GRAHAM E. BERRY Letter covering Scientology's Fair Game racketeering

Specifically, and among other things, the Committee is requested to investigate and to take appropriate action in connection with the following matters:

• A. THE IRS' GRANTING OF PREFERENTIAL FULL TAX-EXEMPT STATUS
  • 1. The IRS' 1993 granting of conditional full tax-exempt status to 150 churches and corporations of Scientology and the 1999 confirmation of that status, including:

  • 2. Whether the IRS may ignore decisions of the U.S. Supreme Court holding that certain claimed tax deductions are unlawful and unconstitutional (see generally: The Andrew Card Letter, pp. 5-7, The Ashcroft Letter p. 35);

  • 3. Whether the IRS may confer tax benefits upon Scientology and Scientologists that are not available to any other religious organization or citizen (see generally: The Andrew Card Letter, pp. 5-7, 15);

  • 4. Whether the IRS may enter into secret tax agreements with a religious corporation that provides tax benefits previously determined by the U.S. Supreme Court to be unlawful and to contractually agree that the IRS will not extend those same tax benefits to "a religious corporation other than a Church of Scientology " emphasis added (see generally: The Andrew Card Letter, pp. 6, 15);

  • 5. Whether the IRS-Scientology tax agreement should be voided on the grounds of material secular misrepresentations within the revised 1993 Scientology Form 1023 and/or material breaches of representations made as to Scientology's post-1993 secular conduct including the continuing use of the Scientology "Fair Game" Policies and Practices (see generally, The Andrew Card Letter, pp. 3-4, 8, 15-21 and The Ashcroft Letter, pp. 24-86, 90-95, 110, 112, 88, 116-130);

  • 6. The circumstances surrounding the 1993 IRS reversal of its twenty-year opposition to full tax-exempt status and whether those circumstances included harassment, intimidation, extortion, blackmail, other criminal conduct, fraud and other wrongful conduct (see generally, The Andrew Card Letter, pp. 9-21 and The Ashcroft Letter, pp. 10, 15-20, 88, 90, 103, 128, 131);

  • 7. The U.S. Federal Government's contractual agreement to assist, and actual participation, in Scientology's expansion in foreign countries (see generally, The Andrew Card Letter, page 10 and The Ashcroft Letter, pp. 90, 102);

  • 8. Scientology's written policies of "taking over the control or allegiance of key political figures," "the proprietors of all news media," "those who monitor international finance" (see generally, The Ashcroft Letter pp. 26-27, 102-128);

  • 9. Scientology's written policies and practices known as "Fair Game" which mandate the abuse of litigation and the use of other overt and covert means to "harass," "terrify" and/or "utterly destroy" those Scientology perceives as its "enemies" (see generally, The Ashcroft Letter, pp. 10, 11, 15-96, 100-102, 108-112, 116-128);

  • 10. Whether a not-for-profit fully tax-exempt religious organization in the United States may, and whether Scientology does, derive income either directly or indirectly from a related corporation (such as the World Institute of Scientology Enterprises ["WISE]"), which uses so-called "secular technology" in the commercial marketplace (that under different names is also considered to be "religious technology"). In the case of WISE, businesses owned by Scientologists are licensed to use the "secular technology" of Scientology's founder in exchange for license fees often exceeding ten percent of gross revenues.

    Both WISE and the senior Church corporation, RTC, may regulate the commercial use of the "secular technology" and may even enter onto those businesses premises, close them down and seize their assets. WISE is fully represented on the Church management board and is called "The Watch Dog Committee." The 1993 IRS-Scientology tax agreement required WISE to be disbanded no later than 1995. However, this material contractual provision has been ignored by both Scientology and the IRS (see generally, The Ashcroft Letter, pp. 105-110, 120)

• B. THE USE OF TAX EXEMPT FUNDS FOR FORCED ABORTIONS AND OTHER FAMILY AND HUMAN RIGHTS VIOLATIONS
  • 1. Whether a not-for-profit fully tax-exempt religious organization in the United States may use, and whether Scientology does use, tax exempt monies as part of the Scientology policy and practice of requiring certain staffers (such as Scientology's Sea Organization members) to have abortions (see generally, The Ashcroft Letter, pp. 97-99);

  • 2. Whether a not-for-profit fully tax-exempt religious organization in the United States may use, and whether Scientology does use, tax exempt monies as part of secular policies and practices that include child labor law violations and other civil and human rights violations (see generally, The Ashcroft Letter, pp. 21, 23-25, 39, 82, 97-104, 110,);

  • 3. Whether a not-for-profit fully tax-exempt religious organization in the United States may use, and whether Scientology does use, tax exempt and other monies as part of policies and practices intended to "utterly destroy" those citizens and others (such as the former IRS Section 501(c)(3) Cult Awareness Network) that the religious corporation (Scientology) deems to impede its objectives (see generally, The Ashcroft Letter, pp. 10, 11, 15-96, 100-102, 110-112, 116-128).

• C. THE POST-1993 REFUSAL/FAILURE OF FEDERAL, STATE AND LOCAL LAW ENFORCEMENT AND OTHER AGENCIES TO INVESTIGATE AND PROSECUTE COMPLAINTS, CORRUPTION AND INCIDENTS INVOLVING SCIENTOLOGY
  • 1. Scientology's R.I.C.O. enterprise, corruption and obstruction of justice as exemplified by cases, incidents and circumstances that include:
    • (a) Berry v. Cipriano, Barton and Miscavige, Hurtado v. Berry, Moxon v. Berry, Barton v. Berry, Church of Scientology v. Berry, People v. Hurtado, State Bar of California v. Berry, Pattinson v. Church of Scientology, Pattinson v. Miscavige and the retaliatory Reveillere v. Pattinson (see generally, The Ashcroft Letter, pp. 9-86, 93, 108, 110, 116-120, 130);

    • (b) Church of Scientology International v. Fishman & Geertz, Fishman & Geertz v. Scientology and the retaliatory Abelson v. Greene (see generally, The Ashcroft Letter, pp. 22-25, 33-3, 83);

    • (c) Religious Technology Center v. Netcom, Religious Technology Center v. Erlich, Religious Technology Center v. Ward, Religious Technology Center v. Lerma; Religious Technology Center v. Factnet, In re The Estate of L. Ron Hubbard, Religious Technology Center v. Henson and the related bankruptcy and other cases (see generally, The Ashcroft Letter, pp. 23-24, 34, 36-40, 82);

    • (d) Wollersheim v. Church of Scientology and the six retaliatory law suits filed by Scientology against Wollersheim (see generally, The Ashcroft Letter, pp. 22-25, 40, 120)

    • (e) The more than 40 law suits filed by Scientology representatives against the old Cult Awareness Network ("CAN"), Scott v. Ross and the related CAN Bankruptcy Proceedings (see generally, The Ashcroft Letter, pp. 25, 37-38 and Hart v. Cult Awareness Network, 13 Cal. App.4th. 777 (1993);

    • (f) Barton v. Henson, Hoden v. Henson, People [Barton] v. Henson, People [Barton] v. Henson, People [Scientology Hemet] v. Henson, Religious Technology Center v. Henson [Bankruptcy Adversary proceeding] (see generally, The Ashcroft Letter, pp. 22, 39-40, 43, 73);

    • (g) The six plus Scientology v. Armstrong cases (see generally, The Ashcroft Letter, p. 22);

    • (h) Hill v. Church of Scientology and Woods v. Church of Scientology (see generally, The Ashcroft Letter, pp. 93-95);

    • (i) Estate of Lisa McPherson v. Church of Scientology, the related pressures upon Clearwater Medical Examiner, Joan Woods, to reverse her official findings as to the cause of death and the retaliatory litigation against the Lisa McPherson Trust (see generally, The Ashcroft Letter, p. 96);

    • (j) Heller [Scientology] v. Caberta and other Scientology retaliatory activities against German government official Ursula Caberta (see generally, The Ashcroft Letter, p. 108);

    • (k) Scientology litigation and Scientology instigated litigation and other "Fair Game" activities against Robert S. Minton, former Deputy Scientology leader Jesse Prince, former Hubbard writing partner David Mayo, Werner Erhard, Mark Bunker, Ken Dandar, Esq., Ford Greene, Esq., Ida Camburn, Arel Lucas, Keith Henson, Robert Vaughan Young, Stacy Brooks, William T. Jordan, Tory Christman, Tom Padgett, Richard Behar, Gabe Cazares, Paulette Cooper and numerous others (see generally, The Ashcroft Letter, pp. 20, 22, 72-74, 92, 93, 110-111);

    • (l) Demonstrable violations of federal and/or state penal and other statutory provisions by Scientology retained lawyers and investigators including: Kendrick L. Moxon; Helena Kobrin; Ava Paquette; Elliot Abelson; Gerald Feffer; Samuel D. Rosen; Barbara Reeves; Donald Wager; Gerald Chaleff and Eugene Ingram (see generally, The Ashcroft Letter, pp. 9-14, 18-86, 117-118, 120, 126, 128-132);

    • (m) The apparent corruption of certain federal and state judges presiding over Scientology related litigation and other matters such as the "pressure" upon Judges Ideman and Swearinger and the conflicts of interest of Judge Alexander Williams III (see generally, The Ashcroft Letter pp. 23, 35, 40, 42-45, 48, 50, 56, 61-65, 73, 75-76, 81, 119, 132);

    • (n) The apparent Scientology related corruption of certain persons within the Los Angeles and Riverside District Attorney's Offices in California and the Clearwater Police Department in Florida (see generally, The Ashcroft Letter pp. 9-14, 32-33, 53-54, 56, 59, 66-68, 70-72, 75-86);

    • (o) The F.B.I.'s post-1993 practice and pattern of refusing and/or failing to properly investigate criminal complaints involving Scientology's secular conduct (see generally, The Ashcroft Letter, pp. 12-14, 16-17, 32-33, 53-54, 56, 59, 66-68, 70-73, 75-86, 106, 127-129)

  • 2. Numerous unlawful confinements, kidnappings, deaths and unexplained disappearances of people at or near Scientology facilities such as the Fort Harrison Hotel in Clearwater, Florida and the Scientology high security compounds at Gilman Hot Springs and Happy Valley near Hemet in California. Such deaths include Flo Barnett, Roxanne Friend, Noah Lottick, Philip Gale, Lisa McPherson, Ashlee Shaner and Stacy Moxon. See generally: the Wollersheim Declaration and the approximately 40 other declarations filed in support of Dr. Geertz's F. R. Civ. P. Rule 11 motion in Church of Scientology v. Fishman & Geertz [temporarily sealed] and The Ashcroft Letter, pp. 10, 22-24, 34, 64-65, 96).

  • 3. Various Scientology-related secular financial frauds committed in the United States and various European nations. These financial frauds include bankruptcy fraud, the largest "ponzi" scheme in U.S. history (the pending Slatkin case), the recently settled Lopez case, the Fishman case, the Hamburg (Germany) housing frauds and internal Scientology credit card fraud such as "The Amex card cycle" (see generally, The Ashcroft Letter, pp. 10, 65, 100-105, 110, 117, 120).

• D. THE EUROPEAN REFUSAL TO GRANT SCIENTOLOGY RELIGIOUS AND/OR TAX-EXEMPT STATUS AND ITS CLASSIFICATION IN EUROPE AS A "PYSCHO-TERROR" ORGANIZATION
  • 1. The British Government's refusal to grant tax-exempt status to Scientology upon the grounds that it lacks any charitable and socially redeeming qualities; the denial of religious/tax-exempt status in other nations such as France, Belgium, Germany, Spain, Israel, Greece and Russia; the police raids of Scientology (and document seizures) in Belgium, Russia, Spain, France and Greece (see generally, The Ashcroft Letter, pp. 82, 93, 95, 120).

  • 2. The German conclusion that Scientology is a seditious totalitarian "psycho-terror" group intent upon global domination and engaged in money-laundering and financial crimes (see generally, The Ashcroft Letter, pp. 23-24, 27-33, 121-125).

  • 3. The testimony as to the Scientology compound near Hemet, California being "armed and dangerous" (see generally, The Ashcroft Letter, p. 105).

  • 4. Whether there should be U.S. government surveillance of Scientology as part of the United States' War Against Terrorism for the same reasons as that similar surveillance has been conducted in Europe for a number of years. Official electronic surveillance of Scientology was recently upheld by the courts in Germany for reasons of internal security, national security and the protection of the State and its democratic processes (see generally, The Ashcroft Letter, pp. 9-22, 27-32, 35, 38-39, 77, 82-83, 86, 90-93, 96-98, 102-104, 107-119, 111, 116, 119, 121-132)

There is vast evidence to support this formal request and petition for the convening of a full inquiry, review, investigation and hearings into certain matters pertaining to Scientology. Some of this evidence is in my personal possession. In addition, I am knowledgeable as to where the rest of the supporting evidence can be obtained. I am available at any time to provide the Committee's staff with whatever assistance it may request.

Sincerely,

Graham E. Berry

The name "Scientology"® is trademarked to the "Church" of Scientology. Neither this web page, nor this web site, nor any of the individuals mentioned herein assisting to educate the public about the Scientology organization's Fair Game policy are members of or representitives of the Scientology organization.

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