DRAFT for COMMENT
H. Keith Henson 2237 Munns Ave. Oakville, ON, L6H 3M9 [email protected] 905-844-6216 416-529-2789 (cell)
December 8, 2002
Hon. Judge Arthur S. Weissbrodt Federal Bankruptcy Judge Northern District of California 280 S. First St. San Jose, CA 95113 CASE NO.: 98-51326ASW-13 (Chapter 13)
Dear Judge Weissbrodt:
This is the third of the open letters to your court. I am going to ask my lawyer to attach this and the exhibit as a request for judicial notice.
On pages 432 and 433 of the testimony in the trial there is this exchange between you and Mr. Rosen:
13 MR. ROSEN: We can litigate this issue. 14 THE COURT: That's what I'll do. 15 And you're making a representation to me that Ms. 16 Kobrin is only a private practitioner and has no official 17 capacity - she's not an employee in any way of the Church of 18 Scientology? 19 MR. ROSEN: There's no such animal as the church - 20 THE COURT: I'm sorry. The RTC. 21 MR. ROSEN: Correct. She is not an employee of RTC. 22 THE COURT: Or any related organization? 23 MR. ROSEN: There is no related organization. Let me 24 make this clear. 25 THE COURT: Making it - you're making a representation 433 1 to me that there is no related organization? 2 MR. ROSEN: Right. RTC is a California, not-for- 3 profit religious corporation. It has no parent corporation, no 4 subsidiaries, and no affiliated corporations.
You were properly sceptical of Mr. Rosen's representations.
Exhibit A is a poor copy of the Scientology "Command chart" showing the relation and authority flow among Scientology corporations and organizations. RTC occupies the top position on the page. This is not entirely accurate since there is a more secretive Scientology body called the Church of Spiritual Technology that gets 90% of RTC's revenue and holds power over RTC, certainly making RTC "affiliated" with other Scientology corporations.
Then there is the leaked secret IRS "closing agreement" that overruled the Supreme Court in Hernandez. It is widely believe to have been obtained by blackmailing a former IRS Commissioner. RTC is mentioned by name 12 times in the document. It is at: http://www.xenu.net/archive/IRS/. The signature list includes, DAVID MISCAVIGE, RELIGIOUS TECHNOLOGY CENTER, CHURCH OF SCIENTOLOGY INTERNATIONAL, CHURCH OF SPIRITUAL TECHNOLOGY, CHURCH OF SCIENTOLOGY FLAG SERVICE ORGANIZATION, INC., CHURCH OF SCIENTOLOGY WESTERN UNITED STATES, BUILDING MANAGEMENT SERVICES and CHURCH OF SCIENTOLOGY RELIGIOUS TRUST.
At 106 pages I don't wish to burden the court with the paper, but affiliation of RTC with numerous other Scientology organizations is apparent. The IRS would not produced a copy of the document even for the Justice Department, but the "agreement" was authenticated in the Sklar case discussed in the previous open letter.
In reality David Miscavige, the self-appointed heir of the founder of the cult, and chairman of RTC, runs all Scientology organizations as a private fiefdom. He is not subject to any form of public accountability. Mr. Rosen knew of the relation between RTC and other Scientology corporations because he was counsel in the Wollersheim case where Scientology (a few months ago) paid a 22-year-old judgment of over $8 million rather than let a judge in Los Angeles rule that Scientology ignores corporate walls and is run as one organization.
Ms Kobrin (a Scientologist) works for the captive law firm of Moxon and Kobrin. Moxon and Kobrin work exclusively on cases for, or related, to Scientology or Scientologists. Ms Kobrin stated (in Scientology terms) an "acceptable truth" when she limited her comments to saying her paycheck came from her law firm. What she did not mention is that all or virtually all of the firm's revenue is from Scientology corporations.
I don't expect anything to come of this letter because Scientology lawyers get away with lying to courts on a regular basis.
But I thought the court might want to take notice.
H. Keith Henson
CC Thomas R. Hogan Stan Zlotoff