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Garcia case - new developments 4/22/13; Marty declaration

CommunicatorIC

@IndieScieNews on Twitter
From Tony Ortega:

GARCIAS RESPOND TO SCIENTOLOGY: YOU’RE A BIG RIPOFF

http://tonyortega.org/2013/04/22/garcias-respond-to-scientology-youre-a-big-ripoff/

Excerpts:
On Monday evening, Luis and Rocio Garcia filed more than a dozen documents with the court in their federal fraud lawsuit against the Church of Scientology. There’s a lot of really interesting stuff in them, including declarations by Luis Garcia and others, as well as current price lists and bills from Scientology’s private cruise ship, the Freewinds.
Now, the Garcias are making the case that Scientology’s arbitration scheme is inherently unfair, and its refund policies are fraudulent. And they’re doing it through a series of declarations by longtime former Scientologists, including the man who was once the second-highest-ranking official in the church, Mark “Marty” Rathbun.

Mark Rathbun Declaration, Garcia Lawsuit

Excerpt from Marty's declaration:
The arbitration clause contained in the Enrollment Agreement was specifically included by staff and counsel in compliance with David Miscavige’s orders that we make it as difficult as possible for people to obtain refunds while also acting as if we didn not cancel or undermine Founder L. Ron Hubbard’s original refund policy….Anyone who requests a refund is by definition, “guilty” in the eyes of Scientologists in good standing, no matter what the issue, especially when that person is in conflict with any Scientologist, and even more so the church itself. So, when I worked with others in the church to require that all members of any “arbitration” panel be members in good standing with the church of Scientology, by definition, we obviated the entire “arbitration” process altogether: There is simply nothing for a Scientologist in good standing to arbitrate when dealing with someone requesting a refund.

Luis Garcia Declaration

Randall Wise Declaration

Christie Collbran Declaration

Dan Koon Declaration


Haydn James Declaration

Bert Schippers Declaration

Karry Campbell Declaration

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Gib

Crusader
I do have to admit, Marty looks really official in that fake Navy costume.

I'll have to admit, just thinking now and not to derail,

that Navy uniform worn by SO members got me nervous, when I was a member,

why

because hubbard installed a fixed idea into me that sea org members were the most ethical people on the planet,

and missed every withold on me when I believed in that shit.

And when I read about the shit that sea members did, why it was OMG, that ain't true.

:hysterical::hysterical::hysterical::hysterical::hysterical::hysterical::hysterical:
 

Gib

Crusader

the long and short of it.

the only thing you can be upbraided for is "no results".

:hysterical::hysterical::hysterical::hysterical::hysterical::hysterical::hysterical:

But that has been morphed into some results.

:thumbsup::thumbsup::thumbsup::thumbsup:

which keeps peeps into a GPM, or simply confusion, so they continue up some bridge to freedom

:hysterical::hysterical::hysterical::hysterical::hysterical:
 

Idle Morgue

Gold Meritorious Patron
To everyone that is standing up to the cult in this lawsuit - hip hip hooray - thank you sirs! :happydance::happydance::happydance::happydance::happydance::happydance::dancer::dancer::dancer::dancer::buzzin::buzzin::buzzin::buzzin::dance3::dance3::dance3::dance3::hattip::hattip::hattip::hattip::goodposting::goodluck::goodluck::thankyou::thankyou::thankyou::cheerleader::cheerleader::hifive::hifive::party::party::party::woohoo::woohoo::woohoo::giggle::giggle::giggle::wave:
 

BlackRob

Gold Meritorious Patron
jm5FkL3.png
 

Idle Morgue

Gold Meritorious Patron
El Con Hubbard's (L Ron Hubbard's) tech is all about how to keep money even if scientology does not render anything in exchange for the money - it is evil and it preys on trusting souls like most people - the 98 % of the world will sign stuff and agree because they cannot conceive that a "church" would keep something even though they obtained it from unethical, criminal, manipulative and unsavory means!

I remember a staff member told me when I first got in - if we don't deliver the service on your $50 div 6 course - it is out ethics and our org will be handled in ethics - it is an overt to take money and not give back the service. I thought to myself - WOW - what an ethical organization that does the right thing~! I am in. :duh: I want to be part of this ethical group called scientology.

Any lurkers out there - read the Luis Garcia lawsuit please...see what your "church" is up to and ask you if that is scientology ... what you thought it was when you got in? Shame on Scientology and David Miscavige - shame on you for trying to keep money you did nothing to earn. COMMUNISTS!!
 

CommunicatorIC

@IndieScieNews on Twitter
Garcia case - new developments 4/24/13

Garcia case - new developments 4/24/13

New developments from Tony Ortega:
SCIENTOLOGY TO FEDERAL COURT: Let Us Refute The Garcia Declarations, And Then Butt Out of Our Religion
http://tonyortega.org/2013/04/24/sc...clarations-and-then-butt-out-of-our-religion/
Excerpt:
Monday evening, the Garcia federal fraud lawsuit against the Church of Scientology heated up when the Garcias filed several declarations from former church members who said Scientology’s refund process is designed to be a sham.

Now, the church has fired back, asking federal Judge James Whittemore to allow Scientology to file a 10-page memorandum and a set of their own declarations in support of its previous argument and — and here’s the really ballsy part — the judge should then butt out, because the church’s position is a religious one and not something an American court can get involved in.
Garcia: Scientology Request to submit 10 Pages

Garcia Plaintiffs Object to 10 Page Addition

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TG1

Angelic Poster
The cult's Catch-22 policy regarding refunds seems exceedingly ... uh ... RICO'ish!

TG1
 

TG1

Angelic Poster
I think this Garcia case is really blowing up. It has the potential (not demonstrated yet) to kick the cult's ass where it hurts -- in the pocketbook.


Tony O's latest article on the litigation ... "COURT: Let Us Refute The Garcia Declarations, And Then Butt Out of Our Religion"

More at http://tonyortega.org/2013/04/24/sc...-and-then-butt-out-of-our-religion/#more-6301

The Garcias' Motion to Compel Arbitration, as well as declarations from 8-10 people, including Marty Rathbun, Dan Koon, Luis Garcia, Christy Collbran, etc. are found at http://tonyortega.org/2013/04/22/garcias-respond-to-scientology-youre-a-big-ripoff/

Bonus material at that last link above includes legal commentary from WWP and ESMB commentator and lawyer Scott Pilutik ("Tikk").

Seriously, everybody here ought to be reading and discussing this shit. It is good! (Sorry, not a leaderfag -- just got carried away.)

TG1
 

NoName

A Girl Has No Name
I love the cult's argument. I mean, we KNOW that fraud is a religious sacrament in the Co$, but do they seriously think that that makes it legal?

:hysterical:

Well, it so happens that Jesus told me that ultra-coordinated motherfuckery is a religious sacrament. So let's fire up the LOIC! It's legal to DDoS the cult now!

:guyfawkes: :scnsucks::guyfawkes: :scnsucks::guyfawkes: :scnsucks::guyfawkes: :scnsucks::guyfawkes: :scnsucks::guyfawkes: :scnsucks::guyfawkes: :scnsucks::guyfawkes: :scnsucks::guyfawkes: :scnsucks::guyfawkes: :scnsucks::guyfawkes: :scnsucks::guyfawkes: :scnsucks::guyfawkes: :scnsucks::guyfawkes: :scnsucks::guyfawkes: :scnsucks::guyfawkes: :scnsucks::guyfawkes: :scnsucks::guyfawkes: :scnsucks::guyfawkes: :scnsucks:
 

TG1

Angelic Poster
If I read Marty's declaration correctly (at http://tonyortega.org/2013/04/22/garcias-respond-to-scientology-youre-a-big-ripoff/), his recitation (in paragraphs 12 a-j of his declaration) of Hubbard's description of a suppressive person's attributes and his fiats about how the Church of Scientology must regard and treat an SP make it clear that anyone who applies for a refund is behind the eight ball and will never be treated fairly.

As Tikk says: "... the arbitration procedure is an illusory sham because once a former parishioner is declared suppressive, fairness toward that person becomes both doctrinally and practically impossible."

Back to reading declarations.

TG1
 
My question is: if Garcia et al prove the Scio version of arbitration is patently unfair, and exists in name only as a sham, then would that open the door for anyone to get a refund of $ on account? Or, more likely, they pay off the Garcia's, and then dream up some sort of arbitration proceedure and then revise the Enrollment document to include it. And, thus loose the battle to win the war?

Further, how does winning this case impact those who would like to get their IAS $ back?

Mimsey
 

TG1

Angelic Poster
Mimsey, I dunno. Why don't you pose the question to Tikk over at Tony O's blog. Or invite him to come over here and answer the question for us here?

TG1
 
The church could do an end run around this - pay off the Garcia's, then simply revise all the relevant PL's & enrollment forms to state: All donations are nonrefundable. Period. Shit can the Claims Verification Board & arbritrations entirely. Of course, the result of that would be a problem re: the IRS agreement. Then what? How would you get the IRS to act? And if so, when the IRS tries to disallow the Churches Tax Free status what is to prevent the COS from suing them back into the stone age? This thing could go on forever.

That is what I don't get - how does the Garcia's suit stop the church? It's a civil suit. it has no teeth beyond extracting $ for the plaintifs. Short of congress passing legistation, they can't be stopped can they?

Mimsey
 
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