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Scientology sued for Fraud! It's going DOWN like bird sh**! (The Garcia Suit)

Discussion in 'Media' started by BlackRob, Jan 23, 2013.

  1. The Wrong Guy Member

    Judge Whittemore grants Luis Garcia discovery of Scientology’s murky trusts in fraud lawsuit

    By Tony Ortega

    If you’ve been following our coverage of Luis and Rocio Garcia’s federal fraud lawsuit against the Church of Scientology, you know the suit recently hit a strange snag.

    Ten months after the lawsuit was filed in January, Scientology suddenly announced that the Garcias had chosen the wrong venue for their complaint, because several of the defendants — Scientology entities which are trusts — have their trustees in California, where the Garcias live. Under a basic legal concept known as “diversity jurisdiction,” those California trustees make a Florida federal court the wrong place for the Garcias to file.

    But the Garcias complained that Scientology had sand-bagged them by waiting so long to bring this problem up, and they also complained that Scientology’s information about the trusts and trustees was incomplete and confusing. And now, Judge Whittemore has agreed, and is giving the Garcias the right to gather information about Scientology’s secretive entities.

    We asked attorney Scott Pilutik to give us his read of Judge Whittemore’s order.

    Continued here:
    http://tonyortega.org/2013/12/12/ju...f-scientologys-murky-trusts-in-fraud-lawsuit/
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  2. Anonymous Member

    This is going to be interesting!
  3. RightOn Member

    wonder if all these judges from all these cases read Tony's blog, or are they not allowed to?
    Would love to throw them all in a room so they can compare notes on how similar and dirty the tactics are by the cult in every single case. Oh to dream
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  4. Anonymous Member

    THIS IS WIN! THIS IS BIG WIN... THIS COULD LEAD TO EPIC WIN
    that is all
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  5. Anonymous Member

    Could, would. Let's see what Babbitt gets out of this.
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  6. Anonymous Member

    Another happy stats day for us.
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  7. Anonymous Member

    ITT: premature ejaculation of imaginary WIN. There is still several blind swings at the pinata that need to play out.

    Michael Leonard Tilse
    http://tonyortega.org/2013/12/12/ju...y-trusts-in-fraud-lawsuit/#comment-1160508791



    t1kk replied to Michael Leonard Tilse
    http://tonyortega.org/2013/12/12/ju...y-trusts-in-fraud-lawsuit/#comment-1160754759
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  8. muldrake Member

    Tikk is, as usual, correct.

    I personally believe CSRT is a complete sham. That would actually be a reason to rule that it isn't even really a party, but just an alter ego for the cult itself. But the burden of proof to establish that is nearly insurmountable. Just calling something a trust (and doing the right paperwork) basically establishes a presumption that it's legitimate. And if it's legitimate, then you look at where the trustees are. And where they are destroys diversity, i.e., gets this case thrown out of federal court.

    This leaves the plaintiffs seeking relief in state court. While legally, this isn't a huge problem, it might be a huge problem if their lawyer is in Florida and would have to travel coast to coast to pursue the case, and they don't have alternate counsel to sue in California (and for reasons I've mentioned before Florida might not be a great venue).
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  9. wolfbane Member

    Interesting twist - Judge James D. Whittemore is no stranger to cult lolyers. He has seen Wally Pope and Moxon in his courtroom before. And boy-oh-boy, were they in rare lulzy form!!

    Lets take a moment to flashback to the 2000-2004 case against Ursula Caberta.
    From: https://archive.org/details/gov.uscourts.flmd.97731

    Assigned-to: Judge James D. Whittemore
    Case-cause: 28:1332 Diversity-Tort/Non-Motor Vehicle
    Case-name: Heller v. Caberta
    Court: flmd
    Date-case-filed: 2000-07-27
    Date-case-terminated: 2002-05-10
    Docket-num: 8:00-cv-01528
    Jurisdiction: Diversity
    Jury-demand: Plaintiff
    Mediatype: texts
    Nature-of-suit: 360 P.I.: Other
    Pacer-case-num: 97731

    And who do we see on the docket? Cult lolyers. Yes indeedy. From: http://ia600607.us.archive.org/2/items/gov.uscourts.flmd.97731/gov.uscourts.flmd.97731.docket.html

    Plaintiff Hubert Heller represented by F. Wallace Pope , Jr., Helena K. Kobrin and Kendrick L. Moxon.

    This case appears to be related to the time Ursula visited the LMT crew in Clearwater and scilons showed up at the airport screaming crazy nazi shit at her. Some background dox here:

    http://lisatrust.freewinds.be/legal/caberta/Ursulacivil.pdf
    http://lisatrust.freewinds.be/legal/caberta/motion-dismiss-082800.htm

    Full story: http://www.xenutv.com/blog/2010/02/28/ursula-cabertas-trip-to-florida/

    The docket reads like this case was beyond the usual scilon lawsuit circus and things were taken to the ultimate extremes. Especially in the January to May 2002 timeframe, followed by 2 years worth of sanctions/attorney-fee battles after the order to dismiss came down.

    Heh. Ohhhh how I would love to know the thoughts in Whittemore's head when he seen Pope & Moxon pulling the usual shenanigans in his courtroom again.

    From: http://tonyortega.org/2013/10/03/li...scientology-federal-fraud-lawsuit-mini-trial/
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  10. wolfbane Member

    Another instance of cult lolyers Kobrin & Moxon being in Judge Whittemore's courtrom - one of the associated minor case actions related to the fall of scilon whale Bryan Zwan and Digital Lightwave, Inc. (Haney, et al v. Zwan, et al).

    Y2K Motion to Compel for enforcing a subpoena and making Kendrick Moxon appear for a deposition. And then the same for Stacy Brooks was added 12 days later.

    https://archive.org/details/gov.uscourts.flmd.99579
    http://ia600801.us.archive.org/23/items/gov.uscourts.flmd.99579/gov.uscourts.flmd.99579.docket.html

    Whittemore granted the orders as well as granting a reconsideration to extend the due date after Moxon countered that he needed more time.
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  11. muldrake Member

    I'd almost forgotten that crazy train. That case got genuinely absurd. If I'd been Caberta, I'd have just sworn off America and said "y'all can go fuck yourselves and good luck getting this shit enforced in Germany you Yankee weirdoes."
    • Like Like x 4
  12. wolfbane Member

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  13. wolfbane Member

    A weird aside re: CSRT - Church of Scientology Religious Trust - who is named in the Garcia lawsuit and plays a big role in the pending diversity jurisdiction issue.

    You would think the cult would be extremely cautious to keep up the appearance of that entity being strictly California-based until Whittmore's ruling lands. But apparently not. According to this post on ESMB and the leaked e-mail, they just keep muddying the waters!

    From: http://www.forum.exscn.net/showthre...eligious-Trust&p=895424&viewfull=1#post895424
    NOTE the address used on the letterhead!
    letter-1.jpg letter2.jpg
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  14. RightOn Member

    any postmark (stamp) on this stating that it special rates due to tax exemption?
  15. wolfbane Member

    Everything given on ESMB I cross posted.
  16. Incredulicide Member

    In text form so it's googleable:

    CHURCH OF SCIENTOLOGY RELIGIOUS TRUST
    319 SOUTH GARDEN AVENUE • CLEARWATER • FLORIDA • 33756 • USA
    • Like Like x 4
  17. DeathHamster Member

    Sadly, it's not about where they do business, but where the trustees are. Unless it turns out that it's not really a trust...
    • Like Like x 1
  18. BigBeard Member

    Still and all, have the Garcia's attorneys been advised of this? If nothing else, it shows the fund raising scam still goes on, just replacing "Super Powers" with "El Rum Hall".

    BigBeard
    • Like Like x 1
  19. Xenu Is Lord Member

    Yes and no. You are correct to a point. One factor that the judge can look at is, are they in fact trustees in CA but for the sole purposes of shielding the organization from fraud suits in a dishonest manner. EI, the court can aknowlage what is on paper but invalidate it if he finds that it is a part of the scam. This doc helps establish that not all is as it seem. Now by itself it wont mean much but adding it to the collective of crap pointing to a misdirection of intent by the cult it does help.
    • Like Like x 2
  20. wolfbane Member

    Ted Babbitt’s gambit: Recasting the Garcia federal fraud lawsuit against Scientology
    http://tonyortega.org/2014/03/28/te...ia-federal-fraud-lawsuit-against-scientology/
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  21. The Wrong Guy Member

    ^

    Now, several months later, with that homework accomplished, the Garcias are apparently ready to admit that three of the entities they sued — USIMT, CSRT, and IASA — should be let out of the suit.

    But rather than fold altogether, their attorney Ted Babbitt tells Judge Whittemore that the investigating they did only made it more clear that the real culprit in soliciting money from the Garcias under fraudulent means was committed by the Flag Service Organization, a Scientology entity that runs its “spiritual mecca” in Clearwater.

    http://tonyortega.org/2014/03/28/te...ia-federal-fraud-lawsuit-against-scientology/
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  22. RightOn Member

    Does the Flag Service Org. fall under the RTC?
  23. Quentinanon Member

    Yes it does.
    • Like Like x 3
  24. Tony Ortega: Scientology answers the Garcias — And turns over a trove of internal documents
    http://tonyortega.org/2014/03/29/sc...ver-a-trove-of-internal-documents/#more-14085

    Excerpts:
    http://www.scribd.com/doc/215162804/Garcia-v-Scientology-Scientology-Supports-Motion-to-Dismiss
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  25. xipe totec Member

    sacrifices !
    paint them in blue bring them to me
    first of all the little asthmatic dwarf
    let's see what is his heart colour?
    • Like Like x 2
  26. http://www.forum.exscn.net/showthre...tology&p=919402&viewfull=1#post919402
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  27. wolfbane Member

    Oh lawl! The Luis Garcia depo is rich in lulz and hrrmmms:
    http://www.scribd.com/doc/215169126/Garcia-v-Scientology-Deposition-of-Luis-Garcia

    Things that make you go hrrmmm: Scientology whale Matt Feshbach helped reg Garcia for stoopid power donations on 20-25 occaisions. I wonder if he got a FSM-type commission on those donos? Also, more often than not Garcia said no to donation regging, yet they still fleeced him for tens of thousands of dollars. And the lawyer being kind enough to point out two IAS receipts for the same thing with different numbers - so many donations the IAS couldn't even keep track of them? Say it isn't so!

    Lulz: Scilon lawfag Deixler does not know that "intention" is a word with a specialized meaning unique to Scientologists and opened up a can of stoopid when he tried to nail down Garcia on issues of him intending, as a big being, to make a dono before he was aggressively reg'd for it. Deixler also did a damn fine job of emphasizing that the Garcias got reg'd so hard for super power donos that sometimes the spouses weren't aware what the other one was hit up for. Diexler also gave Garcia ample room to stress that all the dono receipts came from California despite the transactions and regging occurring at Flag in Florida.

    Oh and Deixler pointing out one receipt was signed 'much love from Sharmaine and your super power family' despite being recorded as a CSRT dono -- muhahahahawa -- priceless! As was him asking if Garcia kept his commendations because he was proud of making those donos and Garcia stating that pride had nothing to do with it, he kept them because they "helped grease the wheels" when he went to Flag for services.

    Popcorn. I had some with this document.
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  28. amaX Member

    Muh face hurts from smiling. Heh.
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  29. The Wrong Guy Member

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  30. RightOn Member

    wow this case, Jeff Harris's case and Laura's case are all getting very interesting.
    • Like Like x 2
  31. Random guy Member

    Having red the transcript, am I correct in assuming that the plaintiff's position now is that these trusts doens't really matter as 1) they were never presented to plaintiff as separate enteties, 2) plaintiff had no reason to assume payment was to the trusts rather than to the projects and 3) that it is in rality one big mash anyhow?
    • Like Like x 2
  32. The Wrong Guy Member

    Scientology takes aim at the latest move by the Garcias in their federal fraud suit | The Underground Bunker

    More than a year ago, Luis and Rocio Garcia filed a federal fraud lawsuit against five Scientology corporate entities, alleging that while the Garcias were in the church, they were defrauded as they were constantly hit up for donations.

    When the lawsuit was filed in January 2013, it seemed like a landmark case — many former Scientologists are in the same position as the Garcias, having given large amounts to the church and wishing they could get it back now that they’ve left.

    But our readers, who have been following the case closely, know that the lawsuit ran into a strange snag. More than nine months after it was filed in Tampa, Florida, Scientology’s attorneys suddenly announced that the Garcias had chosen the wrong venue. Although the Garcias gave much of their donations to Scientology’s Florida operations, three of the defendant entities in the case had trustees in California, where the Garcias live. According to a basic concept of law known as “diversity jurisdiction,” it was not proper for the Garcias to have sued those three entities in Florida.

    After months of discovery, the Garcias decided to drop those three entities and press on with their lawsuit against the remaining two: Scientology’s Flag Service Organization (FSO) and Flag Ship Service Organization (FSSO).

    Now, Scientology has answered back, saying that Judge James Whittemore should throw out the entire lawsuit altogether.

    Dismissing only the non-diverse defendants is a highly disfavored practice…A district court may resort to it “sparingly”…The only remedy, and the required remedy, is dismissal of the entire action.

    Our legal experts have told us previously that they find this one tough to handicap. Judge Whittemore might agree and toss the case — and the Garcias could then refile it in another venue.

    One of our legal experts zeroed in on one passage in Scientology’s filing.

    Continued at http://tonyortega.org/2014/04/16/sc...e-by-the-garcias-in-their-federal-fraud-suit/
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  33. TorontosRoot Member

    Doing everything they can to stop the lawsuit eh?
  34. yes, and they will. they have hte billions in reserve to through at any lawsuit without making a dent in their pocketbook. fuckers.
  35. Random guy Member

    Whether this will stop the trail depends on 1) if Babbit & Co are well versed enough in law to find the appropriate references, and 2) if the judge still is miffed enough by the diversity shenanigans which had him fuming the last time.
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  36. unfortunately Babbit and Co. already made a major booboo with the trustee's shit :/
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  37. Random guy Member

    Well, the judge gave them a chance to amend their complaint, so it can't be all bad. Babbitt seems to be one of those lawyers you do not want to have on your tail.
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  38. It seems like there was a lot of promise when Babbitt first came out in the media announcing the suit. But I don't sense the same fire and vigor as then.

    Look at what happened to Dandar. He's a pit bull and he ended up with a personal $1 million judgment for his troubles.

    Maybe Babbitt has a few tricks up his sleeve. I just hope the cult doesn't wear him down by outlasting and outspending him for the next 10 years using their billions.

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