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NOTE: The following Save Scientology post has been endorsed by Milestone Two: http://milestonetwo.wordpress.com/2013/09/17/a-fine-mess/
Save Scientology Blog: A Fine Mess
Save Scientology Blog: 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.
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. That 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.
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;
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 the 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.