Garcias File New Motion Asking Judge to Reject Scientology’s Sham Arbitration

Type4_PTS

Diamond Invictus SP
Published at the Bunker this morning:

Luis and Rocio Garcia have tried again to convince Tampa Federal Judge James Whittemore that Scientology is making it impossible to resolve their allegations of fraud, and they’ve filed a new motion asking Judge Whittemore to reopen their lawsuit against the church.

What’s different this time is that Luis Garcia has detailed in a new affidavit his Kafkaesque attempts to work within Scientology’s rules of internal arbitration, which he says is an impossible task. We don’t know if this new material will sway Whittemore (he’s disregarded similar requests in the past), but as a document, Luis’s affidavit describing what it’s like to be caught inside Scientology’s bizarre “ethics” rules is a useful addition to the historic record.

The Garcias sued the Church of Scientology in 2013, alleging that they’d been defrauded and lied to when they were pressured to donate hundreds of thousands to various church causes. In one memorable example, the California couple say they were convinced to donate $65,000 to pay for a giant Scientology cross that would go on the top of the new “Super Power Building” in Clearwater, Florida. But the church eventually admitted that it had hit up other wealthy members for the same thing. <snip>

Read Full Post: http://tonyortega.org/2016/12/30/ga...udge-to-reject-scientologys-sham-arbitration/

Here's a link to a series of earlier posts over at Tony O's blog:
http://tonyortega.org/?s=garcia+federal+fraud+lawsuit&submit.x=8&submit.y=6

Here's one of many earlier threads on ESMB regarding this Federal Fraud lawsuit:
http://www.forum.exscn.net/showthre...ssible&highlight=garcia+federal+fraud+lawsuit
 
Published at the Bunker this morning:



Here's a link to a series of earlier posts over at Tony O's blog:
http://tonyortega.org/?s=garcia+federal+fraud+lawsuit&submit.x=8&submit.y=6

Here's one of many earlier threads on ESMB regarding this Federal Fraud lawsuit:
http://www.forum.exscn.net/showthre...ssible&highlight=garcia+federal+fraud+lawsuit

I know the policy is to delay and use lawsuits to financially ruin the plaintiff by making him rack up impressive legal bills, but the logic in defying the court's intention by flaunting the judges rulings, to me, seems like walking on thin ice.

I was wondering if the judge orders a "wog" arbitration, would Scientology even participate? It seems they are trying to push the judge into a corner, where he rules against them, then appeal on grounds of religious discrimination.

Mimsey
 

WildKat

Gold Meritorious Patron
With the cult's religious cloaking, a lot of these lawsuits are doomed. Sorry to be negative. But the first lawsuit should be to get the religious cloaking and tax exemption stripped away. Then maybe some of these individual lawsuits would have a chance. I wish the Garcia's luck anyway. I hope they can prevail.
 

HelluvaHoax!

Platinum Meritorious Sponsor with bells on
..

I know the policy is to delay and use lawsuits to financially ruin the plaintiff by making him rack up impressive legal bills, but the logic in defying the court's intention by flaunting the judges rulings, to me, seems like walking on thin ice.

I was wondering if the judge orders a "wog" arbitration, would Scientology even participate? It seems they are trying to push the judge into a corner, where he rules against them, then appeal on grounds of religious discrimination.


"...defying the court's intention by flaunting the judges rulings..."

I don't read it that way. The COS is carefully trying to avoid any APPEARANCE of flaunting rulings by their lawyers (not IJC) craft each one of those correspondence letters to evidence "good faith effort" to comply and offer what is purportedly an even handed & fair arbitration opportunity.

Obviously (to any ex-Scientologist who isn't clueless) the COS is playing the judge and court system by creating/showing all the trappings of a religion--which is really nothing more than an "acceptable truth" or a "shore story" or a "front group" or (as Hubbard described it) "the religion angle".

There is every effort in those letters to APPEAR to be in full compliance with the court's rulings. The COS already won that portion of the litigation (by having the judge sending an SP to a Scientology Arbitration---when it is unambiguous COS policy that an SP has no rights whatsoever and maybe lied to, tricked, destroyed, et al.

The COS doesn't have ANY intention of pushing the judge to order a "wog arbitration" because they already prevailed on that point.

And, obviously, the Plaintives are doing their best to showcase the absurd conflict of interests by the COS rejecting every single one of their choices for arbitrator.

I am very curious to know why the Garcia's lawyers haven't subpoenaed the WRITTEN NOTICE to all those "not in good standing" parties that they rejected; the written notice of Declare or stating that they are not in good standing and why--along with the DATE!

Those parties never received any notification (obviously) but the COS is asserting/inferring that those parties were not in good standing BEFORE they were submitted as prospective arbitrators. It certainly appears obvious that the COS just made it up that they weren't in good standing AFTER their name was submitted. That would not be a good thing for the Judge to learn, if that is the case. Because, it would give weight to the contention that the COS is gaming the court and process by (essentially) eliminating the Plaintive's right to choose (by having every one of their choices rejected).

Knowing how the COS incessantly lies and hides behind pious and sanctimonious words, I find the judge's prior rulings (to kick it over to the COS to "arbitrate" within in their own corrupt system) to be manifestly wrong. The injustice of allowing a defendant accused of FRAUD to then become the arbiter of whether they committed fraud is outrageous.

Some of this judicial ineptitude might be a function of the trial venue being in Florida, a state with deeply embedded ultra-liberal base that often rules monolithically and favorably for radical left wing "social justice" causes. It might be worth noting that Florida doesn't only have "Sanctuary Cities"--they have seven (7) "Sanctuary Counties"! that proudly support "sanctuary" (i.e. no liability for either alleged and/or proven criminal behavior!).

All things considered, the Garcias and their attorneys are giving the COS a handful to contend with. It will be interesting to see if the Judge or appellate system will find be willing to tackle the provocative issue that the COS is counting on to save them--religious protections. And the fascinating point of how much freedom constitutional religious protections offer to those perpetrating fraud, rackets, organized crime or worse.

Three decades after his death, Hubbard's diabolical "religious-angle" schemes are still working and in some cases, better than ever! This is the stuff teen horror movies are made of--the monster keeps getting killed and keeps coming back. Maybe this, after all, is the true meaning of "WE COME BACK". lol
 
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I don't read it that way. The COS is carefully trying to avoid any APPEARANCE of flaunting rulings by their lawyers (not IJC) craft each one of those correspondence letters to evidence "good faith effort" to comply and offer what is purportedly an even handed & fair arbitration opportunity.

snip

(A) I am very curious to know why the Garcia's lawyers haven't subpoenaed the WRITTEN NOTICE to all those "not in good standing" parties that they rejected; the written notice of Declare or stating that they are not in good standing and why--along with the DATE!

Those parties never received any notification (obviously) but the COS is asserting/inferring that those parties were not in good standing BEFORE they were submitted as prospective arbitrators. It certainly appears obvious that the COS just made it up that they weren't in good standing AFTER their name was submitted. That would not be a good thing for the Judge to learn, if that is the case. Because, it would give weight to the contention that the COS is gaming the court and process by (essentially) eliminating the Plaintive's right to choose (by having every one of their choices rejected).

Knowing how the COS incessantly lies and hides behind pious and sanctimonious words, I find the judge's prior rulings (to kick it over to the COS to "arbitrate" within in their own corrupt system) to be manifestly wrong. (B) The injustice of allowing a defendant accused of FRAUD then become the arbiter of whether they committed fraud is outrageous.

snip
HH - those two points are very insightful. Have you considered sending them to the Garcia's?

Mimsey
 

Type4_PTS

Diamond Invictus SP
..<,

<snip>

Knowing how the COS incessantly lies and hides behind pious and sanctimonious words, I find the judge's prior rulings (to kick it over to the COS to "arbitrate" within in their own corrupt system) to be manifestly wrong. The injustice of allowing a defendant accused of FRAUD to then become the arbiter of whether they committed fraud is outrageous.

<snip>

Yeah, the adjective "outrageous" seems even a bit weak for this situation. :duh:

Wishing the Garcia's and their attorney good luck in finding a way to pierce this religious cloak which is itself constructed out of deceptive and fraudulent materials.
 

HelluvaHoax!

Platinum Meritorious Sponsor with bells on
.

HH - those two points are very insightful. Have you considered sending them to the Garcia's?


Well, thanks.

I didn't think of sending them anything, but I am still nonetheless very curious what their lawyers would say is the reason they didn't (or aren't able to) do discovery on how all those Scientologists DID NOT KNOW that they were NOT IN GOOD STANDING.

From my own corporate experiences in pursuing litigation vs. scoundrels and fraudsters, I have learned an enormous amount about how the legal system works. In fact, I have learned so much that I am quite certain I have no idea at all what I am talking about! LOL. Seriously, there are literally countless times that I had discussions with my own law firms and brilliant litigators, questioning them on strategy or "Is there some reason we cannot (description of my beyond-brilliant legal strategy).

Then my smarter than hell atty will patiently explain why that is a) not possible; or, b) not wise; or, c) counter-productive in a way that could well backfire.

I am routinely astounded and impressed with the depth of understanding, experience and legal-craft that brilliant world-class attorneys bring to the game.

The Garcias have real world class attorneys, renowned in fact and revered by other lawyers. I am quite sure they are intimately aware of the COS's scandalous methods of gaming the legal system--and that there has undoubtedly been a lot of behind-the-scenes wrangling by COS execs to line up 3 arbitrators that are each fully "in the tank" for anything the COS wants them to do.

Over the years I developed an unhealthy hobby of sending my "Special Forces" lawyers into battle, so I could enjoy the fruits of victory as we annihilated the opposition. Well, it never works like that, LOL. Even if everything we do and say is 100% correct and ultimately vindicated and adopted by the court after years or a decade or even longer! The expense of this hobby of mine is something even Scientology execs would have to stop and admire, lol lol lol.

I once thought that having the TRUTH was enough to prevail (and prevail easily and quickly) in a court of law. After hundreds of shocking moments (lol) I learned that no matter how overwhelming our evidence, proof and corroborative witnesses are in support of our position, the criminal freak(s) we were suing also had attorneys--and their counter-motions (filings with the court) were downright scary to read; because they offered up an entirely OTHER REALITY and legal theory that brought the truth of our pristine position into question.

It never ceases to amaze me how EVERY motion and piece of evidence you can put in front of a court can be attacked by ingenious, creative and amoral opposing attorneys.

I am thinking of getting a better hobby as one of my New Years Resolutions! LOL.
 

ThetanExterior

Gold Meritorious Patron
It seems to me that the judge is being heavily influenced by the fact that Garcia signed multiple forms agreeing to use Scientology's arbitration system in the event of a dispute.

But after he signed those forms I am assuming he was declared. If so, the declare states that the only Scientologist he can communicate with is the IJC. So does this not then override those other forms?

I mean how can he take part in an arbitration system when they've told him he can't communicate with any other Scientologist?
 

Type4_PTS

Diamond Invictus SP
It seems to me that the judge is being heavily influenced by the fact that Garcia signed multiple forms agreeing to use Scientology's arbitration system in the event of a dispute.

But after he signed those forms I am assuming he was declared. If so, the declare states that the only Scientologist he can communicate with is the IJC. So does this not then override those other forms?

I mean how can he take part in an arbitration system when they've told him he can't communicate with any other Scientologist?

He can't really. :no:

As part of the sham arbitration process he is supposed to pick someone to be on the arbitration panel. But he's not allowed to have a conversation with that person so as to be able to evaluate that individual for impartiality. And even if he could, no scientologist in good standing could be impartial and rule in Garcia's favor because it could cause a major PR flap for his "church" and constitute a High Crime (as per the policies on Scientology Ethics).

That is a HUGE conflict of interest. An arbitrator in this sham arbitration system would (according to his own beliefs as a scientologist) be risking his own eternity by telling the truth if he felt his own "church" committed fraud against the Garcia's.
 

Dulloldfart

Squirrel Extraordinaire
I know the policy is to delay and use lawsuits to financially ruin the plaintiff by making him rack up impressive legal bills, but the logic in defying the court's intention by flaunting the judges rulings, to me, seems like walking on thin ice.

flouting, Mimsey, flouting.

Paul
 

Enthetan

Master of Disaster
It seems to me that the judge is being heavily influenced by the fact that Garcia signed multiple forms agreeing to use Scientology's arbitration system in the event of a dispute.

But after he signed those forms I am assuming he was declared. If so, the declare states that the only Scientologist he can communicate with is the IJC. So does this not then override those other forms?

The requirement that the arbitrator be a "Scientologist in good standing" results in an inherent conflict of interest.

I mean how can he take part in an arbitration system when they've told him he can't communicate with any other Scientologist?

More to the point, how can any Scientologist "in good standing" be expected to arbitrate in an even-handed manner, when their continuing to be "in good standing" is dependent upon their never ruling against the Scientology side?

The requirement for the arbitrator being a "Scientologist in good standing" creates an inherent conflict of interest.
 

Wilbur

Patron Meritorious
More to the point, how can any Scientologist "in good standing" be expected to arbitrate in an even-handed manner, when their continuing to be "in good standing" is dependent upon their never ruling against the Scientology side?

The requirement for the arbitrator being a "Scientologist in good standing" creates an inherent conflict of interest.

Some day someone will say that this is illegal. Make sure that by that time, we say what's legal or illegal.
 
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