SENTENCING MEMORANDUM OF THE UNITED STATES OF AMERICA, KEMBER and BUDLONG

SENTENCING MEMORANDUM OF THE UNITED STATES OF AMERICA KEMBER and BUDLONG Narconon

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

UNITED STATES OF AMERICA :

v. : Criminal No. 78-401(2)&(3)

JANE KEMBER : MORRIS BUDLONG a/k/a MO BUDLONG :

SENTENCING MEMORANDUM OF THE UNITED STATES OF AMERICA -----------------------------------------------------

The United States of America respectfully submits this Sentencing

Memorandum to aid the Court in imposing sentence in this case.

Introduction ------------

The defendants, Jane Kember and Morris Budlong, were each

found guilty, following a jury trial, of nine counts of aiding and

abetting burglary in the second degree. The evidence which led the

jury to return these guilty verdicts revealed that during the years

1973 to 1976 the defendants ordered the commission of brazen,

systematic and persistent burglaries of United States Government

offices. Their purpose was to ransack these offices of all documents

of interest to the organization which they led -- the Guardian's

Office of the Church of Scientology -- in order to secure total

exemption from taxation and to protect Scientology's founder, L.

Ron Hubbard. In the process, from their headquarters in East

Grinstead, England, they challenged and attempted to undermine the

judicial and governmental structure of the United States. They did

so by fraudulently using the Freedom of Information Act (FOIA) in

a manner never intended by the Congress of the United States.

As this Court heard, these defendants set about filing FOIA

requests with various Government agencies in order, _inter_alia_, to

cause these agencies to gather all the requested documents in a

central repository for the review process mandated by the FOIA.

Once the Guardian's Office discovered where these documents were

located, they began a systematic pillaging of that office -- repeatedly

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and surreptitiously breaking into that office, taking the documents,

photocopying them with Government equipment and supplies, and

replacing them in the Government files so that, in the words of

defendant Budlong, these thefts would not be uncovered.

Notwithstanding the fact that they had obtained _illegally_ all

the documents they were seeking, they proceeded to file FOIA suits

in the courts of this country, complaining that the particular

Government agencies had not given them all the documents to which

they were entitled. Thus, they perpetrated a fraud upon the American

judicial system. They came into the American courts with unclean

hands, seeking documents which they had already obtained by violating

the laws of the United States. After abusing the trial courts,

they proceeded to abuse the apellate courts never disclosing that

they were engaged in litigation in bad faith, totally heedless of

the waste of judicial resources involved. Such conduct, which

strikes at the very heart of the judicial system, cannot be tolerated.

These defendants additionally ordered the theft of documents

and memoranda of attorneys representing the United States Government,

a party against whom they had instituted a variety of lawsuits.

They did so to discover the attorney's legal strategy and gain an

unfair strategic advantage in the courts. In effect, they violated

the attorney-client privilege of every litigant who opposed them, a

fact which they seek to obfuscate by complaining in bad faith, that

their own attorney-client privileges were violated. Such conduct

cannot be permitted in our judicial system.

Once their emissaries were caught in the midst of one of their

criminal acts, the defendants orchestrated from England a massive

obstruction of the due administration of justice. Such outrageous

conduct, which, we submit, this Court can consider under standards

recognized by the Supreme Court, strikes at the very heart of our

judicial system -- a system which has often, at crucial times in our

history, been the savior of our institutions.

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Moreover, a review of the documents seized from the two Los

Angeles, California, offices of the Guardian's Office -- including

log books of messages from these two defendants -- show the incredible

and sweeping nature of the criminal conduct of these defendants.

Indeed, Guardian Program Order 158, and some of the other orders in

evidence, have already provided the Court with a glimpse of this

conduct. These crimes included: the infiltration and theft of

documents from a number of prominent private, national, and world

organizations, law firms, newspapers, and private citizens; the

execution of smear campaigns and baseless law suits for the sole

purpose of destroying private individuals who has attempted to

exercise their First Amendment rights to freedom of expression; the

framing of private citizens who had been critical of Scientology,

including the forging of documents which led to the indictment of

at least one innocent person; and violation of the civil rights of

prominent private citizens and public officials. These are but a

few of the criminal acts of these two defendants which, we submit,

give this court a glimpse of the heinous and vicious nature of their

crimes.

In view of the severity of the crimes of which the defendants

Kember and Budlong were convicted, the high level of their positions

in the organizational hierarchy of the Guardian's Office, compared

with the positions held by their nine co-defendants who were convicted

after a non-jury trial based on an uncontested stipulation of

evidence, as well as the additional information which we now bring

to this Court's attention, we submit that the public interest

demands the imposition of substantial terms of incarceration. This

Court must make it clear beyond peradventure that the criminal

conduct of these two defendants cannot be countenanced, and that

anyone who sets about masterminding and executing the crimes of

which they were convicted, uses and then tampers with the judicial

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system as they have, will be dealt with in the most severe terms

provided by the law.

II.

The Law --- ---

The right of this court to consider evidence of other crimes

prior to imposing a sentence has long been recognized. It is well

settled that "before making [a sentencing] determination, a judge

may appropriately conduct an inquiry broad in scope, largely

unlimited either as to the kind of information he may consider, or

the source from which it may come." _United_States_v._Tucker_, 404

U.S. 443, (1972). Courts have a duty to obtain as much

information as they can about a convicted defendant's background,

character, and conduct, criminal or otherwise, so that they can

impose a sentence to fit the circumstances of the case and the

individual defendant. _See_United_States_v._Grayson_, 438 U.S. 41

(1978); 18 U.S.C. sec 3577 (1976). Thus, hearsay assertions are

admissible, _Williams_v._Oklahoma_, 358 U.S. 576 (1959), as is

information about prior crimes committed by the defendant, even if

the indictments for those crimes are pending, _United_States_v._

_Metz_, 470 F.2d 1140 (3d Cir. 1972), _cert_denied_, 411 U.S. 919

(1973); or the defendant was never tried for the other crimes,

_Williams_v._New_York_, 337 U.S. 241, 244 (1949); or the charges were

dismissed without an adjudication on the merits, _United_States_v._

_Doyle_, 348 F.2d 715 (2d Cir.), _cert._denied_, 372 U.S.

919 (1963); _United_States_v._Cifarelli_, 401 F.2d 512, 514 (2d Cir.),

_cert._denied_, 393 U.S. 987 (1968). Even facts developed in

prosecutions where the defendant was acquitted can be considered by

the sentencing judge. _United_States_v._Sweig_, 454 F.2d 182 (2d

Cir. 1972).

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In addition, the Court can consider all the circumstances

surrounding a defendant's conviction for the present crime. A

court is also warranted in increasing the sentence when it believes

that the defendant has undermined the judicial system through

repeated perjury. _United_States_v._Grayson_, _supra_.

III.

The Charges on Which The Defendants Were Convicted and the Continuation of the Burglaries after Meisner and Wolfe Were Caught. ------------------------------------------------

Each of the two defendants now before the Court were found

guilty of nine counts of aiding and abetting second degree burglaries

of government offices at the Internal Revenue Service, the Department

of Justice and the offices of an Assistant United States Attorney in

this very courthouse. The evidence at their trial proved beyond

any doubt that the defendants not only commanded and directed these

burglaries but also received the fruits of the burglaries -- copies

of the stolen Government documents -- and that they commended and

awarded their subordinates for their success in these criminal

endeavors. Based on this overwhelming evidence, with which this

Court is intimately familiar, a jury returned unanimous verdicts of

guilty against both defendants.

The evidence further shows, however, that the defendants did

not stop their elaborate schemes on June 11, 1973 when they were

informed that Michael Meisner and Gerald Bennett Wolfe had been

confronted by the Federal Bureau of Investigations in this very

courthouse during one of their attempted burglaries. Indeed, to

the contrary, the evidence overwhelmingly demonstrates that the

defendants continued to issue Guardian Orders and directives commanding

crimes identical to those for which they have been convicted.

We submit that such evidence is probative at a sentencing because

it brings into focus more than anything else the refusal by the

defendants to live by the law -- their apparently intractable

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conviction that they are somehow above the law. This is illustrated

by Mrs. Hubbard's statement on the witness stand that she

and her codefendants, including these two defendants, felt they

could do to others whatever they perceived, however erroneously,

others were doing to them. Thus, they created the "Intelligence"

or "Information" Bureau because they decided they had no use for

the lawful remedies provided by our legal system. _See_e.g.:

Government Exhibit No. 2 at trial. Such behavior, we submit,

cannot be tolerated in any civilized society.

The following is a sampling of a few of the directives and

orders which show that the defendants continued their illegal

activities beyond June 1976:

Date and Exhibit Order or Communication ---------------- ----------------------

31 July 1976 Compliance Report Re: Guardian (Gov't Exh. No. 109) Program Order 3Q2 Operating Target (Exh. No. 1 hereto) 5. Lists of priorities for penetration of Government agencies. Among agencies targeted for penetration: CIA, FBI, Defense Communications Agency, Federal Protective Service, Federal Bureau of Prisons, Office of the President and Vice President of the United States, and the United States Senate, and the Administrative Office of the U.S. Courts.

15 October 1976 Defendant Budlong to Richard Weigand: (Gov't Exh. No. 107) "Attached is a project which can be (Exh. No. 2 hereto) utilized to debug and accomplish any infiltrating target you may have trouble with in your area." Budlong demands that "[e]ach time it is imple- mented ... B 1 WW is to be notified." The attached project is called _WEAVER'S_ _NEEDLE_. _Major_Target_: "To success- fully infiltrate (name of agency or organization) to locate and obtain their files on the C of S."

27 May 1977 Defendant Jane Kember reissues Guard- (Gov't Exh. No. 111) ian Program Order 158 as GPgmO 158 R (Exh. No. 3 hereto) (Reissue). While tracking the pre- vious order of 5 December 1975 it re- fines and changes some of the targets. Defendant Budlong's title appears immediately before Kember's name at the end of the order, indicating he approved the order.

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3 June 1977 U.S. Secretary W.W. Hermann Brendel (Gov't Exh. No 112) in a communication sent to defendants (Exh. No. 4 hereto) Kember and Budlong also lists priorities for B 1 U.S., including obtaining all U.S. Government files, and U.S. District Attorney, Los Angeles, files. It lists various operations against private individuals and organizations and state agencies including getting: (1) Susan Monday "checked out;" (2) "Time-Life Books discredited."

Additionally, based upon the correspondence between the defendant

Jane Kember and Deputy Guardian U.S. Henning Heldt, there is

no question but that the defendant Kember directed, encouraged,

and personally monitored the Guardian's Office attempt to attack

and destroy Assistant United States Attorney Nathan Dodell. Indeed

on June 6, 1976, defendant Kember wrote to Heldt: "Have we ever

done a really thorough B1 investigation of Dodell? ... let me

know what B1 found on him ... want the intell[igence] actions

looked over." That directive was complied with on 29 June 1976.

See Exh. No. 6 hereto. Then on June 9, 1976 defendant Kember telexed

former co-defendant Heldt: "Re: Justice Dodell attack strategy &

yr desp[atch] 4 June. I consider that yr actions are excellent

and that you are holding the line beautifully. V[ery] W[ell]

D[one} and let me know how it goes." She was given the information

on 29 June 1976. See Exh. No. 7 hereto.

We submit that a mere sampling of the orders and communications

emanating from these defendants indicates their heavy involvement

not only in the criminal activities for which the were convicted

but also in identical criminal activities for at least the year

following the FBI's confrontation with Meisner and Wolfe in this

courthouse. {1} Such a pervasive pattern of conduct would indicate

---------------------- {1} While Kember and Budlong claim that the burglaries were carried out solely to remove "false reports" from Government files, the doc- uments show otherwise. In fact, one of the programs of the Guardian's Office called for the deliberate planting of false reports in Govern- ment files. In a World Wide project issued 16 September 1975 by (continued on next page)

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that the only reason our proof of these criminal ventures ends in

June 1977 is that the searches took place on July 8, 1977. One can

only speculate as to whether these illegal activities were ever

terminated by these defendants.

-------------------- ( {1} continued from preceding page) aide David Gaiman, Deputy Guardian for Public Relations World-Wide, an operation is ordered to plant false information in U.S. Security agency computers, "to hold up the American security to ridicule, as outlined in the GO by LRH." It describes the plan as "to take a cat with a pedigree name ... and to get the name into a computer file, together with a record whether it be criminal, social welfare, driving, or whatever; and to build the sequence of events to the point where the creature holds a press conference and photographic story results." The project called for the use of plants to place the false information into U.S. security agency computers. _See_ Exh. No. 5 hereto.

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IV.

The Obstruction of Justice --------------------------

The seized documents demonstrate beyond peradventure that

the two defendants before the Court for sentencing, Jane Kember

and Morris Budlong, from their secure haven in East Grinstead,

England, orchestrated a massive cover-up, obstructing the admin-

istration of justice in the United States. They suppressed and

fabricated evidence go be presented to investigating authorities

and the grand jury in order to insulate themselves and Scientology

from liability for the crimes which they had ordered and committed,

including the nine burglaries of which they now stand convicted.

In doing so, they committed crimes ranging from harboring a fugi-

tive to suborning perjury. Not only did they commit these crimes

against the American judicial system, but they did so with impunity.

Examples from a few of the seized documents provide a flavor of the

brazenness and singlemindedness with which these two defendants set

about obstructing the American judicial system. We submit that

this Court not only can, but indeed should, consider this evidence

in assessing the culpability of these defendants and the likelihood

of their rehabilitation, or lack of such likelihood.

A. _As_to_Jane_Kember_, the following are summaries of but a few

of her communications which show her clearly at the helm of the

conspiracy to obstruct justice:

Date and Exhibit Communication ---------------- -------------

June 25, 1976 Jane Kember sends telex to GWW Log Book, Hennning Heldt: p. 141 (Exh. No. "Re: Guardian's Office D.C., 8, hereto) Evaluation. Leave Herbert [Meisner] where he is. If Patsy [Meisner] not OK work out other solution." [Complied to November 18, 1976]

October 29, 1976 Jane Kember sends telex to Henning GWW Log Book, Heldt: p 149 (Exh. No. "Henning. I am totally overrun

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9 hereto) on not getting vital data from BI lines. I want the following data in full. Re: MM [Mike Meisner] and your Boffin eval which has not even been received at WW. _Are_you_having_ _trouble_with_MM_[Meisner]_and_why?_ _I_want_full_report_and_precise_ _details_. _What_are_the_possibilities_ _of_a_Grand_Jury_investigation?_ _I_ _want_full_details_. Why does the CSG [Mary Sue Hubbard] ordered time sche- dule have to be altered to await the outcome of the Silver [Wolfe] trial. If MM pleaded guilty could he then just say nothing or appear to be type 3 [crazy]? Will you _please_get_ _me_a_full_report_on_this_whole_scene_ without any justifications as to security being the reason for with- hold of vital data. Much love, Jane."

November 1, 1976 Jane Kember sends telex to Henning GWW Log Book, Heldt: p. 150 (Exh. No. 10 _"Problems_appear_to_be_with_MM_ hereto) [Meisner]_ (1) Overts [thoughts against Scientology] have been pulled [i.e., drawn out of him in an auditing session]?; (2) Is he producing? (3) _Anyone_explained_that_cooperation_ _out_of_the_question_; (4) anyone explained why we want Silver's case handled first?; and (5) _anyone_ _explained_he_will_not_open_his_mouth?_ ..."

November 1, 1976 Jane Kember to Henning Heldt: GW Log Book, "D.C. MM [Meisner] Mess. Please p. 151 (Exh. No. get BI data up the line fast and 11 hereto) also data on urgent situations."

November 12, 1976 Jane Kember to Henning Heldt: GWW Log Book, "Henning, Please send me a list of p. 162 Exh. No. all the people who know about the 13 hereto) M [Meisner] cycle. Then please report on how you are getting eyes only actually being duplicated and all extraneous people off, repeat off the lines. Much love, Jane."

April 20, 1977, Handwritten letter from Jane Kember Exh. No 14 to Henning Heldt: hereto) [Jane Kember sets out in detail the present plans for the cover-up, and asks what is causing the delay in completion of the cover-up. She concludes: _Please_write_a_detailed_

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_report_which_actually_answers_these_ _questions_ ... "].

B. _As_to_Morris_Budlong_, the seized documents clearly show

that every detail of the cover-up had to receive his specific approval.

For example:

Date and Exhibit Communication ---------------- -------------

September 28, 1976 from Mo Budlong to Dick Weigand, DGIUS, (Exh. No. 15 cc: to Jane Kember: hereto) Sets forth plan for harboring Meisner as a fugitive (change his identity, go into hiding) and obstructing justice by having Wolfe plead guilty, giving no details of the reason for being in the courthouse. Concludes: "If any of the above is not clear, please ask immediately as _I_don't_want_any_confusion_on_what_has_ _to_be_done._"

November 2, 1976 Mo Budlong sends telex to Greg Willardson, (Exh. No. 16 DDGIUS, criticising the Information Bureau hereto) for handling the obstruction of justice by itself without help from the Legal Bureau. Concludes:

_"Rectify_this_immediately_. BI handles security and keeps M [Meisner] and Silver [Wolfe] cheered up. Legal handles the cases and Legal handling. You will wrap all of BI round a telegraph pole if you continue this way. _Send_full_explanation_by_telex_, Love, Mo."

December 1, 1976 To Mo Budlong, cc: to Jane Kember, from (Exh. No. 17 Mitchell Hermman: hereto) Sets out details on how the obstruction of justice is being handled in the United States Guardian's Office. Concludes by telling Mo Budlong that the overall cover story for Meisner and Wolfe is being prepared _for_his_final_approval_.

January 24, 1977 Telex to Mo Budlong from Dick Weigand, (Exh. No. 18 DGIUS: hereto) "Re: Silver [Wolfe]: Justice going for Grand Jury on Silver matter this month. Also Justice wants to talk with Silver. Plan is to stall Grand Jury by Silver promise of talking in end of January. Handling is to get Silver briefed and drilled at US by BI and Legal to give Justice admission of guilt and back-up story if needed from Herbert [Meisner]. Pjt currently at WW, specifically Tgt. 4. _Need_your_ok_on_use_of_Tgt._4_to_proceed._

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Intention is with Silver drilled and briefed he can get Justice to drop Grand Jury. _Grand_Jury_not_wanted_as_Silver_ _could_be_given_immunity_then_made_to_give_ _data_as_no_5th_Amendment_rights_after_ _immunity_.__Then_data_from_him_could_be_ _used_to_get_us_or_Herb_[Meisner]_or_even_ _used_against_Silver_if_proved_false.__Can_ _I_get_your_telex_OK_or_not_OK_on_Tgt._4_ _so_as_to_proceed._ Love, DGIUS ...

January 24, 1977 In reply to the above, Mo Budlong sends (Exh. No. 19 hereto) telex to Dick Weigand, DGIUS:

"Target 4 on my copy is to brief Silver on story. This is OK but DGLWW requires more data on grand jury's powers and has asked DGIUS for same [A] If Silver [Wolfe] states that he will plead guilty will Grand Jury proceed? [B] Is Grand Jury going for indictment on Silver or Murphy? [C] If Silver is to plead guilty, why does he need a story? [D] Also per plan, if Murphy [Meisner] is to plead guilty, why does he need a story? Surely sequence is he is arrested, goes to trial, pleads guilty and is sentenced. Much love, MO."

January 24, 1977 In reply to the above, Dick Weigand telexes (Exh. No. 20 hereto) Mo Budlong: "Re: Silver [Wolfe]. Reply to your Q's: (A) If Silver pleads guilty, matter should not go to Grand Jury. This needs to be verified by Legal. (B) Grand Jury is for Silver. (C) _Story_for_following:_United_ _States_Attorney's_Office_District_of_ _Columbia_has_theory_that_Silver_and_Herb [Meisner]_after_documents_for_Church._ _They_want_to_determine_what_Silver_was_up_ _to_and_will_drop_charges_if_they_determine_ _theory_not_true.__A_meeting_with_them_was_ _set_up_at_their_request_to_go_over_this._ _Silver_story_for_meeting.__Purpose_twofold:_ to provide time for legal to research and _to_see_if_U.S._Attorney's_Office_can_ _be_convinced_to_drop_charges._ Silver attorney predicts Silver will be charged with impersonation and forgery of I.D. and trespass. Silver has acknowledged doing this. _Difficulties_would_come_if_ _he_were_also_charged_with_conspiracy_and_ _Grand_Jury_was_used_to_try_to_develop_ _this_charge_aimed_at_Church._ (D) Murphy [Meisner] story would be needed for same sit. ...

May 3, 1977 To Mo Budlong from DGIUS, Dick Weigand and (Exh. No. 21 hereto) Greg Willardson, DDGIUS; reports on handling of Meisner due to his lack of cooperation:

_"We_went_back_to_BI_and_organized_a_crew_ _of_guys_to_handle_the_worst_eventualities_

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_by_force_if_necessary_(i.e.,_gag,_ _handcuffs,_etc.)"_

"We eventually got to [Meisner's] at about 2:15 a.m., 30 April, and Dick, Brian (SE Sec) and I went in to see [Meisner] first with the three guards ... Herbert was quite upset about the guards initially ... [H]e was not going to allow guards staying with him. He then threatened that then he would have to leave even if he had to make a scene, including involving the police ...

"At times throughout the above conversations the guards and I were searching through his belongings removing any materials connected with the Church or his notes on the scene, and safeguarding dangerous implements like knives, razors, etc. ...

"We then left at about 6-6:30 a.m. with the guards in charge."

May 2, 1977 To Mo Budlong from DGIUS, Dick Weigand: (Exh. No. 22 hereto) "... The guards stayed with [Meisner] and are with him now.

"Then on Saturday and Sunday I had people continue to look for a better place to take him. Sunday a place was found and Brian and the guards tried to move him. He refused and said he would pull in all sorts of trouble if we tried to get him out the door. _He_was_physically_ _removed_from_the_building,_and_taken_to_ _the_new_place_where_he_is_still_under_ _constant_watch._ His auditing will hopefully be started today as the auditor is getting handled today ..."

June 7, 1977 Letter (CSW) from DGIUS to Mo Budlong (Exh. 23 hereto) containing handwritten approval by Budlong: DGIUS proposes a slight change in the cover story to be used by Meisner when he turns himself in after a year as a fugitive. He is to claim that he found out he was wanted by calling his wife, instead of by calling Wolfe, as was originally the story. _Mo_ _approves_the_change_in_the_cover_story_on_ _June_15,_1977,_writing:_"This_change_is_ _fine.__Love,_Mo_B"

June 22, 1977 To Mo Budlong, cc: to Jane Kember, from (Exh. No. 24 hereto) Cindy Raymond: Mo (and Jane) are informed attached) that Meisner has escaped and the B-I is developing programs, _inter_alia_, to provide a cover for "his turning."

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Thus, as the evidence shows, these defendants orchestrated an

elaborate cover-up, beginning in June 1976 and continuing through

June 1977 and, no doubt, thereafter. In fact, a significant part

of the defense they presented at trial -- their attack on the

integrity and reliability of Michael Meisner -- was foreshadowed in

the "obstruction documents." They presented this Court with a

shabby attempt at impeaching Meisner's credibility by claiming that

he stole money from the Church -- the same false claim they made

against another former Scientologist who had the courage to expose

their crimes and thus fell victim to their fair game doctrine.

_Allard_v._Church_of_Scientology_of_California_, 58 Cal. App. 3d 439,

129 Cal. Rprtr. 797 (Ct. App, 1976), _cert_denied_, 97 S. Ct. 1101

(1977).

It is the two defendants before the Court for sentencing who,

along with their already convicted and sentenced cohort, Mary Sue

Hubbard, bear the greatest degree of responsibility for the massive

conspiracy to obstruct justice which they jointly directed. While

the others already convicted of that offense (Henning Heldt, Dike

Snider, Gregory Willardson, Richard Weigand, Cindy Raymond, and

Gerald Bennett Wolfe) indeed deserved the punishment they received,

they acted under direct orders of Jane Kember and Morris Budlong, a

factor appropriate for consideration by this Court in assessing the

relative severity of the sentences that the defendants Kember and

Budlong should receive.

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Other Crimes Committed by These Defendants ------------------------------------------

The defendants' contention that tyey committed the crimes of

which they stand convicted in order to protect their Church from

Government harassment collapses when one reviews a sample of the

remaining documents seized by the FBI during the execution of the

two Los Angeles search warrants. If anything, these documents

establish beyond doubt that the defendants, their convicted

co-defendants, and their unindicted co-conspirators, as well as their

organization, considered themselves above the law. They believed

that they had _carte_blanche_ to violate the rights of others, frame

critics in order to destroy them, burglarize private and public

offices and steal documents outlining the strategy of individuals

and organizations that the Church had sued. These suits were filed

by the Church for the sole purpose of financially bankrupting its

critics and in order to create an atmosphere of fear so that critics

would shy away from exercising the First Amendment rights secured

them by the Constitution. {2} The defendants and their cohorts launched

vicious smear campaigns, spreading falsehoods against those they

perceived to be enemies of Scientology in order to discredit them

and, in some instances, to cause them to lose their employment.

Their targets included, among others, The American Medical Association

(AMA) which had branded Scientology's practice of "dianetics"

as "quackery"; the Better Business Bureau (BBB), which sought to

------------------ {2} This is precisely how Scientolgy's critics viewed Scientology's activities. _Newsweek_, November 20, 1978 at 133: "The Church of Scientology relies on suits and petty harassment to register its complaints. In August, the Scientologists slapped a $1 million suit on the _Los_Angeles_Times_ after it ran a series about the Church. The _Times_ wasn't accused of libel; rather, the Scientologists claimed that the paper conspired with the FBI and Justice Department to violate the church's civil rights by poisoning the atmosphere before a trial" of the nine convicted co-defendants. See also discussion, _infra_, regarding Scientology's lawsuits against its perceived "enemy", Paulette Cooper.

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respond to private citizens' inquiries about the courses offered

by Scientology, newspapers which merely sought to report the news

and inform the public, law firms which represented individuals and

organizations against whom Scientology initiated law suits (often

for the sole purpose of harassment); private citizens who attempted

to exercise their First Amendment rights to criticize an organization

whose tactics they condemned; and public officials who sought

to carry out the duties for which they were elected or appointed

in a fair and even-handed manner. To these defendants and their

associates, however, anyone who did not agree with them was considered

to be an enemy against whom he so-called "fair game doctrine"

could be invoked. _Allard_v._Church_of_Scientology_of_California_,

_supra_. That doctrine provides that anyone perceived

to be an enemy of Scientology of a "suppressive person" "[m]ay be

deprived of property or injured by any means by any Scientologist

without discipline of the Scientologist. [He m]ay be tricked,

sued, lied to, or destroyed." _Id.,_58 Cal. App. 3d at 433 n.1, 129

Cal. Rptr. at 800 n.1. {3}. This policy, together with the actions of

these defendants who represent the very top leadership of the Church

of Scientology, bring into question their claim that their Church

prohibited the commission of illegal acts.

The United States submits that the activities outlined in this

section show the scope, breadth and severity of the crimes committed

---------- {3} This led the California Court of Appeals to state that "Any party whose tenets include lying and cheating in order to attack its 'enemies' deserves the results of the risk which such conduct entails." _Id._, 58 Cal. App. 3d at 452, 129 Cal. Rptr. at 805

Defendants, through one of their attorneys, have stated that the fair game policy continued in effect well after the indictment in this case and the conviction of the first nine co-defendants. Defendants claim that the policy was abrogated by the Church's Board of Directors in late July or early August, 1980, only _after_ the defendants' personal attack on Judge Richey. Transcript of September 5, 1980, at 14.

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by the defendants in this case. It is for this very reason that

the United States believes that the defendants must be sentenced to

substantial terms of incarceration.

A. Private Organizations ---------------------

American Medical Association ----------------------------

In the early 1970's, unindicted co-conspirator L. Ron Hubbard,

founder of Scientology, issued an order concerning the "Great Health

Monopoly", which accused the AMA of monopolizing health care to the

exclusion of groups such as Scientology. In this order, Hubbard

called for the break-up of the AMA.

In accordance with the Founder's policy, the AMA's Chicago

headquarters were first infiltrated by Scientology in 1972.

Documents stolen during this period were utilized in the publication

of a book written by unindicted co-conspirator Joe Lisa using a

pseudonym. The book, entitled _In_the_Public_Interest_, was covertly

published and distributed by the Information Bureau of the Guardian's

Office in order to discredit the AMA.

In early 1974, Michael Meisner, then the Assistant Guardian

for Information in the District of Columbia, was ordered to recruit

and place an agent in the AMA's District of Columbia office.

Co-defendant Hermann, who was in charge of covert operations in the

District of Columbia, recruited June Byrne and assisted her in

infiltrating the local AMA office under the false name of Lisa

Gianotti. {4} Among the documents photocopied and stolen by Byrne

-------------------- {4} See Exh. No. 25 hereto, which contains much correspondence among co-defendants Heldt, Weigand and Raymond, _with_copies_sent_ _to_defendants_Kember_and_Budlong_, concerning the use of Ms. Byrne as a covert operative at the _Clearwater_Sun_ newspaper, following her detection by AMA investigators in 1975. At page 4, co-defendant Heldt writes: "_P.S.__We_must_get_this_reported_to_WW._" At page nineteen, co-defendant Raymond stated that June Byrne had been blown as a Scientology agent at the _Clearwater_Sun_. She added "that there is a chain of events leading up to the base blown agents which starts in late 1974 when June (The CWSUN FSM) was placed in (continued on next page)

_ 18 _

were minutes of meetings between the AMA and the National Medical

Association; memoranda of discussions with the federal Department

of Health, Education, and Welfare; and memoranda regarding the Joint

Commission on the Accreditation of Hospitals (JCAH) and the

Coordinating Committee on Health Information (CCHI).

Another covert operative was placed in the Chicago headquarters

of the AMA in order to obtain all documents on the CCHI. That

agent, Sherry Hermann a/k/a Sherry Canavaro, a/k/a Sandy Cooper,

obtained all these documents and relayed them to her husband,

co-defendant Mitchell Hermann who was her case agent.

(Exhibit No. 26 hereto.)

In the Spring of 1975, Mr. Meisner received an order to covertly

leak to the press the numerous AMA documents which had been obtained

in the District of Columbia and Chicago. That action was intended

to provoke investigations of the AMA's tax exempt status by

Congressional Committees, the IRS, and the Federal Trade Commission.

Pursuant to these directives, Mr. Meisner was to anonymously contact

reporters and send them copies of these stolen documents. Newspapers

subsequently referred to that anonymous source as "Sore Throat".

Defendants Kember and Budlong were kept constantly apprised of

the operations concerning the AMA, and indeed encouraged these

activities. Thus, for example, on October 16, 1975, Jane Kember

told Henning Heldt, in response to a report of his on Octover 7,

1975: "AMA: SORE THROAT ... Let me know how this goes." GWW

Log, p. 101, Exh. No 27 hereto. And again on October 21, 1975,

defendant Kember telexed to Heldt the cover story to be used by

AMA infiltrators, if caught:

Henning Re: Sore Throat ... David [Gaiman - DGPRWW] has laid down a strategy which is to

---------------------- {4} (continued from preceding page)

the AMA D.C." Co-defendant Raymond discussed the placement of Jodie Gumpert as a second covert agent at the AMA in the District of Columbia, her detection by the AMA, and her subsequent infiltration of the Clearwater Chamber of Commerce.

_ 19 _

enable us to contain the scene. Our plants when trapped are _Freedom_ investigative reporters just like any other newspaper. The plants themselves do not have to confess or be named ... We can undercut AMA's continual effort to expose us by indicating it is a smokescreen to prevent _Freedom_ from publishing. ... MLV, Jane

GWW Log, p. 101, Exh. No. 27 hereto. Likewise, on October 7, 1975,

defendant Budlong telexed Weigand, DGIUS:

Dick, Sore Throat is an Intelligence matter. Nothing in your data indicates a situation requiring other Bureau assistance. Send full data on the scene before you hand Sore Throat matter over to anyone else. Love, Mo

DGIWW Log, p. 27, Exh. 27-A hereto.

Better Business Bureau ----------------------

The infiltration of the Council of Better Business Bureaus

(CBBB) began on December 4, 1972, with the placement of Sherry

Canavaro (later Sherry Hermann, a/k/a Sandy Cooper) as a covert

agent within that organizationl. (Document No. 16727.) Defendants

Kember and Budlong were informed of Scientolgy's covert operations

within the CBBB and prospects that the covert agent might become

the CBBB's representative to the CCHI (Coordinating Conference on

Health Information). (Exhibit No. 28 hereto). {5}

Mental Health Organizations ---------------------------

Guardian Order 121569 MSH (1) issued on December 15, 1969,

directed the infiltration of all mental health organizations both

nationally and world-wide. Exhibit No. 29 hereto. This Guardian

Order was carried out on a number of fronts by operatives of the

Information Bureau headed by defendant Budlong. Thus local mental

---------- {5} One of the functions of the CCHI was to coordinate efforts against groups believed to promote quackery. The defendants were successful in having their covert operative become the CBBB's representative to two CCHI meetings, one of which she was able to tape.

_ 20 _

health organizations were infiltrated by covert operatives in Las

Vegas and St. Lois. Indeed, the Assistant Guardian for Information

in Las Vegas reported that "everything possible was done to collect

this data, everything from infiltration to stealing to evesdropping,

etc. ..." (Document No. 13336.)

Co-Defendant Sharon Thomas was recruited as a covert operative

in 1973 in the District of Columbia by co-defendant Snider, the

Assistant Guardian. She was later assigned to infiltrate the

American Psychiatric Association (APA). Beginning in January 1974,

co-defendant Hermann supervised co-defendant Thomas' APA thefts.

While in the APA, co-defendant Thomas stole documents regarding

Scientology as well as confidential files of the APA's Ethics

Committee concerning complaints against psychiatrists. (Document Nos.

8804 and 8805.) _These_stolen_documents_were_sent_to_defendant_

_Budlong_.

Moreover, _Guardian_Program_Order_1238_ (Exhibit No. 30 hereto),

_issued_by_the_defendant_Kember_and_approved_by_the_defendant_

_Budlong_, has as its "major target":

To obtain the information necessary to take over the control of the NIMH [National Institute of Mental Health] while at the same time establishing the lines and resources to be used in taking over NIMH.

Also included in that program were the infiltration of the Public

Health Service, the Food and Drug Administration, and the Alchohol,

Drug Abuse, and Mental Health Administration (ADAMHA).

"Anti-Cult" Groups ------------------

The Los Angeles-seized documents set out a variety of actions

instituted by the defendants and their organization against

individuals and groups engaged in so-called "anticult" activities. In

February 1977, _Jane_Kember_promulgated_Guardian_Program_Order_1017_,

entitled "ARM (Anti-Religion Movement) Clean Sweep" (Document No.

13724), _which_had_been_approved_by_defendant_Budlong_. That

_ 21 _

Guardian Order called for the placement of "covert agents" for

"data collection lines" with anti-cult groups. (_Id._ at 1.)

B. Law Firms ---------

As part of their criminal activities the defendants actively

encouraged burglaries and thefts of documents from private law firms

in Washington, D.C., and Los Angeles, California, that represented

private organizations sued by Scientology, including the law firm

of Arent, Fox, Kintner, Plotkin and Kahn, in D.C.

At least three burglaries were committed during the early

months of 1976 at thge law offices of Arent, Fox, Kintner, Plotkin

and Kahn, who then represented the _St._Petersburg_Times_ in a

Scientology-initiated law suit. Defendants Kember and Budlong were

regularly kept informed of the results. In February and March

1976 three entries were made into the office of Jack Bray and his

secretary at the above-mentioned law firm, the first one by Richard

Kimmel, the acting Assistant Guardian for Information in the District

of Columbia, and the second one by Kimmel and Michael Meisner. On

each occasion, documents outlining the law firm's strategy in

defending the law suit brought agains the _St._Petersburg_Times_

were taken. _See_ Exhibit No. 31 hereto, a telex from defendant

Duke Snider to the World-Wide Guardian's Office, dated 13 February

1976, setting out information obtained by Kimmel from Mr. Bray's

office.

C. Private Individuals and Public Officials --------------------------------------------

The defendants directed and encouraged a number of covert

operations against private individuals and public officials to

destroy and discredit these persons because they had either

attempted to exercise their First Amendment rights by criticizing

Scientology or by attempting to carry out their duties as public

officials.

_ 22 _

Paulette Cooper ---------------

As early as February 29, 1972, _defendant_Kember_ had written

the DGIUS (then Terry Milner) directing that he find out information

about Paulette Cooper so that she could be "handled" (Exh.

No. 32 hereto). Paulette Cooper is the author of _The_Scandal_of_

_Scientology_, a work highly critical of Scientology. Kember's

interest in handling Cooper continued, and her loyal workers in the

United States carried out incredible schemes pursuant to Kember's

directive. {6} In March 1976, Mo Budlong's deputy at Word-Wide asked

for details on an Operation Dynamite to be carried out against

Paulette Cooper. The operation was delegated to the Northeast

Information Bureau Secretary, with the directive to "Report to

WW." (Exh. No 33, DGIWW log book pp. 72 and 73.) Also in 1976,

the highest ranking Scientologists in the United States, including

at least six of the co-defendants (Heldt, Snider, Weigand, Willardson,

Hermann, and Raymond), designed a series of plans in furtherance

of the directives of co-defendants Kember and Budlong, which had

as their goal Paulette Cooper's imprisonment or Commitment to

a mental institution.

In the spring of 1976 six separate schemes were devised with

the express purpose

"To get P.C. (Paulette Cooper) incarcerated in a mental institution or jail, or at least to hit her so hard that she drops her attacks."

(_See_ Operation Freakout dated 1 April 1976, Exhibit No. 34 hereto;

_see_also_ Exhibit No. 35.) Their stated purpose was "[t]o remove

PC [Paulette Cooper] from her position of Power so that she cannot

attach the C[hurch] of S[cientology]." The six separate schemes

---------- {6} In addition to Kember's specific directive that Cooper be "handled," Mo Budlong and the other World-Wide supervisors were under standing orders to see to it that all attacks on Scientology occurring anywhere in the world were "reported and handled properly, [or] both CSG [Mary Sue Hubbard] and _I_will_have_your_heads_for_ _breakfast_. ... love Jane." Order of Jane Kember contained in Information Bureau Hat Pack, volume I, Exh. No. 37 hereto (emphasis added).

_ 23 _

were jointly entitled "Operation freakout." In its initial form

Operation Freakout had three different plans. The first required a

woman to imitate Paulette Cooper's voice and make telephone threats

to Arab Consulates in New York. The second scheme involved mailing

a threatening letter to an Arab Consulate in such a fashion that

it would appear to have been done by Paulette Cooper. Finally, a

Scientology field staff member was to impersonate Paulette Cooper

at a laundry and threaten the President and then Secretary of State

Henry Kissinger. A second Scientologist would thereafter advise

the FBI of the threat.

Two additional plans to Operation Freakout were added on April

13, 1976. The fourth plan called for Scientology field staff members

who had ingratiated themselves with Cooper to gather information

from Cooper so Scientology could assess the success of the

first three plans. The fifth plan was for a Scientologist to warn

an Arab Consulate by telephone that Paulette Cooper had been talking

about bombing them.

The sixth and final part of Operation Freakout called for

Scientolgists to obtain Paulette Cooper's fingerprints on a blank

piece of paper, type a threatening letter to Kissinger on that

paper, and mail it. {7}

---------- {7} The sixth plan bears a distict resemblance to a scheme of Scientolgists in 1972 and 1973 against Paulette Cooper. In 1972 Scientolgists obtained Paulette Cooper's fingerprints on a blank sheet of paper, typed two bomb threat letters on that and another piece of paper, sent the threats to Scientology offices in New York, and then advised the FBI that they had received the threats and that they may have come from Cooper. Paulette Cooper was indicted in the Southern District of New York in 1973 for making these threats. An order Nolle Prosequi was filed on that indictment in 1975. As Bruce Raymond/Randy Windment noted in his April 1976 "CSW" to Weigand, which Weigand approved, the sixth plan of Operation Freakout was likely to prove effectivfe since the same kind of scheme against Cooper had worked in the past.

Attached is approved Operation Freakout. This additional channel [the sixth plan] should really have put her away. Worked with all the other channels. _The_F.B.I._, _already_think_she_did_the_bomb_threats_ _on_the_C_of_S_ [Church of Scientology] (Document No. 11423)

_ 24 _

On March 31, 1976, defendant Kember telexed Henning Heldt

concerning Ms. Cooper:

PC [Paulette Cooper] is still resisting paying the money but the judgement stands in PT [present time] ... {8} Have her lawyer contacted and also arrange for PC to get the data that we can slap the writs on her. If you want legal docs, from here on we will provide. Then if she still declines to come we slap the writs on her before she reaches CW [Clearwater] as _we_ _don't_want_to_be_seen_publically_[sic]_being_ _brutal_to_such_a_pathetic_victim_from_a_ _concentration_camp_.

GWW Log, p. 131 (Exh. No. 36 hereto.)

Gabriel Cazares ---------------

When Scientology first decided to set up a base in Clearwater,

Florida, in late 1975, it did so using the cover name of "United

Churches of Florida" (UCF) with no outward connection to Scientology.

Gabriel Cazares, who was Clearwater's Mayor, campaigned

for the disclosure of the true purposes of the UCF. When UCF's

connections to Scientology were uncovered, Mayor Cazares became

highly critical of Scientology. Because of his criticisms, Mayor

Cazares was targeted by the Guardian's Office and its Information

Bureau and covert operations designed to remove him from office

were ordered.

To tht end, in early March 1976, co-defendant Hermann notified

co-defendant Snider that Mayor Cazares was about to attend a

Mayor's Conference in Washington, D.C., on March 13-17, and that

Assistant Guardian for Information in Clearwater, Joe Lisa, was

formulating a covert operation to claim that Mayor Cazares had a

mistress. (Exhibit No. 38 hereto.) Shortly thereafter, Hermann

---------- {8} Cooper has been sued by the Church of Scientology on numerous occasions and in many jurisdictions around the world. since 1970 the Church of Scientology has filed six lawsuits in three foreign countries and numerous lawsuits in the United States against Cooper. As of December 1979, with the exception of three foreign lawsuits and a counterclaim in an American lawsuit, all of the actions had been dismissed.

_ 25 _

ordered Mr. Meisner to carry out an operation on Mayor Cazares

during his Washington trip -- that operation was to involve a fake

hit-and-run accident. Sharon Thomas was to be the main participant

in that operation. She was to meet Mayor Cazares, drive him around

town, and at a predermined location stage a hit-and-run accident

with Mr. Meisner as the "victim".

On March 14, 1976, Thomas offered to show Mayor Cazares the

town. During that drive, Thomas, who was driving, staged her fake

hit-and-run accident in Rock Creek Park, hitting Michael Meisner.

She drove on without reporting the accident to the police. Of

course, Thomas knew that no harm had been caused to the "victim."

(Exhibit No. 39 hereto). _In_a_report_dated_March_15,_1976,_to_

_defendant_Morris_Budlong,_Weigand_apprised_Budlong_of_the_incident_

_and_discussed_how_Scientology_could_use_that_"fake"_accident_

_against_Mayor_Cazares_and_concluded_that_"I_should_think_that_the_

_Mayor's_political_days_are_at_an_end."_ (_Id._ at 2.)

_On_June_6,_1976,_Jane_Kember_promulgate_Guardian_Program_

_Order_398,_entitled_"Mayor_Cazares_Handling_Project."__Its_

_purpose_was_"to_remove_Cazares_from_any_position_from_which_he_can_

_inhibit_the_expansion_of_Scientology"_ and called for, among other

things: (1) carrying "out a covert campaign to create strife

between Cazares and the City Commission"; and (2) placing a covert

operative in his Congressional campaign organization, getting the

operative "as highly placed as possible. Use this operative to

collect data on planned activities and feed this to PR and Legal

to carry out operations to hamper the effectiveness of the

campaign ... " (Exhibit No. 40 hereto.) On November 3, 1976,

unindicted co-conspirator Joe Lisa informed co-defendant Snider

that Mayor Cazares had been defeated in the Congressional race as

a result of the implementation of the defendant jane Kember's Guardian

Program Order 398, and the other Scientology actions which included

"[p]hone calls ... spreading rumors inside his camp, contributing

_ 26 _

to disorganization in his campaign ... " (Document No. 1491.)

Celebrities -----------

On January 4, 1976, defendant Jane Kember issued Guardian

Order 1361-3 which called for the theft of Los Angeles IRS

Intelligence files on "celebrities, politicians, and big names." In

complete disregard for the rights of these individuals, Jane Kember

directed tht the stolen information be published. (Document No.

11513.) In fact, IRS files on former California Governor Edmund

Brown, current California governor Edmund Brown Jr., Los Angeles

Mayor Tom Bradley and his wife, and Frank Sinatra were stolen from

the IRS' Los Angeles offices and disclosed to the press.

(Document Nos. 11514, 1546, and 1548.)

D. Newspapers ----------

The defendants and their organization mounted a head-on assault

upon newspapers that had been critical of Scientology. They

infiltrated newspapers and, in other instances, without disclosing

that they were associated with Scientology, planted stories of interest

to their organization. For the sake of brevity, we will cite just

one example.

In November 1975, defendant Willardson ordered Michael Meisner

to send three District of Columbia covert agents to Clearwater. One

of the operatives sent to Clearwater was June Byrne, the blown AMA

---------- {9} These are but four examples of the numerous operations conducted against private citizens and public officials. A refvie of the documents seized in Los Angeles shows the incredible scope of these operations.

In fact, in order to help determine what individuals and groups to develop operations against, the files of the World-Wide Information Bureau, which defense witness Sheil Chaleff so fondly referred to as "Mo's Files," are divided into eight "enemy" classifications, depending upon the particular degree of "suppressiveness" which the Guardian's Office perceives in its "enemies." Amon the eight classifications are "traitor," "enemy," and "international enemy." The latter category includes such "treacherous" grups as the European League for Human Rights, the World Council of Churches, the United Nations, and the World Federation for Mental Health. Exh. No. 41 hereto.

_ 27 _

agent. In Clearwater, Ms. Byrne infiltrated the _Clearwater_Sun_ and

provided Scientology almost daily reports on the activities of that

newspaper, all of which were forwarded to defendants Kember and

Budlong (_See_e.g._, Documents Nos. 17988, 17991, 17995, 17996, 18006

which cover less than a two-week period.) She remained as Scientology's

covert operative at the _Sun_ until late 1976 when she was withdrawn

out of fear that her cover had blown.

E. State and Local Government Agencies -----------------------------------

Numerous state and local Goverment agencies throughout the

United State were targeted for infiltration by the defendants and

the Guardian's Office. These infiltrations and thefts were called

for by two programs promulgated by Jane Kember -- Guardian

Program Order 302, which was also approved by defendant Budlong,

and Guardian Order 1080. Guardian Program 302, Government Exhibit

67 at trial, ordered the infiltration of all Governmental agencies

that refused to acquiesce to Scientology's demand for access

to their files. {10}

On March 4, 1974, defendant Jane Kember issued GO 1080, an

umbrella program ordering the infiltration of the California

Attorney General's Office and all local district attorney's offices

in California. (Exhibit No. 42 hereto.) On January 13, 1976, a

sub-project of GO 1080 regarding the Los Angeles Office of the

California Attorney General was promulgated. It directed that that

office be infiltrated "through any way or means and then locate and

obtain full copies of any and all files on the C of S, C of S

investigations, etc." (Document No. 1317 at 13-15.) On February 12

---------- {10} Thus, pursuant to GPgmO 302, Deac Finn, the Assistant Guardian for Information in New England (AGI NE), wrote on June 8, 1976, requesting Weigand's approval for Finn's project to infiltrate the Suffolk County District Attorney's Office (Document No. 1535, p. 2). _See_also_ Document No. 21703 entitled "Project Owl" which sets out co-defendant Hermann's plans for such infiltration in response to the planned investigatoin of the Church for criminal fraud and of one of its members for kidnapping.

_ 28 _

1976, it was reported that keys to the Attorney General's office had

been obtained. (Document No. 1318 at 2.) Co-defendant Weigand also

outlined for the benefit of defendant Budlong the progress of GO

1080, appending excerpted stolen data prepared by defendant Raymond.

(Document No. 1323; _See_also_ Document No. 1336 -- a similar letter

from defendant Willardson to defendant Kember, routed through

defendants Held, Weigand, and Budlong).

On August 10, 1976, compliance was reported to Guardian Program

Order 302 as it pertained to the Los Angeles District Attorney's

Office. (Document No. 149; Document Nos. 11591-11595 are copies

of documents stolen from that office.) On that same date,

compliance was reported with Guardian Order 1080 and Guardian Program

Order 302 as far as the Yolo county District Attorney's Office was

concerned. (Document No. 813.)

F. Other Federal Government Agencies and the United Nations -----------------------------------

Among other direct orders issued by Jane Kember calling for

illegal operations against other Government agencies and

international organizations, to be carried out by Mo Budlong and his

Information Bureau, are the following:

1. _Guardian Order 1344_, issued October 10, 1974 (Exh. No. 43

hereto), called for penetration of and theft of documents from the

11th District Coast Guard Intelligence and the national Headquarters

of Coast Guard Intelligence, Washington, D.C. The program was

carried out by, _inter_alia_, the placement of co-defendant Sharon

Thomas as Scientology's covert operative at the Coast Guard (prior

to her employment at the Department of Justice). Duke Snider

makes the following cryptic notation on the cover sheet of the

G.O.: "Jane also telexed and mentioned that the BI targets are to

be done and not just left up in the air." (Exh. No. 43).

2. _Guardian_Programme_Order_283_, issued February 24, 1976

_ 29 _

(Exh. No. 44 hereto), which was proposed by co-defendant Cindy

Raymond, approved by Morris Budlong, and issued by Jane Kember,

had the following over all "Plan: To penetrate the UN [United

Nations] and establish lines for feedback data so that we can

predict and handle anything that may stop he acceptance of our

submissions to the U.N." Later documents indicate Scientology

recruited an FSM to apply for a job as a security guard at the

U.N.

3. _Guardian_Programme_Order_407_, issued June 9, 1976 (Exh.

No. 45 hereto), subtitled "Off the Hook", and issued by Jane Kember

two days before Meisner and Wolfe were confronted in this

Courthouse, called for getting "Scientology in all its aspects 'off

the hook' with the IRS ... " The means to be used included "monitor

IRS handling of audit on 1361 lines" and "ensure 1361 Collection

Line keeps close watch on area of IRS concerned with LRH tax

returns ... "

_ 30 _

Comparatative Roles of These Defendants and the Previously Convicted Co-Defendants -------------------------------------------

The defendant Jane Kember was, during the periods relevant

to the charges of which she was convicted, the Guardian World-

Wide of the Church of Scientology. Her principal role was to

"protect" and "defend" Scientology from all persons and organizations,

private and governmental, whom Scientology viewed or perceived

as its enemies. As such -- after L. Ron Hubbard (the

Founder and Commodore), and Mary Sue Hubbard (the Deputy commodore,

Controller, and Commodore Staff Guardian) -- she was superior in

authority to everyone else within the Guardian's Office. By the

defense's own witnesses this court was told that the defendant

Kember ruled with an iron hand the whole Guardian's Office network

which stretched through dozens of countries in almost every

continent in the world.

Prior to assuming her position as Guardian Word-Wide in the

late 1960s, the defendant Kember served as the Deputy Guardian for

Intelligence (later renamed Information) World-Wide -- a position

assumed about 1967 by her loyal and hard working deputy and now

co-defendant -- Morris Budlong. Thus, both defendants Kember and

Budlong are long-standing, committed and dedicated high officials

of the Guardian's Office. It was unchallenged at their trial

that these two defendants took a leading role in every endeavor

of the Guardian's Office. They drafted, reviewed and issued every

order which commanded the commission of criminal acts. They

demanded total and absolute loyalty and obedience from their

subordinates, awarded them when they obtained it, punished them when

they did not. They demanded to be kept informed of every move

made by their underlings through an elaborate system of weekly

reports and emergency telex messages when the need arose.

_ 31 _

Everyone of the other defendants previously convicted after

a non-jury trial based on an uncontested stipulation of evidence,

with the exception of Mary Sue Hubbard, were below them in the

hierarchy of the Guardian's Office and carried out the orders of

these two defendants. Seven of the other eight defendants

subordinate to Kember and Budlong were convicted of one felony count

carrying a maximum term of incarceration of five years in prison

and a $10,000 fine. In December, 1979, five of them received

sentences of four years incarceration and $10,000 fines; the other

two received sentences of five years in prison and $10,000 fines.

The defendants Kember and Budlong, on the other hand, were

each found guilty following a five-week jury trial, of nine counts

of burglary in the second degree -- felonies each carrying terms

of incareration of "not less than two years nor mor than fifteen

years." 22 D.C. Code sec. 1801(b). We submit that the sentences

this Court will impose upon the defendants Kember and Budlong must

be both commensurate with their role in the crimes of which they

were convicted as well as with the sentences imposed upon their

previously convicted co-defendants.

_ 32 _

VII

Conclusion ----------

The above recitation of evidence establishes beyond dispute

the massive and insidious nature of the crimes these two defendants

engaged in over the years. It also puts to rest their protestation,

articulated by Mary Sue Hubbard from the witness stand, that they

only burglarized Government offices and stole Government documents

because of some imaginary Governmental harrassment campaign against

them.

The brazen and persisten burglaries and thefts directed

against the United States Government were but one minor aspect of

the defendants' wanton assault upon the laws of this country. The

well-orchestrated campaign to thwart the federal Grand Jury

investigation by destroying evidence, giving false evidence in response

to a Grand Jury subpoena, harboring a fugitive, kidnapping a

crucial witness, preparing an elaborate cover-up story, and

assisting in the giving of false statements under oath shows the

comtempt which these defendants had for the judicial system of

this country. Their total disregard for the laws is further made

clear by the criminal campaigns of villification, burglaries and

thefts which they carried out against private and public individuals

and organizations, carefully documented in minute detail. One can

only wonder about the crimes set forth in the documents secreted

in their "Red Box" data. That these defendants were willing to

frame their critics to the point of giving false testimony under

oath against them, and having them arrested and indicted speaks

legion for their disdain for the rule of law. Indeed, they

arrogantly placed themselves above the law meting out ther personal

brand of punishment to those "guilty" of opposing their selfish

aims.

_ 32 _

The crimes committed by these defendants is of a breadth and

scope previously unheard. No building, office, desk, or files was

safe from their snooping and prying. No individual or organization

was free from their despicable scheming and warped minds.

The tools of their trade were miniature transmitters, lock picks,

secret codes, forged credentials, and any other devices they found

necessary to carry out their heinous schemes. It is interesting to

note that the Founder of their organization, unindicted co-conspirator

L. Ron Hubbard, wrote in his dictionary entitled "Modern Management

Technology Defined" that "truth is what is _true_ for you," and

"illegal" is that which is "contrary to statistics or policy" and

not pursuant to Scientology's "approved program." Thus, with the

Founder-Commodore's blessings they could wantonly commit crimes as

long as it was in the interest of Scientology.

These defendants rewarded criminal activities that ended in

success and sternly rebuked those that failed. The standards of

human conduct embodied in such practices represent no less than

the absolute perversion of any known ethical value system. In

view of this, it defies the imagination that these defendants have

the unmitigated audacity to seek to defend their actions in the

name of "religion." That these defendants now attempt to hide

behind the sacred priciples of freedom of religion, freedom of

speech and the right to privacy -- which principles they repeatedly

demonstrated a willingness to violate with impunity -- adds insult

to the injuries which they have inflicted on every element of society.

These defendants, their co-conspirators, their organization,

and any other individual or group that might consider committing

similar crimes, must be given a clear and convincing message:

criminal activities of the types engaged in here shall not be

tolerated by our society.

Moreover, we submit that in imposing any sentence upon these

two defendants, the Court should consider the deterrent effect which

_ 34 _

a severe sentence will have upon others -- besides the defendant

Jane Kember who apparently remains the Guardian World-Wode, all

other members of the Guardian's Office, and L. Ron Hubbard himself,

the ultimate responsible authority. It is clear from the press

releases issued by Scientology following the jury's verdict, and

their vicious actions against another member of this Court, that

they have yet to learn the error of their criminal ways.

The United States submits that the only appropriate punishment

in this case, the only one that is in the best interest of

justice and the public, is a substantial term of incarceration

for each of the two defendants now before the Court.

Moreover, we submit that there is no reason whatsoever under

18 U.S. Code section 3148, why these two defendants should not be

denied bail pending any appeal they wish to take. Both defendants are

in this country _solely_ for trial and the service of any sentence

imposed by this Court, pursuant to an extradition order from

the Government of the United Kingdom. Following the service of

their sentences, they will return to the United Kingdom. They

are not employed in the United States, and, indeed, in at least

the case of the defendant Kember cannot be so employed. Thus, the only

questions which remain are, in the words of 18 U.S. Code sec. 3148,

whether

[a] person ... who has been convicted of an offense and ... has filed an appeal ... [presents] a risk of flight or danger ... or if it appears that an appeal is frivolous or taken for delay ...

We submit that in the instant case, any appeal taken by these

two defendants will be frivolous and taken only for the purpose of

delaying the ultimate day of judgement. The only real issues raised

by the defendants involved the challenge to the jurisdiction of this

Court over the burglary charges, and whether they had standing to

challenge the searches of the two Guardian's Office premises in

Los Angeles, California. The Court of Appeals has already, for all

_ 35 _

practical purposes, resolved against them the former issue. _In_

_Re:_United_States_v._Kember_(Mary_Sue_Hubbard,_et._al., appellants),

D.C. Cir. Nos. 80-2329 to 80-2332 (decided November 24, 1980),

slip op. at 11. As for the standing issue, it has been conclusively

resolved against the defendants, as this Court pointed out, by the

Supreme Court. Additionally, the defendants, international criminals,

whose danger to the community the evidence overwhelmingly

bears out, have been convicted of serious charges carrying severe

penalties and no present a great risk of flight. Thus, we submit,

defendants should be denied bail pending appeal.

Respectfully submitted,

<signature> ------------------------------- CHARLES F. C. RUFF United States Attorney

<signature> ------------------------------- RAYMOND BANOUN Assistant United States Attorney

<signature> ------------------------------- Judith Hetherton Assistant United States Attorney

<signature> ------------------------------- Katherine Winfree Assistant United States Attorney

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