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Subject: Fishnan affidavit
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ADMINISTRATIVE CODE: A2
SECURITY CODE: PR
DISTRIBUTION CODE: RF
NAME FOR BBS: Declaration of Steven Fishman re criminal activity
November 3, 1993
SORT TO: Legal
CONTRIBUTOR: Steven Fishman
LOC. OF ORIG: F.A.C.T. archive
NOTES:
UPDATED ON:
UPDATED BY:
fishman\affidavit\Page.00001
2
DECLARATION OF STEVEN FISHMAN
3
4
5 I, Steven Fishman, declare as follows:
6
7 1. I have personal knowledge of the facts stated
8 herein, unless stated on information and belief, and if
9 called upon to testify to these facts I could and would
10
competently do so.
11
12 2. I am a Defendant in the case of Church of
13
Scientology v. Steven Fishman and Uwe W. Geertz, Case
14
Number 91-6416-HLH(Tx), United States District Court,
15 Central District of California. I am currently serving a
16 five year sentencc for mail fraud and I am on Parole, under
17 the direction of the United States Parole Commission until
18 November 28, 1993, followed by Prohation, under the
19 direction of the United States Probation Office, until July
20 29, 1995.
21
22 3 I was on lines with the Church of Scientology
23 from March 14, 1979 through July 20, 1990. Specifically
24
and particularly, and since the Church of Scientology does
25 not have an actual membership per se, I was a member of the
26 Hubbard Association of Scientologists International (HASI)
27 from March 14, 1979 until it was renamed the International
28
1
fishman\affidavit\Page.00002
1
Association of Scientologists on October 7, 1984. On
February 8, 1986, I joined the International Association of
4 Scientologists (IAS) and I became a Lifetime Member Number
5 12540-221-0002-2061 of the International Association of
6: Scientologists in 1988, until I voluntarily exited the
7 Church on July 20, 1990. I was on public lines with the
8 Church from March 14, 1979 until November 9, 1980, when I
9 was hatted as the Fields Financial Planner of Fort
10 Lauderdale, a non-salaried position. I renewed by contract
11 on November 9, 1985 as the Fields Financial Planner of
12 Miami, and continued actively on post until the day of my
13 arrest, which was July 31, 1988.
14
15 4. I was arrested for mail fraud in connection with
16 my participation in Operating Acting Classes, which was a
17 covert Scientology operation which involved the filing of
18 false proof of claim forms in derivative shareholder suits
19 for the purpose of creating income. My post was in
20 Division 3 Treasury, Department 7 Income. I was supervised
21 by various Mission and Org staff, including Peter and
22 Barbara Letterese, Denise Franklin Monce, Fred and Dori
23 Hare, Michael Hambrick, Frank Thompson, Iiay Jourdain, Leona
24 Littler Grimm and others
25
26 5. After my arrest, I assisted the Church in the
27 initiative to quash an FBI investigation into their
28
2
fishman\affidavit\Page.00003
2 complicity with the crimes for which I was charged. At the
3 same time, agents of the Office of Special Affairs,
4 including Lynn Farny, Ken Long, Laurie Bartilson and Tim
5 Bowles were actively assisting the Assistant United States
6 Attorney in their prosecution against me, without my
7 knowledge or consent. I was later charged with Obstruction
8 of Justice in a reverse sting action which was orchestrated
9 by my Ethics Officer, Frank Thompson.
10
11 6. I settled the charges pursuant to an Alford Plea,
12 (United States v. Alford, a North Carolina case), which to
13 my best understanding is a guilty plea in which I contended
14 that I was innocent but nevertheless responsible for the
15 charges alleged in the complaint. I did so because the
16 District Court relied upon Frye v. United States, 293 F.
17 1013 (D.C. Cir. 1923), and various Ninth Circuit decisions
18 which followed Frye. The Frye test was found to be wrong
19 under the recent United States Supreme Court Case of
20 Daubert v. Merrell Dow Pharmaceutical (1993), 113 S.Ct.
21 2786. Had my expert witnesses Drs. Margaret Singer and Dr.
22 Richard Ofshe been allowed to testify in full, I would not
23 have settled the charges at that time.
24
25 7. As a convictcd felon, Scientology will uehemently
26 argue that I am a criminal and I am not to be believed. By
27 their own policies regarding sources of trouble, I would
28
3
fishman\affidavit\Page.00004
2 now be labeled "PTS Type B." However, I maintain that even
3 someone who has been to prison and has been convicted of a
4 crime can nevertheless be honest and forthright; and I
5 personally know that my most worthwhile asset is my
6 integrity.
8 8. During August 1986, and as part of the
9 Wollersheim Crusade also known as the Battle of Los
10 Angeles, I attended a meeting at the War Room of the Office
11 of Special Affairs which was located at the 1300 block of
12 Berendo Street in Los Angeles at the time. In attendance
13 were Deborah Truax of Golden Era Productions, John
14 Stachelrodt and Sarita Alvarez of Bridge Publications,
15 Candy Healey of Golden Era Productions, and several OSA
16 personnel including the Director of Special Affairs of
17 Golden Era Productions and others whom I do not remember.
r8
19 9. I had been invited to the meeting to report on
20 surveillance I had undertaken at the office of Charles
21 O'Reilly, as well as to turn in my Completed Staff Work on
22 the Bingoing Project, which involved the flooding of the
23 law office of Charles O'Reilly with unwanted junk mail
24 during the past thirty days.
25
26 10. It was at that time that I was given the
27 telephone number of Dr. Louis Jolyon West, and directed to
28
4
fishman\affidavit\Page.00005
1
2 repeatedly call his home between 2:D0 AM and 5:oa AM for
3 three successive days before he was scheduled to testify on
4 behalf of Lawrence Wollersheim in the Wollersheim Case,
5 which as I stated earlier was referred to as the Battle of
6 Los Angeles and/or the 1986 Crusade.
7
8 11. I also turned in materials which I had
9 accumulated by raiding the trash dumpster of Charles
10 O'Reilly, attorney for Lawrence Wollersheim, located at his
11 law office which to the best of my recollection was on a
12 main thoroughfare in Santa Monica, California.
13
14 12. During that meeting, I overheard Deborah Truax
15 tell John Stachelrodt that the Office of SpeciaL Affairs
16 had assigned an agent to work in the law office of Charles
17 O~Reilly as a typisticlerk/receptionist, The typist, whose
18 name r do not recall or may not have been privy to, was
19 placed there by OSA for two purposes, or major operating
20 targets. I do, however, recall what these targets were.
21
22 13. The primary operating target was to copy legal
23 briefs prepared by Charles O'Reilly and turn tkem over to
24 Marty Rathbun at the Office of Special Affairs.
25
26 14. The secondary operating target was to make things
27 go right and influence Charles O'Reilly into forcing
28
5
fishman\affidavit\Page.00006
1
2 Lawrence Wollersheim to accept a settlement from the Church
3 of Scientology International. This operation was
4 simultaneously designed to create an irreparable ARC Break
5 or rift between O'Reilly and Mr. Wollersheim since Dehorah
6 Truax stated that the differences between the two regarding
7 their positions on the settlement negatiations would be
8 successful in driving a wedge between them, and ultimately
9 would result in O'Reilly dropping Wollersheim as his client
10 and leaving him without counsel. Jahn Stachelrodt
11 mentioned that there were two settlement offers; "one for
12 six million and then another for ten million and that
13 Charles O'Reilly wanted Wollersheim to accept them, but
14 that Wollersheim was unwilling to do so, according to the
15 typist who worked there."
16
17 15. The OSA representative also told us that they had
18 access to a botulism culture from a medical laboratory
19 which he wanted the typist to introduce into O'Reilly's
20 food, in order to induce a "terror stomach" (his exact
21 words) to O'Reilly, in order that he would be less
22 effective during the days of the trial. I have no idea
P3 whether that project was ever adopted or not.
P4
25 16. In the fall of 19B6, I was taking training at the
26 American Saint Hill Organization in LOs Angeles. I was
27 studying the Saint Hill Special Briefing Course and I was
28
6
fishman\affidavit\Page.00007
1
2 supervised on this course by Course Supervisor Ken Shapiro,
3 who had also been an active registrar for the course.
4
5 17. I was assigned to do "twinning" with another
6 Scientologist, by the name of Lenny Leibowitz. Twinning is
7 a process whereby two Scientologists work together and
8 co-audit each other, and at the same time they are
9 responsible for each other's progress on the course and
10 indicate each other's gains on worksheets which become part
11 of the preclear folder, or record of progress of the
12 student or preclear in Scientology.
13
14 18. I made written entries in the preclear folder of
15 Lenny Leibowitz, and this folder was turned in to the
16 Course Supervisor, Ken Shapiro.
17
18 19. Thc particular part of the Saint Hill Special
19 Briefing Course with which I co-audited Lenny Leibowitz was
20 Section B. One of the subjects which Lenny Leibowitz and I
21 co-audited each other on was Checksheet Number 48, Chapter
22 24 Column V, The Ability to Handle Responsibility. The
23 Demo for this chapter was the section on the responsibility
24 level at 1.1 (covert hostility) on the tone scale.
25
26 2D. Mr. Leibowitz is from White Plains, Westchester,
27 New York, and was working as an intern with the Office of
28
7
fishman\affidavit\Page.00008
1
2 Special Affairs for the Church of Scientology. He told me
3 that his mother's first name was "Doris" and that she had a
4 complex because she was very short. I also recall Lenny
5 Leibowitz's birth date of October 26, 1949, since he is
6 exactly one month older than I am. During the course of
7 handling a "present time problem" within the context of the
8 material we were studying relating to The Ability to Handle
9 Responsibility, Mr. Leibowitz related to me that he was
10 having difficulty handling the fact that he had drowned a
11 dog. Mr. Leibowitz informed me that the dog was a collie
12 by the name of "Duke", and that he belonged to a Judge
13 Swearinger who lived in the hills of Los Angeles. When he
14 disclosed this, I ran Mr. Leibowitz on "rudiments" in order
15 to fully handle this present time problem and bring it to
16 its end phenomena, in order that we could go on with the
17 course and not get hung up on the checksheet.
18
19 21. In running the rudiments, Lenny Leihowitz
20 indicated to me that he was driven to the Judge's house in
21 a white late model Jeep Cherokee by another intern with the
22 Office of Special Affairs of Scientology. The intern who
23 drove him to the Judge's house was named Clarice Guidice.
24 Mr. Leibowitz told me that Clarice Guidice was on an
25 internship from the Milan Org in Italy, and she spoke with
26 a thick italian accent. He described her as a girl in her
27 mid-twenties, who had a "chunky pot belly." He further
28
8
fishman\affidavit\Page.00009
1
2; stated that she did not own the white jeep, but rather it
3 was a car owned by a senior staff member at the Office of
4 Special Affairs in Los Angeles. Mr. Leibowitz told me that
5 Clarice Guidice had something he called an "international
6 driver's license." I remember that vividly because I had
7 never heard of an "international driver's license" hefore.
8
~ 22. Mr. Leibowitz told me that when he arrived at the
10 judge's house, he walked around the back of the house while
Clarice Guidice remained in the jeep as she was driving.
11
12 Mr. Leibowitz then threw the dog into the pool and "sat on
13 the dog" until the dog drowned. Mr. Leibowitz also
14 complained that his clothes were all wet and he foolishly
15 had not brought a change of clothes with him. Mr.
16 Leibowitz informed me that he was ordered to drown the dog
17 by Kendrick "Rick" Moxon of the Office of Special Affairs
18 of the Church of Scientology International. Mr. Leibowitz
18 also stated to me that Mr. Moxon informed Mr. Leibowitz
20 that "if he didn't do it, someone else would." After Lenny
21 Leibowitz disclosed all of the above information to me, we
22 were both but individually given a Security Check and I was
23 assigned a new twin, whose name was Jay Grossfeld. I
24 co-audited with him a short time before having to return to
25 Florida to check on the pending status of various class
26 action lawsuits in Operation Acting Classes.
27
28
fishman\affidavit\Page.00010
1
2 23. I had not previously related this information to
3 anyone prior to the signing of my preliminary affidavit on
4 this issue in September, 1993, as I did not recall that
5 Judge Swearinger was the trial judge in the case of
6 Wollersheim v. Church of Scientology until August of 1993.
7 I was personally involved with Scientology operations
8 during that trial including calling up jurors and hanging
9 up in the middle of the night.
10
11 24. On or about or prior to the above referenced
12 incident, I was called upon to transcribe various hard copy
13 documents into a terminal of the INCOMM computer located at
14 the office at North Catalina Street, and I was brought in
15 to INCOMM by Deborah Truax of Golden Era Production, who
16 was also the junior to the OSA liaison there by the name of
17 Linda Hamil. As the Fields Financial Planner of Miami, I
18 was PBO cleared and held a password on the INCOMM system
19 which was the word "wogdom" followed by the backslash and
20 my clearance number which was 15223. I was assisted in
21 logging on and accessing the correct data base by a Sea Org
22 Member whose nickname was "Pacman." He looked about 19
23 years old. I was recruited to work on a O5A project which
24 was called "Mission Find the Crimes" and I had volunteered
25 40 hours of computer time to INCOMM, and my computer time
26 was approved by the Deputy Director of Intelligence for the
27 Office of Special Affairs, who at the time was Marty
28
10
fishman\affidavit\Page.00011
2 Rathbun.
4 25. One of the documents which I had to transcribe
5 into the INCOMM data base was an internal memo which
6 described how OSA Investigator Eugene Ingram had hired and
7 recruited a teenage Mexican male prostitute named Pablo
8 Garcia to seduce the son of Judge Swearinger at a gay bar
9 which Eugene Ingram had discovered was frequently visited
10 by the Judge's son. I recall reading that Eugene Ingram
11 found this boy in a park in East Los Angeles which was a
12 ~known spot" (according to the memo] frequented by young,
13 latino male prostitutes. There was also a financial chit
14 in the folder where Eugene Ingram wanted to be reimbursed
15 from Rick Moxon for the two hundred dollars he gave Pablo
16 Garcia to get the Judge's son to accompany him to an
17 apartment on Vermont Avenue where he was photographed with
ls the boy. The file later contained other data which
19 confirmed that three or four encounters had taken place
20 between Judge Swearinger's son and Pablo Garcia. Another
21 OSA ~nvestigator named Jose Ruiz was later sent out to
22 guestion the boy, and to masquerade as a heavy "a
23 policeman's valence" in order to compel the b~y to make a
24 coerced statement or confession indicating that the Judge's
25 son was periodically having sex with him. However, there
26 was no such document or statement written by Pablo Garcia
27 in the file that needed to he transcribed.
28
11
fishman\affidavit\Page.00012
1
2
3 26. I recall not knowing how to transcribe the
4 financial chit into the data base and when I asked pacman
5 for advice, he told me to just "handle it." Not wanting to
6 leave anything out, I entered every word that was on the
7 chit, in order from left to right, top to bottom. I recall
8 that the file was signed by Linda Hamil, who was the same
9 person who ordered Deborah Truax to give me the file and
1D directed me to do the work. I never met Linda Hamil.
11
12 27. The file was a Program called Program Pablo
13 Garcia, which was part of a Project called Project Wild
14: Bill, which in turn was part of Operation Wolly, which I
15 have since discovered related to the targeting of Lawrence
16 Wollersheim and his lawyer at the time, Charles O'Reilly.
17
18 28. There is an ongoing policy in the Church of
19 Scientology to harass and intimidate judges. I have read
20 the neclaration of Robert Vaughn Young, an expert witness
21 for the defense in my civil case, in which he described the
22 following in Paragraph 49: "The other member of the Court
23 that was being referred to was Federal District Court Judge
24 Charles Richey who was the target of a sting operation
25 conducted by a private investigator hired by Scientology
26 that forced the Judge to recuse himself from the
27 Scientology case on which he was sitting. The judge was