A Fine Mess

WHAT LRH ORDERED: In the early 1980s, prior to his departure, L. Ron Hubbard re-organized the corporate structure of Scientology and ordered the new structure to be implemented. The newly-created governing bodies of Scientology became three California nonprofit religious corporations (i.e, CST, RTC & CSI) with seven separate boards of trustees, general directors and, for CST only, a third board of special directors. See: LRH Intent.

WHAT WAS DONE: The corporate structure has been followed in form only, never in substance. In reality, all the boards of general directors and trustees corporate boards are captive and under the control of one man: David Miscavige. That all organizations and aspects of Scientology is subject to one-man rule by Miscavige is one of those facts universally known to all Scientologists, but which, as with the policy of disconnection, the Church publicly denies.

As stated in PR Series No. 2, one should “NEVER USE LIES IN PR… Texas JusticeAll lies will dead end some day.”

These lies appear destined to dead end in a Texas courtroom. There, the corporate veils of the governing bodies of Scientology are being lifted to expose David Miscavige to personal liability for the alleged harmful actions done under his one-man rule.

It is a fine mess Miscavige finds himself in; one that he created and could have avoided; and one that still has a solution.


The Texas Legal Case

In a nutshell, Monique Rathbun, the wife of Marty Rathbun sued the three governing church corporations (CSI, RTC and CST) as well as David Miscavige, personally, and a few other individuals, claiming that she was harassed, put under constant surveillance, falsely accused of really being a man who had a sex change, and embarrassed at work (a dildo mailed to her, and flowers sent to a female co-worker in Monique’s name).

A Texas court issued a temporary restraining order (TRO) against all defendants, and set the case for hearing on a preliminary injunction. A TRO, as the name implies, is temporary. It lasts only until an evidentiary hearing can determine whether the order should be extended until a full trial of the case can be held to determine whether a permanent injunction should be issued.

The hearing on preliminary injunction was set for Thursday and Friday, September 12th and 13th. Two other matters were squeezed onto the hearing calendar.

One, defendants David Miscavige and RTC made a “special appearance” through a motion contesting the court’s jurisdiction over them. And two, the Church (CSI), which had accepted jurisdiction in Texas, sought to to disqualify Monique’s lawyers on the grounds that they had been tainted by receipt of privileged information from Marty, a witness in the case.

The judge heard partial argument and testimony on all three matters, but resolved none of them due to a lack of time, and continued the hearing until October 18, 2013.

However, based on the Judge’s comments during arguments, and his order that both RTC and CSI make corporate representatives available for deposition in the meantime, Miscavige and his legal case, are in big trouble.


Piercing the Scientology Corporate Veils

Counsel for Miscavige and RTC claimed, essentially, that they were not connected to the alleged wrongdoing, that any harm later proven to have occurred to Monique was the responsibility of CSI, not RTC or Miscavige. Piercing the Corporate ShieldThat position was severely undermined, however, by Marty Rathbun’s affidavit on the inner workings of RTC. Marty details, for example, how Miscavige micro-managed OSA (Office of Special Affairs) by using Marty as secret go-between Miscavige and Mike Rinder, the head of OSA International. This is highly improper because OSA Int is a department (Dept. 20, Div 7) of CSI, a separate corporation from RTC.

The legal significance of this aspect of Monique’s case is huge. All Scientologists should take careful note of it in order to appreciate what is at stake. Certainly, all future litigants against the Church will.

First, a little legal primer. There are two major benefits afforded nonprofit corporations: (1) tax exempt status and (2) protection from personal liability of its officers, directors, and members. In order to qualify for these benefits, corporate formalities, including independent boards of directors, must be followed.

Therefore, if Monique Rathbun can substantiate Marty’s testimony, she can “pierce the corporate veils” and expose David Miscavige, and potentially other directors and officers, to personal liability. A court ruling, and/or the evidence upon which it is based, could also form the basis of a revocation of tax exempt status action.

(In 1967, the IRS revoked tax exempt status for the California Church of Scientology due to lack of corporate board oversight. The California C of S was the-then “mother church” of Scientology and predecessor to CSI, the current “mother church.” The 1967 revocation of tax exempt status led to the “war” with the IRS and the corporate re-structure to remedy that loss of tax exempt status. Regaining tax exempt status was the primary purpose of the re-organization and was such a high priority to LRH that he created a board of special directors in CST who had the sole duty to not only obtain tax exempt status, but to maintain it.)

Therefore, Miscavige, by his failure to carry out LRH Intent to end one-man rule upon his death and govern Scientology through multiple checks and balances among seven (7) boards of trustees and directors in three (3) separate nonprofit religious corporations, and by his refusal to put the interests of Scientology above his own personal interests, has put at risk Scientology’s tax exempt status [fn. 1] in addition to creating the legal and PR quagmire in which Scientology finds itself engulfed, and into which it is sinking ever deeper over the last four years. Attacking whistleblowers never works, as we have previously written; only internal, independent investigations solve the problem of alleged corporate corruption.


Protecting Orthodoxy

On day one of the hearing, CSI’s attorney admitted that the Church surveilled the Rathbuns because they were challenging Scientology’s orthodoxy, by which he meant that Marty was violating the trademarks of Scientology by practicing the religion outside the Church.

A person trained in Scientology “grades” technology (i.e., a Class IV auditor or above) will recognize this statement to be a justification for wrongdoing. In an auditing session, the next question from the auditor would be, “How else did you justify that overt?”

A person trained in the law will recognize the Church’s actions to be vigilantism, or taking the law into one’s own hands in bypass of the legal system in an attempt to effect justice according to one’s own consideration of right and wrong.

For, if it is true that Marty violated Scientology’s trademarks, there is a legal remedy: a lawsuit for trademark violation under the Lanham Act (also known as the Trademark Act).

LRH gave to RTC the Scientology trademarks and the express duty to protect them. David Miscavige is the head of RTC. So why was this simple – and lawful – solution not taken?
Why did (allegedly) David Miscavige resort to sending a dildo in the mail to Monique’s place of employment and engage in other distasteful and legally actionable conduct, instead?

Under the Lanham Act, RTC had three years to file a lawsuit against Marty Rathbun and any other Scientologist who was violating Scientology’s “orthodoxy.” Because Marty set up shop in June 2009, the statute of limitations has expired. RTC is now forever barred from bringing a trademark suit. Arguably, the trademarks of Scientology have become part of the public domain, meaning that Miscavige may have lost the trademarks of Scientology rather than protect them, as he was charged to do.

(By the way, the other rights given to RTC by LRH were Scientology’s trade secrets, in other words, the Upper Levels. In 1983 these were stolen from the Advanced Organization and Saint Hill Organization combined for Europe and Africa (AOSHEU&AF) by a group of former Sea Org members, and the materials were subsequently leaked on the Internet. RTC lost these trade secrets; they are part of the public domain. This means that RTC completely failed its mission and has no purpose for it continued existence. For those Scientologists who still measure a staff member’s value based on production and results, rather than on PR or personality, this colossal failure should be telling.)

The answers to the questions raised above are obvious. First, RTC could not win a trademark violation suit. A person (or organization) suing for trademark violation must come into court with clean hands. Proof of wrongdoing on the part of the plaintiff is a complete defense. And Marty Rathbun, and other former high-ranking Sea Org members at Int Base, claimed that they were only practicing Scientology outside the Church because Miscavige had made life unbearable inside the Church for them: he created a culture of violence and personally beat staff in addition to inflicting them with other cruel and inhumane treatment that no person, even a Sea Org member, should have to endure. See, e.g.: Truth Rundown & Debbie Cook Testimony.

We are mindful that these are allegations, and that the Church has strongly refuted them. But, three points: (1) avoidance of a lawful solution is, like the flight of a criminal, evidence of guilt, and (2) this is not how one handles allegations of corporate corruption, as we have written on this blog: one investigates the claims of whistleblowers; one does not attack the whistleblowers; see point (1); and (3) allegations versus counter allegations do not resolve; like a problem of intention versus counter intention, they persist.

The second answer to the questions raised above is also obvious. Miscavige placed his personal interests – his position as supreme ruler of Scientology – over those of RTC, the aims of Scientology, and the wishes of LRH.


Solution

Here is the solution:

1. Implement the corporate checks and balances as previously established by LRH; that is, empower the boards of trustees and directors;

2. Miscavige step aside pending internal investigations conducted by the boards in conjunction with reputable audit firms and independent of David Miscavige and any subordinates who are implicated in the allegations made by former, long-term senior Sea Org executives;

(p>3. Make public the findings and all corrective actions taken to ensure that any wrongdoing does not recur.

4. Abolish the policies of disconnection, fair game and security checks by reissue of the Reform Code of Scientology. Hear Ron define it in RJ ‘68: Click here; See also: “Reform Code of Scientology” in the Modern Management Technology Defined, First Ed., p. 440.

The first step will bring Scientology into compliance with California law for nonprofit religious corporations and IRS rules and regulations on tax exempt status. Until this step is taken, tax exempt status is at risk. Probably the only reason that the IRS has not yet commenced a revocation hearing is due to a moratorium on revocation hearings pending the appointment of a high enough official within the IRS to authorize such proceedings.

The second and third steps are part of what is often referred to as the American Corporate Protocol for handing allegations of corporate corruption. The protocol evolved through the failure of attacks against whistleblowers and the success of internal investigation, independently conducted (so as to give the investigations and their findings credibility).

In 1968, LRH canceled the polices set forth in step 4 in response to broad public surveys which revealed the general public hated them. As practiced by the Miscavige Administration, these toxic policies are used as control mechanisms that the general public identify with cults. So, naturally, use of the policies define us to be a cult, which damages our communication line to the general public and impedes the aims of Scientology.

Board members of CSI, RTC, and CST (in particular), are requested to consider their actions, and failures to act, in light of their legal and Scientological responsibilities. They can, and we believe, they should, take action. They can contact us. We have specialized law firms on retainer and the resources to help you carry out your duties to solve the situation. We will treat your communications in absolute confidence.


Failure to Solve

The future is easy to predict if the situation is not solved. Just review the events since June 2009. Ever-increasing negative publicity, ever-decreasing public credibility. Ever-increasing independent field, ever-decreasing membership. Media are more emboldened to criticize the Church. Publishers have identified a market for books on Scientology. Filmmakers, too. Lawyers have fine-tuned law suits to pierce Scientology’s corporate veils; a formula for success has been developed; there will be more. One can foresee major legal actions attacking Miscavige and his control mechanisms. The IRS will seek revocation of tax exempt status. All this looms on the horizon.

All this can be reversed. This is good news – for every Scientologist not named David Miscavige or a facilitator therefor.

Footnotes:

1. Tax-exempt status was granted based upon representations made to the IRS that we were in compliance with with the corporate reorganization ordered by LRH. Failure to implement the multiple checks and balances of the three governing corporations of Scientology means that the Miscavige Administration has breached the terms of the 1993 Closing Agreement with the IRS that, after so many years of expensive litigation, resulted in tax exempt status.

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48 Responses to A Fine Mess

  1. Anonymous says:

    This is important information. We have to disseminate this far and wide as a hatting action for all Scientologists as this is a very fluid situation and it is going to get more and more volatile.

    Good job on this guys. Thanks.

    ML Tom

  2. sara says:

    This is a very interesting analysis of the situation Miscavige has got Scientology into.
    If offers also a way out.
    Unfortunately the person of Miscavige will be not willing to implement this solution. His motto seems to be “If I go, then everything goes with me”. He is of course not the first dictator to end this way.

    • admin says:

      The implementation is not DM’s to make; it may be ours. By ours we mean those Scientologists who step up and take responsibility for the mess DM has created. This includes members of the boards of CST and CSI as well as RTC, and their officers. CSI board members allowed DM and RTC to take control of ED International, the worldwide convening authority and OSA Int, CSI’s Department 20. LRH gave CST board members the ultimate safeguard of Scientology in the event RTC got too powerful and out of alignment with the aims of Scientology (as the Guardian Office once did): they can eliminate RTC by buying back the trademarks and trade secrets of Scientology, such as they are, for a mere $200. (See, LRH Intent: http://www.savescientology.com/lrhintent.html)

      All these Scientologists have failed LRH, but can put their hats back on at any time. If they don’t, then it is up to us to by-pass them. We can do this if we decide to. Legal standing to remedy DM’s usurpation of checks and balances rests not only in the board members and officers of CST, CSI and RTC but in governmental entities.

      We’re on top of all this. We have multiple specialized law firms on retainer. We request your support. Please spread the word.

      • sara says:

        I’m afraid it will have to come to a by-pass then. The sooner the better.

      • Safe says:

        Very well written article. Thank you. I believe the well has already been poisoned. So I don’t trust any of the board members, directors, or officers of CSI, CST, and RTC to take appropriate action. By their abdicating their responsibility to keep checks and balances in place, and allowing the David Miscavige’s dictatorship (out of apparent low-toned fear, NOT OT), they contributed to ruining Scientology.

        • admin says:

          Keep in mind that the directors and trustees were not hatted. None of the trustees even know they have lifetime appointments. None of the directors or trustees have even read the bylaws, or understand the multiple checks and balance. They don’t know that David Miscavige has usurped powers given to them by LRH. DM removes and appoints trustees of all three corporations at his whim, when he has no power to do this. As Captain of the Sea Org, DM removes and appoints ecclesiastical officers (of all three corporations) at his whim. All this is unlawful and contrary to the intention of LRH, California law, and IRS tax exempt status rules and regulations (and the 1993 Closing Agreement that granted tax exempt status.

          Lack of hatting = hats not wearing = treason. Naturally, these people aren’t in a condition to do the job right now. Once they are hatted, and realize that their legal duties require them to independently follow the bylaws as written/approved by LRH. The trustees, all of whom were selected/approved for lifetime terms by LRH, cannot (lawfully) be removed by DM. They can only remove a fellow trustee by unanimous vote of the other trustees. They appoint/remove general directors who are then responsible for appointing/removing officers. And so on.

          Hat, don’t hit is the appropriate policy. We understand your concern, but let’s solve this with Scientology and not inspect or condemn before the fact. After all, there are many Scientologists under the radar or speaking out now who were once one of them. We ask you: If you were in their position and are hatted as you are now, would you continue to not wear your hat? Would you kowtow to DM? We didn’t think so.

          Besides, we haven’t revealed all. This will all sort out.

          Name the product. Want it. Get it.

      • Tony DePhillips says:

        I don’t see how you can implement any of this if you try to remain hidden. I wish you well in your endeavors.
        In my opinion it will take courageous opinion leaders to step up and to speak out. As soon as enough do, you will see things starting to crumble. I actually see things crumbling now, but if you wish to implement this saving tactic then I feel people need to overtly come out and shout it from the roof tops for there to be enough time to try to save anything.

  3. Jim Logan says:

    As always, reason and theta the solver prevail at savescientology.com

    Thank you sincerely for your integrity and my due respect to your playing of the long game.

    Jim

  4. Andrea Albrecht from Germany says:

    Hallo Save Scientology,
    bekam den Link gerade. Tolle Wurst. Habe ihn auf Freie Scientology Deutschland, Freie Scientologen gepostet. Vorerst nur auf Englisch, ich übersetze es aber, wenn das angefragt wird. Wäre das ok mit euch? Wollt Ihr die Übersetzung vor dem Posten sehen?

    Well spoken.
    Best from Germany

    • admin says:

      Ich spreche kein Deutsch. (I don’t speak German; got this from a google search) Please translate, Andrea. If you can. If not, someone else, please.

      • sara says:

        I will try to translate for you:

        She just found the link. Hot stuff. I posted it on Free Scientology Germany. For the moment in English. I’translate it when needed. Is that OK with you? Would you like to see my translation before I post it?

      • Anonymous says:

        Note: I ran this through Google Translate which is pretty good from German to English, less so the other direction. FYI. Love, Shreff

        Hello save Scientology
        just got the link. Great sausage. Have him on Free Scientology Germany, posted Free Scientologists. For the time being only in English, I translate it but if that is requested. Would that be ok with you? Do you want to see the translation before posting?

  5. Angela says:

    Thanks for another well written piece of truth.

    While following the recent Texas proceedings in Monique’s case, I recalled what I’d previously read on your blog regarding the system of checks of balances that LRH intended and I agree, David Miscavige has lied his way into a fine mess.

    I hope that anyone from inside the Church – who is reading this blog – will come to their senses and…

    1. Reach out to the Admin of this site for assistance ( no double agents need apply)
    2. Insist on the implementation of the above solution

    In the meantime, I will disseminate this site and the solutions given.

    ♥ Ang

    • AnonIndie says:

      I just came to my senses 2 weeks ago! I’ve been a Scn for 35 years, 12 of them in the S.O. Truth is prevailing! I am safepointing my family and then we are all “coming out” as indies.

  6. Mike Eldredge says:

    Nice write up and explanation. Miscavige and Rathbun have known this for years and just kept on going down this road. Its time to pay the piper. This situation will take years to repair and so the field is taking it into its own hands. Law suits are a form of income for someone always. The reason cancer is not cured is because it has become much too lucrative as an industry. The delivery of Scientology will continue despite any of this.

  7. Ingrid Smith says:

    Superb article. Yes, it is our responsibility to implement a sane and survival solution and it will happen. Thank you for the site you have created.

  8. Pingback: A fine mess | Milestone Two

  9. Frank Davis says:

    Thank you for this. A fine job. So many people who have left the COS since the early 80s (my family and group left 2 weeks after the passing legally of LRH), many have left since then, and during the last few years even some of the former senior execs (never actually thought we would see you guys on our side…we had gotten so used to you being the thorn in our side…but all things in this universe are subject to change save native State…so welcome.!)
    Thanks for what you have done. Many of us had some harassment (but few as bad as was visited upon David mayo and others of high standing in the former church) but many of us continued to audit and train. These got better as more tech was recovered for honest use. Thanks to those who did that. No thanks to those who did more harm than good, but they can change for the better so let it be.
    Cheers and best wishes to Monique and Marty and to all the FZers , Indies or what ever identity one wishes to assume…or none at all. Our own choices.
    Frank Davis

  10. 1984 says:

    There is a lot of crap out there that must be confronted.
    Thank you. It is nice to focus on some theta for a change.

  11. Toni says:

    All officers of the various corporations have pre-signed and undated resignation forms.
    If any one of them utters a peep, they will find themselves declared or RPF’d and removed from any position instantly. It would require for ALL of them to coordinate, meet and vote in secret and that’s not going to happen.
    I’m afraid, the solution lies in exposing Miscaviges crimes and submitting him to the non-scientology justice system.

    • admin says:

      Corporate trustees appoint the general directors who appoint the officers. As we mention on our web pages, our investigation revealed that DM holds undated, signed resignations of all trustees and directors, and keeps them in his safe. This is the practice, but it is an unlawful practice, because it takes the power to remove a director or trustee from the boards of the respective corporations. Similarly with officers. Officers of a corporation serve at the pleasure of the general directors. If this practice is also being done with regard to them, then the power of the general directors to remove/appoint them is being usurped, and the practice is unlawful.

        Note

      : We are aware of the practice of the Captain of the Sea Org to appoint/remove ecclesiastical officers of any and all Scientology organizations, such as the head of OSA, ED Int, etc. This practice is unlawful, violates the 1993 Closing Agreement, and puts at risk tax exempt status. Look at this picture: Miscavige, from his positions as Captain of the Sea Org and head of RTC, removes CSI ED Int, the worldwide convening authority. DM is not a general director of CSI, therefore, the removal is illegal. And, by doing this, he has placed himself above Scientology ethics and justice. Otherwise, ED Int could have done his job and convened a Committee of Evidence when he received evidence of the abuses of DM, as we requested be done in an early article. We are also aware of individuals, who may or my not be connected to this website, who requested a Committee of Evidence be convened

        prior to

      both the knowledge that DM had sent ED Int to the hole and the creation of this website. See, for example, Actions Series 2: CSI Indepence, in which we draw an analogy to the ancient Divine Right of Kings: DM can dispense justice but is not subject to it. To reach this result, DM stomps on the checks and balances put in place by LRH and required by law. He usurps the powers of all boards of directors and trustees of all three corporations. The fact of the matter is that religious corporations must be ultimately controlled and run by their respective boards of directors. An unincorporated religious order CANNOT lawfully take over these functions. Tax exempt status was granted based on (false) representations that the boards of trustees and directors of all three corporations are independent and that corporate formalities are being followed.

      Both officers and general directors have legal standing to enforce corporate law. They do not have to coordinate, meet and vote in secret. Not sure where you got this false datum. They simply have to go to court, or contact us confidentially at info@savescientology.com and we will assist them. It can be a quick cycle. Once legal standing has been asserted, the signed, undated resignations will have no legal effect.

      Moreover, officers and board members aren’t the only ones who have legal standing.

      We are very hatted in this area. There is a solution. We realize that persons unhatted in this area, and those with false data, have resorted to other solutions. Others have been badly restimulated by DM and those acting under his orders, policies and practices, and are angry and getting back at him without necessarily attacking the correct target or having a viable plan aligned to a survival goal. LRH goes into this phenomenon in the lecture, “Attitude and Conduct of Scientology,” 4th London ACC, 3 November 1955. For excerpts of this lecture, go to: http://www.savescientology.com/attitude_conduct_excerpts.pdf.

  12. Angela says:

    Admin,

    Thanks for the link to the lecture excerpts posted above.

  13. Chris Mann says:

    Cancel all the BS Ethics/Justice that has been done in the last ten or more years- like an amnesty or something.
    Either cancel the IAS, or completely redo it so it’s only a membership organization like the HASI. Take whatever money is in the IAS coffers and refund it to anyone who asks, or put it on account. Cancel anything that isnt supported by policy and common sense. Announce that the Church is no longer at war with planet earth and the “Psychs”.
    Elect a group of competent trained and experienced people to start correcting the Church. Turn control of Orgs and Ideal Org buildings over to the Orgs. They can do what staff and public want to do with it. Maybe everyone who donated can vote. They can get refunds and even sell the buildings, but I think people would support the church if some of this was done. The Church would support, but stay out of field activity including missions, field auditing and groups. Independent Scientology would not be fought. Squirrel auditing would be advised against and not supported, but that’s it. No fights. No destroying people. Just some quick ideas off the top of my head…

  14. Trey Lotz says:

    A brilliant exposition of the situation and the solution.

    LRH’s idea for the governance of Scientology ensures that there is group agreement on the up tone application of Scientology, not the kind of group agreement on low toned Scientology that can be generated by one low toned leader.

  15. Dear “Admin”,

    Thank you for posting this very important article. And thank you Lana Mitchell for making it known and providing the link. Your article is vital as it explains to the layman, such as me, what is happening in the Monique Rathbun lawsuit and it points to a direction that could lead to the ultimate demise of Miscavige.

    Allow me to share with you and the readers some thoughts I have about your article.

    1. Under “Solutions” you make four recommendations

    “1. Implement the corporate checks and balances as previously established by LRH; that is, empower the boards of trustees and directors;
    2. Miscavige step aside pending internal investigations conducted by the boards in conjunction with …”
    It is not clear to me how this can happen. You state, rightly, that: “Miscavige placed his personal interests – his position as supreme ruler of Scientology – over those of RTC, the aims of Scientology, and the wishes of LRH.”
    Why would he now relinquish powers or step aside so as to allow those he deposed put order, or LRH’s intent, back in place? If Miscavige wanted to serve Scientology and work loyally for Ron, we wouldn’t be in the position we are now in.
    So it is clear that only powerful and persistent action from outside the Church will remove him.

    2. LRH’s intended structure

    I believe we as active Scientologists share the goal of making Ron’s Tech readily available to all of Mankind, accurate and 100% standard. However, I doubt that implementing LRH’s structure as you propose, or as my friend Trey Lotz suggests, would serve our purpose.
    If LRH’s intended structure was easily dismantled by one individual, barely 25 years old, then it shows this structure to be inherently frail, impractical and lacking “self-protecting” mechanisms.
    Organizations and nations are stable and thriving only when governed by broad agreement of all members/owners/citizens. And they survive only when all members have a say and when those in power are still subject to the rule of the members (“members” meaning here the members of a non-profit organization or the shareholders of a corporation or the citizens of a country).
    I believe that only when the Scientology organization will be based on the power of broad membership, will we expand and reach mankind and be able to peacefully practice Standard Tech.
    I have expounded on these ideas in an article I wrote, titled “Ron’s Single Biggest Mistake”, published on Mike Rinder’s blog here:
    http://www.mikerindersblog.org/dani-lemberger-speaks/.

    3. Bringing Miscavige down.

    You state the following:
    A. Under “Solution”: “We have specialized law firms on retainer and the resources to help you carry out your duties to solve the situation.”
    B. In your reply to Toni’s comment, 16 Sept: “our investigation revealed that DM holds undated, signed resignations of all trustees and directors, and keeps them in his safe. This is the practice, but it is an unlawful practice, … They simply have to go to court, or contact us confidentially at info@savescientology.com and we will assist them. It can be a quick cycle. We are very hatted in this area.”
    C. In your reply to Sara’s comment, 16 Sept: “The implementation is not DM’s to make; it may be ours. By ours we mean those Scientologists who step up and take responsibility for the mess DM has created. … All these Scientologists have failed LRH, … If they don’t, then it is up to us to by-pass them. We can do this if we decide to. Legal standing to remedy DM’s usurpation of checks and balances rests not only in the board members and officers of CST, CSI and RTC but in governmental entities.”

    We know, and you say so earlier, that these board members are in fear of Miscavige and in treason on their duties. They surely will not rise up now to remove him. If you have, as you claim, the resources and expertise to depose him, please, do it!

    4. Under “Piercing the Scientology Corporate Veils”, you state

    “The legal significance of this aspect of Monique’s case is huge. All Scientologists should take careful note of it in order to appreciate what is at stake. Certainly, all future litigants against the Church will.”

    This statement is oh-so-true and valuable. How do we get many more, like Luis Garcia and Monique Rathbun, to sue? Thousands of Scientologists have been criminally assaulted by Miscavige and his mafia-style apparatus. A barrage of hundreds of lawsuits, brought on by Scientologists willing to brave him, will certainly bring an end to his regime.

    5. Who is “savescientology”?

    You, operators of this site, refuse to identify yourselves, only saying you are senior Tech personnel, still in good standing. I think the largest group of Scientologists these days falls under the category of “OLIGS” (Off-Lines-In-Good-Standing).
    What action can a person take when in hiding? How can we unite and support each other when some of us are not willing to expose ourselves?
    I have so many close friends in this group of OLIGS. I cannot grasp what keeps them there. PTSness? False Data? Hang-up at Doubt? Overts? Withholds?
    You, the guys running this site should be in a position of leadership of the “Indie” movement, but this cannot happen when you remain “OLIGS” yourselves.

    Last point: many of my fellow Indies are paranoid, having been harassed by OSA for years. They tend to be highly suspicious of each other. As long as the operators of this site remain under cover, some might suspect this site may be actually a trap set up by OSA itself. You invite top Church execs to contact you. Why would they trust you and expose themselves when you do not do so yourselves.
    Being courageous and exposing oneself is also a matter of providing personal example. It becomes a statement in itself, “There is nothing to fear, but fear itself!” That is why I always write with my full name. All know who I am and can communicate to me at: info@drorcenter.co.il

    Please come forward and join forces with us publicly. Thank you for all you are doing and for publishing this comment.

    Dani Lemberger

    • admin says:

      Dani,

      We wrote our reply to Dezzy’s comment prior to taking up yours. Please see that reply.

      • Dani Lemberger says:

        I read your reply at Dezzy’s, thank you.
        I appreciate your publishing my comment and the good work you are doing, Dani

    • admin says:

      Dani,

      This is an expanded reply to your comments Submitted on 2013/09/19 at 4:05 am.

      You bring up numerous important points, and it has taken us a few days to find the time to give them the attention they deserve.

      Point No. 1

      You stated that it wasn’t clear how, as we suggest in the Solution section of the article, how the trustees and general directors can be empowered and for Miscavige to step aside pending internal investigations conducted by the boards…

      Response to Point No. 1

      The various boards simply need to call a meeting, among themselves. You may envision Finance Police, or something on that order, showing up and carting them off. Perhaps they do, too; and, hence, won’t act. One or more of them should contact this site, and we will hat them, and give them back up and support.

      Here’s the thing to keep in mind. DM’s power is illusory. He is a usurper and has no real power. His actions to date, along this line, are illegal. He has only succeeded because board members were unhatted and unaware of corporate law, the bylaws and LRH’s intentions for checks and balances.

      See our article, Action Series 4: Independence of RTC (Trustees). In that article, we compare DM’s power to that of the Wizard of Oz who fooled the entire Land of Oz into thinking he was an all-powerful wizard but, once the curtain was pulled, was revealed to be nothing more than a harmless, elderly illusionist.

      Our solution is worded as a request for Miscavige to (do the noble thing and) step aside pending the boards conducting the internal investigations. We realize the unlikelihood of him doing this. In that case, the board members can force him aside.

      Ultimately, the law is the law. Nonprofit religious corporations are not owned by any one person. Nor can they be controlled by a single person. The boards are in control. The trustees of each governing Scientology corporation were appointed by life and can only be removed by the boards of trustees themselves, acting independent as a board.

      The courts will enforce the laws, if necessary. There is also the not-insignificant matter of compliance to the 1993 Closing Agreement with the IRS, which also has jurisdiction and can act to enforce compliance.

      Bottom line: There is a solution. It can work. We intend to see it work. We are not alone.

      Point No. 2

      Only powerful and persistent action from outside the Church will remove [DM].

      Response to Point No. 2

      Certainly external action has proved vital in raising public and membership awareness of the internal corruption of the Miscavige Administration. Those actions alone, however, will not bring the existing governance practices into compliance with LRH Intent and nonprofit religious corporate/tax exempt laws. Alone, they cannot bring the organizations into compliance with LRH’s last will and intentions.

      Point No. 3

      If LRH’s intended structure was easily dismantled by one individual barely 25 years old, then it shows the structure to be inherently frail, impractical and lack “self-protecting mechanisms.

      Response to Point No. 3

      The structure was not dismantled; it was never implemented. Miscavige, who had established a sole communication channel to LRH, developed a sole communication channel to corporate lawyers, and kept secret from the trustees and general directors LRH’s Intent, applicable laws, the bylaws of the corporations and the roles entrusted to them. He did this by gaining their confidence and trust. We have yet to find, for example, a trustee who knew he/she had been appointed for life by LRH, or a board member or trustee who read the bylaws or was given any hatting in this area. So, the flaw is not in the structure but in the person in charge of the Mission, David Miscavige. Apparently, Miscavige saw an opportunity to advance his own interests, and took it, lying low until LRH passed.

      The structure is actually quite sound, with more checks and balances and safeguards than any existing religious organization. The ultimate safeguard is the option given to CST to buy back the trade marks and trade secrets from RTC for a mere $200 total. LRH envisioned that RTC, with all that power, might spin out of control, much as the Guardian Office had done, and have to be eliminated. CST would then be free to withdraw the licenses to CSI and license other churches that might further the aims of Scientology.

      See, for example, Article II (f), Bylaws of CST, which reads: “… the terms ‘religion of Scientology’ and ‘Church of Scientology’ shall be co-terminal only so long as churches of Scientology continue, in the opinion of… the Directors and Trustees [of CST] …, to espouse, propagate and practice the religion of Scientology.” See LRH Intent.

      Point No. 4

      You believe that Scientology organizations will only expand and reach mankind and be able to peaceably practice Standard Tech only when they are democratic, i.e., power vests in the membership of Scientology.

      Response to Point No. 4

      We see that you are practicing what you preach, as well. Time will tell how that works out. On the other hand, LRH was quite successful with Scientology organizations, booming them several times, all the while developing the technology and wearing many other hats.

      We found a different WHY, as we point out on our website: that David Miscavige usurped the checks and balances LRH established for the end of one-man rule upon his death. We wonder what conclusions you would have come to, or will come to in the future, had you known the data we present on this website, or were you to fully grasp it.

      The history of democracy is abysmal. Thomas Jefferson, one of America’s Founding Fathers, wrote: (1) “A democracy is nothing more than mob rule, where fifty-one percent of the people may take away the rights of the other forty-nine.” (2) “The best argument against democracy is a five minute conversation with the average voter.” LRH also expressed his negative opinion of, and experiences with, democracies, mentioning that the only thing in common with all people is the reactive mind, and therefore, that group think is reactive think.

      We follow your line of thinking, though. Members are responsible for the condition of Scientology organizations and may be the ultimate safeguard of Scientology. In effect, we are bypassing the boards of directors and trustees of the governing corporations since they have failed to wear their hats. Should we succeed, members in the future will surely insist upon transparency inside the governing corporations and will not be so slow to act next time issues of corruption arise.

      It may be true that members will have to rise up, from time to time, much as Jefferson stated about governments: “The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants.” Without the blood, of course.

      Point No. 5

      How do we get many more, like Luis Garcia and Monique Rathbun to sue?

      Response to Point No. 5

      Failure to handle the situation we have addressed will result in more negative publicity and embolden more lawyers and would-be litigants. The Miscavige Administration will continue to identify whistleblowers and (fair) critics with true enemies, thereby creating more enemies and more media attacks and lawsuits. This is inevitable and self-evident. See, for example, excerpts of the LRH lecture entitled Attitude and Conduct of Scientology which is linked in one of our comments to this article.

      We are not calling for lawsuits. In fact, we are calling for an end to them, you might say, because we seek to handle the underlying situation. Rather than get a court to force the IAS to refund monies to donors who request it back, we would like to see the (unlawfully) amassed funds to be used to finance the mother of all scholarship programs, filling Orgs with students, creating well-trained auditors (trained on LRH checksheets, naturally); and set up adequate health care and facilities for Sea Org members, and a retirement facility or plan for aging Sea Org members.

      The vast majority of people we have interviewed, which includes members of the media, so-called “Independents” and other activists, want the abuses to end, notably, disconnection, fair game directed against people seeking reform (in particular), and security checks (used in an HCO, punitive setting, a form of Black Dianetics, as LRH has used the term. LRH discovered the same thing through broad surveys in 1968 and, based thereon, canceled the policies.

      The first step is to let people know LRH’s Intention for the governance of Scientology; that he wanted one-man rule to end in favor of checks and balances spread among seven boards of directors and trustees of three nonprofit religious corporations; and that he approved and appointed lifetime trustees to bear ultimate responsibility for the corporations – not one person; and that, in fact, CST is a senior corporate echelon to RTC and can eliminate RTC altogether. The trustees of CST have more real, lawful power than a singular board member of RTC.

      Point No. 6

      Who makes up savescientology.com? The people running this site should be in a position of leadership of the “Indie” movement, which can only happen if you go public.

      Response to Point No. 6

      We understand, and are flattered. But your assumption that we are “Indies” is incorrect. We are members of the Church of Scientology International (CSI) and have been for decades.

      We have not left the Church; nor are we going to. If we are supposedly “declared,” which we understand now occurs randomly and without regard to policy, even silently, then we will request a Comm Ev for being falsely declared, which must be given, per policy, and ignore it if one is not granted and carried out per policy. It is OUR (and your) church, and all the work and effort that went into building it, and all the facilities, the reserves, the groups that were built, etc. are what Scientologists everywhere created. We, meaning all of us, you included, created the worldwide activity. We see LRH as source, not DM. We see LRH intention, as expressed in the Scriptures of Scientology (writings and lectures), as Command Intention, not the orders and whims of one who has disregarded Command Intention and supplanted it with his own, and who has dodged Scientology ethics and justice with respect to serious charges of high crimes by many long-time, high-ranking Sea Org members.

      By us taking this position, it should not be interpreted that we have judged those who have taken a different approach, and gone “Indie.” Indeed, we recognize the vital role played by many Indies who have heroically taken the slings and arrows directed at them, and suffered thereby. We feel our experiences and knowledge are better served, at this time, by the anonymous approach we are taking.

      Point No. 7 – Last Point

      Many of your fellow Indies are paranoid, having been harassed by OSA for years. As long as the operators of this site remain under cover, some might suspect this site may actually be a trap set up by OSA.

      Response to Point No. 6

      We would not call it paranoia. It is a legitimate concern with a factual basis.

      And, we might add, many people who have gone Indie, or who have identified themselves publicly, have also turned out to be working with OSA; and if not originally working with OSA, turned to do so. You could know our names and still not be assured that we are not working with OSA, in other words. Knowing who we are guarantees you nothing more than you now have. You can know us by our actions.

      By the way, demanding to know who we are is normally a telltale sign of an OSA operative. Not casting suspicions at you, just saying it works both ways.

      This is a sign of the times we live in.

      Dani, Thanks for your insightful questions and comments, and for visiting our web site. Good luck with the Dror Center. We hope we have adequately responded. If you care to carry on a further dialogue, we invite you to email us at: info@savescientology.com

      • Excellent post, and excellent responses to comments. I have deep respect for Dani, but I disagree with his commentary, and you have provided just the correct response. The tone of your response is exactly correct. In fact the tone of all your responses has been spot on. It lends credibility to the idea that you are part of the good guys and not “plants”. I am, like Dani, suspicious, though less so than he is.

        I would have bet a lot of money that the Church could not be and never would be salvaged. But I thank you for giving me a shred of hope. I think this post is worthy of echoing, and like Lana, will post a link to it on my blog.

  16. Vertreter von Vernunft says:

    This is all very valuable information. Whatever happened to the Watchdog Committee? When I took Staff Status II the chart said they were the ones who were supposed to prevent this sort of thing from happening.

  17. Dezzy says:

    Although I would love to hear from the admins directly, my sense is that the operators of this site are choosing to remain in good standing while they build support to lawfully depose Miscavige. To go public with their identity at this point, would most likely mean they would be declared suppressive by DM or his henchmen. Once declared such, likely their communication lines to the very people they are hoping to educate would be cut-off.

    There are pleas throughout the blog posts for right minded individuals to step up and take the reigns.

    It appears this is directed at all of us, but the subtext is quite clearly directed at the original trustees of the Church of Spiritual Technology, the ones posted by LRH for life. If it is true that they were posted for life, and then were illegally stripped of their positions by DM or his henchmen, then it is also true that they can re-claim those positions. And each and everyone of us can help them do that. But they would have to be located, persuaded to do it and then we would have to be organized. Getting them actually legally reinstated would likely have to be done through litigation. It looks like the operators of this site are suggesting that they would be willing to help move a case like that forward – both with finances and expertise.

    Maybe whoever knows who those original LRH appointed trustee are could make their names public. All of us who have an interest in Scientology would, I’m sure let them know how much support they have in taking on the fight to reclaim their positions. If that were to be done, in one action DM would be stripped of all his ill-gotten power over the church.

    My guess is that there are many, many of us who would help financially, with moral support, and with grass roots volunteering to get the message out.

    So who are these LRH appointed trustees? How do we get in touch with them? Seems like figuring that out is at the top of the battle plan.

    • admin says:

      Dezzy, you can always email us at info@savescientology.com.

      We appreciate your insight and hopefully Dani will review your comments. We are reminded of an LRH lecture during which he was asked for a judgment on people who do/don’t do some particular thing and he answered that he didn’t have an opinion; that there were too many variables. We will try to dig up that reference. The point is that many, many Scientologists do not like what the Miscavige Administration is doing but do not feel that going public or renouncing membership in the Church is the right thing for them to do presently, if ever — far many, many different reasons, too many for others to judge. Suffice it to say, speaking for us: we have our reasons for not coming out, and we do not want to discuss them, just as we do not disclose all our strategy, the law firms we have engaged, the people who support us (financially and in other ways), and so on. We are doing what we feel is the correct thing for us to do to fix this situation. If we succeed, then, overall, we will have done the right thing. That would probably be the best time to judge us for those wont to do it.

      Earlier on the blog, we ran an action series. We didn’t ask for people’s names. We have discovered that the great majority of Scientologists do not like the situation we find ourselves in and want the Miscavige Administration to end. Joining forces is a very tricky thing, given the circumstances. We also discovered that the vast majority of people want to “remain under the radar” until a time for action will likely result in a change. Based on this survey data we then engaged on a program of getting supporters to spread the word to each of their close circle of friends, and having those people, in turn, spread the word to their close circle of friends. All this can be done without revealing names. In this way, cells have developed. The time will come when the support will be meaningful, when people can stand up and ensure that LRH’s orders for the checks and balances over Scientology organizations is implemented and the true source — and Command Intention — of Scientology is restored. We will announce it when that time arrives. We will then give specifics, including our names.

    • Dani Lemberger says:

      Hello Dezzy,
      I have a hard time communicating when I don’t know who it’s to. Why do you, and so many others commenting, hide your identity?
      Anyhow, I’ll try to keep my TR’s in confronting a blank.
      You suggest, “Maybe whoever knows who those original LRH appointed trustee are could make their names public. All of us who have an interest in Scientology would, I’m sure let them know how much support they have in taking on the fight to reclaim their positions…” and “So who are these LRH appointed trustees? How do we get in touch with them?”

      Sounds like you think they deserve our support, even sympathy.
      These guys, if they ever exisited, were in betrayal when they let Miscavige junk them and now, many years later, are below confusion, in apathy or simply dead.
      They were useless then and can do no good in the future. If Ron gave them appointments for life that was his huge mistake. We forgive Ron, for all the other great gifts he did give us. But still, we need to fix this gross error. Any appoiontment is always temporary, as long as the stats of the area go up. Stats keep going down and down, you replace the person. Even if years ago he was friends with God or with Ron. In PT he’s no longer any good, so you replace him. You can give him a nice pension if he contributed in the past.
      So we must now re-create the Scientology organization, I’ve given my proposals on that. If we do not become an organization owned and controlled by the broad membership, we will cease to erxist, like all dictatorships.
      There are several small groups, such as Dror Center, Israel or LEC, Idaho or John Williams’s group, Georgia, that are getting the job done of training and delivering the full Bridge. There’s hundreds of individual practitioners who audit. So maybe that’s where Scientology is going. But the big organization is doomed unless it’s restructured based on the membership, I called it a “Member-ocracy”.
      Thanks, Dani

  18. This is a response to you Dani and to all those who would have everybody expose themselves. Don’t judge. If you are already declared and your family is disconnected from you, or if all your family is out of Scientology, do not judge those who are not in this situation.

    As for the solution offered by Admin, it cannot work as long as dm holds the rains. The only solution is to topple the organization.

    • Tony DePhillips says:

      My only judgment is that if you try to remain hidden then you cannot be as effective as you would need to be to try to save the ship. It’s ok to be secretive, but not so easy to be secretive and effective enough to pull off this grand scheme.

      • AnonIndie says:

        Hi Tony,
        I appreciate your stance and believe that you have very high integrity. However, I don’t necessarily think that it is true that remaining hidden is an ineffective approach. I am an anonymous indie and I’ve been using a gradient approach with friends and family, exposing them to a little bit of truth at a time and letting them make up their own minds. I’ve used this approach on two people so far, and so far both of them have cognited and become indies. If I cut all my commlines with a sudden shocking announcement, then I will have no channel upon which to communicate the truth (Scns in good standing won’t read “anti-Scn” web sites). The reference I am using is The Safe Point from the PR series. “It is necessary of course to have a safe place to get into, from which one can in safety speak up. One cannot defend himself in a point that has no defenses.” (LRH). I think at a certain point it does become important to make it clear what side you’re on, but it doesn’t do anyone any good to blow up their dynamics and commlines with a rash announcement.

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  22. Theo Sismanides says:

    Hello and hank you for the article and for the blog from Athens, Greece. I will be following it.

    It’s great to have such people like you guys who do something about it. I have been out of the SO since 2000 but still a Scientologist.

    All we need to do is stick to Standard Tech and Admin as given by LRH and we can make it. The more we get the better it is.

  23. David says:

    When does David Miscavage get his sec check? and write up all his O/W’s? CofS is in Treason and DM is the cause… many of us didn’t stop him though… but now it can’t be ignored any longer.

  24. AnonIndie says:

    Terrific article. Your references are completely spot on.

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