientology. Some common elements to these previ- ous societies are the use of trance and - hypnosis to build blind obedience, magic, non-cartesian logic systems, and "secret" initiatory exercises designed to develop, in part, a ruthless, often unfeeling fanatical will to execute the secret societies' hidden inner goals. 6 The world view of these secret soci- eties was often that of a special elitism. "Their" secret sociey was "chosen" to play critical, often hidden roles in current and future world e ve nts , i.e. the superman of the Nazis, or the Sea Org and the supposedly dis- banded ? "Guardians" of Scientology. Most of these societies had a UFO or extra-terrestrial type cosmology con- firming and/or bestowing upon them their world historic destinies and imbuing them with their "privileged" special se- cret knowledge. The goals of these se- cret brotherhoods were primarily con- cerned with political power or com- mercial power as a taal to get or main- tain political power. Psychological and/or physical terrorism were cammon to their inner policies. A good physical terrorism e xa mp 1 e wa s the S . S . , a 6 Hubbard st udied in detail brainwash- ing, hypnotism, magic, and many of the current tactical elements of what is now called coercive persuasion. 7 See footnote 2. \4-7-90.*\Page.00019 D dreaded division of the Nazi movement 8, or, on the psychological side, the exam- ple of the Guardians and Guardians of- fice of Scientology. The inner circles of these type of brotherhoods traditionally control the outer circles with lies, deception, or, if necessary, blackmail, and utilize or sacrifice the ignorant outer cizcle mem- bers as tools or deployable agents, i.e. the famous hashish assasins who would sacrifice their lives on command. On the other side of the Scientology dichotomy, the outer Scientology is meant to APPEAR to be a reasonable "new age" mix of pop psychology, Buddhism, Hinduism, and traditional but strained religious terminology and trappings. These non-substance "form" elements are cleverly intended to cloak and reli- g i ous 1 y i mmu n i t i z ethe dangerous a nd highly profitable psuedo-scientific psy- cho therapy they call auditing ~. Audit- ing in esse nce, is a manufacturing sys- tem using trance induction and hypnosis to effect the gradual conversion of the 8 Many historians consider the S.S. as containing part of a secret brotherhood within the 3rd Riech. It had secret initiations, occult mythologies, an in- ner and outer. circle. 9 Reports of nuerosis, psychosis, at- tempted suicide, and alleged suicides related to auditing's dangerous effects are common knowledge but surpressed by fear among former members. (See Appendix C pages v, w). \4-7-90.*\Page.00020 E novice outer circle members 1B into fanatical, undoubting, unquestioning in ner circle members, 11 In Scientology's case this outer, skillfully created counterfeit religious image cloaks its real political and com- mercial goals and affords it the special protective sanctuary and immunities of the U , S , First Ame nd me n t , The inner Scientology's successful transmutation of the First Amendment religious SANC- TURAY into a political and co mme rcial 'FORTR999 AWD kSSAULT VEHICLE' would be quite impossible to ma intain if they were simply seen from the intentions, policies, and actions held and executed on its inner level, From a secret document siezed in the authorized search on the "church" of Scientology, one sees the inner Scientology's real future goals, "The vital targets on which we must invest most of our time are: (T1) Depop- ularizing the enemy to a point of total obliteration, (T2) Taking over the con- trol or allegiance of the heads of pro- pLieto~s of all news media, (T3) Taking over the control or allegiance of key 3 l8 Many predecessor tactics to coercive persuasion and thought reform can be found in the psychological and social methodologies of these fanatic-producing secret brotherhoods, 11 For a complete technical description of how Scientology achieved this with Wollersheim see Appendix C, "A Technical Overview of a Cumulative Program of Coercion", \4-7-90.*\Page.00021 F political ffgures. (T4) Taking over the control or allegiance of those who moni- tor internatioanl finance and shiftin Q them to a loss precarious finance stan- dard." (From the document headed "Targets" FBI authorized search docu- ments). \4-7-90.*\Page.00022 AP P6NDIX B NBW FINANCIAL INFORnATION NOT AVAILABLE AT TIHE OF PREVIOUS FILING The Church of Scientology, at the time of the Wollersheim trial in 1986, claimed a 16 million dollar net worth. Wollersheim entered evidence at trial that showed that Scientology had trans- ferred approximately 9B$ ~ of the income producing assets out of the corporation from 19BB-19B6, some 25B million - 3BB million dollars (R.T. 143B4-14~13, 14316-14~22, 14323). Although the appeal court in California found no merit in any of Scientology's contentions of er- rar, it nonetheless lowered Woller- sheim's punitive damages based in sig- nificant part on accepting the 16 mil- lion dollar net worth which both the jury and trial judge rejected. In Pinnellas County Florida, a recent I.R.S.'s challenge has forced the Church headquarters there to reveal PORTIONS of its operating and expense budgets 1. 19B7 is the last year to date for which the Scientologists have provided fig ures. In a pool of reserve accounts 2 in 1987, the church showed 2B6 million dol- lars in assets and 163.6 millian dollars in liabilities. These total asset and liability figures are also reasonably 1 St. Petersburg Times Feb 4, 199B p. la "Scientologists, IRS dispute over mil- lions." 2 Key organizations in these pool ac- counts are organizations transferred out of Church of Scientology of California DURInO Wollersheim's trial. \4-7-90.*\Page.00023 H suspect due to Scientology's proven long history of practices such as the estab- lishment of a sham corporation for asset shielding, foreign secret bank account transfers, L. Ron Hubbard's billing an 85 million dollar liability to Scientol- ogy for royalties on a E meter device he did not even invent, and diversion of profits to private individuals. 3 These figures must additionally remain in fur- ther doubt in light of the internal pol- icy and training exercises discoverd by the FBI on its authorized search of Sci- entology's headquarters. In the siezed "Training Routine Ly- ing, (TRL)" document, Scientology mem- bers are taught and drilled AS A POLICY how to lie effectively to courts, media, and government officials (this was a plaintiffs exhibit entered at trial but later denied to the jury). 3 Some of which were contained in Church of Scientaloqy of California v. Commis- sione~ of Internal Revenue, B23 F.2d (9th Cir. 1987), cert. denied, 486 U.S. 188 S. Ct. 1752 (1988). See also Hernandez v. Co mm issioner of Inter na 1 Revenue, U.S. , 1B9 S. Ct. 2136, 2142 n. Foundinq Church of Scientoloqy v. U.S. No. 226-61 (1969). \4-7-90.*\Page.00024 APPENDIX C A TECHNICAL OVERVIBW OF CUHULATIVE PROGRAnS OF COBRCION 1 Coercion is defined as, "to restrain or constrain by force..." Legally it of- ten implies the use of PHYS~CAL FORCE or physical or legal threat. This tradi- tional concept of coercion is far better understood than the technological con- cepts of "coercive persuasion" which are effective restraining, impairing, or compelling through the gradual applica- tion of PSYCHOLOGICAL FORCES. A coercive persuasion program is a behavioral change technology applied to cause the "learning" and "adoption" of a set of behaviors or an ideology under certain conditions. It is distinguished from other forms of benign social learn- ing or peaceful persuasion by the condi- tions under which it is conducted and by the techniques of environmental and interpersonal manipulation employed to surpress particular behaviors and to train others. Over time, coercive persuasion, a psychological force akin in some ways to our legal concepts af undue influence, can be even MORE effective than pain, 1 Technical aspects of this appendix are derived in part from "Thought reform programs and the production of psychi- atric casualties" Psychiatric Annuals 28, April 199B by Dr. Margaret Thaler Singer Ph.D and Richard Ofshe Ph.D. This study was not available at the time of earlier filings. \4-7-90.*\Page.00025 J torture, drugs, and use of physical force and legal threats. The Korean war "manchurian candidate" misconception of the necessary use of suggestibility-increasing drugs, and/or the use of physical pain and torture ei- ther separately or together to effect thought reform are generally associated with the old concepts and models of brainwashing. Their presence is not a part of, or necessary for a coercive persuasion program to be effective. With drugs, physical pain, torture, or even coercive threat, you CAN often temporarily make s ome one do s ome t h i ng against their wi 11. You can even ma ke them do something they hate or they re- ally did not like or want to do at the time. Thcy do it, but their attitude was not changed. This is much different and far less devasting than that which you are able to achieve with the improvements of caercfve persuasion. With coercive persuasion you can change a person's at- titude 2 without their knowledge and vo- 2 Changing "attitude" would also include the attitudes and "appearances" of sincerity and the "appearances" of enthusiastic commit tment . As one can imagine, coercive persuasion applied to building "sincerity" in a "religious" context wreaks havok with, and creates many paradoxes surro unding the nor ma 1 First ~Lme ndme nt Co n s t i t u t i o na 1 guide- lines for religion and religious be- liefs, i.e. the validity of the threshold sincerity test. \4-7-90.*\Page.00026 K lition. You can create new "attitudes" where they will do things willingly which they formerly may have detested, things which previously only torture, physical pain, or drugs could have co- erced them to do. The advances in the extreme anxiety and emotional stress production tech- nologies found in coercive persuasion supercede old style coercion that fo- cuses on pain, torture, drugs, or threat in that these older systems do not change attitude so that subjects follow orders "willingly". Coercive persuasion changes both attitude AND behavior not JUST behavior. TH6 PURPOSBS AND TACTICS OF COBRCIVE PERSUASION Coercive persuasion 3 or thought re- form 4 as it is sometimes kno wn, are best understood as a coordinated tech- nology of graduated 5 coercive influence and behavior control designed to decep- 3 E.H. Scheim introduced the term coer- cive persuasion to the psychiatric lit- erature in "Coercive Persuasion" Norton 1961. 9 R.J. Lifton introduced the term thouqht reform to the psychiatric liter- ature in "Thought Reform and the Psy- chology of Totalism" Norton 1961. 5 "The subject is forced to adopt in a series of steps each SUFFICIEnTLY nInOR so that the subject does not notice change in them and does not become aware of the goals of the program until late in the process (if ever)." See footnote 2 supra. \4-7-90.*\Page.00027 L tively and surreptitiously 6 manipulate and influence ~ndividuals, usually, in a group setting, in order for the origina- tors of the program to profit in some way, normally financially or politi- cally. The essential strategy used by those operatlng such programs is to systemati- cally select, sequtnce and coordinate numerous coercive pers uasion tactics over CONTINUOUS PERIODS OF TIME. There are seven main tactics types found in various combinations in a coer- cive persuasion program. A specific co- ercive persuasion program can still be quite effective without the presence of ALL seven of these tactic types. TACTIC 1. Increasc sugge~tability and/or "soften up" the individual in prepara- tion for thought reform, specifically through hypnotic or other suqgestabflity increasing techniques. 7 6 It is far more effective when it is one's apparent "friends" or organizational "allies" that are surreptitiously applying coercive per- suasion techniques to soften up and gradually gain control of one's behavior and independent decision making abili- ties. Since the individual does not know who their real enemy is, or even that there is an enemy, they have put up none or very few of the ego defense mech- anisms we normally maintain in known ad- versarial situations. 7 "Second generation (cults, therapeu- tic communities gone astray, and some large group awareness ) programs often \4-7-90.*\Page.00028 M A. Extended visual fixation drills, in Wollersheim's case "TRO" drills of staring blinkless for up to two hours at a time done on a daily basis. B. Excessive exact repetition of rou- tine activities, in the case at hand "the objectives", auditing drills where Wollersheim was subjected to 1B 4B hours per incidence of trance inducing exact repetition of "object moving" on the Rehabilitation Project Force (RPF) and at 2 - 3 other times during his au- diting career. C. Decreased sleep, while a staff member and particularly when confined to the rehabilitation project force (RPF) Wollersheim's work and penalty schedule would often reduce him to 3 - 5 hours of sleep a night for months on end. (See Pet. at A-3). D. nutritional restriction, while confined to the RPF Wollersheim involun- tarily lost 15 lbs in 5 - 6 weeks be- cause of food deprivation. (See Pet. A- 3). E. OF ITSELF, Scientology's nrost im- - portant and central procedure, auditing 8 is a hypnotic trance inducing process. incorporate technical advances in influ- ence production such as hypnotism ta intensify recalled or imagined experi- ences, emotional flooding, sleep depri vation, stripping away defense mecha- nisms and the induction of cognitive confusion". See footnote 2 supra. 8 It is THB integral and essential com- ponent of Scientology's coercion pro- \4-7-90.*\Page.00029 N These hypnotic processes contain com- mands and questions which of themselves act as subtle suggestions. Various ques- tions are often repeated in auditing hundreds of times in conditions of re- laxed, highly focused attention. Woller- sheim was subjected to as many as 6BB - 88B hours of this form of covert hypno- tism. 9 While in trance states, Woller- sheim was coerced into writing ridicu- lous success stories which, at best, represented a temporary hypnotic eupho- ria, or "placebo effect", and Scientol- ogy's surreptitious manipulation of the natural biological suggestibility of the trance state. (See R.T. 2191). TACTfC 2. Using rewards and punish- ments, efforts arc madc to establish considerablc control over a person's so- cial envfronment, time, and sources of social support. Social f~olatian is pro- mottd. Contact with family and friends is abridged, a~ is contact with persons who do not share group approvtd atti- tudt3· Economicl and othcr dependence on the group is fostered. In the forerunner to coercive persua- sion, br a i nwa s h i n g , this was rather easy ta achieve, through simple imorisonment. As this caercive tactic was applied to Wollersheim its goals were achieved grams to subjugate the will and control the mind of its members. 9 Wollersheim contends that auditing is a cloaked type of secular hypno therapy and is not a religious practice. Also, see pending petition Wollersheim v. Church of Scientoloqy 89-1367 (Pet at 2, 3, 22). \4-7-90.*\Page.00030 O through the application of policies that initially did not rely on physical im- prisonment. Tactics such as "disconnect", which forced Wollersheim to have nothing to do with his family and particularly his father. "The condi- tions formulas" which forbade any Scientologists from talking with any former Scientologists if he had been as- signed a low formula assignment, such as the condition of treason, enemy, etc. which further isolated Wollersheim (See R.T. at 2414-2416). Although unnecessary to an effective coercive persuasion program, Wollersheim was eventually compelled to go'to the RPF, was physically isolated and "imprisoned" below decks on a 168 foot mine sweeper in the San Pedro harbor with almost no ventilation. While on the RPF he could not leave the ship, when he tried to escape his enforced auditing he was physically held and restrained and returned to the RPF. The RPF' experience lasted almost 2 months. (See Pet. App. at A-3, A-4, A-23, A-24). TACTIC 3. D i s con f f rmi ng i n f or ma t i on and non-supporting opinions are prohib- itcd in group communication. Rules exist about permissible topfcs to discuss with outsiders. Communication is highly con- trolled. An - " i n -gr o up' language i~ urru- ally conatructed. Any criticisms about Scientology are called "entheta". During Wollersheim's years in Scientology, "entheta" of any kind was eliminated by various punish- ments. A free flow of information repre- senting diverse viewpoints regarding \4-7-90.*\Page.00031 P Scientology was not tolerated nor was unstressed evaluation time allowed when any critical information to Scientology did appear. In Scientology, totalitarian authoritarionism replaced rationalism. TACTIC rl. Frequent and intense at- tcmpts are made ta cause a person to re- evaluate the most ccntral aspects of their expcrience of sclf and prior con- duct in negative ways. Bfforts are de- signed to destabalize and undermine the subjects basic consciousness, reality a wa r e ne ~ ~ , world view, emat i ona 1 con- trol, and dcfenae mechaniarns as well as getting thcm to reinterpret their life's history, and adopt a new version of causality. Wollersheim was subjected to numerous coerced confessions such as overt/withhold "crime" and "high crime" write ups, using the E meter, a psuedo lie detector used for "security checks", and overt/wfthhold auditing. Total time involved in these non-voluntary confes- sional activities l8, often created from PRB-PRBPARBD OUBSTION L~STS, approached 2B8 hours. Use of coerced confessions in coercive persasion parallels in kind but not degree the use of non-religious "confessions" to break down the individ- 1B The "inner" meaning of the Scientol- ogy "confessionals" can be likened to an interrogation, from which Scientology would create embarassing files of information on people in case they would be needed later to silence a "defector". (See Appendix A for more information on the operation of the inner Scientology v. the outer Scientology. \4-7-90.*\Page.00032 O ual in political brainwashing programs. (See RiT. at 2192). TACTIC 5. Intense and frequent at- tempts are madc ta undermine a person's confidence in himstlf and his judgment to creating a sensc of powerlessness. 11 On one of many occasions, auditing E- meter "readings" were the determining factor which assigned Wollersheim to certain negative statuses such as the rehabilitation project force. The meter always "knew better" that something was wrong and evil about Wo 1lers heim and only the RPF, the meter, or Scientology could fix it. (Pet. App. at A-3). TACT IC 6. Non-physical punis haae nts are u~ed such as inttn~e humiliation, los~ of privflege, social isolation, so- cial staeu~ change~, intense guilt anxi- cty manipulation and other tcchniques for creating strong adversive emotional arousals, etc. Assignment to RPF was the greatest humiliation a staff member could suffer. One was totally isolated, all privileges removed, one had the equivalent of a slave like social status. The assignment of degrading lower "condftion formulas" also served the purpose of intense emo- tional attitude manipulation. (Pet. App. A-3, A-4). 11 "We suggest that attacking the sta- bility and quality of evaluations of self-concepts is the primary effective technique used in the conduct af a coer- cive thought reform and a behavioral control program." See footnote 2 supra. \4-7-90.*\Page.00033 R TACTIC 7. Certain secular psycholgi- cal thrtat~ !forcel are u~td or are pre- sent: That failurc to adopt thc approved attitude, belief, or consequent behavior will lead to severe punishment or dire conscqucnces (e.g. physical or mcntal illnt~s, the reappcarancc of a prior physical illness, drug dependence, eco- namic collapse, social failure, divorce, disintegration, failure to find a mate, etc·)· In Scientology's materials and from other staff members of Scientology, Wollersheim was threatened with going insane or dying af cancer if he didn't buy more auditing fast. He was threat- ened economically and legally with what is called a "freeloader" debt of$3B- $5B, BB8 if he left the group or wa s kicked out of the group because he didn't follow THBfR EXACT ORDE~S. In Wollersheim's case the most effec- tive coercive psychological force and threat tactic was that of "fair game" 12 which was applicable ta him, his family, and his business and is "allegedly" con- tinuing to be applicable to him at this wr itf ng . (See R.T. at 2414-2416). COBRCIVB PBRSUASIOn IS NOT 'PEACEFUL' PGRSUASION 12 The "fair game" policy in which an enemy "[they] may be deprived of prop- erty or injured by any means by any Sci- entologist without any discipline of the Scientologist...may be tricked, sued, or lied to or destroyed..." (Pet. at A-4, A-5). \4-7-90.*\Page.00034 S Programs identified with the above listed 7 tactics have in common the ele- ments of attempting to greatly modify a person's self-concept, perceptions of reality, and interpersonal relations. When successful in inducing these changes, coercive thought reform pro- grams also, among other things, create the potential forces necessary for exer- cising undue influence 13 over a per- son's independent decision-making abil- ity, and even for turning the individual into a deployable agent for the organi- zation's benefit without thefr meaning- ful knowledge or consent. Coercive per- suasion programs are effective because individuals experiencing the del~ber- ately planned extreme stresses 14 they 13 Any improper or wrongful constraint, mach i na t f o n , or ur ge ncy of persuas i on whereby the will of a pcrson is overpow- ered and he is induced to do or forbear an act which he would not do or would do it left to act freely. Influence which deprives person influenced of free agency or destroys freedom of his will and renders it more the will of another than his own. Misuse of position of con- fidence or taking advantage of a peI- son's weakness, infirmity, or distress to change improperly that person's ac- tions or decision. 14 'The goal of such programs is to hold the subject at the point of maximum stress without inducing psychosis. [Newer 1 "second generation programs have increastd the room for crror because subjects tend to be less well monitored and techniques used to induce anxiety and stress arc more powerful and le~s predictable in the magnitude of their \4-7-90.*\Page.00035 T generate can only reduce the pressures by accepting the system or adopting the behaviors being promulgated by the pur- veyors of the coercion program. The relationship between the person and the coercive persuasion tactics are DYNAMIC in that while the force of the pressures, rewards, and punishments brought to bear on the person are con- siderable, they do not lead to a ~table, meaningfully SELF-CHOSEn re-organization of beliefs ar attitude~. Rather, they lead to a sort of coerced compliance and a situationally required elaborate rationalization, far the new conduct. Once again in order to maintain the new attitudes or "decisions", sustain the rationalization and continue to unduly influence a person's behavior over time, coercfve tactics must be more or less CONTINUOUSLY applied. A fiery, "hell and damnation" guilt- ridden sermon from the pulpit or several hours with a high pressure salesman or other single instances of the so-called peaceful persuasions 15 do not consti- tute the "necessary chords and orches- tration" of a SBQUBnCBD, COnTINUOUS, CO- ORD I N ATBD, and carefully SBLBCTBD PBO- effects on the individual..." See foot- note 2 supra. 15 Very rarely a psychologically weak person will crack because of the emo- tional stress of a fiery pulpit sermon. This mathematical rarity ts noe an exam- ple of an effective coercive persuasion program. An effective coercive per- suasion program can crack the strongest af us. \4-7-90.*\Page.00036 U GRAM of surreptitious coercion, 16 as found in a comprehensive program of "coercive persuasion". Truly peaceful religious persuasion practices would never attempt to force, compell and dom- inate the free will or minds of its mem- bers through coercive behavioral tech- niques or covert hypnotism. They would have no difficulty coexisting peacefully with U.S. laws meant to protect the pub- lic from such practices. Aside from the physical restraint of Wollersheim on the RPF, the individual occurences of coercive techniques used on Wollersheim, when viewed both cumula- tively and synergetically, present, in most aspects, a near classic example of the devasting total efftct of programs of coercive persuasion versus single un- related acts of coercion. To determine if a coercive persuasion program was effective, it is necessary to determine that the subject individual held sufficient knowledge and volitional capacity to make the decision to change their ideas or beliefs and whether the individual was In FACT, able to adopt, affirm, or reject those ideas or beliefs ON THBIR O~ 17. Both Wollersheim and 16 A quick review of the 7 main tactics will also help clearly distinguish the differences in degree, enviro nmcnt, and tactics of what we consider the gentle influences of peaceful persuasion from those compelling farces of coercive per- suasion. 17 It is not necessary to test or ques- tion an individual's faith or have them explain it rationally to make this test. \4-7-90.*\Page.00037 V his expert witnesses testified he wa s not able to sufficiently make meaningful volitional decisions because of Scientology's coercion i.e. he became "addicted" to auditing. Trial evidence further demonstrated the total "program" nature and deliberately planned "orchestration" behind Wollersheim's coercion. VAR I ABLES Not all tactics used in a coercive persuasion type environment will always be coercive. Some tactics of an innocous or cloaking nature will be mixed in. Not all individuals exposed to coer- cive persuasion or thought reform pra- grams are effectively coerced into be- coming participants. How individpal sug- gcstability, psychological and physio- logical strengths, weaknesses, and dif- ferences react with the degree of sever- ity, continuity, and comprehensiveness in whfch the various tactics and content of a coercfve persuasion program are ap- plied, determine the program's effec- tiveness and/or the degree of severity of damage caused to its victims. Fo~ example, in United States v. Lee 455 U.S. 3r3 257-258 (1982), the Cali- LJL, fornia Supreme Caurt found that "when a You are examining or explaining to them technical processes, not idea or belief content, just as in previous studies on brainwashing one did not have to examine the truth, falsity, or sincerity of c o mmu n i s m to examine the behavioral processes applied to the victims. \4-7-90.*\Page.00038 W person is subjected to coercive persua- sion without his knowledge or con- sent . . . [ he ma y] de ve lop serious and sometimes irreversible physical and psy- chiatric disorders, up to and including schizophrenia, self-mutilation, and sui- cide." 18 I In Wollersheim's case, Wollersheim wa s induced into a bipolar manic depres- sive disorder reaching the level of psy- chosis, panic attacks, psychogenic amne- sia, and a post-traumatic stress disor- der. 19 (See e.g. R.T. 25B2-B3). Woller- sheim eventually was driven to the brink of suicide. (See Pet. App. A-4). COBRCIVE PE~SUASIOW Is nOT. VOLUnTABYI PEACEFUL, REL I GI OUS OR CBNTRAL TO )LN Y BOnAFIDB RBLIGIOn. 2B Coercive persua- sfon is not a religious practice, it is a control technology. It is not a belief or idealogy, it is a technological pro- cess. As a PROCESS, it can be examined by experts on its technology CO~PL9TBLY 18 U.S. House af Representatives Staff Report. "The Assassination of Represen- tative Leo J. Ryan and the Jamestown Guyana Tragedy (1979). 19 Researchers have found thc following additional reactions in victims of coer- cive persuasion: phobias, hom~cide, and psychological factors cffecting physical conditions (DSM-III-R, Section 316.B8) such as strokts, myocardial infractions, unexpected dcaths, reoccurance of peptic ulcersl ast hma, etc . Sce . footnote 2 SUPIa. 2B Sce Wollersheim v. ChuIch of scien- tolosy of California (89-1367) Pet. at 15, 17, 2B, 21). \4-7-90.*\Page.00039 X SEPARATE from any idea or belief content similar to examining the technical pro- cess steps of hypnotic induction separ- ate from the meaning or value of the post-hypnotic suggestion. PROCESSBS ex- amined in this manner can not violate First Amendment religious protections. Coetcive persuasion is antithetical to the First Amendment. It is the unfair manipulation of one's fellowman's bio- logical and psychological weaknesses and suceptibilities. It is a psychological FORCE technology not of a free society but a criminal or totalitarian society. 21 It is certainly not a spiritual or religious technology. 22 Any organization using coercive per- suasion on its members as a CEWTRAL practice that also claims to be a reli- gion is turning the SANCTUARY of the First Amendment into a FORTRESS for psy- chological assault, is a contradiction 21 Theoretically, physical force could be eliminated in the gradual take over of a country if coercive persuasion could be used to "transform" the key members of that society. (See Appendix A at pages E, F). 22 Coercive persuasion contains a col- lection of behaviors some, or much, of which can be interpreted as constituting the illegal acts of undue influence, deception, fraud, coercion, . false imprisonment, the intentional infliction of emotional distress, outrageous con- duct, involuntary servitude, and other tortuous acts. \4-7-90.*\Page.00040 Y of terms, and should be "dis-estab- lished". 23 Coercive persuasion is a subtle, com- ~elling psychological force which at- tacks an even more fundamental and im- portant freedom than our "freedom of re- ligion". ITS R9PRBHEnSIBILITY AND DANGBR IS, TH~T IT ATTACKS OUR sg~p DETERnINISn AND FRBB WILL, OUR HOST FUnDAn~BNTAL CON- STITUTIOWAL FRE9DOnS. 23 See pending petition Wollersheim v. Church of Scientoloqy of California No. 89-1367 (Pet. at 11-25) regarding evi- dence that Scientalagy is in fact a counterfeit and mockery of religion. ================================================================= If this is a copyrighted work, you are acknowledging by receipt of this document from FACTNet that on the basis of reasonable investigation, you have not been to obtain a copy elsewhere at a fair price, and that you are and will abide by the following copyright warning. WARNING CONCERNING COPYRIGHT RESTRICTIONS: The copyright law of the United States (Title 17, United States Code) governs the making of photo copies or other reproductions of copyrighted material. Under certain conditions specified by law, libraries and archives are authorized to furnish a photocopy or other reproduction. One of these specified conditions is that the photocopy or reproduction is not to be "used for any purpose other than private study, scholarship, or research." 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