NoName

A Girl Has No Name
Agree, and didn't mean to imply that with no other option than to give up 1/3 or more, someone should simply abandon all thoughts of legal redress. Apologies for writing in an unclear manner. My thoughts were on the unscrupulous few who would file suit in a 'go-through-the-motions'-type way, with no actual experience in this type of litigation, expecting a fast settlement offer from CO$.

Obviously, if, for whatever reason, CO$ didn't offer to settle in that scenario, the client would be in a very bad position -- the suit's filed, an inexperienced/unmotivated attorney's 'in charge' and the clock's ticking/game's on. Messy all the way around -- and CO$ would likely prevail. Not an outcome any reasonable person would want to see.

I've wondered about Federal vs. State suits re: allegations of fraud. In some states, treble damages are awarded to those who successfully prove such has occurred.

JB.

I believe that is the case for federal as well. And also, is this Co$ case in federal court due to diversity? Cause that could make a difference on which law is applied as well. At this point the entire complaint is a tl;dr for me.
 

NoName

A Girl Has No Name
...

Au contraire, my friend. Your theory that superstars won't charge too much is not borne out in practice.

In the world of top-flight professionals (any field, industry or endeavor) "someone worth their salt" can charge whatever the market bears, and that is EXACTLY what they do.

Witness a brilliantly talented photographer who can command $1,000 for doing a simple two-hour portrait shot. Now let's ask Annie Leibowitz how much she will charge for doing that portrait.

What's that you say, Annie, you are going to charge $75,000 for the same portrait?

Hmmm, that doesn't sound fair, does it? LOL

Hey, what's the big deal, just use your iPhone and take a photo for free, right?

I called Paul McCartney earlier today to ask him how much he would charge to come to my kid's birthday party and sing "HAPPY BIRTHDAY". Jeeez, you wouldn't believe how much he told me--that guy is soooooo out exchange! LOL.

I was actually asserting the converse of that statement.

The superstars can and will charge a lot. But so will the shitheads who are desperate to make a buck to survive. Some of them go months without legitimate business because they suck ass at what they do, and when they get a paying customer through the door they'll shake them down.

In other words, it's not the superstars I'm worried about.... At the end of they day, they tend to earn their high pay.
 

Lermanet_com

Gold Meritorious Patron
In a very poignant way, the spontaneous birth of Anonymous closely parallels the origins of Christ in that nobody initially got f*cked. [/COLOR]

Wow, Nice quote!

BUT! it was not without attempted rapes...one of which I helped stop:

There was a guy named Greg Housh (I know I spelled it wrong)
who was charged with trespass I think in Boston. Gregg was a sharp guy. He listened to me. He was a big shot on WhyWeProtest board.

We chatted after that happened and I told him to call Bob Minton's Boston Lawyers
and ask for - well, its was Scottish or Irish name, he was the lawyer that sat with Bob when Moxon acted as prosecuting attorney for criminal charges for perjury brought in Boston state court, which had been remanded to Pinellas court cause thats where the docs all were.. so it didn't show up on the Pinellas Case docket! The cult brought it in Boston so they could later seize his house in Boston for civil damages.

Moxon conducted the prosecution, introducing page after page of perjuries, mostly about the monies he had given to Dandar.. Having been directed by Ken to not tell them how much money he had given to Ken for the Lisa McPherson case. (yeah perhaps Ken was trying to hide some income too).. When its millions of dollars at stake the impossible becomes quite plausible.

Bob was being worn down by the endless testimonies and cross examinations...The court was being used as an Interrogation Chamber to break the man. After hours of Moxon introducing exhibit after exhibit from the hundreds of hours Bob was on the witness stand, or in depositions...Moxon rested his case. McHenny < ( Lawyers name sounded like this..) Bobs lawyer stood up and asked Judge Shaffer (spelling) - The prosecution has rested? The Judge nodded. The he said under the criminal code (citation number) of the state - a witness affidavid is required to be filed in the instant case.. as only evidence from prior cases has been filed, I move for dismissal of all charges. (Double jeapordy rule, Bob could not be tried again for criminal perjury)

Judge Shaffer said "You got me!" Case dismissed.

This was the lawyer and action where Bob Minton saw GOD.

Because Bob was an investment banker, and criminal perjury is a felony, so he would be unemployable! And his wife had just removed 20 million from their join account not too long before this. After she got a call from someone at OSA who said "Stacy and Bob slept in your bed last night"

That night he called me for the first time in a long time other than new years eve...and told this to me.

----------------

Anyway, I told greg to call Macklhenny (apologies) at the firm in Boston, He asked Gregg a couple of questions to which Greg answered properly and Bob's old lawfirm, perhaps out of their infinite respect for their past client, provided a TOP lawyer gal who had successfully prosecuted 5 cases just like Scientology had brought against Gregg Housh! And had managing partners who knew exactly what kind of rodent they were dealing with in $cientology.

Hey DM, and I was thinking at the time how much you would enjoy this ditty some day.



So Bob Minton saved Anonymous a criminal rap in Boston!

And I last heard Gregg got married to a fine tart on Martha's Vinyard!

I hope they live happily ever after.

Arnie Lerma
 

Xenu's Boyfriend

Silver Meritorious Patron
Just an aside: When I first heard about Scientology and I learned about the Celebrity Centre and Hubbard's focus on celebrities in the organization and the way he actively recruited them - people like Walt Disney and Marlene Dietrich - I thought, what a great idea. These successful artists will be spokespeople and bring other people into the organization.

What I think he may not have counted on was the fact that this also has the opposite effect. Whereas, if someone in Podunk, Iowa decides to sue the Catholic Church or a Buddhist group or Jewish Temple (with the exception of the scandal of the sexual abuse cases) in most instances we probably wouldn't hear about it or care. But Scientology is always news worthy, because of the celebrities attached to it.

My point is that people like Luis and anyone else who decides to go after the church or write about it candidly from a previous position of power are instantly international news - at the time of this writing, Wright's book is #2 on the New York Times Best Seller list. The Church has used its celebrities for it's own gain all these years, but that same celebrity power is going to eventually be their undoing.
 

Feral

Rogue male
...

Another comment on lawyer contingencies. An analogy. . .

A rancher finds a small golden nugget on their property. He determines that he may have a rich gold mine and wishes to hire a mining company to excavate and explore. All the gold mining companies give estimates that it will cost appx. $1M to do that, considering that the nugget was recovered from a cave on a steep mountain facing. The scaffolding costs and risks to miners at such perilous heights is quite considerable.

The mining companies ask for 90% of the proceeds of the mine, if it bears gold.

The rancher is outraged that he will only receive 10%.

The mining company suggests that they can be paid in cash for the million dollars of expenses, labor, equipment and insurance to excavate--and keep 90% of the yield, if any. The rancher says he doesn't have a million dollars.

The mining company suggests an alternative which would give the rancher 100% of the yield. To mine it himself.

The rancher doesn't have any idea how to so.

That's essentially the position someone suing the Church of Scientology is in. They have no clue what they are doing or no means to pay any professionals to do it for them.

And there is absolutely NO GUARANTEE that there is any gold in the mine to begin with.

All things considered, I think that this Indie Scientologists was extraordinarily fortunate that such a formidable and brilliant lawyer would take the case under ANY contingency.

I am thrilled to see the playing field leveled against the terror cult of dirty tricks. Game on!!

I thought I'd add some back story here to the litigation saga.

Around 2008 I started trying to put a class action together, I began with Graham Berry and requested him to write the cult, he agreed but I couldn't get him to begin, I called Ford Greene, he was most discouraging and stipulated that he wanted 50% contingency. When it looked as though I was entertaining that he hastily added, "plus costs!" In time I moved to the only other litigator available with CofS experience, Barry Van Sickle, and we started putting a 'class' together. He felt it was getting big and brought in Metzger Group, who weren't happy with the numbers they could get together and dropped us.

Basically I couldn't see how it could be done and I was trying to do it from Australia and have it go to trial in the US, I was unfamiliar with the way lawyers were licensed state by state.

We had the option to take it on in Australia, arguing if they had an office here and we were Australians we could contend fraud under Australian laws.

After hitting enough barriers I went back to my plow and tractor, deciding that if we were having this much trouble starting that we may not enjoy the long haul.

This Garcia case has the best of the former Cof$ legals on it as well as a truly tenacious law firm, the day of reckoning is nigh.

I'm very pleased that Garcia is running with the baton and will be getting on board myself should they prevail, as I encourage anyone else who has been defrauded by the Cof$ to do. The floodgates are opening. :)
 

Student of Trinity

Silver Meritorious Patron
Garcia landing a big-time lawyer just now may not be coincidence. Lawyers need publicity, too. Suing Scientology just now may be very good for a lawyer's business, by giving a nice boost to his or her brand as a go-to person for suing big, bad corporations.
 

phenomanon

Canyon
The F.A.I.R. Class Action suit never got off the ground because there were dozens of us and each had a different complaint. Altho there were, of course, common denominators in the complaints, Michael Flynn, ( FAIR lawyer until he settled with some of the plantiffs in other cases, and turned the Class complaints over to 2 lame lawyers) Anyways, a Class action suit will fall apart if some number of the plaintiffs settle. I remember Homer Shomer, I dunno who else settled around that time
Sigh.
I'm SO happy to see this Fraud suit. And SO happy to hear that this Lawyer is willing to confront the CoS "Juggernaut".
I do SO hope that DM's Books are ordered opened to IRS.
Woot!

phenomanon
 
:
:
If the space alien cult scam of scientology is successfully sued for fraud, and there were many such cases following the first, how inevitable would it be for the the IRS or some other agency to have an investigation into cult tax exemption? Successful fraud cases would mean that tax payers are being ripped off as well as the immediate fraud victims. They could not possibly NOT review tax exemption, right?

Could tax payers sue the IRS for using their taxes to support fraudsters, or for that matter, the COS convicted of any crime even if the current fraud case were not happening?
 

Type4_PTS

Diamond Invictus SP
International Business Times:
http://www.ibtimes.com/latest-scien...end-david-miscavige-church-tom-cruise-1040412

Is Latest Scientology Lawsuit The Beginning Of The End For David Miscavige And The Church Of Tom Cruise
BY Ellen Killoran | January 27 2013 10:31 AM

On Tuesday, former prominent Scientologists Luis and Rocio Garcia filed a federal lawsuit against the Church of Scientology, charging fraud over the use of donations given to the church toward what the plaintiffs believed were charitable causes, and accusing the church of unlawfully refusing to grant refunds to members who paid for services that were not rendered.
B6178282.4;sz=1x1;pc=[TPAS_ID];ord=[timestamp]


Some familiar with the inner workings of the church believe the lawsuit has the power to start a chain reaction that could ultimately unravel the deeply controversial and mysterious religion – or at least deal a devastating blow to Scientology’s core leadership, headed by David Miscavige.

The Garcias were among a group of Scientologists who donated a total in excess of $200 million toward the construction of the so-called “Superpower Building” in Clearwater, Fla., which has not yet opened more than 14 years after its groundbreaking ceremony. According to the lawsuit, the Church of Scientology Religious Trust – Scientology’s fundraising arm – reported to the IRS in 1993 its intention to raise $40 million for the construction of the building, raising the question of where the balance has been directed.

The lawsuit takes direct aim at the controversial Miscavige, who has been accused of all manner of impropriety since becoming the face of Scientology – from beating church staff, to embezzlement, to being somehow involved in the presumed disappearance of his wife, who has not been seen in public since 2006, though the church maintains she is alive and well. Through it all, Miscavige has remained a close friend and confidant to Scientology’s most famous member, Tom Cruise. He served as best man in Cruise’s wedding to Katie Holmes, and was implicated as playing a central role in the alleged “girlfriend auditions” for Cruise that supposedly led to that now-dissolved union.

“The Church, under the leadership of David Miscavige, has strayed from its founding principles and morphed into a secular enterprise whose primary purpose is taking people’s money,” the lawsuit claims.

The Garcias are not the first ex-Scientologists to file a complaint against the controversial church, which has largely avoided serious legal penalties by invoking the First Amendment’s freedom of religion protection. Most recently, in July 2012, the 9th U.S. Circuit Court of Appeals rejected Claire and Marc Headley’s claims that they were forced into unpaid labor while longtime members of the Church of Scientology. The three-judge panel ruled that the Headleys were submitting voluntarily to the rules set forth by the Sea Organization – “Sea Org” – which is a division of the church.


Read Full Article Here: http://www.ibtimes.com/latest-scien...end-david-miscavige-church-tom-cruise-1040412

 

CommunicatorIC

@IndieScieNews on Twitter
Church of Scientology 'misused donations to fund David Miscavige's lavish lifestyle'

Church of Scientology 'misused donations to fund David Miscavige's lavish lifestyle'

http://www.telegraph.co.uk/news/wor...o-fund-David-Miscaviges-lavish-lifestyle.html

Excerpts:
The Church of Scientology is facing a multimillion-dollar wave of lawsuits from defectors who claim that the controversial group misused donations to fund its leader's lavish lifestyle.
"I have been contacted by 20 defectors who basically have the same story," Mr Babbitt told The Daily Telegraph. "They are unhappy people. They want their money back, but they also want injunctions to stop the Church doing this in the future".

Mr Babbitt, a veteran lawyer in Palm Beach working alongside another in Miami, said that the ex-members preparing to take action had claims ranging from "$30,000 to millions of dollars".
 

JBWriter

Happy Sapien
Re: COS sued for fraud - Garcia v. Scientology

:bump2: ...since the Judge in this case is expected to consider the scope of previously-issued subpoenas today.

JB.
 

Lermanet_com

Gold Meritorious Patron
(good stuff snipped)

I guess its about time for David Miscavige to go "off lines", just like Ole Fatso did "back in the day". Now, who could possibly be in a position to replace him?


A court appointed trustee to dispose of all assets and return the funds to the victims
 

Gib

Crusader
A court appointed trustee to dispose of all assets and return the funds to the victims

now as Infinite asked, which is the question I have been asking:

Now, who could possibly be in a position to replace him?

The in members never ask this question. I never did, the thought never entered my mind.

How does one get in members to ask this question?

They are so busy going up the bridge to nowhere, they never ask themselves this question.

LOL
 

ILove2Lurk

Lisbeth Salander
. . .
On the eve of the big Tampa hearing, the Garcias
fire back at Scientology’s ‘bench memo’

Excerpt

The memo also takes issue with the testimony of Mike Ellis, the reclusive “International Justice Chief”
of the Church of Scientology (see photo), who asserted that arbitration had occurred under his watch,
but then had to retract that statement “to avoid prosecution for perjury.”


http://tonyortega.org/2015/02/17/on...garcias-fire-back-at-scientologys-bench-memo/

Scientology official suddenly discovers he weighs
too much to fly for a deposition


http://tonyortega.org/2015/01/19/sc...ghs-315-pounds-and-cant-fly-for-a-deposition/

The reclusive “International Justice Chief”


View attachment 9432 . . .View attachment 9433

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Leland

Crusader
Will the Cult try to "pack the Courtroom" gallery with "ots" like they use to do, decades ago? Do they still do this sort of thing? Being so close to Clearwater....and all, will the Cult bus some members to this trial?
 
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