NOTE: I have made a considerable effort to get the scanning errors in
this document corrected and I've done my best to make sure that the
foot notes are properly indented in the text so that you can determine
which text in this Stipulation of Evidence are foot notes and which is
the main text of the indictment. There may still be some errors however
as I see them I'll fix them. If you send in corrections, I'll apply them.
Of particular note is the fact that I've marked in bold some of
the names of the ringleaders mentioned here since they are still part of the
Scientology®
crime syndicate. The "Guardians Office" was renamed to the
"Office of Special Affairs" which continues to operate unabaited.
UNITED STATES DISTRICT COURT
The United States of Americal through its attorneys, United
States Attorney Carl S. Rauh, Assistant United States Attorneys
Raymond Banoun, Timothy j. Reardon, III, and Steven C. Tabackman,
and the attorneys for the defendants: Leonard B. Boudin, Esquire,
and Michael L. Hertzberg, Esquire, for the defendant Mary Sue
Hubbard; Phillip j. Hirschkop, Esquire, for the defendants
Henning Heldt and Duke Snider; Rcger Zukerman, Esquire, and Roger
Spaeder, Esquire, for the defendants, Richard Weigand and Gregory
Willardson; Michael Nussbaum, Esquire, and Earl C. Dudley,
Esquire, for the defendants Cindy Raymond and Mitchell Hermann,
also known as Mike Cooper; John Kenneth Zwerling, Esquire, for
the defendants Gerald Bennet Wolfe; and Leonard J. Koenickp
Esquire for the defendant Sharon Thomas; as well as the
above-mentioned defendants themselves , agree and stipulate that
the evidence as to all the defendants is as follows:
1. The Witness Michael J. Meisner
Michael J. mEisner, 29, was born in Chicago, Illinois. He
attended parochial elementary and secondary schools. He studied
at the University of Illinois at Urbana for two and a half years
from 1968 through 1970. Mr. Meisner became interested in
Scientology in November 1970 when he was intro- duced to it by a
friend. During the next two months, he took several courses at
the Urbana Church of Scientology franchise and in January 1971
left the University to become a full time course supervisor. He
held this Position until May 1971 when he was sent to the Church
of Scientology of St. Louis for two weeks of further training. He
then returned to Urbana, Illinois, where he resumed his duties as
a course supervisor until September 1971. At that time, he
returned to the St. Louis Church of Scientology where for the
next eight months he was trained to become an auditor. 1/ From
May 1972 until August 1972, he resumed his duties as a course
supervisor and an auditor in Urbana, Illinois. In August 1972,
lie assumed the position of Executive Director of the franchise
until June 1973.
In mid-May 1973, the defendant Duke Snider recruited Mr. Meisner
for the Guardian's Office of the Church of Scien- tology in
Washington, D.C. In a meeting in Washington, D.C., the defendant
Snider told him that he wanted him to become part of the
Intelligence Bureau of the Guardian's Office. The Intelligence
Bureau became the Information Bureau Bureau [sic] in July 1973.
In mid-June 1973, Mr. Meisner and his wife Patricia were accepted
for the Guardian's Office and moved to the District of Columbia
to take courses in prepara- tion for assuming their duties as
officials of that orgainiza- tion. Upon becoming an officer of
the Intelligence Bureau, Mr. Meisner was instructed by the
defendant Duke Snider that that Bureau was in the forefront of
the Guardian's Office that is, it dealt with safeguarding the
environment within which Scientology existed by locating,
removing and rendering harmless all thore perceived to be enemies
of Scientology, This was accomplished by infiltration, theft of
documents and covert operations. Following a week of training in Guardian's
Office procedures and policies in the District or Columbia, Mr.
Meisner was sent to Los Angeles, California, for more intensive
training in the Intelligence (Information) Bureau.
From July 1973 until October 1973, Mr. Meisner's training in the
Information Bureau of the Guardian's Office in Los Angeles,
California, included intensive courses in administra- tive
procedures, policies and practices of the Information Bureau, as
well as the Guardian's Office as a whole. These included courses
on the preparation of documents, such as reports, "CSWS"
(completed staff work), 2/ "programs," (later denominated
"Guardian Program Orders") "projects," "Guardian
Orders," and daily Intelligence reports. He also learned the routing
and format required in the preparation of documents. Mr. Meisner was
taught that strict adherence to the chain of command and
seniority within the organizational structure
was of paramount importance in the day-to-day operations of the
Guardian's Office, and more specifically the Information Bureau.
Mr. Meisner was Instructed that the routing placed on each
written document followed strictly that chain of command so that
each memorandum, report, etc., went to the appropriate persons
for approval and/or information. In a clinical setting, Mr.
Meisner also learned to conduct covert investigations,
surveillances "suitable guise" investiga- tions, 3/ the
recruiting and supervising of covert agents, the placing of these
agents in organizations that were to he infiltrated, the theft of
documents, and other overt and covert intelligence gathering
techniques. The defendant Gregory Willardson, among others,
supervised him in the these areas. For a three-week period Mr.
Meisner also cross- filed memoranda and other [sic] covertly and
overtly obtained documents of interest to Scientology. He thereby
became intimately familiar with the sophisticated filing system
maintained by the Guardian's Office and its Information Bureau.
The absolute necessity of correctly labelling and filing all
documents obtained and kept by the Information Bureau was
emphasized to Mr. Meisner. Strict adherence to these policies was
mandated to assure that the Information Bureau and the Guardian's
Office functioned in a proper and efficient manner.
In November 1973 Mr. Meisner returned to the District of Columbia
as Branch II Director of the Information Bureau. In that position
he was responsible for internal security matters. These included
both the physical security of the premises of the local
Guardian's Office as well as the handl- ing of all dissident and
disaffected Scientologists. with regard to the latter, his duties
included obtaining personal information which would prevent them
fron becoming a nuisance to Scientology. In January 1974, the
Guardian World-Wide Jane Kember elevated Mr. Meisner to the
position of Assistant Guardian for Information in the District of
Columbia (AG I DC) In his new post, Mr. Meisner was responsible
for all overt and covert intelligence investigations and
operations. This included the implementation of all Guardian orders,
programs, and projects within the District of Columbia applicable to
the Information Bureau, as well as overall supervision of all covert
operatives in private and governmental agencies. Until March
1974, the defendant Duke Snider was Mr. Meisner's immediate
supervisor. At that time, the defendant Snider was Assistant
Guardian for the District of Columbia (AG DC) the highest
position in the local Guardian's Office.
II. Organizational Structure of the Guardian's Office
As a result of his intensive training in the Guardian's Office as
well as having held high positions within the Information Bureau
Mr. Meisner became thoroughly familiar with the organizational
structure of the Guardians Office and its bureaus, both
nationally and internationally. _Govern- ment Exhibit No. 1A_ is
a chart showing the organizational structure of both the
World-Wide and United States Guardian's offices. At all times
material to the indictment, the Guardian's Office had World-Wide
headquarters at St. Hill Manor in
East Grinstead, Sussex, England; United States headquarters in
Los Angeles, California; and a local office in the District of
Coluubia and some thirty other cities throughout the United
States. 4/ Each of the Guardian's Offices was con- posed of five
bureaus: Information (prior to July 1973 known as the
Intelligence Bureau), Public Relations, Legal, Finance, and
Social Coordination. A sixth bureau not shown on _Government
Exhibit No. 1A_ was known as the Services Bureau. Each bureau was
headed both at the World-Wide and national level by a Deputy
Guardian. At the local level each bureau was headed by an
Assistant Guardian. At all times material to the indictment, L.
Ron Hubbard was, by virtue of his role as the founder and leader
or Scientology, overall supervisor of the Guardian's Office.
His wife, the defendant Mary Sue Hubbard, held the titles of
"Controller" and "Commodore Staff Guardian" (CSG)
and, as the second person in the hierarchy of Scientology, had duties
which included supervision of the Guardian's Office. Jane Kember held
the title of "Guardian World-Wide" (GWW) and headed the daily
operations of all Guardian's Offices, reporting directly to the
defendant Mary Sue Hubbard who in turn reported directly to L.
Ron Hubbard. The Deputy Guardian for Informa- tion World-liide
(DG I WW) was Morris Budiong, also known as Mo Budlong (hereafter
Mo Budlong). He supervised all Information Bureaus around the
world and reported to Jane Kember. The defendant Henning Heldt
was the Deputy Guardian for the United States (DG US) supervising
all Guard- ian's Offices in the United States. He reported
directly to Jane Kember.
_Government Exhihit No. 1B_ is an organizational chart of the
Information Bureau in the United States from November 1973 until
January 1976 when it was reorganized. The defendant Duke Snider
was Deputy Guardian for Information in the United States (DG I
US) from March 1974 until January 1975, a position
thereafter held by the defendant Richard Weigand. Beginning in
January 1975 and at all other relevant times charged in the
indictment, the defendant Snider was Deputy Deputy Guardian for
the United States (DDG US) and in that capacity was the defendant
Heldt's top assistant. In October 1975, the defendant Gregory
Willardson became the Deptuty Deputy Guardian for Infor- mation
U.S. (DDG I US). Prior to that date he had held the position of
Branch I Director U.S. (BR I DIR US). The defend- ant Cindy
Raymond was the Collections Officer for the United States (COLL
OFF US). She was responsible for the overt, and covert data
collection for the Information Bureau.
_Government Exhibit 1C_ is an organization chart of the
Information Bureau in the United States after its reorganiza-
tion in January 1976. Following the removal of the defendant
Richard Weigand from the position of Deputy Guardian for
Information U.S. on approximately May 15, 1977, that postition
was assumed by Brian Andrus until June 16, 1977, and there- after
by the defendant Gregory Willardson. From January 1976 until May
1977, Mr. Willardson held the position of Deputy Deputy Guardian
Information U.S. (DDG I US). For the period
January 1976 to June 1976, Mr. Willardson also held the position
of National Secretary for the Information Bureau U.S. (NATL SEC
US). 5/ From June 1976 until August 1976 the position of National
Secretary was held by Michael Meisner, who was succeeded in
September 1976 by the defendant Cindy Raymond.
Government Exhibit No. 1D is an organizational chart of the
Information Bureau in the District of Columbia. From January 1974
until June 1976, Mr. Meisner held the position of Assistant
Guardian for Information in the District of Columbia (AG I DC).
Immediately under him was the defendant Hermann who held the
position of Information Branch I Director from January 1974 until
March 1975. The defendant Hermann, using the alias "Mike Cooper,"
subsequently held the position of Southeast U.S. Secretary (SEUS
SEC) from January 1976 until March 1977 when he was succeeded by
Brian Andrus.
(See Government Exhibit No. 1C, supra.)
The routing on each document prepared within the Guard- ian's
Office of the Church of Scientology, and its under- lying
bureaus, tracks the organizationial charts. (Government Exhibits
Nos. IA-ID.) Thus, in the routing portion of each document is the
abbreviation of each of the positions held by the Persons who
were to receive the particular documents, as well as that of the
author of the document. (See, e.g. Government Exhibit 14,
discussed at page 48, infra.
From January 1974 when Mr. Meisner joined the Guardian's Office
until he left the Church of Scientology in June 1977, Mr. Meisner
had extensive person to person contacts with the defendants
Henning Heldt, Duke Snider, Richard Weigand, Gregory Willardson,
Cindy Raymond, Mitchell Hermann, Gerald Bennett Wolfe and Sharon
Thomas. During some of the periods charged in each conspiracy,
the latter four defendants were in fact, subordinates of Mr.
Meisner. Mr. Meisner repeatedly met with each of these eight
defendants. He exchanged many written communication with them,
especially the first six named defendants as well, as the
defendant Mary Sue Hubbard.
He became intimately familiar, with the handwriting and signa-
ture of the defendants, and thus is able to identify their
writings and signature wherever it appears on the documents
appended to the instant record as Government Exhibits. Indeed he
witnessed most of the defendants write and sign their names in
his presence.
III.
The Conspiracy to Intercept Oral Communications, Burglarize and
Steal, and the Substantive Acts Committed Pursuant Thereto.
On November 21, 1973, Jane Kember, the Guardian World- Wide
(Guardian W/W) wrote a letter to the Temporary Deputy Guardian
U.S. (T/D/Guatrdian US) Henning Heldt "Re Interpol Washington."
(See Government Exhibit No. 26/ at page 3,
et seq.) in that handwritten letter, she informed the defendant
Henning Heldt that the Guardian's Office has "some documents,
_illegally_obtained_, that indicate Interpol Washington was in
touch with Interpol Paris, London, Melbourne, Ottawa and Lomba
Malawi.11 (Emphasis' added.) She added at page two of that letter
that "we now know that Washington D.C. has police files on LRH,
and _if_ the reference is correct, Interpol Washington has a file
on LRH as well." She then directecd that "[I]t is important that
we get cracking and obtain these files and I leave you to work
out how." Attached to that letter were a number of Interpol
documents.
In his three and one half years as an official of the Guardian's
Office, including serving as the highest official of the
Information Bureau in the District of Columbia and the national
Secretary of the Information Bureau in the United States, Mr.
Meisner met and exchanged communications with Ms. Kember. He has
also seen numerous communications from her to other Guardian's
Office officials. Based on that experience, Mr. Meisner became
familiar with her handwriting. He Recognizes the handwriting in
the above-mentioned letter as that of Jane Kember. Mr. Meisner also
recognizes the routing in the upper left-hand corner, or page three
to be in accordance with the required routing procedures of the
Guardians Office. 7/
Government Exhibit No. 2, pages one and two, is a letter signed
"Henning" addressed to "Dear Dick" dated 29
April 1975,
referring specifically to the November 21, 1973 order of Jane
Kember which, the letter indicated, was attached to it. The
letter concluded "while Legal is doing FOI [Freedom of
Information Act] actions to obtain these (documents), please have
B-1 [Information Bureau-Bureau 1] obtain them (the Legal route is
at best lengthy.)" According to the routing portion located on
the upper left hand corner of the document the letter was sent by
the Deputy Guardian U.S. (DG US) , the defendant Henning Beldt,
to the DC Info US, the defendant Richard Weigand. Next to the
abbreviation "DO Info US" are the initials "DW" of the defendant
Richard [Dick] Weigand. Mr. Meisner identifies the signature and
handwritten entry on page two of Government Exhibit No. 2 as the
handwriting of the defendant Henning Heldt. The Government's
handwriting analysis expert, Mr. James Miller, positively
concludes that both the signature and the three-line handwritten
note on page two of that document is in the handwriting of the
defendant Heldt.
In July 1974 the defendant Duke Snider, who was at the time
Deputy Guardian for Information in the United States,
sent a written order to Michael Meisner, the Assistant Guardian
for Information in the District of Columbia. That order referred
to Jane Kember's outstanding order to obtain Interpol files
regarding Scientology from District of Columbia Interpol offices.
The Snider order directed Mr. Meisner to prepare a "project" to
obtain all these Interpol files. Pursuant to that directive, Mr.
Geiser, drafted such a "project" and sent it to the defendant
Snider in Los Angeles for laws approval. The "project" called for
the infiltration of the Interpol National Central Bureau for the
United States, then located in the United States Department of
the Treasury main building in Washington, D.C., in order to
obtain all files regarding, or, referring to, Scientology and its
founder L.Ron Hubbard The defendant Snider acknowledged the
receipt of that "project," and by return mail approved its
issuance. Mr. Meisnier there- after assigned the "project" to the
defendant Mitchell Hermann, who was then Branch I Director in the
District of Columbia Information Bureau. The Interpol files
required to be obtain- ed by Ms. Kember's outstanding order of
November 21, 1973 (Government Exhibit No. 2) and Mr. Snider's order of July
1974, were not taken, however, until the burglaries of the office
of Assistant United States Attorney Nathan Dodell in the United
States Courthouse for the District of Columbia in May 1976. In a
2 May 1975 letter to Henning Heldt, the DG US, appearing on the
last page of Government Exhibit No. 2, the defendant Richard
Weigand stated that as of that date the order requiring the
obtaining of the "IP" [Interpol] DC files hasn't begun yet". Mr.
Meisner identifies the signature "Dick" as having been made by
the defendant Weigand.
A. The Order to Infiltrate the Internal
Revenue Service in Washignton, D.C.
In the late summer of 1974, the defendant Cindy Raymond, who then
held the position of Collections Officer in the US Information
Bureau in Los Angeles, California, sent a directive to Hichael
Meisner ordering him to recruit a loyal Scientologist to be
placed as a covert agent at Internal Revenue Service in
Washington, D.C. That covert operative was to obtain employment
with the Internal Revenue Service for the pur- pose of taking
from that agency all documents which dealt with
Scientology, including those concerning pending litigation
initiated by Scientology against the United States Government.
Mr. Meisner discussed the recruiting of that covert operative
with the defendant Raymond on at least a weekly basis for three
to four weeks. 8/ As a result of the directive which he received
from Ms. Raymond and the discussions with her, Mr. Meisner and
the defendant Mitchell Hermann proceeded to interview
Scientologists as prospective agents for the IRS infiltration.
The efforts of Messrs. Meisner and Hermann proved futile however,
and the defendants Raymond in September, 1974 informed Mr.
Meisner that she had selected defendant Gerald Bennett Wolfe to
infiltrate the IRS on behalf of the Church of Scientology. Mr.
Wolfe arrived in the District of Columbia in October 1974, and
eventually obtained employment at the IRS on November 18, 1974,
as a clerk typist.
Government Exhibit Nos. 3 9/and 4 10/ are virtually identical
copies of Guardian Order 1361 issued 21 October 1974 Mr. Meisner
and Ms. Hirsch state that the document in question was issued by
the Guardian World-Wide Jane Kember in accordance with required
Guardian Office procedure for the issuance of Guardian Orders.
11/ Ms. Hirsch identifies the initials which appear at the lower,
left-hand of page ten on each exhibit as those of Lexie Ramirez
(Ms. Kember's secretary at the time). Furthermore, Mr. Meisner
states that certain targets (target number 10, 16 and 17 located
at page nine of Government Exhibit Nos. 3 and 4), were specif-
cally assigned to him to carry out in the District of Columbia.
These targets were as follows:
10. Immediately get an agent into DC IRS to obtain files on LRH.
Scientology, etc. in the Chief Council's [sic] office, the
Special Services staff, the intelligence division, Audit
Division, and any other areas.
16. Collect data on the Justice Dept.
Tax Division for the org board, the current terminals, and the
people handling Scicntology.
17. When the correct areas are isolated,
infiltrate and get the files. The entry at the end of each
target, and connected to it by a straight line, refers to the
bureau and official whose task it is to achieve that particular
target. Guardian Order 1361 (generally known as GO 1361) also
called for the placing of
"an agent, trustworthy and well grooved in, to infiltrate the IRS
LA office" (target 2). That "agent" was "to obtain any files on
LRH, Scientology", etc. from both the Intelligence Division
(target 3) and the Audit Division (target 4) of the Los Angeles
IRS Office. It also called for the location (target 20) and
infiltration (target 22) of the IRS London Office in order to
"obtain all documents" (target 22). 12/ Guardian Order 1361
directed that once documents had been obtained clandestinely, the
designated bureau and official would create "suitable cover" to
disguise the manner in which "the data was obtained" so that they
may be released to "PR [Public Relations] for dead agenting,"
that is, for possible use in impeaching those perceived as
enemies of Scientology.
The defendant Cindy Raymond repeatedly discussed GO 1361 and its
various targets with Mr. Meisner over a period of two years.
Indeed, defendants Henning Heldt, Duke Snider, Richard Weigand,
Gregory Willardson, Mitchell Hermann, and Gerald Bennett Wolfe
also discussed on many occasions with Mr. Meisner the actual
implementation of GO 1361. in the District of Columbia. These
conversations occurred both in person, in writing and by
telephone. Those in person took place in Washington, D.C., and
Los Angeles, California, and are dis- cussed at length infra. At
all times these seven defendants expressed their agreement with,
and total understanding of, the targets within GO 1361, a number
of which involved the infiltration of Government offices and the
theft of government documents and photocopies thereof as called
for by targets 10, 16 and 17.
B. The Bugging of the IRS Cheif Counsel's
Conference Room on November 1, 1974
A few days before November 1, 1974, Don Alverzo, who held the
position or Deputy Information Branch I Director US tele- phoned
Mr. Meisner from Los Angeles, California, to inform
him that he was coming to the District of Columbia to place an
electronic bugging device in the Chief Counsel's conference room
at the Internal Revenue Service where a major meeting concerning
Scientology was to be held. On October 30, 1974, Mr. Meisner met
Mr. Alverzo at the Guardian's Office located at 2125 S Street,
Northwest, in the District of Columbia. Also present at this
meeting were the defendants Mitchell Hermann and Bruce Ullman who
held the position of Information Branch II Director in the
District of Columbia. Alverzo showed Meisner the bugging device
which he had brought with him from Los Angeles. One of the items
Alverzo had was a multiple electric outlet containing a
transmitting device. In the late afternoon of October 30 Mr.
Meisner and the defendant Mitchell Hermann entered the main IRS
build- ing located at 1111 Constitution Avenue, northwest, for
the purpose of locating the conference room of the Chief
Counsel's office where the meeting was to be held on November 1,
1974 13/
On November 1, 1974, because of other pressing business Mr.
Meisner did not accompany Mr. Alverzo during the IRS bugging.
However, on the evening of November 1, 1974 subsequent to the IRS
conference, Mesiner met with the defendant Mitchell Hermann who
described to him what had taken place. The defendant Hermann told
Mr. Meisner that ha had entered the main IRS building on the
morning of November 1, 1974, gone to the conference room, where
the meeting was to be held and placed the bugging device in a
wall socket in that room. The room was located on the fourth
floor of the Internal Revenue Service main building in Washington
D.C. and faced the driveway of the Smithsonian Institution Museum
of History and Technology on Constitution Avenue Northwest. 14/
Thereafter, Hermann left the building and waited in a car in the
driveway of the mueseum with Don Alverzo and Carla Moxon (the
Assistant Guardian Communicator (Secretary) in the District of
Columbia) and overheard and taped the
entire meeting over the FM radio of the car. Following the
conclusion of the meeting, the defendant Hermann creentered the
IRS building, removed the bugging equipment from the conference
room and took various papers, including the agenda for the
meeting, which had been left by the participants. He showed these
items to Mr. Meisner. Soon afterwards Alverzo returned to Los
Angeles. He took with him the bugging device, and the tape
recording of the meeting. 15/
(Footnote continued on next page.)
Covernnent Exhibit No. 5 16/ is a November 1, 1974 letter,
entitled "Re: IRS Top Planning Session," from the defendant Duke
Snider who was then, as reflected by the routing on the upper
left hand side of the first page, the DG Info US. to Mo Budlong,
the DG Info World-Wide. The letter is sent via a number of other
individuals. A copy was also sent, according to the routing on
the upper portion of the first page, to CSG, the defendant Mary
Sue Hubbard. Mr. Meisner states that the routing conforms to the
standard routing requiremennts of the Guardian Office and
indicates that it was sent by the defendant Snider to Mr.
Budlong. Handwriting expert, James Miller, concludes that it is
probable that the handwritten notations "Top Planning Session"
(footnote continued from proceeding page.)
in the title of the letter and the one on the second page or the
document are in the handwriting of the defendant Duke Snider. Mr.
Meisner himself recognizes that handwriting to be that of the
defendant Duke Snider.
The letter stated that "[t]oday we gained access to the top level
IRS planning conference on what to do about Scien- tology. This
was done electronically so we don't know exactly who was present
but we have a fair estimate. Legal had told us several viecks ago
that there was to be a big IRS Pow Wow on what to do about us on
1 Nov. . . . " The letter further stated that the meeting was
held in IRS Chief Counsel's conference room and that the
participants discussed some of the matters which were taken up at
the meeting. In the letter, the defendant Snider stated that he
"will probably be able to got more data as to who attended when
our mission- aire 17/ gets back from DC. All the data we have at
present came by phone.''
Government Exhibits Nos. 6 and 187 are coded transcripts of the
bugged IRS meeting of November 1, 1974. Government Exhibit No. 6
is a summary of the meeting. Mr. Meisner identifies Government
Exhibit No. 6 by the routing in the upper left-hand and
right-hand sides of the first page. As reflected in its routing,
it was sent by the then DG Info US, the defendant Snider, to the
DG Info World-Wide, Mo Budlong, via. the DG US, the defendant
Henning Heldt and the Guardian World-Wide, Jane Kember, with a
copy to CSG, the defendant Mary Sue Hubbard. Government Exhibit
Nos. 7A and 7B are code Jade. The handwritten entries on page two
of Government Exhibit No. 7B, indicated that this was a code
which is to be used for correspondence between the United States
Office and the World-Wide Guardian's Office among others. Code
Jade was not to be used with "outer-orgs" meaning local
Guardian's Offices. Government Exhibits Nos. 6, 7 and 187 were
seized on July 8, 1977, in Los Angeles, California, by Federal
Bureau of Investigation Special Agent Eusebio Benavidez pursuant
to the Court-authorized search warrant described in footnote six,
supra, from a file cabinet in the office of Gregory Willardson in
the Cedars Complex.
Federal Bureau of Investigation Special Agent Arthur R.
Eberhardt, a Federal Bureau of Investigation cryptanalyst
examined Government Exhibits Nos. 6 and 187 and concludes that
they were coded texts each utilizing two different methods of
substitution codes. One method is a "digital code" which uses the
substitution of digits 10 through 99 for the various letters of
the alphabet, thereby allowing the author to sub- stitute a
variety of digits for any given plaintext letter The other method
is a "literal code" which involves the substitution of letters or
a word or words. Encoded letters have only one plaintext value
and retain the same value at all times. Agent Eberhardt also
analyzed Government Exhibit Nos. 7A and 7B and concludes that
code Jade as set forth in these exhibits was the code used It-Iri
prepare the marked Government Exhibit Nos. 6 and 187. Using code
Jade (Government Exhibils 7A and 7B) Agent Eberhardt decoded
Government Exhibits 6 and 187. He did so by writing above
all coded items its decoded meaning. Thus Government Exhi- bit 6
as decoded is Government Exhibit 210 and Government Exhibit 187
as decoded is Government Exhibit 211. These exhibits are
transcripts of the bugged meeting held in the IRS Chief Counsel's
conference room on November 1, 1974. Government Exhibit 210 is a
summary of that transcript and Government Exhibit 211 is the full
transcript. At the bottom of page six and at the top of page
seven of Goverment Exhibit 210 the defendant Snider wrote to his
superior Mo Budlong that "[w]e must be careful with this
transcript as even in the distant future in the hands of the
enemy the repercussions would be great. There are new laws on
this federally and a strong post-Watergate Judicial climate."
Thus, the Duke Snider, himself recognized in this letter the
criminal implications of the bugginng of the IRS meeting on
November 1, 1971.
On November 1, 1971, Mr. Lewis Hubbard, was employed by the
Office of the Chief Counsel of the Internal Revenue Service at
1111 Constitution Avenue, Northwest, and on that date attended a
meeting in the Chief Counsel's conference
room. Numerous other high officials of the IRS attended this
meeting. Mr. Hubbard states that the IRS held the November 1,
1974 conference to disscuss pending legal actions involving the
various churches Of Scientology and to establish general
guidelines for determination oh what constituted a "religious
institution" entitled to exemption from taxation under the
Internal Revenue Code. Mr. Hubbard has produced from his files a
lengthy pre-conference memorandum which he prepared at the
request of the Chief Counsel in order to brief all persons who
were to attend the November 1, 1974 conference regarding the
topics to be discussed (Government Exhibit No. 208). He has also
produced a post-conference memorandum which he prepaired
following the conclusion of the November 1, 1974 conference and
which outlines the matters discussed at that conference
(Government Exhibit No. 209). A comparison of these two exhibits
with Government Exhibits Nos. 210 and 211, (the FBI decodes of
Government Exhibits Nos. 6 and 187 respectively seized from the
offices of the defendant Willardson at the Cedars Complex by the
Federal Bureau of
Investigation) demonstrates that all four exhibits deal with
precisely the same discussions.
C. The First Infiltration of the IRS in the
District of Columbia Pursuant to GO 1361 Government Exhibits Nos.
8-11 18/ are a series of documents containing numerous telexes
and letters dealing with the infiltration of the Internal Revenue
Service by the defendant Gerald Bennett Wolfe pursuant to GO
1361. Mr. Meisner identifies the telexes as being in the standard
telex routing and format employed by the Guardian's Office and
the Information Bureau whenever sending telexes during this
period. Government Exhibit No. 8A reads as follows:
TELEX
Mr. Meisner explains that the numerals at the beginning of the
first line of the telex represent the following: 31 - day 10 -
month 39 - number of the telex sent from the U.S.
Guardian's Office on 31/10/1974 GOUS - Guardian Office US,
originator of the telex 4 - the number of telexes on that topic
AGI DC - the addressee
The date "3110," meaning October 31, using the European system
for setting out the date indicates that the first telex on this
topic was sent on October 31. The routine also shows that this is
the fourth telex on the topic discussed in the text of the telex,
and the handwritten notation on the states that it was sent on
"11.10.74" or November 10, 1974. The concluding line "Love
Duke DGI US" reveals that it was sent by the defendant, Duke Snider,
the Deputy Guardian for Information in the United States. The
abbreviation "ARC" is a Scientology term used in telexes as an
alternative to "STOP". "FSM" is an abbreviation for
"field staff member" a term, used in the Information Bureau
for covert operatives. All other telexes in Government Exhibits Nos. 8
through 11 carry the same routing and format and thus explain
when they
were sent, by whom, and to whom, as well as the sequence in which
they were sent. Thus, Government Exhibit No. 8A is a telex from
the defendant Snider, the "DGI US" to Michael Meisner the "AGI
DC." Mr. Meisner recalls having received it from the defendant
Snider. In it, the defendant Snider inquired whether Gerald
Bennett Wolfe, the "FSM" to be placed at the IRS had been able to
obtain employment in view of the hiring freeze there. Handwriting
expert James Miller concludes that it is "highly probable" that
the initials "DS" next to "DGI US" were written by the defendant
Snider. Mr. Meisner identifies them as initials made by the
defendant Snider. Government Exhibit No. 8B is the telex which
Mr. Meisner, the "AGI DC," sent to "DGI US" Duke Snider, via "DG
US" Henning Heldt stating that Gerald Wolfe, the "FSM" had
apparently passed the hiring freeze and that they "will know for
sure" Whether he has received employment by November 18 at the
latest. A notation on that telex indicates that it was received
on "11.11.74" at "2000" hours (8:00 p.m.). Government Exhibit No.
8C is a telex from the defendant Snider, the "DGI US," to Mr.
Meisner, the "AGI DC," stating "excellent
on both pls [please] keep me informed by telex". Mr. Meisner,
also recalls receiving that telex from the defendant Snider. The
handwriting "IRS + JUSTICE PENETRATION" in the upper portion of
Government Exhibit No. 8C is identified by Meisner, as that of
the defendant Duke Snider.
Government Exhibit No. 8D is a telex from Mr. Meisner to the
Guardian's Office U.S. in Los Angeles, California, informing it
that "FSM past freeze and in initial placement in Income Tax
Division as clerical." In this manner, Meisner notified the Los
Angeles Guardian's Office that the defendant Wolfe had obtained
employment and was working as a clerk at the IRS Income Tax
Division. Mr. Meisner recalls sending this particular telex to
the defendant Snider, Government Exhibit No. 8E is a response to
the previous telex from "DGI US" Duke Snider to "AGI DC" Meisner
congratulating Mr. Meisner for his work. The abbreviation "VVWD"
means "very very well done". Mr. Meisner recalls receiving that
telex. Government Exhibit 8, the cover letter dated November 11,
1974 was written by Mr. Joe Lisa, the Deputy Deputy Guardian for
Information U.S. (DDG I US), to the defendant Gregory
Willardson, the Information Branch I Director U.S., regarding the
"IRS evaluation" GO 1361, target 10, and directed Mr. Willardson
"to get this started immediately and push this hard" to get it
accomplished. 19/
Government Exhibit No. 9A is a telex sent on "14.11" November 14
1974) by "DGI US" Duke Snider, to DGI WW," Mo Budlong, "Re: GO
1361 Tar [target] 10," which informed Mr. Budlong, that despite
the national hiring freeze defendant Gerald Bennett Wolfe had
accepted employment at the IRS. Mr. James Miller, the handwriting
expert, positively indenti- fied the defendant Henning Heldt as
the writer of the initials next to "DG US" and states that the
initials next to "DGI US" were probably written by the defendant
Duke Snider. Mr. Meisner himself recognizes the handwriting
"despite freeze" and the initials next to "DGI US" are made by
the defendant Snider, and the initials next to "DG US" as made by
the defendant Heldt. Government Exhibit No. 9 is a telex received
"15.11.74"
(November 15, 1974) at "2000" hours (8:00 P.M.) from Mr. Budlong
to the defendant Snider, the "DGI US," which con- gratulated him
on the placement of a covert agent at IRS. The routing at the
beginning of the telex indicates that it is in response to
Government Exhibit No. 9A. Mr. Meisner recognizes the handwriting
on the upper portion of Government Exhibit No. 9 as that of the
defendant Duke Snider.
During the first week of Decembecr 1974 Meisner and the defendant
Mitchell Hermann entered the IRS building located at 1111
Constitution Avenue, Northwest, Washington, D.C., and remained
inside until sometime after 7:00 p.m. At that time, Mr. Meisner
and the defendant Hermann entered without permission offices of
the Exempt Organization Division on the seventh floor; removed
from the building one file relat- ing to Scientology and took it
to the Guardian's Office in Washington, D.C.; and photocopied it
there. The next day, the defendant Hermann returned it to the IRS
files. The pur- poso of their entry was to show to the defendant
Gerald Bennett Wolfe that documents could easily be taken from
the Internal
Revenue Offices. Following that entry, Mr. Meisner called the
defendant Duke Snider in Los Angeles, California, and told him
what he and Hermann had accomplished inside the IRS and what
documents had been stolen. He told the defendant Snider that the
entry which he and Hermann had made proved conclusively the ease
with which documents could be taken from the IRS.
Government Exhibit No. 10A is a telex sent on December 4, 1974 at
"2200" hours by the "DGI US," Duke Snider, to the "DGI WW" Mo
Budlong regarding "GO 1361 TAR 10." The telex informed Mr.
Budlong that the defendant Snider and his associates had received
"two shipments from DC . . . about ten inches" thick containing
documents which the defendants Hermann and Wolfe and Mr. Meisner
had stolen from the IRS. Handwriting Expert James Miller
concludes that the initials next to "DGUS" were probably made by
the defendant Heldt and that the initials next to "DGIUS" were
highly propobly by made by the defendant Snider. Mr. Meisner
recognizes each set of initial as being made by the defendants
Heldt and Duke Snider respectively.
Government Exhibit No. 10, a telex from Mr. Budlong to the
defendant Snider is a response to Government Exhibit No. 10A
stated "Duke such news brings joy to my heart ARC Absolutely
fantastic ARC I can't wait to see the data." Mr. Meisner
recognizes the handwriting in the upper portion of Government.
Exhibit No. 30, with the exception of "DW6/12" as that of the
defendant Snider; and the handwriting "DW6/12" as that of the
defendant Richard "Dick" Weigand. The telex indicated that it was
received at "1400" (2:00 p.m.) hours on "5.12.74" (December 5,
1974).
Government Exhibit No. 11 contains two letters. The second and
earlier letter in the exhibit, dated November 11, 1974 is from
Joe Lisa, the then Deputy Deputy Guardian for Information U.S. to
the defendant Willardson, the Branch I Director US. It directed
the District of Columbia Guardian's Office to immediately obtain
documents from the IRS pursuant to Target 10 of GO 1361. (The
letter is identical to Govern- ment Exhibit. No. 8.) The first
page of Governmant Exhibit No. 11, dated "9 December 74," is the
defendant Willardson's
response io Lisa's November 11 letter. It informed Mr. Lisa that
Target 10 of GO 1361, which called for getting an "FSM" into the
IRS in the District of Columbia, had been achieved, and that
compliance had already been reported to the World- Wide
Guardian's Office.
During his initial employment at the IRS, the defendant Wolfe was
supervised by the defendant Hermann. As such the defendant
Hermann maintained all contacts with defendant Wolfe. 20/
Defendant Hermann himself was a direct subordinite of Mr. Meisner
during this period and reported regularly to Mr. Meisner, on
defendant Wolfe's accomplishments. In mid- December 1974, the
defendant Mitchell Hermann went on vaca- tion, and Meisner took
over the supervision of the defendant Gerald Bennett Wolfe.
Before he left, however, the defendant Hermann arranged for Mr.
Meisner to meet the defendant Wolfe
in an Arlington, Virginia, parking lot and bring him over to the
defendant Hermann's house located on Fessenden Street, Northwest,
Washington, D.C., to coordinate future plans. At the parking lot,
Mr. Meisncr introduced himself to the defend- ant Wolfe using his
real name; however because Wolfe felt more comfortable being
called by a name other than his own, Mr. Meisner called the
defendant Wolfe "Kelly". During the subsequent one-half hour
meeting in the defendant Hermann's house, Meisner and the
defendant Wolfe discussed Wolfe's job and backgound. The
defendant Wolfe had previously been informed by the defendant
Hermann that Mr. Meisner was the Assistant Guardian for
Information in the District or Columbia The defendant Wolfe was
also told by Mr. Meisner that he could reach him at any time by
calling him either at his office at 2125 S Street, northwest,
Washington, D.C. or at his home in Arlington, Virginia. The
defendant Hermann instruc- ted the defendant Wolfe continue
obtaining all documnets related to Scientology from the IRS
office of Barbara Bird, an attorney in Refund Litigation Service.
21/
Thereafter, a few days prior to December 30, 1974, the defendant
Wolfe entered the office of Barbara Bird located in the main
building of the IRS at 1111 Constitution Avenue northwest,
Washington, D.C., without permission ,and took from her files
many documents related to Scientology. He photocopied them on a
photocopying machine in the IRS Building using United States
property and paper to accomplish the task. Upon completion of the
photocopying, the defendant returned the documents to Ms. Bird's
office. At a subsequant meeting with Mr. Meisner at a Lums
Restaurant in nearby Virginia, he gave him the stolen documents.
22/ He explained to Mr. Meisner, how he had obtained the
documnets from a file in Barbara Bird's office which contained
documents related to Scientology which Bird had acquired from
former IRS official Charlotte Murphy. Mr. Meisner, took the
documents to his office
at 2125 S Street, Northwest, reviewed them, and summarized them
in a memorandum to his superiors in the U.S. Guardian's Office.
Whenever he received stolen documents from the defendant Wolfe,
Mr. Meisner marked each one with an initial at the lower,
right-hand side, underlined those portions which he believed to
be particularly important to his superiors in the Guardian's
Office, and typed any one which was either handwritten or
illegible. He then prepared a memorandum addressed to his
immediate superiors in Los Angeles which summarized each
important point in the documents, and placed at the end of each
excerption the corresponding number of the document which he had
just summarized. He then routed the finished memorandum through
the Assistant Guardian for the District of Columbia to his
superiors in Los Angeles who included the Deputy Guardian for the
United States, the Deputy Guardian for Information in the United
States, the Branch I Director of the Information Bereau, and the
Collec- tions Officer. He also sent a copy of the material to the
Commodore Staff Guardian (CSG) , the defendant Mary Sue Hubbard.
Until January 1976, all such memoranda and supporting documents
were sent to the defendant Cindy Raymond who as Collections
Officer within the Information Bureau, was in charge of the
gathering of covertly obtained documents. After the reorgan-
ization of the Information Bureau in January 1976, almost all
memoranda regarding stolen documents were sent to the defendant
Hermann under his alias "Mike Cooper". The defendant Hermann was,
subsequent to January 1976, the Southeast U.S. Secretary of the
Information Bureau, and as such had immediate supervision over
the Information Bereau in the District of Columbia. The only
exception to this January 1976 procedure occurred in regards to
stolen Interpol documents, which were still to the defendant
Raymond who had become the Information Bureau Director National
U.S. All such memoranda were typed by Mr. Meisner himself and
were prepared in accordance with established Guardian's Office
procedures. Government Exhibit No. 12 23/ is a 30 December 1974
memorandum from Mr. Mesiner to the defendant, Cindy Rayrmond
entitled "Raw Data Report Re: IRS-Charlotte Murphy Scientology
File." It summarizes documents taken by the defendant Gerald
Bennett Wolfe from the offices of Barbara Bird at the IRS as
outlined supra. Mr. Meisner appended to that memorandum, and sent
it to Los Angeles, at least ninety eight pages of documents taken
from the IRS. (See Government Exhibit No. 12 at p. 7, paragraph
3). The routing portion which appears in the upper left-hand side
of the memorandum reflects that the "AG Info DC", Michael
Meisner, sent the memorandum to the Collec- tion Officer US, the
defendant Raymond, via the Assistant Guardian for the District of
Columbia, Lynn McNeil, who initialed it on "30/12" (30 December
1974). McNeil's notation shows that she reviewed it on that day
and transmitted it to the Deputy Guardian Commuinicator
(Secretary) for the United States and the Deputy Guardian for the
United Statesm the defendant Heldt. "DG Info US", the defendant
Weigand, placed his initials next to his title on January 6, 1975
("6/1/75"), as did the "Info Br I Dir US", the defendant
Willardson,
who initialed it on 10 January 1975 ("10 Jan") The defendant
Willardson then wrote a note to the defendant Raymond indi-
cating he had reshuffled the order, of the documents. 24/ During
the early part of January 1975, the defendant Hermann returned to
the District of Coltumbia from his vacation and resumed his
duties as supervisor of all Scientology co- vert operatives, who
included the defendants Wolfe and Sharon Thomas and Ms. Nancy
Douglass. The defendant Thomas was at the time a Scientology
covert agent at the Coast Guard Intelligence. Ms. Douglass was a
Scientology covert operative at the Drug Enforcement
Administration (DEA) from where she stole documents and
photocopies thereof and transmitted them over to the defendant
Hermann. The defendant Hermann contin- ued his duties in the
District of Columbia until early March
1975 when he was transferred to Chicago, Illinios, to continue to
work for the Guardian's Office.
Government Exhibit No. 13 25/ is a memorandum from the defendant
"Mitch" Hermann to defendant Raymond regarding documents stolen
from the Chief Counsel's file room at the IRS pursuant to "GO
1361 TGT #10." The March 1, 1975 memo- randum, which summarized
the stolen documents, was routed through the Acting Assistant
Guardian for the District of Columbia who, at the time, was Mr.
Meisner. The defendant Hermann was then Acting Assistant Guardian
for Information in the District of Columbia. 26/ The defendant
Cindy Raymond received the memorandum and placed on the upper
right-hand side
of page one above the date "CC: DG Legal US, DG PR US". 27/ In
late May 1975, the defendant Gregory Willardson directed Mr.
Meisner to implement "Project Horn" which Willardson, him self,
authored. "Project Horn" appended to Government Exhibit No. 14
28/ was issued in order to "provide a cover for PR [Public
Relations] and legal for the way they obtained IRS docs." The
project further implemented Guardian Order 1361, Target 6, which
had already provided for the creation or a "suitable cover" to
disguise the true manner in which stolen documents had been
obtained from tho IRS so that the Public Relations Bureau could
use them without fear of being connected to the thefts.Towards
this end, defendant Gregory Willardson
assigned to Mr. Meisner, as the Assistant Guardian for Informa-
tion in the District of Collumbia, the task of stealing IRS
documents concerning organizations other than Scientology. Thus,
whenever any stolen IRS documens were later released, those other
organizations would also be perceived as having received them and
their publications would, thereby, not point to the Church of
Scientology alone. Additionally, the project ordered the thcft of
IRS stationery so it might be used by members of the Guardian's
Office to draft false letters from a fictitious IRS employee
disgruntled with the organization. The stolen documents would
then be attached to the letters which would be sent to private
orgzanizations such as Scientology. Government Exhibit No. 14 (at
page 1) is a 9 April, 1975 letter from the defendant Willardson
to Jane Kember and Mo Budlong stating that he had complied with
GO 1361 target 6 by devising the "Project Horn" which he appended
to that letter. 29/ In a letter dated 9 April 75 found at page
six of
(footnote continued on next page.) -
(footnote continued from proceeding page.)
FOR THE DISTRICT OF CO lower portion of the letter, as in the
handwriting of Jane Kember. The routine appearing in the upper
left-hand side of Government Exhibit No. 14 also shows that the
letter was written by the "Br I Dir US Info", the defendant
Gregory Willardson, and sent to the "Guardian WW," Jane Kember
via, among others, the"DG I WW", Mo Budlong, who initials it on
"22/4" (April 22), the "DG US", the defendant Henning Heldt, who
initials it as well, "DDG US" the defendant Duke Snider, who
initials it and dates it "9.4" (April) and the "DG I US", the
defendant Richard Weigand immediately below the title "Br I Dir
US info" at the bottom of the routing is an arrow with the
initials "GW" which have been identified by the handwriting
expert as probably made by the handwriting of the defendant
Willardson.
Page two of Government Exhibit No. 14 outlines the general plan
of "Project Horn" as creating a situation where a "staff member
in the IRS. . . mails out IRS files to the persons/groups
mentionted in their files." It then explains that such a pictil
"will provide a cover for PR and legal to expose the documents."
The document is issued by "Br 1 Dir" who was identified by his
own handwriting on page one as the defendant Grogory Willardson.
The signature "Greg" located at the end of the two letters dated
9 April 1975 located at pages five and six, respectively, of
Government Exhibit No. 14 have been positively identified by both
Mr. James Miller and Mr. Meisner as having been written by the
defendant Willardson.
Government Exhibit, No. 14 the defendant Willardson writes to the
Deputy Guardian of Public Relations for the United States, Arthur
"Artie" Maren, informing him that "the majority of documents
called for in this eval [GO 1361] have been obtain- ed." He then
invited Mr. Maren to come to the Information Bureau offices to
view the documents "since the quantity of data is so extensive."
30/ In accord with "Project Horn"
(footnote continued on next page.)
the defendant Wolfe took from the IRS, stationary of that agency
and turned it over to Mr. Meisner. Wolfe also took from the IRS,
without permission, documents related to Bob Jones University in
South Carolina and the Unification Church. After receiving those
documents from the defendant Wolfe, Mr. Meisner notified the
defendant Willardson that he had complied with the preliminary
steps of his "Project Horn."
(footnote continued from proceeding page.)
During the first five months of 1975, the defendant Wolfe stole
documnets and photocopies thereof belonging to the IRS from the
offices of Barbara Bird and Lewis Hubbard of the Chief Counsel's
Office and from the Chief Counsel's file room, tis well as from
other offices within the suite of offices comprising the Office
of the Chief Counsel. These documents totalled some ten feet in
height. The defendant Wolfe at that time was employed in the
Income Tax Division of the IRS and had no authority to enter any
of the offices in the Chief Counsel's area. Upon receiving these
documents, the defendant Hermann and Mr. Meisner forwarded them
to their superiors in the Informations Bureau in Los Angeles,
California, without excerpting them as had previously been done
because of the enormous backlog of stolen documents not sent to
Los Angeles. (See Government Exhibits Nos. 12 and 13) This
circumstance is detailed in Government Exhibit No. 15, 31/
"CSW" (completed staff work) 32/ dated 7 May 1975 sent by the
defendant Willardson to Deputy Guardian for information
World-Wide, Mo Budlong, and Deputy Guairdian for Finance World-
Wide, Herbie Parkhouse. It explained that the collection of U.S.
Government documents pursuant to GO 1361 had created a crisis in
the Information Bureau by causing a slowdown in the collection
progress required by GO 1361 which "urgently need[ed] to be
eliminated." In it, Mr. Willardson states that some "15,000"
documents had been sent by the District of Columbia Information
Bureau without excerption in order to speed up the process of
advising the Deputy Guardian for the United States, the defendant
Heldt and Commodore Staff Guardian, the defendant Hubbard, "as
fast as possible as to the IRS's intentions in regards to the
Church during the ongoing
IRS tax exemtion negotations." The letter added that "[t]his was
a valuable action in that it resulted in a more real estimate as
to the IRS scene than was visable [sic] from the
_Legal_viewpoint_." (emphasis added) 33/ The "CSW" requests the
Guardian's Office World-Wide to approve an additional expendi-
ture of funds for the excerption, xeroxing and cross-filing of
these "15,000" documents. 34/
During the pcriod prior to the theft of the documents referred to
in Government Exhibit No. 15 the Church of Scientology through
its subsidiary Church in Hawaii, was engaged in extensive
litigation with the IRS regarding its entitlement to exemption
from taxation. The IRS was also conducting an audit of the Church
of Scientology of Hawaii. The defendants Richard Weigand, Gregory
Willardson and Cindy
311/ (Footnote on next page.)
Raymond, personally and in writing, instructcd Mr. Meisner to
direct his attention and that or his covert operative the
defendant Wolfe, to the theft of all documents relating to that
tax excemtion battle from the office of IRS attorney Lewis
Hubbard, located in the main IRS building at 1111 Constitution
Avenue, N.W.in Washington, D.C. (see pgs. 71-74, infra). Mr.
Hubbard at that time was overseeing the audit for the IRS Chief
Counsel's Office and had in his care, custody and control within
his office documentation, daily notes and memoranda relating to
the tax excemption case involving the Hawaii Church.
34/ (Footnote from previous page.)
Government Exhibit No. 16 is a "purchase order" dated
"14 May 1975," signed by the defendant Gregory Willardson whose
signature "Greg W," along with all other handwriting on the first
page of that exhibit, is positively identified by the expert
handwriting analyst James Miller as being that of the defendant
Willardson. In his "purchase order", the defendant Willardson
requests $3,141.20 for one week of supplies for GO 1361
documents. He states that his purpose in purchasing the
photocopying equipment listed in the attach- ments to Government
Exhibit No. 16 is "to get vital data uplines to WW (World Wide) &
CS-G [the defendant Mary Sue Hubbard]; and to get it properly
x-filed for use by USGO, WW, CS-G." The page identified by the
seizing agent as "3 of 8" , at its bottom right-hand corner is a
form entitled "EPO" (Estimated Purchase Order) dated "12 May
1975" covering the months of May to June of 1975, requesting that
"$6,648.10"
(footnote continued on next page.)
D. Infiltration of the Tax Division of the
United States Department of Justice.
Guardian Order 1361, target 17, directed the infiltration and
theft of files relating to Scientology from the Tax Division or
the United States Department of Justice in Wasliitigton, D.C. In
order to carry out the directive of target 17 of GO 1361, Mr.
Meisner obtained a directory of the United States Depart- ment of
Justice in April 1975 and isolated those offices within the Tax
Division which had previously been identified to hin as offices
which would have files related to pending
(footnote continued from preceding page.)
be set aside by the Financial Planning Committee of the United
States Guardian's Office for the purchase of "materials necded"
"to eliminate vital info backlogs on GO 1361." This form is
signed "GW" next to the printed entry "originator".
Handwriting analysis has positively identified the defendant Willardson
as the writer or the "bulk of the writings" on that page. Mr.
Meisner has often used, such Purchase orders as well as Estimated
Purchase Order forms during his tenure as an official of the
Information Bureau of the Guardian's Office, and is therefore
familiar with the proper format and manner in which such forms
are to be completed according to Guardian's Office procedures. He
states that Government Exhi- bit No. 16 was prepared in
accordance with these policies. Government Exhibit No. 16 was
seized by Special Agent Smith, from Room 4 of the Information
Bureau at the Cedars Complex. It was inventoried by Special Agent
Valencia.
Scientology litigation. Mr. Meisner had been informed by the
Guardians office Legal Bureau that trial attorney Harold Larsen
and Chief of Refund Litigation Section 3, Stanley Krysa, had
represented the United States in the cases involv- ing the Church
of Scientology of Hawaii and the Church of Scientology of
Florida. Mr. Larsen was the trial attorney assigned to these
cases, while Mr. Krysa, as his immediate supervisor, had
participated in the litigation. Mr. Meisner discovered that the
Tax Division offices of the Department of Justice were located in
the Star Building at 1101 11th Street, Northwest, in Washington,
D.C. Accordingly, Mr. Meisner directed the defendant Gerald
Bennett Wolfe to enter the offices of Messrs. Krysa and Larsen to
obtain all their files which were in any way related to
Scientology. Conse- quently, on three succcssive Saturdays, May
3, 10, and 17, 1975, the defendant Wolfe entered the Star
Building using his identification card and proceeded to the
fourth floor offices of the Tax Division. The defendant Wolfe
then entered the offices of Messrs. Krysa and Larsen and stole
twelve separate files related to Scientology cases and
photocopied
them on a photocopying machine within the Tax Division offices,
using paper and equipment belonging to the United States of
America. The defendant Wolfe then returned the documents to their
original location and stole copies of them. The defendant Wolfe
then gave to Mr. Maisner all the copies of documents which he had
taken from the Tax Division on the day following each entry at
meetings which he and Mr. Meisner had at the Lums Restaurant in
nearby Arlington, Virginia. Meisner, then reviewed the documents
and summarized them in twelve separate memoranda prepared in the
nanner described at page 43, supra These twelve files contained
notes and other memorandum of the United States Department of
Justice, Tax Division attorneys dealing with their trial and
pretrial strategy in Scientology court cases. Government Exhibit
Nos. 17, 19 - 25, and 27 - 30, are the twelve memoranda prepared
by Mr. Meisner. Each memorandum is addressed to the defendant
Cindy Raymond and is entitled "Raw Data Report Re: Department of
Justice - Tax Division - Refund Trial Section No. 3," parts 1 to
12. 35/
(footnote continued on next page.)
each of the Meisner memoranda follows the standard routing
required by Guardian Office procedure. 26/ Government
(footnote continued from preceding page.)
(footnote continued on next page.)
Exhibit No. 26 is a copy of a document entitled "Memorandum for
the File" signed by Mr. Stanley F. Krysa and taken from the Tax
Division files which were then in the care, custody and control
of Justice Department attorney Harold Larsen. Mr. Meisner
identifies the number "37" appearing at the lower right-hand
corner of that document as a numeral which he placed upon
receiving the document from the defendant Wolfe. That numeral
indicates the page on which it appears was the thirty seventh in
a series of documents appended to his memorandum of 14 May 1975
(Government Exhibit No. 25). The underlining on the Government
Exhibit No. 26 was made by Mr.
(footnote continued from preceding page.)
Meisner and that exhibit is referred to in Mr. Meisner's
memorandum of 14 May 1975 at page two, paragraph two. (Government
Exhibit No. 25.) Neither Messrs. Krysa nor Larsen had given
permission to the defendant Wolfe or anyone associated with the
Guardian's Office of the Church of Scien- tology to enter their
offices, remove from their files documents within their care,
custody and control, and make photocopies of their documents. Mr.
Larsen states that most of the documents covered in the Meisner
memoranda would never have been turned over to any Scientology
attorneys, inasmuch as they represent attorney "work project"
material and were therefore not discoverable under the Federal
Rules of Civil Procedure.
Government Exhibit No. 32 37/ is a letter dated 20 May 1975, from
the defendant Willardson, identified in the routing portion of
the document as "Br I Dir US I", addressed to Michael Taylor, the
"US Dir Sec WW" (U.S. Directorate Secretary World-Wide), routed
via the Deputy Guardian for Information
World-Wide, the Guardian World-Wide, the Deputy Guardian United
States, and the Deputy Guardian for Information in the United
States. The letter entitled " Re: B & E's Yours to
DG I, 5 May 75, DG I's to you 14 May 75" states:
When Dick [Weigand] first wrote you on this subject a few of us
in the office had been comparing notes and smatterings of legal
knowledge on this subjects with the end result of deciding we
needed to research the differences between "breaking & entering"
and "unlawful entry".
Upon searching through legal dictionaries and various legal
sources I discovered . . . the technical difference between "b &
e" and "unlawful entry" become relatively meaningless when it can
be seen that a large portion, if not the majority, of our high
priority successful Collections actions fall into the category of
second degree burglary, which is a felony.
Some of our successful collections actions in the recent past and
present which fall into this category are: (past). . . GO 1361,
GO 1344, . . . DEA; (present) GO 1361, Go 1344, DEA. (this is not
an exhaustive rundown, just enough to demonstrate the importance)
From my study of the codes and from my know- ledge of how the
collections actions are done, one of the key points in
solidifying the burglary commission is basically the theft of
xerox paper and xerox machine use of whatever group is approach-
ed. Without this theft, then the distinction between "b & e"
and "unlawful entry" would become important and could mean the
difference between a felony and a misdemeanor.
* * *
Because the legal definition of burglary in the US to fit more
spot on as to our actions
than B&E and because it is a felony, as is a "B & E" I
thought you should be appraised [_sic_] or this. (Emphasis added.)
Appended to the letter is a summary of the law on burglary.
Handwriting expert James Miller positively identifies the
handwritten signature "Greg" as having been written by the
defendant Gregory Willardson. 38/ Government Exhibit No. 33,
contains a series of letters and "compliance reports" setting
forth the Church of Scientology's "IRS Strategy". Page five of
that exhibit is a letter dated May 27, 1975, signed "Much Love,
Mary Sue" (Hubbard), the Commodore Staff Guardian. The letter is
addressed to Jane Kember and the defendant Henning Heldt. The
routing in the upper left-hand portion of the Document
indicates that. it was sent by "CS-G", the defendant, Mary Sue
Hubbard to the "Guardian WW" Jane Kember, with a copy to "DG US",
the defendant Heldt. It states "[o]ur overall strategy with the
IRS shall be as follows: 1. [t]o use any method at our disposal
to win the battle and gain our non-profit status. 2. [t]o buy all
the time we can in terms of years . . . [s]o we work to win, but
_also_ to delay as time works on our side, not theirs." (Emphasis
in original.) Page six of Government Exhibit No. 33 is a letter
from Deputy Guardian U.S. Henning Heldt to the chief officers of
the Legal, Finance, Public Relations and Information Bureaus of
the Guardian's Office informing them of the "IRS strategy, as
established by CS-G." The defendant Heldt's letter directed these
officials to inform their respective staffs of the defendant
Hubbard's directive, and ordered them to conform "upcoming
actions with the above strategy." Page two of Government exhibit
No. 33 is a letter dated 9 June 1975 from the defendant Mary Sue
Hubbard signed in handwriting which is positively identified as
hers by handwriting expert James Miller. The letter, entitled
"IRS Strategy," was addressed to the defendant Henning Heldt
and stated: "I agree with the strategy completely as laid down."
Pages three and four of that same exhibit constitute a compliance
report dated 18 June 1975 prepared by the defend- ant Heldt and
addressed to Jane Kember and the defendant Mary Sue Hubbard. It
is entitled "Re: IRS: CS-G Order 27 May 75". It stated that the
overall strategy was laid out in the "CSG" order of 27 May 75 was
as follows: "To use any method at our disposal to win the battle
and gain our non- profit status." It further outlined that "B-I's
[Bureau 1] major action is the completion of its GO 1361
collection targets, and working out the means to turn those over
to legal and PR for use. Bureau I's actions are moving along
steadily and full completion is expected in two to three months."
39/
On June 4, 1975, the defendant Gregory Willardson, in a
handwritten letter addressed to Mr. Meisner, the Assistant
Guardian for Information in the District of Columbia. (Govern-
ment Exhibit No. 34), 40/ directed Mr. Meisner to complete target
10 of GO 1361 which called for the placing of "an agent in DC IRS
to obtain files on LRH, Scientology, etc." by "no later that, 30
August." The defendant Willardson stated that based on a
conversation which he had with the defendant "Mitch" Hermann, it
appeared to him that the only documents still to be obtained were
from "(1) OIO [Office of International Operations], (2) Intell
[Intelligence], (3) SSS [Special Services Staff]" of the Internal
Revenue Service. The defendant Willardson added:
Mitch explained to me that he had planned to get Silver in OIO,
and hope- fully gain access to Intell via OIO. Further, that all
SSS does no longer exist in IRS but some were given over to
Intell-thus Mitch expected to get SSS via Intell.
What I need from you is your plan of action here on how to
complete target 10 no later than 30 Aug . . . .
The letter concluded that "[i]f you are going to need to get
another FSM [covert operative] in you'd have to start soon as it
takes some time, etc." The defendant Willardson demanded a
response "in project form within 24 hrs." In a postscript, the
defendant Willardson inquired "[w]hen will Silver be in OIO?" 41/
Mr. Meisner states that he received this letter in early June
1975. Prior to this, the defendant, Hermann had suggested to Mr.
Meisner that "Silver" [the code name for Gerald Wolfe] be moved
from IRS to OIO. Mr. Meisner, however, had considered shifting
Ms. Douglas from the covert operation at the Drug Enforcement
Administration to the Office or International Operations, (OIO)
of IRS. The defend- ant Wolfe also inquired about possible
openings at OIO, but found none available.
Pursuant to the directive of the defendant Willardson,
(Government Exhibit No. 34) Mr. Meisner prepared a project
entitled "Beetle Cleanup" dated 11 June 1975 (Government Exhibit
No. 35). 42/ The project called for obtaining "all DC IRS files
on LRH, Scientology, etc., in the Intelli- gence section, OIO,
and SSS". It proposed the placement of "FSMs" in the "required
areas or good access developed", and further that "Pitts" (the
code name for Nancy Douglass) and "Silver" attempt to obtain
employment at the Internal Revenue Service Intelligence Division
and Office of Inter- national Operations respectively. Appended
to that project is a letter signed by Mr. Meisner dated 11 June
1975, addressed to the defendant Willardson, stating that Mr.
Meisner was attaching a project in "compliance to your attached
order". It indicated that the only road block to achieving the
goal prescribed by the defendant Willardson Was the fact that
Nancy Douglass a/k/a "Pitts" still had three files to obtain from
the Drug Enforcement Administration and that no positions might
be available in the two IRS areas contemplated
by the project. In a handwritten 43/ notation signed "Cindy" and
addressed to Peggy Tyson, the Information Programs Officer, the
defendant Raymond stated In regard to "Beetle Cleanup": "As this
is pjct [project) off a major pgm [program] we can _PUSH_ it
together." (Emphasis in original.) In a handwritten letter dated
30 July 1975, (page three of Government Exhibit No. 35) the
defendant Gregory Willardson responded to Mr. Meisner thanking
him for his project and stating that he was turning it over to
the Collections Officer, the defendant Cindy Raymond, to carry
out. 43/
In June 1975, the defendant Gerald Bennet Wolfe made two entries
into the office of Lewis Hubbard of the IRS Chief Counsel's
Office to obtain documents related to the Church of Scientology
of California's pending audit.
These entries occurred on or about June 21 and June 30, 1975. On
each occasion following the entry by the defendant Wolfe, Mr.
Meisner met Wolfe and received from him copies of documents which
Wolfe had taken from Lewis Hubbard's office. Upon receipt of the
documents, Mr. Meisner returned to his office at 2125 S Street,
N.W. in Washington, D.C. and produced memoranda summarizing the
documents employing the procedure previously described. He
appended to each memorandum the stolen documents, numbering each
document in his own handwriting in the lower right-hand corner of
the document. Government Exhi- bits Nos. 36 and 38A 45/ are the
Meisner memoranda summarizing the documents taken on those two
occasions by the defendant Wolfe from Mr. Hubbard's office.
Government Exhibit No. 36 entitled, "Present IRS Situation"
stated that the fifty-seven pages of appended documents "are the
daily notes of Lew Hubbard." This memorandum, was addressed to
the defendant
Cindy Raymond, with copies to the Commodore Staff Guardian, the
defendant Mary Sue Hubbard. This memorandurm was routed throught
the Deputy Guardian U.S., the defendant Heldt, the Deputy
Guardian for Information U.S., the defendant Weigand, and the
Information Branch I Director U.S., the defendant Willardson.
Government Exhibit No. 38A was also addressed to the defendant
Raymond. It contains at least twenty-six pages of documents taken
from Mr. Hubbard's office. The defendant Wolfe explained to Mr.
Meisner that, in each in- stance, he took the documents from the
office of Mr. Hubbard to a photocopying machine located in the
IRS, and, using Government resources and paper, he proceded to
make copies of those documents and then return them to their
original location. He then took the copies of the documents from
the IRS building and turned them over to Mr. Meisner. Mr. Hubbard
had never given permission to the defendant Wolfe either to enter
his office, to take any documnets for the purpose of photocopying
them, or to obtain copies of the documents for the Guardian's
Office of the Church of Scientology. Indeed, Mr. Hubbard states that
the copies of the documents appended to Government Exhibits Nos. 36
and 38A originated from his office and are his own daily memoranda to
himself which, coincidentally, contain many personal notes as
well as notes regarding cases unrelated to the Church of
Scientology. 46/ Mr. Hubbard's files were kept either in one of
the two credenzas in his office or on a window sill behind his
desk in Room 3549 at the main IRS building in Wash- ington, D.C.
All the documents appended to Government Exhibits Nos. 36 and 38A
were in Mr. Hubbard's care, custody and control in June 1975. 47/
(Footnote continued on next page.)
In a letter dated July 2, 1975, addressed to the Deputy Guardian
for Information U.S., the defendant Richard "Dick" Weigand,
entitled "Re: GO 1361", the defendant Duke Snider reviewed the
accomplishments of the Information Bureau pursuant to GO 1361.
(Government Exhibit No. 39). 48/ Referring to target 10, he
indicated that "IRS DC is progressing", and pointed out that the
defendant Gregory Willardson had ordered the District of Columbia
Guardian's Office to complete by 30 August 1975 the collection of
all documents called for by target 10. The defendant Snider
concluded that target 10 was proceeding on schedule. Referring to
target 17, which he described as a directive "to infiltrate
selected areas of the Justice Dept Tax Div for all files on
_US_", he complained that no data had been received on "the
status of Tax Div DC action." While the defendant Snider recalled
that some had been "acquired from that area" he noted the he
could not
(footnote continued from proceeding page.)
tell whether "all were gotten or not." On page two of his letter,
he ordered that if target 10 files had not been obtained, "do a
project to get them and complete the DC aspect of this tgt
[target]." He admonished the defendant Weigand to "consider this
a high priority matter and get these actions quickly done." 49/
In a second letter con- tained in Government Exhibit No. 39,
Dated 23 July 75, from Peggy Tyson, the Information Bureau
Programs Officer, to the defendant Duke Snider, she stated that
she had contacted the District of Columbia and that "tgt 17 _is)
done." (Emphasis in the original.) Ms. Peggy Tyson telephoned Mr.
Mesiner and asked him to immediately send a dispatch to the
defendant Cindy Raymond outlining the status or all target 17
actions and indicate what remained to be accomplished. Therefore,
Mr. Meisner forwarded to the defendant Raymond a memorandum dated
11 August 1975 entitled "GO 1361-TGT 17 STATUS", (Govern- inent
Exhibit No. 41A), 50/ stating that "Peggy [Tyson] asked me to
send you a dispatch re the areas checked for target 17 of GO
1361." He informed the defendant Raymond that the only data found
in the Tax. Division was in the offices of Messrs. Krysa and
Larsen. He noted that the only areas in the Justice Department
that should be checked "fall [are located] in the main Treasury
[sic] building" and "would require infiltration - probably
several different FSMs." Government Exhibit No. 41 is a 12 August
1975 letter from Ms. Tyson to the defendants Snider and Weigand
51/ which alluded to Mr. Meisner's statement that he "has gotten
files from the Justice Dept. Tax Division." In a letter dated 10
September 1975, headed "CONFIDENTIAL -SHRED WHEN FINISHED", the
defendant Cindy Raymond wrote to Mr. Meisner
that since there may have been some confusion regarding GO 1361,
target 17, she was "reissuing the target." (Government Exhibit
No. 42.) She reminded him that targets 16 and 17 required the
infiltration of the Justice Department Tax Division to obtain all
files on Scientolosy, and instructed him that "[w]hat you need to
do to comply to this is survey all areas that we have checked,
and then take a look at any area (Tax Div) that we need to check
and then get the data." She concluded that "[tlhis should clarify
waht [sic] is needed and wanted in the way of tgt 17. Send
compliance as soon as you can . . . ." Mr. Meisner received that
letter in Washington, D.C. and notified the defendant Raymond
that all documents from the Department of Justice Tax Division
relating to Scientology had been already obtained. 52/
E. The Guardians Office
Awards its GO 1361 Workers
On September 21, 1975, the defendant Gregory Willardson, in his
capacity as Branch I Director for the Information Bureau in the
United States, wrote a "CSW" (Completed Staff Work) to Guardian
World-Wide Jane Kember requesting her to issue certain
"commendations" and "awards" to certain Bureau I staff members.
They had been involved in the execution of GO 1361 during the
period March to late June 1975, when it had been neccesary for
Mr. Meisner to send thousands of documents to Los Angeles without
first excerpting them. Among the individuals for whom official
recognition were sought was the defendant Cindy Raymond. The
attached "Guardian Condition Order" (Government Exhibit No. 43E)
53/ listed all the individuals to be so honored. It was approved
by the defendants Heldt, Weigand and Willardson, and Budlong and
Lisa for the Guardian World-Wide, Jane Kember.
The 12 September 1975 "CSW" from the defendant Willardson was
routed through, among others, the Deputy Guardian for Information
World-Wide, Mo Budlong, who inserted a notation "Okay by me[,]
Love MB". Mr. Meisner recognizes it as being in the handwriting
of Mr. Budlong. The Deputy Guardian for the United States, the
defendant Heldt, initialed the "CSW" next to his title, thereby
indicating his approval, as did the Deputy Guardian for
Information in the United States, the defendant Richard Weigand,
who also initialed the document next to his title. The Guardian
World-Wide, Jane Kember, approved the "CSW" by signing her name
next to the entry "approved". On the right-hand side of the
document, she also requested the defendant Willardson to keep the
information confidential since it mentioned Bureau I names. Mr.
Meisner recognizes that handwriting as well as the signature next
to the word "approved" as that of Ms. Kember. 54/
F. The Theft of IRS Docurents Exempted from
Disclosure Under the Freedom of Information Act
In July 1975 the defendant Cindy Raymond informed Mr. Meisner
that the Church of Scientology had initiated a Freedom of
Information Act (FOIA) lawsuit against the IRS and directed him
to be alert to any documents in the offices of Charles Zuravin,
an attorney in the Disclosure Division of the Chief Counsel's
Office, since he was representing the United States in that case.
Mr. Zuravin's offices were located in the main IRS building at
1111 Constitution Avenue, N.W., in Washington D.C. Mr. Meisner
immediately notified the defendant Wolfe and instructed him to
add Mr. Zuravin's office to the list of offices within the IRS's
main building in Washington D.C. which he had to constantly
monitor. This began a series of entries into Mr. Zuravin's
offices by the defendant Wolfe from July 1975 through November
1975. As a result or the defendant Wolfe's entries, the
Guardian's office learned that Mr. Zuravin had been amassing all
documents dealing with Scientology from all IRS offices around
the country in order to prepare an FOIA
index. 55/ The defendant Wolfe made his first entry into Mr.
Zuravin's office on or about July 28, 1975, and copied Mr.
Zuravin's file on the pending Freedom of Information Act lawsuit.
He removed that file out, photocopied it using United States
Government property, returned it to Mr. Zuravin's office, stole
the copies, and turned them over to Mr. Meisner at their weekly
meeting. Mr. Meisner summarized the documents taken by the
defendant Wolfe in a memorandum addressed to the defend- ant
Raymond dated 28 July 1975, and sent a copy of that memorandum to
the defendant, CSG, Mary Sue Hubbard (See Government Exhibit No.
40.) /56 The defendant Wolfe made four additional illegal entries
into Mr. Zuravin's office at the IRS between mid-September and
late November 1975. In each instance, the defendant Wolfe took
documents which Mr.
Zuravin had obtained from other IRS offices in order to respond
to the scieritology FOIA suit. Following each entry, the
defendant Wolfe gave Mr. Meisnor the documents which he had
stolen. 57/ Mr. Meisner summarized each set of documents in a
memorandum which he sent to his superiors in Los Angeles,
California. Government Exhibits Nos. 44, 47, 48 and 50 58/ are
memoranda prepared by Mr. Meisner for that purpose. Each of these
exhibits followed the format of previous memoranda
written by Mr. Meisner. 59/ However, beginning with
Government Exhibit No. 45, 60/ the ractiot-aridum dated 30
September 1975, the routing was changed for security purposes.
Whereas bcrore September 30, 1975 the memoranda and appended
documents were routed through a numbor of Information Bureau
officials, following that date, the memoranda were routed
directly from Mr. Meisner to the defendant Raymond. The defendant
Raymond was then responsible for the distribution of the
memoranda and documents to the other officials of the information
Bureau and Guardian's Office who previously
received them, namely, the defendants Heldt, Weigand and
Willardson. A copy, however, was still sent to the CSG, the
defendant Mary Sue Hubbard, as indicated by the routing in the
upper right-hand corner of each memorandum.
Government Exhibits Nos. 46A-D are copies of IRS documents stolen
fron Mr. Zuravin's office by the defendant Wolfe and given to Mr.
Meisner. Each of those documents is summarized in the Meisner
memorandum of 30 September 1975 (Government Exhibit No. 45). 61/
Each of the four documents has numbers placed by Mr. Meisner at
its lower right-hand corner, and concerns either, "the IRS
National Office Intelligence files" or the "SSS" [Special
Services Staff] files", which were specifically called for by GO
1361, Target 10. In the memo- randum of 24 September 1975
(Government Exhibit No. 44), Mr. Meisner summarized documents
regarding the "IRS/Hawaii Intelligence Files". The memorandum of
10 October 1975
(Government Exhibit No. 47) excerpts "IRS Intelligence Files -
1972-1974". Mr. Meisner's 13 October 1975 mornorandlipi (Govern-
ment Exhibit No. 48a) deals with the transcript of an inter- view
between former, Scientologist Gene Allard, and California Deputy
Attorney General Lawrence Tapper. A copy or that transcript had
been given to the IRS. Mr. Meisner's memorandum was subsequently
transmitted by the defendant Cindy Raymond to the other
Guardian's Office officials who previously had been included in
Mr. Meisner's routing. Thus, in a letter dated 21 October 1975
(Government, Exhibit No. 48), the defnd- ant Raymond 62/
tratismited the appended Meisner memorandum of 13 October 1975
and the appended stolen documents to Michael Taylor, the US
Directorate Secretary B-I World-Wide, via the defendants Heldt,
Weigand, and Willardson, as well as Jane Kember and Mo Budlong.
The letter further indicated that a copy had already been sent to
the "CSG", the defendant
Mary Sue Hubbard, by "AG I DC" Meisner.
By early October 1975, Charles Zuravin had completed an FOIA
index regarding all IRS documents relating to Scientology, and
had given it to Scientology attorneys. Prior to preparing the
FOIA index, Mr. Zuravin had numbored each document so as to
facilitate locating them. Within the next few days, the defendant
Raymond sent Mr. Meisner a copy of that index with a directive to
obtain all documents which Mr. Zuravin had concluded were
exempted from the FOIA. Mr. Meisner, prepared a list of those
"excempted" documents by IRS number and gave it to the defendant
Wolfe who was instructed to obtain them Then, in a letter dated
10 November 1975 (Government Exhibit No. 49) 63/ to the defendant
Cindy Raymond, Mr. Meisner enclosed a copy of the list of
withheld documents which he had given to the defendant Wolfe. Mr.
Meinser explained to her that he had prepared that list from the
FOIA index which she had sent him. He told the defendant Raymond
that "Silver", the defendant Wolfe, had been given a copy of that
list and
"is methodically making Copies of all documents listed." He told
the defendant Raymond that the defendant Wolfe, over the previous
weekend, had taken "a foot of material" (stolen documents) fron
the IRS and was already through the third column of numbers on
the index list. Mr. Meisner estimated that an additional two
weekends would be needed to acquire all remaining documents from
the IRS. 64/
Upon receipt from Mr. Meisner of the list of withheld documents,
the defendant Wolfe entered the offices of Mr. Zuravin at the IRS
on or about November 20, 1975 and obtained documents located on
that list. 65/ Thus, the title of Mr.
(footnote continued on next page.)
Meisner's 20 November 1975 memorandum (Government Exhibit No.
50); "Re: Withheld IRS FOI Documents #108-141." However, within a
few days after that entry, the IRS moved all Scientology-related
documents from Mr. Zuravin's office to a file room which had
previously been the office of Helen Bumbry, located across the
hall and which had a more secure lock. Consequently, the
defendant Wolfe was unable to continue to obtain the remaining
documents until sometime in January 1976 when, with the
assistance of Mr. Don Alverzo, that office was forced open with
lock-picking equipment. (See page 100, _infra_.)
Mr. Zuravin states that all the documents summarized in the
Meisner memoranda described above were in his files from July to
November 1975. Furthermore, he states that he neither
(footnote continued from preceding page.)
gave permission to the defendant Wolfe nor any other represent-
ative of the Guardian's Office of the Church of Scientology to
enter his office and take copies of the documents located
therein, nor had he given these documents to the Church of
Scientology pursuant to the Freedom of Information Act.
G. The Guardian Program Order Instituting
An "Early Warning System" to Detect
Possible Legal Actions Against L. Ron
Hubbard and Mary Sue Hutbbard.
In early December 1975, Mr. Meisner went to Los Angeles
California, for briefings with his superiors in the Guardian's
Office. During one of those meetings the defendant Richard
Weigand showed Mr. Meisner the newly issued Guardian Program
Order 158 (GPgmO 158) -- Early Warning System. That Guardian
Program Order was issued on December 5, 1975 by the Guardian
World Wide Jane Kember after having been written by the
defendants Henning Heldt and Richard Weigand. (Government Exhibit
No. 53) 66/ GpgmO 158 states that it'd purpose is to
(footnote continued on next page.)
"[m]aintain an Alerting EARLY WARNING SYSTEM throughout the GO
[Guardian's Office] network so that any situation concerning
governments or courts by reason of suits is known in adequate
time to tahe defensive actions to suddenly raise the level on LRH
Personal Security very high" 67/ Thus, the purpose of GPgmO 158
was to identify any potential lawsuit against, or subpoena for,
"LRH [L. Ron Hubbard] or MSH [the defendant Mary Sue Hubbard]
from a government agency or individual litigation or from any
source whatever" (vital target 3)
(footnote continued from preceding page.)
"before activation" (vital target 2).
Specifically, Guardian Program Order 158 directed the following:
1. Place iii agent into the US Attorney's Office DC as a first
action as this office should cover all Federal agencies that we
are in litigation with or may be in litigation with. AG I DC
2. Obtain data on their intended actions toward Scientology,
LRH/MSH. AG I DC
3. Get an agent into the US Attorney's rffice [sic] LA as a
simultaneous action . . . .
4. Obtain data on their intended actions toward Scientology,
LRH/MSH. BR 1 DIR US
5. Place a seperate agent into the IRS Office of International
Operations (OIO) (as this office has a case preparation or
investi- gative action going on LRH personally for income tax
invasion or something similar). AG I DC
6. Obtain their files on LRH/MSH and Scientology and monitor the
line continuously of other actions against LRH/MSH. AG I DC
7. Continue to monitor tightly the DEA DC, IRS DC and LA, the
Coast Guard (soon to go to Immigration and Naturalization) DC.
Get any present time data on LRH/MSH. BR I DIR US 68/
(footnote continued on next page.)
After reviewing Guardian Program Order (GPgmO) 158 with the
defendant Weigand, Mr. Meisner suggested that it would b@ more
advantageous to the Hubbards, Scientology, and the Guardian's
Office to place a covert Scientolo&y agent at the United States
Department of Justice in Washington, D.C., rather than in the
United States Attorney's Office in that city. Mr. Meisner
observed that Freedom of Information Act suits were, generally,
handled by the Justice Department. Mr. Meisner also discussed
this matter with the defendant Cindy Raymond. Both the defendants
Weigand and Raymond approved Mr. Meisner's suggestion and
directed him to prepare a "CSW" for their approval.
(footnote continued from preceding page.)
Following his return to the District of Columbia in the second
week of December 1975, Mr. Meisner sent a "CSW," out- lining his
suggestion, to the defendant Weigand, routed through the
defendant Raymond. The "CSW" called for placement or the
defendant Sharon Thomas as Scientology's covert operative within
the Department of Justice instead of the Immigration and
Naturalization Service where she had been earlier scheduled to
infiltrate for Scientology. See GPgmO 158, Operating Target 7.
The defendant Weigand immediately approved Mr. Meisner's "CSW",
first by telex, then by letter. Mr. Meisner after having
discussed the matter with the defendant Thomas, directed her,
during a meeting at a "Three Chef's" restaurant in nearby
Arlington, Virginia, to obtain employment at the Information and
Privacy Unit of the Civil Division of the Department of Justice,
which handled all FOIA requests and lawsuits. Ms. Thomas,
however, was unable to begin employment at the Depart- ment of
Justice until February 29, 1976. 69/ (Government Exhibit No.
206).
Prior to Ms. Thomas' employment at the Department of Justice, Mr.
Meisner, the defendant Wolfe and other Guardian's office
officials committed a series or burglaries of the main Justice
Department building, located at 9th and Pennsylvania Avenue, in
Washington, D.C. The initial two entries were made in December,
1975 by Mr. Meisner and the defendant Wolfe in order to obtain
documents from the office of Justice Department attorneys Paul
Figley and Jeffrey Axelrad, both of the Civil Division's
Information and Privacy Unit. The defendant Raymond had
previously informed Mr. Meisner that the Legal Bureau of the
Guardian's Office had learned that Mr. Figley had been assigned
the FOIA cases initiated by Scientology. According to Raymond,
Mr. Figley also coordinated other FOIA cases involving
Scientology. Another reason for entering Mr. Figley's office was
to gain information pursuant to GPrmO 158. They also were seeking
Interpol documents in compliance with Guardian World-Wide Jane
Kember's long out- standing order of November 21, 1973, as
reissued by the defendant Heldt on April 25, 1975 (see Government
Exhibit No. 2), and Guardian Program Order 9 (see Government
Exhibit Exhibit No. 63, at page 142, infra).
On both occasions that Mr. Meisner and the defendant Wolfe
burglarized Mr. Paul Figley's office, they entered the main
Department of Justice bright idea. Very well done. love Jane"
defendant Wolfe's IRS identification card. They waited in the
main library, until after working hours, when they proceeded to
Figley's office, which they unlawfully entered, through a closed
but unlocked door. Mr. Meisner observed files relating to
Scientology on Figley's desk, on his window ledge, and in his
file cabinets. During the first entry, Mr. Meisner skimmed
through all of the files and then took four files which were
located in open areas in Mr. Figley's office. Using photocopying
machines, facilities, equipment and paper located on the fourth
floor of the building Mr. Meisner and the defendant Wolfe
photocopied the files, returned them to Mr. Figley's office, and
stole copies of the doctiments for the use of the Guardian's
Office of the Church of Scientology. Both times, Mr. Meisner and
the defendant Wolfe were in the building until approximately
10:00 P.M. On neither occasion, did Mr. Meisner or the
defendant Wolfe have permission to enter the office of Mr.
Figley, take his files, photocopy the documents, and take those
photocopies. They, thus, deprived Mr. Figley and the Department
of Justice of sole possession of these documents. Following the
theft of the copies of documents, Mr. Meisner summarized their
contents in two memoranda dated 17 December 1975 (Government
Exhibit No. 54) and 18 December, 1975 (Government Exhibit No.
55). 70/ Each memorandum was sent to the defendant Raymond who at
that time still held the position of Collections Officer U.S. A
copy was sent to the "CSG", defendant Mary Sue Hubbard. Appended
to each memorandum were the stolen copies of the documents.
Government Exhibit No. 54 is entitled "Re: Justice Department,
FOI Suits-Figley"; and Government Exhibit No.
55 71/ is entitled "Re: DEA FOI Case-D of J Data- Figley". Both
memoranda were received by the defendant Cindy Raymond, who
initialcd and dated the documents next to her title on their
routing portion. 72/ prior to the defendant Thomas' employment at
the Department of Justice, additional burglaries of, and theft of
copies of documents from, Mr. Figlay's office were committed by
the defendant Wolfe together
witli Joseph Alesi, the Collections Officer in the District of
Columbia's Information Bureau, and Richard Kimmel, the
Inrormation Branch I Director in the District of Columbia. On
each of those occasions, the stolen copies of documents were
personally given to Mr. Meisner by either Messrs. Alesi or
Kimmel. They also told Mr. Meisner that they had taken the
documents from Mr. Figley's office, photocopied then on
photocopying machines located within the Department of Justice,
using United States Government property equipment, and supplies,
and stole the resulting copies of documents. 73/
(footnote continued on next paec.)
H. The Los Angeles Guardian's Office
Sends Help to the District Of Columbia Guardian's Office
In November 1975, the Office Of Messrs. Charles Zuravin and Lewis
Hubbard were placed within a "red seal" or high security area
inside the main IRS building in Washington D.C. Consequently, the
doors were both locked at all times. As a result of those moves,
Mr. Meisner and the defendant Wolfe were unable to gain entry in
these areir and lost the ability to monitor those areas. Both
defendants Weigand and Raymond, by phone and letter, repeatedly
urged Mr. Meisner to continue to surveil the offices of Messrs.
Hubbadr and Zuravin in order to obtain all recent documents
relating to
(footnote continued from preceding page.)
Scientology, especially those in Mr. Hubbard's possession dealing
with the current status of the Church of Scientology of
California audit. Mr. Meisner informed them that it had become
impossible to gain access to those offices. Thus, in mid-January
1976, the defendant Hermann, the Southeast U.S. Secretary for the
Information Bureau under its reoganiza- tion, notified Mr.
Meisner by phone that the defendants Heldt and Weigand had
approved "mission orders" to send Don Alverzo to Washington, D.C.
to gain access to these two offices. Alverzo arrived in
Washington, D.C., on Saturday, January 17, 1976, and met Mr.
Meisner at the Church of Scien- tology at 2125 S Street, N.W.,
Washington, D.C. Mr Alverzo showed Mr. Meisner a copy of his
"mission orders" and informed him that they were to go into the
IRS building with the defendant Wolfe the next day to pick the
looks on the doors of Messrs. Hubbard and Zuravin. Mr. Alverzo
also showed Mr. Meisner the lock-picking equipment he had brought
with him and instructed Meisner on how to use such equipment. Mr.
Meisner identifies Government Exhibit No. 203 as equipment
identical to the equipment which Alverzo brought with him to
the District of Columbia. (See photograph of these exhibits,
Government Exhibit No. 218.) 74/
On Sunday, January 18, 1976, the defendant Wolfe, together with
Messrs. Meisner and Don Alverzo, entered the main IRS building
located at 1111 Constitution Avenue, N.W., in Washington, D.C.,
between 7:00 and 8:00 p.m. The defendant Wolfe signed all three
individuals into the building using his IRS identification card.
They proceeded to the third floor area where Mr. Zuravin's file
office and Mr. Hubbard's office were located some three te four
doors apart.
Exhibits 195-201, "seven spring steel shims", Exhibit 202, a key
"micrometer", and Extiibit 203, a "H.B.C. Inc. lockpicking kit."
As a result of his examination of these items, Agent Davis
concludes that Government Exhibits Nos. 195 - 201 are "commonly
used for making picks and tension tools used in picking locks,"
Government Exhibit No. 202 is "used to measure the depth of cuts
in keys," and Exhibit 203 "is a pick set . . . [and] the tools it
contains are used for picking locks."
While the defendant Wolfe stood guard at the end of the hallway,
Mr. Alverzo attempted to pick the lock on Mr. Hubbard's door, and
Mr. Meisner worked on Mr. Zuravin's door. After having been
unsuccessful in opening these doors for approximately one to one
and one-half hours, Mr. Meisner, in exasperation, hit with his
fist the top of Zuravin's door, forcing it to pop open. All three
indivi- duals entered and took, without permission, the remaining
Scientology-related documents which had bcen withheld by the IRS
in FOIA litigation. They then went to another floor where all
three began to photocopy these documents using United States
Government equipment and resources. After a while, the derendant
Wolfe took over the photocopying, while Messrs. Meisner and
Alverzo returned to the third floor in a further attempt to open
Mr. Hubbard's office Finally, Mr. Alverzo, using a piece of
cardboard, was able to force that door open. Then, with the
assistance of the defendant Wolfe, they reviewed all
Scientology-related material in Mr. Hubbard's office, and took
those documents
which had not been previously stolen. They then photocopied the
documents, using the same IRS photocopying equipment and material
and returned all documents to their respective locations. At
approximately 2:00 a.m., all three men left the IRS building with
a one foot high stack of stolen copies of documents. Messrs.
Meisner and Alverzo proceeded to the Information Bureau offices
at 2125 S Street, N.W., where they placed the documents in a
secure location. Alverzo left Washington, D.C. to return to Los
Angeles, California, on January 19, 1976.
Government Exhibit No. 56D 75/ is a "mission report", dated
January 22, 1976, from the defendant Mitchell Hermann, now using
his alias Mike Cooper, to Michael Taylor, the U.S. Secretary for,
B-1 World-Wide, regarding this three-day mission of Don Alverzo
to the District of Columbia. 76/ In
it, the defendant Hermann informed Mr. Taylor that on January 17,
1976, Mr. Alverzo had been sent to Washington, D.C. to acquire
"additional and more recent 1361 tgt 10 data." He adds that the
"missionaire [Alverzo] was briefed by AG I DC [Meisner] and was
accompanied by AG I DC and an FSM [Wolfe] on the mission." He
further stated that the mission had been successful, and that "a
pile of documents approximately 10" thick" had been seized. He
detailed that Mr. Alverzo instructed Mr. Meisner and the
defendant Wolfe on "how to obtain future access" to these areas.
The defendant Hermann concluded that as a result of that entry
the remaining documents withheld under the FOIA were stolen from
the IRS.
In a "compliance report" dated 21 January, 1976 (Government
Exhibit No. 56C), the defendant Weigand responded to a request
from the defendant Heldt regarding the mission of Mr. Alverzo so
that Heldt could respond to a dispatch from the defendant Mary
Sue Hubbard. The defendant Weigand appended to his letter the
report of Acting Southeast U.S. Secretary Hernmann (a/k/a
Cooper). The defendant Weigand explained
that he authorized the Alverzo mission because of the need to get
current documents regarding Scientology, and that the District of
Columbia Guardian's Office personnel was not trained to pick
locks. 77/
I. The Guardian's Office Orders Mr.
Meisner to Los Angeles For
Debriefing and Auditing At, the begining of February 1976, Mr.
Meisner went to Los Angeles, California, both for auditing and
for briefing regarding his Guardian Office assignments. While in
Los Angeles, Mr. Meisner had numerous meetings with his immediate
superiors, as well as other officials of the Guardian's Office.
During the first week of February, Mr. Meisner attended a meeting
with the defendants Henning Heldt and Richard Weigand in Mr.
Heldt's office on the sixth floor of
Fifield Manor. Also present at that meeting were the Deputy
Guardian for Finance Mary Heldt, the Deputy Guardian for the
Legal Bureau Mary Rezzonico, and the CPA (Certified Public
Accountant) US Martin Greenberg, an official in the Finance
Bureau. The defendant Weigand, at the defendant Heldt's request
told Mr. Meisnetr to attend the meeting. Its purpose was to
discuss and analyze the current IRS strategic as revealed in the
stolen documents regarding the pending Church of Scientology of
California audit. Each person present at that. meeting expressed
full knowledge that the documents in question had been stolen
from the IRS offices. That same day, Mr. Meisner attended another
meeting with Mary Rezzonico and the defendant Gregory Willardson
in the defendandt Weigand's office. During that meeting, Ms.
Rezzonico, directed Mr. Meisner to instruct the covert agents in
the District of Columbia to be alert to any IRS documents
regarding a Scientology front organization knonw as the Religious
Research foundation (RRF). She was also seeking any information
disclosing knowledge by the IRS of any financial dealings and
relationship UL, L.4t-,cts RRF and the Church of Scientology of
California.
During the time that he was in Los Angeles, Mr. Meisner also met
with the defendants Weigand and Willardson in defendant Weigand's
office at the Fifield Manor to discuss the Information Bureau's
access to current docments in the possession of IRS. The
participants discussed a telex which had been received from the
CSG Assistant for Information, Jimmy Mulligan, regarding the
access to current information in the office of Mr. Lewis Hubbard
of the IRS. The defendant Weigand instructed Mr. Meisner to
prepare a report outlining what he had done in that respect and
to respond to Mr. Mulligan's telex.
As a result of that directive, Mr. Meisner prepared Government
Exhibit No. 46B which begins at page eight of Government Exhibit
No. 46. It includes a telex in the name or Richard Weigand
responding to Mulligan's inquiry. Mr. Meisner gave that telex
directly to the defendant Weigand who approved it in his presence
and directed that it be sent to Mr. Mulligan, whose offices were
near Clearwater, Florida. Mr. Meisner also prepared a three-page
handwritten letter to
the defendant Weigand dated 3 February 1976. In it, Mr. Meisner
outlined the events which had recently taken place in the
District of Columbia, including the forced entry made by Don
Alverzo into Mr. Hubbard's office at the IRS. He also detailed
how Wolfe gained access to attorney Stephen Friedberg's office in
the Chief Counsel's Office by unlocking one of his office doors
during the daytime. Mr. Meisner informed the defendant Weigand
that Mr. Friedberg had documents relating to the California
Church of Scientology audit dated as recently as January 26,
1976. Mr. Meisner handed that report to Mr. Weigand upon its
completion.
In a "compliance report" dated 11 February 1976, from the
defendant Weigand to Guardian World-Wide Jane Kember, the
defendant Weigand reviewed the achievements of the Infor- mation
Bureau pursuant to GO 1361 Target 10 and reported compliance with
that target. He informed Ms. Kember that all documents withheld
by IRS under the FOIA for the period up to March 1975 had been
stolem from the IRS. These included documents from the offices of
Barbara Bird, Lewis Hubbard,
Stephen Friedberg, the Chief Counsel's office, the Office Of,
International Operations, the Intelligence Division, and the
Special Services Staff. The defendant Weigand also stated that
documents turned over by the IRS to the Department of Justice Tax
Division and staff attorney Michael Sanders had also been
obtained. Mr. Meisner identifies the signature "Dick" appearing
on page two of Government Exhibit No. 46 is that or the defendant
Weigand. 78/
Government Exhibit No. 58 79/ is identical to the two-
page letter from the defandant Weigand to Ms. Kember dated 11
February 1976 (Government Exhibit No. 116). However, Government
Exhibit No. 58 is the copy received and reviewed by Jane Kember.
Indeed, she notes on the right-hand side of the first page "Dear
Dick [Weigand], This is very well done indeed. Thank you for your
excellent compliance. Much love, Jane." Following Ms. Kember's
review of the document it was received by the defendants
Willardson and Weigand who initiated it next to its routing
session. 80/ Prior to his return to the District of Colmbia in
the third week of February 1976, Mr. Meisner met with the
defedant Willardson in the defendant Weigand's office. During the
meet- ing, Mr. Meisner showed the defendant Willardson how he and
the defendant Wolfe had gained access to locked offices in the
IRS building in Washington, D.C., by using a shaped metal device.
During subsequent meetings in Los Angeles,
California, Mr. Meisner's superiors instructed him that, upon his
return to the District of Columbia, he was to obtain IRS
documents from the offices of Joseph Tedesco, Jeanne Gessay and
Muriel Moritz of the Exempt Organizations Division, Assistant
Commissioner for Employee Plans and Exempt Organiza- tions Alvin
Lurie, Special Assistants to Lurie Charles Rurpli and Howard
Schoenfeld. Mr. Meisner was ordered to obtain all current
information at the IRS regarding the Church of Scien- tology of
California audit. His superiors wanted to receive sufficient
notice of any adverse IRS ruling prior to it's finalization so
that they could intervev through their legal representatives and
apply whatever neccessary pressure to change the ruling.
J. Mr. Meisner Returns to the District of Columbia
Upon his return to the District of Columbia, Mr Meisner directed
the defendant Wolfe to enter the offices of Joseph Tedesco,
Jeanne Gessay and Muriel Maritz and take all documents in their
possession regarding the Church of Scietology of
California audit. On or about March 4, 1976, the defendant Gerald
Bennett Wolfe entered the office of Joseph Tedesco during the
daytime and removed the door knob to one of the doors leading to
Tedesco's suite of offices. During the nighttime, after working
hours, the defendant Wolfe returned to Mr. Tedesco's office and
entered it through the door from which the door knob had earlier
been removed. Once inside, the defendant Wolfe took all documents
related to Scientology from Mr. Tedesco's files, photocopied them
using IRS photo- copying equipment and supplies and returned the
deocuments to the office of Mr. Tedesco. He stole the copies of
those documents and gave them to Mr. Meisner at a previously
sched- uled weekly meeting at a pool hall located in nearby
Arlington, Virginia. Mr. Meisner summarized the stolen documents
in a memorandum dated 4 March 1976, addressed to the defendant
Mitchell Hermann, under his alias Mike Cooper. The document
entitled "Re: Joseph Tedesco - Current IRS Situation" stated that
"[t]he attached concerns Joseph Tedesco's area (Director of the
Exempt Organizations Division . . . IRS National
office) and includes the totality of Scientology correspondence
in his area." Appended to the memorandum were five pages of the
stolen documents. (See Government Exhibit No. 59.) 81/ Mr.
Meisner then forwarded the memorandum and attached stolen
documents to the defendant Hermann, who as Southeast U.S.
Secretary, was now receiving all such correspondence. A copy of
the memorandum and stolen documents was sent to the CSG,
defendant Mary Sue Hubbard, as reflected in the routing portion
or the document. 82/
The offices of Mr. Tedesco of the Exempt
Organizations Division of the IRS, were located at the main IRS
building at 1111 Constitution Avenue, N.W. in March 1976. Mr.
Tedesco has reviewed the March 4, 1976 memorandum of Mr. Meisner
and has located the docutients reffered to in that memorandum in
his files. Tedesco states that these documents were in his care,
custody and control on or about March 4, 1976. He further states
that he did not give per- mission to the defendant Wolfe to enter
his office and take the documents referred to in Government
Exhibit No. 59 or make photocopies of those documents. On or
about March 10, 1976, the defendant Gerald Bennett Wolfe entered
the office of Jeane Gessay of the IRS, without permission, and
took documents related to the then-pending audit of the Church of
Scientology of California. He stated to Mr. Meisner that after
taking the documents he photocopied them on an IRS photocopyinrg
machine, using equipment and sup- plies which were the property
of the United States of America. He then returned the original
documents to Ms. Gessay's office and removed the copise of the
documents out of the IRS main building and gave them to Mr.
Meisner for the use
of Scientology. The defendant Wolfe did not have authority to
enter the office of Ms. Gessay. In fact, he did not have
authority to even enter the offices of Mr. Tedesco according to
defendant Wolfe's supervisor, Leon Kennedy. Upon receipt of the
stolen documents, Mr. Meisner summarized them in a memorandum
dated 10 March 1976 entitled "Re: Current IRS Situation - Jeanne
Gassay [sic] Material". Mr. Meisner appended to that memorandum
the stolen documents and forwarded them to Southeast U.S.
Secretary Hermann (a/k/a Mike Cooper), and sent a copy to the
CSG, the defendant Mary Sue Hubbard. (Government Exhibit No. 60).
83/ By a transmittal memorandum dated March 24, 1976 the
defendant Herman (Mike Cooper) , forwarded Mr. Meisner's
memorandum and supporting documents to World-Wide stating that
"[a]ttached is a set of handwritten notes in Jeanne Gessay's
area". That memorandum stated, next to the entry "CC: CSG" in the
routing portion, "(Sent by DC)". Mr. Meisner identifies the
handwriting
of that notation as well as the notation next to it as having
been written by the defendant Hermann. Additionally, Mr. Meisner
identifies the initials next to the "DG US" title as having been
written by the defendant Heldt.
On March 10 1976, Ms. Gessay was the chief of Ruling Section I of
the Exempt Organizations Division. Her section had been assigned
to give its "technical" opinion regarding certain issues related
to the audit of the Church of Scientology of California. Thus she
states that in March 1976, she had in her files the documents
summarized in the Meisner memorandum of 10 March 1976. Indeed,
she has checked her files and the same documents are still
located therein. 84/ Ms. Gessay states that she did not give
permission to the defendant Wolfe to enter her offices on March
10, 1976, take documents from her files, photocopy them and Lijrn
over the photocopies
to the Guardian's office of the Church of Scientology. 85/ In
recognition of Mr. Meisner's accomplishments with respect to GO
1361 target 10, the defendant Mitchell Hermann, in his capacity
as Southeast U.S. Secretary, recomended to Guardian World-Wide
Jane Kember that Mr. Meisner be issued an award. (Government
Exhibit No. 68.) 86/ In his "CSW" to Kember, the defendant
Hermann stated. that during the previous year and a half "10-12
feet of material was obtained from
1361 agency from a late number of different areas. The material
provides the most extensive set of files on Scientology which I
know of obtained by this means in the US." He pointed out that
the collection of data "included various forms of "CDC" [covert
data collection]." He explained that Mr. Meisner had "overall
responsibility" for the theft and maintenance of the "steady
stream of data out this area and to provide data needed for
prediction on the future actions of this agency." The IRS was the
agency covered by GO 1361 target 10. The defendant Hermann
requested that Mr. Meisner be given an award in the form of three
advanced auditing courses, and appended a proposed award letter
for the signature of L. Ron Hubbard.87/
K. The Entry into the IRS Identification Room and the Making of
Counterfeit Identification Cards In the early part of March 1976,
the defendant Mitchell Hermann directed Mr. Meisner to obtain IRS
identification
cards for himself, which he could use to enter the IRS building,
as well as in other operations pursuant to that directive, on or
about March 15, 1976, the defendant Wolfe and Mr. Meisner entered
the IRS building at 1111 Constitution Avenue, Northwest, using
the defendant Wolfe's IRS identification card. They proceeded to
the IRS identification room which was located on the first floor
of that building, where Mr. Wolfe had been two weeks earlier in
order to obtain a legitimate identification card for himself. Mr.
Meisner and the defendant Wolfe forced the door open by using a
metal sheet device, and then entered the darkened room using a
small flashlight. Once inside, Mr. Meisner located a booklet
giving instrucions on the use of the photographing equipment. Mr.
Wolfe took blank identification cards and typed in two fictitious
names for himnelf, an well as two fictitious names for Mr.
Meisner The defendant Wolfe typed the name "Thomas Blake" on one
of his identification card blanks and the name "John M. Foster"
on one of Mr. Meisner's identification card blanks. Mr. Meisner
then placed the defendant Wolfe's false identification
card blanks into the photographing Equipment and took photo-
graphs of the defendant Wolfe. Then Wolfe placed the Meisner
cards into the photographing machine and took photographs of Mr.
Meisner. Mr. Meisner obtained the badge number which was placed
on the identification card blanhs from a book which was
maintained by the IRS identification room and which listed all
cards which were issued by them. Mr. Meisner selected those
numbers from numbers which had previously been issued by the
internal Revenue Service. On the "Foster," identifi- cation card
of Mr. Meisner, was typed the date of issue "3-15-76", (See
Government Exhibit No. 61), and on the "Blake" identification
card of the defendant Wolfe "3-17-76" was typed as the date of
issue. 8?1/ Mr. Meisner and the defendant
Warning:
Issued for identification of holder. Improper use, possesion,
alteration, reproduction or counterfeiting will make offender
liable to penalties under Sections 499 and 701, Title 18, U.S.
Code.
Property of U.S. Government.
Wolfe then left the IRS buildinr, taking with them the false and
fraudulent IRS cards which they had made. Neither Mr. Meisner nor
the defendant Wolfe had permission or authority to make those
identification cards or be in possession of them. 89/ Mr. Meisner
took the defendant Wolfe's identifi- cation cards in order to
place on them the required clear plastic covering because he was
unable to uer the machine in the identification room. After doing
this, Mr. Meisner
returned them to the defendant Wolfe. John Probst, Chief of the
Space and Protective Management Division in March 1976, states
that the identification room was always kept locked and that at
no time were Mr. Meisner or the defendant Wolfe given permission
to either enter that room while locked or to make any
identification cards. 90/
L. Guardian Program Order 302 and the Theft of Documents Withheld
by the United States Under the FOIA.
On March 2, 1976, the defendant Cindy Raymond wrote a
"CSW" to the defendant Mary Sue Hubbard requesting her approval
for a proposed new Guardian Program Order to be issued pur- suant
to the overall Snow White Program. (Government Exhibit
No. 66). 91/ The defendant Raymond suggested a Bureau I program
"to obtain non-FOI 92/ data to parallel and back-up the Snow
White Pgm." She explained that Bureau I "over the past year, has
been obtaining data that is not FOI" pursuant to, among others,
GO 1361. This illegally obtained data had been valuable to
understand 'the behind the scenes' activity or the enemy." The
defendant Raymond attached to her letter the actual proposed
Guardian Program Order which she had entitled "Snow White
Subprogram Hunter, Hunter X". (Government Exhibit No. 65). 93/
Its targets included the obtaining of all desired files in
government agencies by "job penetration" and other types of
infiltration. The "CSW" was proccessed through, and approved by,
all the high officials of the Informa-
tion Bureau, both in the United States and at World-Wide
headquarters in England, who initialed it. In the case of a "CSW"
whenever an official initialed the document it indicated his
approval or the acticns proposed by the "CSW".
Mr. Meisner recognizes the handwriting of the following persons
next to their titles: the derendant Willardson ("GW 2 Mar OK"),
the defendant Weigand ("D OK 3/3"), the defendant Heldt (his
initial), and the Deputy Guardian for Information World-Wide Mo
Budlong ("MB 17/3/76"). Handwriting expert James Miller
positively identifies the handwritten notation "Dear
Cindy-Approved-this aligns with what Bur I. has been doing
beautifully. Love, Mary Sue", as having been written by the
defendant Mary Sue Hubbard. Mr. Meisner also identifies the
defendant Hubbard as the writer of both that notation and the
signature "MS Hubbard Mar. 27, 76", and Ms. Kember as the writer
of the signature "JKember" next to the word "approved" on page
two. Mr. Miller also positively identifies the signature of the
defendant Hubbard next to the word "approved" as being in the
defendant Hubbard's handwriting,
and the signature or the defendant Raynmond at the end of page
two as in her handwriting.
On the same day that the defendant Hubbard approved the "CSW" of
the defendant Raymond, Guardian Program Order 302 was issued in
its final form by Guardian World-Wide Jane Kember.
(Government Exiiibit No. 67). 94/ In its final form GPO 302
directed that all those assigned to execute it
[U]se all possible lines of approach to obtain the files on
Scientology, LRH, Dianetics (and other Scn names) that cannot be
obtained on FOI lines] ie. job penetration; janitor penetration;
suitable guises utilizing covers, etc. . . .
(Vital target I and major target).
The order also directed that covert agents ("FSMs"), be
recruited for the project and that nothing be done in such a
manner as "to reflect back on the Church." 95/ The defendant
Raymond designated Mr. Mesiner to carry out vital targets I
through 4 as part of his duties in the District of Columbia. /96
M. Entries into the Suite Of Offices
of the Deputy Attorney General of the United States
In early April 1976, the defendant Cindy Raymnond ordered
Mr. Meisner to obtain internal Department of Justice files
regarding proposed amendments to the FOIA which the Department
Government Exhibit No. 109 was seized by Special Agent Gilberto
Valencia from Room 4 in the Information Bureau at the Cedars
Complex.
of Justice was about to send to Congress. Meisner learned through
his own research, that such proposals would normally be made by
the Deputy Attorney General of the United States and his staff.
Therefore, in early April 1976, the defendant Wolfe and Mr.
Meisner entered the United States Department of Justice at 9th
and Pennsylvania Avenue, N.W. , in Washington, D.C., to locate
the documents wanted by the defendant Raymond. Mr. Meisner used
his false IRS identification card in the name of "John M. Foster"
and the defendant Wolfe used his own IRS identification card.
They both then burglarized the fourth floor suite of offices of
Deputy Attorney General Harold R. Tyler Jr., where by rummaging
throuh the files, they located a series of memoranda which the
Department of Justice was about to send to Congress outlining
it's position on proposed amendments to the FOIA. The two men
forced open the door to these offices by using a metal sheet to
slip the lock latch. The defendant Wolfe and Mr. Meisner
photocopied these documents using Justice Department photo-
copying equipment and supplies, returning the documents to
the files, and stole the copies. Mr. Meisner, sent these stolen
documents with memoranda summarizing them to his superiors in Los
Angeles as well as to the "CSG", defendant Mary Sue Hubbard. In
the process of looking for the FOIA memoranda within the Deputy
Attorney General's suite, Mr. Meisner and the defendant Wolfe had
seen but did not steal the so-called "DeFeo Report"-an
investigation of the Drug Enforcement Administration conducted by
the Department of Justice.
Coincidentally, a few days after the Justice Department entry,
the defendant Cindy Raymond wrote Mr. Meisner that she had
learned that the Justice Department had conducted an
investigation of the Drug Enforcerent Administration, which she
directed him to get. The defendant Raymond explained that the
Church of Scientology had just lost an FOIA case which it had
initiated against DEA, and that it intended to appeal the lowcr
court's decision. In that context, the Guardian's Office wanted
to obtain the DEA investigation report and covertly leak the
report to the press to create an adverse
campaign against DEA which might aid Scientology in its FOIA
appeal. Therefore, on or about April 9, 1976, the defendant Wolfe
and Mr. Meisner once again entered the Department of Justice
building located at 9th and Pennsylvania Avenue, N.W., with Mr.
Meisner using his counterfeit IRS identification card. They
forced the door to the suite of offices of the Deputy Attorney
General in the same manner that they had previously done, and
eventually entered the offices of Associate Deputy Attorney
General Togo D. West, Jr. Mr. Meisner, recalling where he had
previously seen the "DeFeo Report", took it from a file cabinet
Mr. West's secretary's office. The report was in two parts with
an additional file of supporting raw data. The defendant Wolfe
and Mr. Meisner photocopied all three parts using equipment and
supplies of the United States Government located within the
Department of Justice, returned the documents to Mr. West's
office, and stole the copies. Mr. Meisner then summarized each
file in a series of three memoranda, dated 9 April 1976, which he
forwarded to "Br I Dir Nat'l", the defendant
Raymond, via "SE US Sec", the defendant Hermann/Cooper with a
copy to the "CSG", defendant Hubbard (Govcernment Exhibits Nos.
69, 70 and 71). 91/ Following his established practice, Mr.
Meisner, numbered each page of the stolen documents in the lower
right-hand corner of the document.
Mr. Togo D. West, Jr. was employed as Associate Deputy Attorney
General of the United States until April 23, 1976.
In that capacity, he received the DeFeo Report in early 1976. He
recalls that there was only one copy of that report and
supporting raw data in the Office of the Deputy Attorney General.
West did not give permission to Mr. Meisner or the defendant
Wolfe to take copies of the DcFeo Report. Indeed its distribution
was severely limited.
Two weeks following the entry into the Department of Justice's
Office of the Deputy Attorncy General, Bruce Raymond, the
National Operations Officer of the Information Bureau in the
United States, directed Mr. Meisner to release
the stolen DeFco Report to the _Village_Voice_ Newspaper in Now
York under the cover of a disaffected Department of Justice
employee. To that end, Mr. Meisner went to New York, where he
telephoned a reporter for the Village Voice. Mr. Meisner, as
ordered, identified himself as a disaffected Department of
Justice employee who was offering the reporter a confidential
report on an investigation of DEA conducted by the Justice
Department. Mr. Meisner mailed to the reporter half or the DeFeo
Report but never completed the operation because of the
Courthouse incident which was to occur on June 11, 1976. See page
172, _infra_ 98/
Government Exhibit No. 72 was seized by Special Agent Michael T.
Repucci in Room 14 of the Information Bureau at the Ccdars
Complex.
(footnote continued on next page.)
Burglaries or the Office of International Operations of the
Internal Revenue Service ind Theft of Documents Ttict-eft,o.@i
During the second week of April 1976, the defendant Hermann sent
a written order to Mr. Meisner directing him to obtain all files
on L. Ron Hubbard and the defendant Mary Sue Hubbard from the
Office of International Operations of the IRS. Appended to the
defendant Hermann's order was a report from "CPA US" Martin
Greenberg of the Finance Bureau stating that he had received
notice from the IRS that the incomie tax return of the Hubbards
was being audited. Mr. a ti Greenberg also indicated that Mr.
Thomas Crate of OIO was the tax auditor assigned to the Hubbard
case. Inasmuch as all materials which dealt with L. Ron Hubbard
and Mary Sue
(footnote continued from preceding page.)
Hubbard personally, received top priority within the Guardian's
office, Mr. Meisner soon located the office of Mr. Crate by using
a recent IRS directory obtained by the defendant Wolfe. On or
about April 14, 1976, at approximentaly 7 00 p.m., the defendant
Wolfe and Mr. Meisner, proffering his false "Foster" IRS
identification card, entered the building housing the Office of
International Operations at 1325 T. Street, N.W., in Washington,
D.C. They proceeded to the tenth floor where, according to the
IRS directory, Mr. Crate's office was located but were unable to
enter it because the door was locked. A cleaning lady who noticed
the defendant Wolfe and Mr. Meisner acting in a suspicious manner
notified the security guard who confronted Meisner and Wolfe. The
security guard was satisfied by Mr. Meisner's false IRS
credentials and the defendant Wolfe's genuine IRS identification
card. The cleaning lady thereupon opened the door to the office
of Mr. Crate. Since the room contained so man desks, it took
nearly thirty minutes to find Mr. Crate's desk. Once they did,
Mr. Meisner took all documents relating to the Hubbard
audit. Meisner then discovered that Mr. Crate's superior was
Howard Rosen and proceeded to check his desk as well. Inside one
of the drawers he found a key to Rosen's file cabinets. In them
Mr. Meisner found several thick files on the Hubbards and
Scientology. They took all the files; however, they could not
find a photocopying machine within that building. Mr. Meisner
decided to take the files to the main IRS building in order to
photocopy them. Thus, the defendant Wolfe and Mr. Meisner went
into the IRS building. where Mr. Meisner again used his false IRS
identification card to gain entry. Inside the main IRS building,
Mr. Meisner and the defendant Wolfe photocopied all OIO documents
using United States government property and supplies. They then
returned the documents to OIO, once again, signing the false name
of "John M. Foster." After replacing the files in Mr. Roscen's
file cabinet and Mr. Crate's desk, they stole copies of the
documents for the use of Scientology. The operation was completed
around 11 p.m.
On or about May 15, 1976, the defendant Wolfe and Mr.
Meisner again entered the Rosen-Crate area in order to obtain
all iicii documents regarding the Hubbard's audit. Such docu-
ments were found only in the desk of Thomas Crate, although
Rosen's files were also rechecked. This time Mr. Meisner and the
defendant Wolfe entered the office of Mr. Crate with the
assistance of the cleaning lady who recognized Mr. Meisner. The
two men made a third and final entry at the end of July, but no
more recent documents on the audit were found.That time as well,
the defendant Wolfe and Mr. Meisner entered the building using
Mr. Meisner's counterfeit IRS identification card, and regained
entry to the office with the assistance of a cleaning lady. On
neither occassion, did Mr. Meisner or the defendant Wolfe have
permission to enter the OIO building or the office of Messrs.
Crate or, Rosen, take documents from their files out of the
building, photocopy the files using United States Government
property and permanently deprive the IRS and OIO of the copies of
the documents. Following each of the first two entries, Mr.
Meisner summarized the stolen documents in memoranda addressed to
the defendant Mitchell Hermann/Mike Cooper, with a copy of
the memorandum and stolen documents sent to the "CSG", defendant
Mary Sue Hubbard. The documents obtained during the first entry
were summarized in four memoranda - one of one or which was dated
15 April 1976 (Government Exhibit No. 73), and three dated 19
April 1976 (Government Exhibits Nos. 74-76). 99/ Government
Exhibit No. 73 was entitled "'Re: OIO LRH File-Current Data".
Government Exhibit No. 74 covered "OIO File On LRH-January, 1974
- April, 1974" Government Exhibit No. 75 covered the period April
1974 to March 1976. Government Exiiibit No. 76 dealt with those
documnets prior to December, 1973. The documents obtained during
the second entry were summarized in a 17 May 1976 memorandum by
Mr. Meisner entitled "Re: Update On IRS OIO Activity On LRH/MSH".
100/ (Government Exhibit No.77.) 101/
In April and May 1976, Mr. Howard Rosen was a group manager at
the Office of International Operations of the IRS. He had under
his care, custody and control all the files relating to the audit
of L. Ron Hubbard and the defendant Mary Sue Hubbard. Mr. Rosen
himself supervised the Hubbard's audit from July 1973 to October
1973 when the case was assigned to Mr. Jeffrey Tobin also of that
office. In January 1976, Mr. Rosen returned to OIO and the case
was reassigned to him. The Hubbard audit case for the years 1971
and 1972 was not closed until June 1976 when Mr. Hubbard paid an
adjustment tax. The individual within Mr. Rosen's group who
worked on the audit was Thomas R. Crate. In April and May 1976,
Mr. Rosen kept all his files in a file cabinet located near his
desk. The file cabinet was kept locked at all times, and he had
the only key to those cabinets. He kept that key in his desk
drawer. Mr. Rosen reviewed the Meisner
memoranda marked Government Exhibits Nos. 73-77, and concludes
that all documents summarized therein were then, and still are in
his care, custody and control.
O. Burglaries and Thefts of Documents
From the Department of Justice in Washington, D.C.
1. Office of Paul Figley
The defendant Sharon Thomas began her employment at the
Department of Justice in Washington, D.C., on February 29, 1976.
She was assigned as a secretary to two trial attorneys in the
Information and Privacy Unit or the Civil Division. Soon after
her employment, she stole documents from that Unit which were the
basis for a number of pending Scientology-initiated FOIA
lawsuits. She took all those documents after working hours or on
weekends. The defendant Thomas met on a weekly basis, on either a
Monday or a Tuesday, with Mr. Meisner at one of several locations
in nearby Arlington, Virginia. The locations included the Lum's
and Three Chefs Restaurants as well as at her own apartment. Mr.
Meisner instructed her to obtain all files on Scientology from
the office of Department of Justice attorney Paul Figley who was
supervising the Freedom of Information Act cases within the
Department. After
collecting all the documents within Mr. Figley's office, she was
to monitor his office and take any new documents placed in his
files. The defendant Thomas was also directed to be attentive to
Mr. Figley in the hopes that she might become his secretary and
have immediate access to all his files. 102/ She was also
instructed to overhear all the phone and office conversations and
make notes of any matter relevant to Scientology.
On or about April 26, 1976, the defendant Thomas entered, without
permission, the office of Mr. Figley and took from his files
numerous documents which were the source of a pending FOIA
lawsuit brought by Scientology against the Energy Research and
Development Administration (ERDA), which had been assigned to Mr.
Figley. She then photocopied the docu- ments on a photocopying
machine within the Justice Department main building using United
States Government supplies and equipment after replacing the
documnets in Mr. Figley's office, she stole the photocopies and
gave them to Mr. Meisner
at their next regularly scheduled meeting. On 26 April 1976, Mr.
Meisner sent a memorandum to the defendant Hermann/Cooper which
summarized the documents, and to which were appended the stolen
documents themselves. He also sent a copy to the "CSG".
defendant, Mary Sue Hubbard (Government Exhibit No. 78) 103/ One
of the documents which Mr. Meisner appended to his memorandum to
the defendant Hermann was an April 6, 1976, letter from ERDA
Assistant General Counsel for Litigation and Legislation Guy H.
Cunningham, III, to Paul Figley regarding the United States'
position in the pending Scientology initiated FOIA civil action.
(Government Exhibit No. 79). 104/ That document is summarized in
Meisner's memorandum (Government Exhibit No. 78, page 1,
paragraphs 1-4). At the lower right-
hand corner of Government Exhibit No. 79 are the Meisner
handwritten numerals "1" and "2" ,411icli he
placed thereon upon receipt of the documents from Ms. Thomas. All
underlinings and numerals placed in the left-hand margin of the
documents were made by Mr. Meisner.
2. Interpol Liaison Office at the Department of Justice
The defendants Raymond and Hermann along with Tom Reitze, the
Information Bureau Snow White Program In-Charge, repeatedly
reminded Mr. Meisner of the high priority of the orders
re-garding the collection of data and documents from Interpol.
Nine nonths earlier, Guardian World-Wide Jane Kember had issued
Guardian Program Order 9 (GPgmO 9) which specifically addressed
itself to Interpol. GpgmO 99, entitled "Snow White Confidential"
ordered that the Guardian's Office must:
Through infiltrators or clandestined agents obtain all details of
any reports of requests for data on LRH, Scientology, OTC
[Operations and Transport Company], 105/ Apollo, etc. from US
police and/or US NCB [National Central Bureau of Interpol) to IP
[Interpol] International or any other NCB or from IP
International or any other NCB to US Police and/or US NCB.
(Target 10).
GPgmO 9, which was issued on June 27, 1975, (Government Exhibit
No. 63) was written by Deputy Guardian for Information World-Wide
Mo Budlong. Government Exhibit No. 63 shows that target 10 which
had been assigned to Branch I Director, the defendant Willardson,
and "SW I/C" (Snow White in Charge) Reitze was completed on 3
June 1976 with the burglaries of Assistant United States Attorney
Nathan Dodell's office. 106/
Nancy Douglass, Scientology's covert operatLive at the Drug
Enforcement Administration, informed Mr. Mesiner that an Interpol
Liaison Office had been newly created at the Department of
Justice. That Office was to be the first step in the eventual
transfer or the Interpol National Central Bureau for the United
States from the Department of the
Treasury to the Department of Justice. Ms. Douglass had attempted
unsuccessfully to obtain employment at the Interpol Liaison
Office. Thus, it became neccessary for Mr. Meisner to obtain the
documents from that office through other means. Beginning in
April 1976, and continuing until late May 1976, Mr. Meisner and
other Scientology operatives made a number of entries into the
Interpol Liaison Office to obtain the documents regarding
Scientology. The first entry was made in early April by the
defendant Wolfe and Mr. Meisner. They entered the main Justice
Department Buillding located at 9th and Pennsylvania Avenue,
Northwest, in Washington, D.C., shortly before 5:30 p.m., using
Mr. Meisner's false IRS identification card. They waited until
all personnel had left the Interpol Liaison Office on the sixth
floor, then entered, without permission, that office. They found
a number of locked file cabinets, as well as two locked safes.
Then, thirty minutes later, after having searched in vain
throughout the entire suite of offices for keys to the file
cabinets, the defendant Wolfe and Mr. Meisner left the building.
One week later, they made a second entry into the Justice Department,
once again using the Meisner fake identification to gain
entry. Mr. Meisner brought a variety of lock-picking tools to
open the file cabinets within the Interpol Liaison office. Once
again he was unsuccessful and they left the building. On a third
occasion, in mid-April, the defendant Sharon Thomas entered the
Justice Department Building with Mr. Meisner; this time they
looked through the office for a combination to the safes and
eventually found it in a file card box on a secretary's desk.
After opening one of the two safes, they found the keys to the
file cabinets and gained access to the documents. They took some
three to four inches of documents out of the sixth floor Interpol
offices to the fourth floor photocopying machine where they made
copies or all the documents with United States Government
equipment and supplies. Some two hours later, the defendant
Thomas and Mr. Meisner left that building with stolen copies of
the documents.
Mr. Meisner made one more entry into the Interpol Liaison Office
with the defendant Sharon Thomas and Scientology covert
operative Michael Baun, through the use of Mr. Meisner's
counterfeit IRS identification card. Because the Guardian's
office officials wanted _all_ Interpol documents whether re-
lated to Scientology or not, Mr. Meisner, not only took some
documents on this occasion but also directed the defendant Thomas
and Mr. Baum to make weekly entries into that office where they
were to methodically examine each file cabinet for any Interpol
documents. The documents taken on this occasion were photocopied
using the fourth floor Justice Department photocopying equipment
as well as United States Government supplies. The documents were
returned to their original loca- tion and the copies wore stolen.
Mr. Meisner then summarized the stolen documents in two separate
memoranda dated 28 April 1976 which he sent to the defendant
Raymond, who, as Branch I Director National, had supervision over
Interpol matters. (Government Exhibit No. 80). 107/ The memoranda
with attached stolen documents were forwarded via Southeast U.S.
Secretary, the defendant Hermann/Cooper. The stolen documents
related to
to a symposium for the heads of police colleges which Interpol
was to hold in September 1976, Interpol's history, and terrorism.
Upon receipt of the Meisner memoranda, the defendant Raymond
forwarded them and the documents to World- Wide. 108/
Over the next month the defendant Thomas and Mr. Baum burglarized
the Interpol Liaison Office at the Justice Depart- ment on at
least three occasions. Those raids netted some three feet of
copies of Interpol documents. On each ocassion they used the
photocopying equipment and supplies located on the fourth floor
of the Department of Justice main building and stole the copies.
The documents were given to Mr. Meisner who in each instance
excerpted the documents in memoranda identical to Government
Exhibit No. 80. (See Government Exhibit
Nos. 85 and 86.) 109/ Government Exhibit No. 81 is a 3 May 1976
Meisner memorandum summarizing stolen Justice Department
correspondence on Interpol for the period October 1957 to May
1969. Appended to that memorandum, among others, were Government
Exhibits Nos. 82-84, which have Mr. Meisner's handwritten
numerals in their lower-right hand corner as well as other
Meisner underlinings and notations. 110/
Government Exhibit No. 85 contains two 17 May 1976 memoranda and
one 12 May 1976 memorandum by Mr. Meisner to the defendant
Raymond summarizing other Justice Department Interpol documents.
Similarly, Government Exhibit No. 86 is a 28 May 1976 Meisner
memorandum to the defendant Raymond summarizing nine pages or
appended Interpol Liaison Office documents regarding a General
Accounting Office (GAO) audit. Each of those memoranda were
forwarded by the defendant Raymond to World-Wide. 111/ Neither
the defendant Thomas nor Mr. Meisner had permission to enter the
Interpol Liaison Office, take the documents out of that office,
or steal the photocopies for the use of Scientology.
3. Offices of Special Assistant to Assistant Attorney General for
Administration John F. Shaw
During the year 1975, a Senate Commitee had conducted hearings
concerning Interpol. In 1976, the Guardian's office of the Church
of Scientology was strongly advocating the re- opening of such
hearings to dispute the United States' con- tinued participation
in that organization. In this regard, Hugh Wilhere, an official
of the Public Relations Bureau of the District of Columbia's
Guardian's Office, informed Mr. Meisner that he had met with
Special Assistant to Assistant Attorney General for
Administration, John F. Shaw, whom he had learned was supervising
the transfer of Interpol from the Treasury Department to the
Department of Justice. Based on this information, and pursuant to
the order contained in "Gpgmo 9", Mr. Meisner began monitoring
Mr. Shaw's office for Interpol related documents. On three
occassions, on or about April 29, May 8 and May 17, 1976, the
defendant Sharon Thomas and Mr. Meisner entered the Department of
Justice Building after 5:30 p.m using the defendant Thomas'
Department
of Justice identification card, in order to steal copies of
documents from Mr. Shaw's office. On each occasion, the defendant
Thomas met Mr. Meisner outside the Justice Depart- ment building.
On or about, April 29, 1976, following thier entry into the main
Department of Justice building, located at 9th and Pennsylvania
Avenue, N.W., in Washington, D.C., they proceeded to the first
floor office of Mr. Shaw. Mr. Meisner forced open the locked door
to the Shaw suite of offices by inserting a plastic sheet the
size of a credit card to slip the latch. Once inside the suite,
they went through a secretary's office which led into Mr. Shaw's
personal office. On his desk was a five to six inch high stack of
documents, all related to Interpol. Mr. Meisner placed these
documents in his briefcase and, together with the defendant
Thomas, went to the fourth floor where they both photocopied the
documents using Department of Justice photocopying equipment and
supplies located nearby. Thereafter, they returned the documents
to Mr. Shaw's desk. The copies of the documents were then taken,
without permission, in Mr. Meisner's briefcase to the Guardian's
Office of the Church of Scientology at 2125 S Street N.W.,
Washington, D.C. Mr. Meisner excerpted one hundred and twenty
four pages of some eight hundred pages of stolen documents in a
memorandum to the defendant Raymond, dated 30 April 1976,
entitled "Re: Current Feud Between Justice and Treasury - Justice
Takeover of Interpol NCB" (Government Exhibit No. 87). The
documents, which Mr. Meisner appended to his memorandum, each
contain both his handwritten numerals in their lower right-hand
corner as well as his underlining and notations in the left-hand
margin. (Govern- ment Exhibits Nos. 88-92). 112/ Upon receipt of
that memorandum, the defendant Raymond forwarded it, and the
documents appended thereto to World-Wide stating that "the data
is really fascinating."113/
(footnote continued on next page.)
On or about May 17, 1976, 114/ the defendant Sharon Thomas and
Mr. Meisner entered for the third time, after working hours, the
Department or justice, this time by displaying the identification
card of Ms. Thomas. They proceeded to the first floor offices of
Mr. Shaw which they entered by again forcing open the door using
a credit card like device. They there took from Mr. Shaw's office
current
(footnote continued fron preceding page.)
data which Mr. Shaw had received regarding Interpol in general
and, in particular, a an audit which was then being conducted by
the General Accounting Office. All of these documents had been
classified for "Limited Official Use". The defendant Thomas and
Mr. Meisner photocopied these documents in the same manner as
they had on April 28, and May 8, 1976. Just as on the prior two
dates, they removed from the building the stolen copies. Mr.
Meisner then summarized the documnets in a 17 May 1976 memorandum
to the defendant Raymond which was sent via the defendant
Hermann/Cooper. The appended stolen documents bear Mr. Meisner's
hadnwritten numerals in the lower right-hand corner. 115/
In April and May 1976, Mr. John F. Shaw was, in fact, the Special
Assistant to Assistant Attorney General for Administra- tion
Glenn Pommerening, Jr. Mr. Shaw's offices were located In Room
1103 on the first floor of the main Department of
Justice building at 9th Street and Constitution Avenue,
Northwest, In Washington, D.C. In that capacity he was the main
coordinator of the Justice Department's internal review
concerning the transfer of Interpol from the Department of the
Treasury to the Department of Justice. He maintained all his
files on Interpol on shelves in an unlocked closet behind his
desk. He has reviewed the Meisner memoranda referred to herein
and the documents appended thereto and, states that they were in
his office on the dates of the memoranda. Indeed, they still are
in his files. Many of these documents contain his handwritten
notations while others are specifically addressed to him. He did
not at any time give permission to the defendant Thomas or Mr.
Meisner to enter his offices, take these documents, photocopy
them, or take the copies for the use of Scientology.
P. Burglaries and Thefts of Documents from Assistant United
States Attorney Nathan Dodell's oOffice, Located in the United
States Courthouse for the District of Columbia
On April 14, 1976, during a Scientology FOIA case chambers
hearing, United States District Judge George L.
Hart, Jr. queried Assistant United States Attorney Nathan Dodell
on the record and in the presence of Walter G. Birkel, Jr.,
Esquire, counsel representing the Church of Scientology, whether
the United States had considered taking a deposition of L. Ron
Hubbard. Mr. Dodell responded that it was an "interesting
thought". which he would discuss with the Depart- ment of
Justice. 116/ (Government Exhibit 96 at P. 3). 117/
THE COURT: Have you all considered taking Hubbard's deposition?
MR. DODELL: It is an interesting thought, Judge Hart . . . .
THE COURT: Why don't you take his deposition?
MR. DODELL: Well, let me say, I consult with people at the
Justice Department handling these cases because there are so
many, we obviously coordinate and I will certainly relay that
suggestion to them with the fact that you have reiterated here.
Tr. at 2, 4.
On April 20, Paul Klopper, the Branch II Director for the Legal
Bureau in the United States, notified by memorandum the defendant
Richard Weigand about this colloquy in Judge Hart's courtroom and
suggested an investigation be initiated. In a letter dated 27
April 1976, and entitled "Re: LRH Safety", the defendant Weigand
wrote the defendant Hermann/Cooper appending to the letter the
Klopper memorandum. In his letter, the defendant Weigand ordered
that the following actions be "done on a very high priority and
as fast as possible:"
A. A complete ODC [Overt Data Collection] and CDC [Covert Data
Collection] on Judge Hart. (this can fall under the targets of
GPgmO 301 but must be done very fast)
B. Get a line in the JUDY area 118/ for immediate feedback of any
proposed intention to deposition LRH. Telex all data found. You
should also check out the flow line on which this type of
deposition would travel and keep a daily monitor of the line.
C. Get some type of line into Dodell
(similar to the successful suitable guise line you had when you
were in DC) and keep tabs on what his intentions are in the area
of depo- sition of LRH.
D. Also see if we can do some type of
JUDY action 119/ in Dodell's area to get data predicting any
action to deposition.
The defendant Weigand instructed that in conducting the
investigation on Judge liii-t, the defendant Hermann/Cooper
should "Be sure to look for any data legal could use to get him
removed from the cases". On the same day, the defendant Weigand
informad the defendant Raymond of the directive he had issued to
the defendant Hermann/Cooper (Government Exhibit No. 96 at p. 4).
In late April, the defendant Hermann/Cooper directed Meisner, in
writing, to execute the order contained in the letter of the
defendant Weigand of 27 April 1976. Appended
to the defendant Hermann/Cooper's directive were the Weigand and
Klopper letters in Government Exhibit No. 96. 120/ Mr. Meisner
immediately notified the defendant Thomas to be alert to any
possible decision to subpoena L. Ron Hubbard. Mr. Meisner then
directed his own attention to Assistant United States Attorney
Nathan Dodell.
On or about May 7, 1976, the defendant Gerald Bennett Wolfe and
Mr. Meisner entered the United States Courthouse for the District
or Columbia located at 3rd Street and John Marshall Place, N.W.,
in Washington, D.C., around 4:00 P.M. and went to the 3rd floor
which housed the United States Attorney's Office. Their purpose
was to reconnoiter the area and locate the offices of Mr. Dodell.
They proceeded directly to the third floor District of Columbia
Bar Asso- ciation Library, and from there went to the area
housing
Civil Division of the United States Attorney's Office.
Eventually, they located Mr. Dodell's office in the back part of
the Civil Division area, off of a hallway near a key-operated
elevator and the rear door of the D.C. Bar Association Library.
They then searched for a photocopying machine, and found one coin
operated machine in that library, and two other larger machines
within the United States Attorney's Office next to the Fraud
Division. At 5:30 p.m., they returned to Mr. Dodell's office and
found the door locked. After trying unsuccessfully to force the
open the door with a metal sheet, they left the building.
Mr. Meisner instructed the defendant Wolfe to return to the
Courthouse in the daytime and inspect the latch on Mr. Dodell's
door to determine how to gain access. A few days later, the
defendant Wolfe telephoned Mr. Meisner at his office at the
Church of Scientology at 2125 S Street, N.W., Washington, D.C.
and told him that he was calling from Mr. Dodell's office. The
defendant Wolfe informed Mr. Meisner that Mr. Dodell's secretary
had apparently left her keys on
her desk. Mr. Meisner directed the defendant Wolfe to take the
keys and meet him on John Marshall Place, N.W. Half an hour
later, the defendant Wolfe and Mr. Meisner located a locksmith at
Seventeenth Street and Columbia Road, N.W., where they obtained
duplicates of some of the keys. They then both returned to the
United States Courthouse, and Mr. Meisner dropped the keys in the
hallway adjacent to Mr. Dodell's office. Both men then left the
Courthouse.
On May 21, 1976, at approximately 6:30 to 7:00 p.m., the
defendant Wolfe and Mr. Meisner entered the Courthouse building
at 1111 Constitution Avenue, N.W. They drove from there to the
United States Courthouse. Mr. Meisner entered the building using
his IRS credentials and signed in using the name "John M.
Foster". They informed the General Services Administration (GSA)
security guard that they were going to the District of Columbia
Bar Association Library to do legal research. The guard called
the Bar library and inquired whether they would be permitted to
enter. Having been informed that they could use the library, the
security
Guard issued Mr. Meisner an elevator key. The defendant Wolfe and
Mr. Meisner then proceeded to the Bar library on the third floor,
where the defendant Wolfe and Mr. Meisner signed the library log
using the names "J. Wolfe" and "John Foster", respectively. (See
Government Exhibit No. 97.) They walked to the back of the
library where they removed some legal books from the shelves,
placed them on a table and pretended that they were doing
research. A few minutes thereafter, the defendant Wolfe and Mr.
Meisner passed through the back door of of the library onto the
hallway off of which Mr. Dodell's office was located. Using the
duplicate keys, they forced open the door to Mr. Dodell's office
and entered the office without permission. The defend- ant Wolfe
and Mr. Meisner examined Mr. Dodell's unlit office by flashlight
and found a current file on Scientology. Mr. Meisner took that
file as well as a number of other files from one of Dodell's file
cabinets. They walked through the third floor hallways to the
Offices of the United States Attorney for the District of
Columbia and the two photocopy
machines which they had located on May 7. They there photo-
copied approximately six inches of documents on Scientology and
Interpol using United States Government supplies and equipment.
They returned the documents to Mr. Dodell's files and the copies
were placed in Mr. Meisner's briefcase. The defendant Wolfe and
Mr. Meisner left the Courthouse at approximately 11:00 p.m., and
returned to the parking lot at the main IRS building on
Constitution Avenue, N.W. Mr. Meisner then returned to his office
at 2125 S Street, N. W., and immediately telephoned the defendant
Weigand to inform him that he and the defendant Wolfe had
burglarized Dodell's office and stolen copies of the Interpol
documents located therein. These were the documents which the
United States Guardian's Office had been ordered to obtain by
Guardian World-Wide Jane Kember in November 1973 121/ as well as
the documents targeted both by GPgmO 9, and a subproject written
by the defendant Raymond pursuant to GPgmO 302. The defendant
Weigand congratulated Mr. Meisner on his successful mission.
Mr. Meisner reviewed the documents which had been stolen from Mr.
Dodell's office and summarized some or them in two memo- randa
dated May 24 and May 27, 1976. (Government Exhibits No. 98 and
100.) 122/ Government Exhibit No. 98 contained two Meisner
memoranda dated 24 May 1976 addressed to the defendant Raymond
via the defendant Hermann/Cooper. They are entitled "US Interpol
NCB Documents on Scientology Withheld in Entirety Under FOIA" and
"US Interpol NCB Documents on Scientology Partially Withheld
Under FOIA". Appended to these memoranda were at least eighty-six
of the approximately one thousand pages of documents stolen from
Mr. Dodell. Each document summarized therein contained a numeral
handwritten by Mr. Meisner in its lower right-hand corner as well
as some other excerptions and notes. (See, e.g. Government
Exhibit No. 122/ Government Exhibit No. 98 was seized by Special Agent
Kramarsic from a file cabinet in the defendant office at the
Fifield Manor, and Government Exhibit No. 100 was seized by
Special Agent Kramarsic from Room 14 in the Information Bureau at
the Cedars Complex. 99.) 123/ Government Exhibit No. 100 contained a May
25, 1976 Meisner memorandum from Mr. Meisner entitled "Nathan Dodell,
Current Information on Scientology's Harrassment of the
Government on Legal Lines" which summarized documents stolen from
Mr. Dodell's office. That memorandum, and a second one of the
same date entitled "Significance of Dodell Material Enclosed",
was sent by Mr. Meisner to the defendant Hermann/Cooper. Appended
to it are copies of numerous documents stolen from Mr. Dodell.
Many or these documents contained the handwriting of Assistant
United States Attorney Nathan Dodell. 124/ On May 27, the
defendant Hermann/Cooper forwarded
"24" and compare to Government Exhibit No. 98, Meisner, page 24
May 1976 memo at page three, paragraph two. Government Exhibit
No. 99 was seized by Special Agent Ryan from Room No. 13 within
the Information bureau at the Cedars Complex. 124/ See, for
example, the documents containing Mr. Meisner's handwritten
numerals Nos. 1, 6, 7, 12, 13, etc. Mr. Dodell has reviewed these
documents and states that they were in his files in May 1976, and
indeed still remain in his files.
the Meisner memorandum and appended stolen documents to
World-Wide with a cover memorandum outlining the content of the
package. A copy or that material was sent to the Deputy Guardian
for the United States, the defendant Heldt, and the Deputy
Guardian for Information in the United States, the defendant
Weigand. 125/
On May 28 1976, the defendant Wolfe and Mr. Meisner met once
again outside the main IRS building in Washington, D.C. at
approximately 6:30 p.m., and after parking one of the cars
nearby, proceeded to the United States Courthouse, at Third
Street and John Marshall Place, N.W. In the Courthouse Mr.
Meisner signed in as "John M. Foster," using his false IRS
identification card. The defendant Wolfe signed-in as "T. Haake"
using a D.C. Bar Association library card which he had borrowed
from another IRS employee. United States Court- house logs
maintained by the GSA security guards indicate that the two men
entered the Courthouse at 7:30 p.m. and remained until 9:55 p.m.
The entry logs further show that
they were going to the "Library". (Government Exhibit No. 101.)
Once again they borrowed an elevator key and proceeded to the
third floor of the United States Courthouse and entered the
Library of the District of Columbia Bar Association through the
back door without first signing in. A few minutes later, finding
the area clear, they went to Dodell's office and opened the door
with the key which they had previously duplicated. This time they
took approximately one foot of documents related to Scientology,
and more specifically to the District of Columbia Police
Department and the federal Food and Drug Administration. These
docments were photocopied on the United States Attorney's Office
photocopying machines using Government owned supplies located
nearby. As the defend- ant Wolfe and Mr. Meisner were returning
to Mr. Dodell's office through the library, they were stopped by
night librarian Charles Johnson who inquired as to whether they
had signed- in. When he was told that they had not, he required
them to sign-in (See Government Exhibit No. 102.) Mr. Meisner
signed-in as "J. Foster" and Mr. Wolfe as "W. Haake". They
placed as a reference telephone number, 964-4483. The night
librarian informed them that they were not to return to the
library unless they had specific authorization from the regular
librarian. The defendant Wolfe and Mr. Meisner immediately left
the library, returned the documents to Mr. Dodell's office and
left the Courthouse with copies of the documents in Mr. Meisner's
briefcase. After leaving the defendant Wolfe at the IRS building,
Mr. Meisner returned to the Guardian's Office.
In two memoranda dated 1 June and 2 June 1076 (Government
Exhibits Nos. 103 and 104, respectively), 126/ Mr. Meisner
summarized the more important of the documents which he and the
defendant Wolfe had stolen from Mr. Dodell's office. Both
memoranda are addressed to the defendant Hermann/Cooper. 127/
Upon receiving the June 2, 1976 memorandum and attached stolen
documents, the defendant Hermann/Cooper forwarded them to
World-Wide in a June 6, 1976 letter entitled "Re: DC US Attorney
Nathan Dodell".
Mr. Dodell was, in 1976, and still is an Assistant United States
Attorney for the District of Columbia assigned to the Civil
Division of the United States Attorney's Office. His personal
office was located, in May and June 1976, on the third floor of
the United States Courthouse for the District of Columbia,
immediately behind the Library of the District of Columbia Bar
Association. He has reviewed copies of the documents appended to
the Meisner memoranda refered to above, and concludes that they
were in his files on the dates on which the memoranda were
written. In fact they remain in his files to this date. Many of
the documents contain, or are written in, his own handwriting.
Mr. Dodell did not give permission to either the defendant Wolfe
or Meisner to enter his offices, take documents which were in his
care, cuntody and control, photocopy them, or steal copies
thereof.
On May 31, 1976, the night librarian, Charles Johnson, and the
GSA Security Guard notified the United States Attorney's
office that two individuals who had identified themselves as IRS
employees and who had in their possession IRS identifica- tion
cards had been seen using the photocopying machines of the United
States Attorney's Office on the previous Friday evening. Both Mr.
Johnson and the guard were instructed to immediately contact the
FBI if those two individuals returned to the Courthouse.
During that same time Mr. Meisner contacted the chief D.C. Bar
Association librarian, requested, and obtained from her, a letter
permitting him to use the facilities of the D.C. Bar library. On
June 8, 1976, Deputy Guardian for Information, the defendant
Weigand, Deputy Guardian for Legal Bureau Mary Rezzonico, and
Deputy Guardian for Public Relations Arthur Maren, approved a
"Project: Target Dodell" (Goverment Exhibit No. 105). 128/ Its
purpose was to "render Dodell harm- less" because of his
aggressive representation of the United States of America as
counsel in the Scientology FOIA legal actions. A few days prior
to June 11, 1976, the defendant Hermann/Cooper telephoned Mr.
Meisner and directed him to
to return to Mr. Dodell's office and steal Dodell's personal
files in order to devise and formulate a covert operation to
remove him as an Assistant United States Attorney for the
District of Columbia. To that end, the defendant Wolfe and Mr.
Meisner met on June 11, 1976, once again, outside the main IRS
building in Washington, D.C., and proceeded to the United States
Courthouse in that same city. They entered the United States
Courthouse at approximately 7:00 p.m., Mr. Meisner signing-in as
"John M. Foster" and the defendant Wolfe using the name "Thomas
Blake", both using their counter- feit IRS identification cards.
They proceeded to the Bar Association Library where they signed
in using the names indicated above. (Government Exhibit No. 106).
Mr. Meisner also showed the night librarian, Charles Johnson, the
written permission which he had earlier secured fron the head
librarian. The defendant Wolfe and Mr. Meisner them proceeded
through the back of the library to Mr. Dodell's office where they
observed cleaning ladies still working in that office. They
returned to the library and waited there until the cleanup crew
had left Mr. Dodell'S Office. In the meantime, night librarian
Johnson contacted the FBI regarding the presence of the defendant
Wolfe and Mr. Meisner. Shortly thereafter FBI Special Agents
Christine Hansen and Dan Hodges confronted tho defendant Wolfe
and Mr. Meisner at one of the back tables within the Bar
Association Library, and demanded to see their identification
cards. Mr. Meisner presented his IRS identi- fication card to the
FBI agents and informed them that he had since resigned from the
IRS. While FBI Agent Hansen continued questioning the defendant
Wolfe and Mr. Meisner, FBI Agent Hodges left to contact an
Assistant United States Attorney. Mr. Meisner informed Agent
Hansen that he and the defendant Wolfe had been in the Courthouse
to do legal research, and that they had used the United States
Attorney's Office photocopying machine to photocopy legal books
and cases. He gave her as his home address an address a few doors
away from his actual residence. Neither individual mentioned
either's association with the Church of Scientology, or the true
purpose for which they were in the United States Court-
house. After fifteen minutes of questioning Mr. Meisner inquired
if they were under arrest. When Agent Hansen responded that they
were not, Mr. Meisner told Wolfe that they were leaving. As they
were leaving the library, Agent Hodges called to the defendant
Wolfe and Mr. Meisner but was told by Mr. Meisner that Agent
Hansen had permitted them to leave. 129/
(footnote continued on next page.)
Upon leaving the United States Courthouse, Mr. Meisner and the
defendant Wolfe walked a number of blocks to make sure that they
were not being followed and then took a taxicab to Martin's
Tavern Restaurant on Wisconsin Avenue and N-Street, N.W.
in-Washington, D.C. Mr. Meisner then telephoned the defendant
Hermann/Cooper in Los Angeles, California to inform him in a
circumspect manner that they had been confronted by the FBI. The
defendant Hermann/Cooper told Mr. Meisner to call him back at a
public telephone. A few minutes later
(footnote continued from preceding page.)
In a letter dated 3 June 1977, the United States Secretary at
World-Wide Hermann Brendel sent the defendant Gregory Willardson,
who had been elevated to the post of Deputy Guardian for
Information U.S., "a list of the vital products needed from B1
[Information Bureau] US." He states that these were "taken from
CSG [Mary Sue Hubbard] and GWW [Guardian World-Wide Jane Kember]
orders". (Government Exhibit No. 112).
Government Exhibit No. 112 was seized on July 8, 1977, by Special
Agent Eusebio Benavidez from the pending basket on the defendant
Willardson's desk at the Cedars Complex.
Mr. Meisner once again contacted the defendant Hermann, and this
time informed him of the details of his confrontation with the
FBI in the United States Courthouse for the District of Columbia.
The defendant Hermann/Cooper instructed Mr. Meisner to remain at
the restaurant and told him that he would contact the defendant
Weigand and further instruct Mr. Meisner at that time as to what
course of action to follow. He also directed Meisner to begin
writing a report on what had actually occurred in the United
States Courthouse. Mr. Meisner was to call him back within one
hour. Mr. Meisner then contacted Joseph Alesi, the Branch I
Director for the District of Columbia. Mr. Meisner directed Mr.
Alesi to proceed to the United States Courthouse and pick up the
defendant Wolfe's car which had been left there and bring it to
Martin's Tavern Restaurant. Mr. Meisner, also instructed Mr.
Alesi to call Mrs. Meisner and ask her to pick up his car, which
he had left in the main IRS building parking lot.
One hour later, Mr. Meisner called the defendant Hermann/ Cooper
in Los Angeles, California, to receive further
instructions, The defendant Hermann/Cooper informed Mr. Meisner
that he had discussed their FBI confrontation with the defendant
Weigand and that the latter wanted him to come immediately to Los
Angeles, California. Mr. Meisner stated that he would leave the
next morning for Los Angeles. Mr. Meisner and his wife stayed
that night at the Quality Inn Motel on Courthouse Road and Route
50 in Arlington, Virginia. (Government Exhibit No. 113).
Mr. Meisner then called Bruce Ullman, the Information Branch II
Director for the District of Columbia, and directed him to obtain
money from the Guardian's Office funds and bring it to him the
next morning, when he was to pick him up at an Arlington motel
and take him to the National Airport for his trip to Los Angeles.
IV.
The Conspiracy to Obstruct Justice, to Obstruct an Investigation,
to Harbor a Fugitive and to Make False Declarations Before the
Grand Jury
A. The preperation of the Cover-Up Story
On June 12, 1976 Mr. Meisner was met at the Quality
Inn Motel, in Arlington, Virginia by Mr. Bruce Ullman who
gave him money for a round trip flight to Los Angeles. Mr. Ullman
drove Mr. Meisner to National Airport where Mr. Meisner took a
United Airlines flight to Los Angeles. On the plane, Mr. Meisner
completed his detailed report of the Courthouse incident as he
had been directed to, the night before, by the defendant Weigand
through the defendant Hermann/Cooper. Mr. Meistier arrived in Los
Angeles at approximately noon, and went directly to the defendant
Weigand's office on the seventh
floor of the Fifield Manor. Defendant Weigand reviewed Mr.
Meisner's handwritten report and then asked him to type it. Mr.
Meisner typed it at defendant Weigand's desk. (Government Exhibit
No. 114.) 130/ When he had finished, Mr. Meisner showed the typed
report to defendants Weigand and Willardson, both of whom read
it. Defendant Weigand remarked that he would take it to the
defendant Heldt's office on the sixth floor. He did this and
returned approximately fifteen minutes
later. The defendants Weigand and Willardson then, together with
Mr. Meisner, analyzed the crisis to determine what leads the FBI
had and how they could contain or stop the investigation. The
three men decided to devise a cover story for use by the
defendant Wolfe if he were arrested. The plan contemplated
further that defendant Wolfe would, if captured, enter a guilty
plea, after which Mr. Meisner would surrender to the FBI and give
the same story to them as Wolfe had. An alternative plan had both
the defendant Wolfe and Mr. Meisner surrendering immediately and
giving the same cover story. All parties recognized that the
highest priority lay in stopping the FBI investigation before it
could connect the defendant Wolfe and Mr. Meisner to the Church
of Scientology and thereby expose other officials of the
Guardian's office who had been involved in the burglaries,
thefts, and buggings, described in the first conspiracy, _supra_.
After a full afternoon of discussions, the defendants Weigand and
Willardson drove Mr. Meisner to a Holiday Inn located near
Hollywood Boulevard in Los Angeles, California, where Mr. Meisner
registered under a false name. That evening he had dinner
together at the motel prior to leaving Mr. Meisner for the
evening
(footnote continued on next page.)
On Sunday, June 13, 1976, the defendant Willardson met Mr.
Meisner at his motel room and drove him to the defendant
Weigand's office, where all three met to finalize the outline of
the plan, which they had discussed the day before, in order to
present it to the defendants Heldt and Snider. Soon there- after,
the defendant Weigand and Mr. Meisner met with the defendants
Heldt and Snider in the defendant Heldt's sixth floor offices at
the Fifield Manor. The defendants Heldt and
(footnote continued from preceding page.)
On June 21, 1976 the defendant Weigand sent the same report to
CS-G Assistant for Information Jimmy Mulligan. See Governnent
Exhibit No. 115 which was seized by Special Agent James R.
Kramarsic from a file cabinet located in a closet in the
defendant Heldt's inner office at the Fifield Manor. Handwriting
expert James Miller concludes that it is "probable" that the
defendant Heldt wrote his initials next to his title in the
routing portion of the cover letter, and that it is "probable"
that the defendant Weigand wrote the signature "Dick" on that
letter. Mr. Meisner recognizes both the initial and the signature
as those of the defendants Heldt and Weigand, respectively.
Snider each indicated that they had already read Mr. Meisner's
report (Government Exhibit No. 114) and were fully conversant
with the matters discussed in it. All present concluded that the
F8I could readily trace already existing leads back to the Church
of Scientology. With this in mind, the defend- ants Heldt and
Snider suggested an alternative plan which they had formulated on
their own earlier that day. That plan called for the defendant
Wolfe and Mr. Meisner to be withdrawn from the District of
Columbia and sent out of the United States. The defendant Heldt
stated that as long as there were no bodies, the FBI would have
nothing to investigate. The defendant Weigand, however, countered
that if no bodies were found then the FBI would look even more
deeply and find the connection between the defendant Wolfe and
Mr. Meisner and the Church of Scuentology organization. The
defendant Weigand explained that Mr. Meisner had given the FBI an
address close to his real residence where, by cnavas, the FBI
might find someone who could identify him by the photograph on
his counterfeit IRS credentials. It was also pointed out
that the FBI not only had Mr. Meisner's and the defendant Wolfe's
handwriting on the Courthouse and library logs, but also Mr.
Meisner's fingerprints on his false IRS identification card.
Thus, the defendant Weigand suggested that if the defendant Wolfe
allowed himself to be arrested and gave the proper cover story,
then the investigation could be contained. Then, following the
defendant Wolfe's plea of guilty, Mr. Meisner would surrender,
give the same cover story as the defendant Wolfe, and enter a
guilty plea. This, he posited, would terminate the investigation
with little or no connection to Scientology. The defendant Heldt
directed the defendant Weigand and Mr. Meisner to discuss both
plans, and detail one of them and present it to him for his final
approval.
The defendant Weigand and Mr. Meisner returned to the defendant
Weigand's office where the defendant Willardson joined them to
implement the defendant Heldt's orders. During that meeting, the
defendant Hermann/Cooper informed them that the defendant Wolfe
had left the District of Columbia and was to arrive in Los
Angeles later that evening. The defendant Hermann then joined the
meeting for a short period
of time. The three men drafted defendant Weigand's ideas in
proposal format. The defendant Weigand himself actually wrote out
the proposal for the defendant Heldt's approval, typed it, and
took it to the defendant Heldt. Some fifteen minutes later, the
defendant Weigand returned to his office and stated to the
defendant Willardson and Mr. Meisner that the defendant Heldt had
approved that plan. They decided to meet again the next morning
to prepare the cover story with the defendant Wolfe. The
defendant Weigand directed Mr. Meisner to change his appearance
with the assistance of Weigand's secretary,
Janet Finn. The defendant Willardson and Mr. Meisner then had
dinner, after which Mr. Meisner was returned to the Holiday Inn
motel.
On Monday, June 14, the defendant Weigand's communicator
(secretary), Janet Finn, met Mr. Meisner at approximately 9:00
a.m. at his motel room. She cut his hair, then dyed it red. Mr.
Meisner then shaved his mustache. Establishment Officer (Esto
Off) Peeter Alvet met Mr. Meisner and gave him approximately $200
to obtain contact lenses. Mr. Meisner
then went to an optometrist on Hollywood Boulevard where he
purchased soft contact lenses. 132/
At approximately 1:00 p.m. the defendants Weigand, Willardson and
Wolfe arrived at the Holiday Inn to create the cover story to be
given by Wolfe to the FBI. The defendant Weigand informed Mr.
Meisner that the defendant Hermann/Cooper was on a plane on his
way to the District of Columbia where he was to assume
temporarily the position of Assistant Guardian for Information
until Richard Kimmel could be brought back from England where he
had been undergoing training at World- Wide for that position.
133/
During the next hour the following cover story was prepared: The
defendant Wolfe and Mr. Meisner were to have met in February 1976
in a District of Columbia bar, which was to be selected later,
and struck up a friendship. Mr.
Meisner was to have introduced himself as "John Foster". Mr. Mr.
Meisner was to have told the defendant Wolfe that he was a law
student attending Georgetown University School of Law. The
defendant Wolfe was to have informed Mr. Meisner that he worked
at the IRS. The two individuals were to have met on a number of
occasions. Then in mid-March 1976, after having drunk heavily at
a few different bars, Mr. Meisner was to have mentioned that he
had never been to the IRS, and Wolfe was to have offered to take
him on a tour of that building. The defendant Wolfe was to have
taken Mr. Meisner to the IRS, signed him in, and taken him on a
tour of the first floor. Inadvertently, according to the story,
they stumbled upon the identification room which had an open
door. They went in and as a lark decided to make identification
cards for themselves. The defendant Wolfe was to have made Mr.
Meisner an identification card and typed in the name "John
Foster" upon it. Mr. Meisner was then to have made an
identification card for the defendant Wolfe who had decided to
use the name "Thomas Blake". On a subsequent occasion, the
defendant Wolfe
and Mr. Meisner were to have met at a bar and after a few drinks
the defendant Wolfe asked Mr. Meisner to teach him how to do
legal research so that he might be able to obtain a better job.
Mr. Meisner agreed to do so if Wolfe would, as a return favor,
look up some information for him at the IRS for a paper which Mr.
Meisner was writing on section 501 ©(6) of the IRS Code (the
section dealing with exempt organizations). They decided that the
District of Columbia Bar Association Library in the United States
Courthouse in the District of Columbia was the most convenient
for them. Thus, on May 21, 28 and June 11, they went to the
Courthouse to use the D.C. Bar Association Library where Mr.
Meisner taught the defendant Wolfe legal research. While there,
they were directed by the cleaning personnel to the photocopying
machines within the United States Attorney's Office.
Specifically, they used those machines to photocopy cases in law
books and their own notes from those books. However, they had no
idea that they were within the United States Attorney's Office.
After the confrontation with the FBI agents, the defendant Wolfe
and Mr. Meisner were so upset that they forgot to set up a further
meeting. Since the defendant Wolfe did not know where Mr. Meisner
lived, he could not contact Mr. Meisner again, and therefore,
could not give the FBI his location.
After the defendants Weigand, Willardson, Wolfe and Mr. Meisner
had outlined the cover story, the defendant Weigand instructed
them to write out "mission orders" for the defend- ant Hermann in
the District of Columbia, write out the cover story, and drill
the defendant Wolfe on it. The defendant Weigand then left the
Holiday Inn Motel.
The defendant Wolfe called his office at the IRS in Washington,
D.C., to determine through a friend whether anyone, such as the
FBI, had made any inquiries regarding him. In the process, he
requested his friend to notify his supervisor that he would not
be at work the next day. 134/ After that phone call, the three
individuals prepared written "mission
orders" for the defendant Hermann/Cooper. Those orders required
Hermann/Cooper to: (1) keep in constant contact with the
defendant Wolfe; (2) locate an attorney for the defendant Wolfe
so that he could test the plausibility of the concocted story on
someone other than the FBI; and (3) supervise the defendant Wolfe
pending his arrest. They then wrote out the cover story, gave a
copy to the defendant Wolfe and drilled him on that story.
At approximately 7:00 p.m. Mr. Meisner checked out of his motel
room, and, together with the defendant Willardson, drove the
defendant Wolfe to the airport where Wolfe took a night flight to
Baltimore-Washington International Airport. Mr. Meisner stayed
that night at the defendant Willardson's home on Roxbury Drive in
Beverly Hills.
On June 15, 1976, in Washington, D.C., the defendants
Hermann/Cooper and Wolfe met, discussed the cover plan, story and
the attorney who was to be selected for Wolfe. The defendant
Wolfe then met with his attorney and presented him with the cover
story which had been prepared the previous day.
In Los Angeles, Mr. Meisner, who began to use the alias "Jeff
Murphy", moved to the defondant Weigand's house on Westmoreland
Street, near Wilshire Boulevard, where he stayed for the
remainder of the summer. The defendant Weigand directed Mr.
Meisner to prepare a complete report on his activities as
Assistant Guardian for Information in the District of Columbia
and on all pending activities there as required by Guardian's
Office procedures when an official leaves a post. For the next
few days, Mr. Meisner, working in the defendant Weigand's office,
prepared the report as directed. On June 18, 1976, that completed
report was typed by Mr. Meisner and presented to the defendant
Weigand. (Government Exhibit No. 108.) 135/ In his report, Mr.
Meisner explained how he had burglarized government offices,
including the manner in which he had forcibly opened doors, and
supervised covert operatives. He identified the current covert
operatives who were still operating and itemized what remained
for them to accomplish. He also described his duties as Assistant
Guardian for Information. Within a few days thereafter, the
defendant Willardson issued "mission orders" to Mr. Meisner which
had been approved by the defendants Weigand and Heldt. These
orders directed Mr. Meisner to go to Dallas, Texas, to attend the
American Medical Association Convention, and then to New York to
resolve a local Guardian's Office matter. Upon his return to Los
Angeles, on July 7, Mr. Meisner was appointed National Secretary
for the United States by Guardian World-Wide Jane Kember.
B. The Defendant Gerald Bennett Wolfe is Arrested in Washington
D.C. by the Federal Bureau of Investigation
On June 30, the defendant Wolfe was arrested in the main IRS
building by FBI Special Agent Christine Hansen. He was charged
with the use and possession of a forged official pass of tho
United States, in violation of 18 U.S. Code, Section 499,
and arraigned before United States Magistrate Henry H. Kennedy,
Jr. (U.S. Mag. No. 76-930 M (Cr)). On that same day, Assistant
Guardian for Information in the District of Columbia Richard
"Rick" Kimmel notified the defendant Hermann/Cooper of the
defendant Wolfe's arrest. The defendant Hermann/Cooper then
informed the defendant Weigand that at 2:30 p.m. Wolfe had been
arrested by the FBI, that he had been arraigned, and released on
his own recognizance pending a preliminary hearing. As a
condition of his release, the defendant Wolfe was to submit
handwriting exemplars to the FBI. (Government Exhibit No. 117.)
136/ The defendant Hermann/Cooper told the defendant Weigand that
all covert activities in the District of Columbia had been
ordered "shut down", that "sensitive material" had been moved to
another office, and that "Kelly" (another covert name for the
defendant Wolfe) "has been briefed to carry out his part". He
also told the defendant Weigand that all data on "Jeff" (Mr.
Meisner's alias at the time) had
been taken out of the organization. 137/ On July 1, the defendant
Weigand wrote a letter to Deputy Guardian for Information
World-Wide Mo Budlong informing him of the arrest of the
defendant Wolfe and the information brought to his attention the
previous day by the defendant Hermann/Cooper. (Government Exhibit
No. 118.) 138/
In a letter dated July 1, 1976, and entitled "Re: Mike and the
FSM", the defendant Mary Sue Hubbard stated to the
defendant Weigand that "[flrom an investigative point of view it
was really too easy for the opposition. All they had to do was to
trace the common enrty [sic] points of the log back for both Mike
and the FSM [Wolfe] until they arrived at the point where the FSM
used his correct ID card." She urged
with defendant Weigand to keep her informed of what has happened
to the FSM, the defendant Wolfe. (Government Exhibit No. 119 at
p. 2.) Handwriting expert James Miller is "positive" that the
signature on that document was written by the defendant Mary Sue
Hubbard. 139/ The defendant Weigand responded to the defendant
Hubbard's inquiry in two separate letters, both dated July 2,
1976. He informed her that the defendant Wolfe (Silver) was about
to submit his resignation to the IRS to avoid being suspended. He
also wrote that the prosecutor in the case had been told that
Wolfe had obtained his identifica- tion card as part of "[a] lark
gone sour". He added that an additional $800 would be needed to
"cover the balance of the retainer" of Wolfe's attorney.
(Government Exhibit No. 119 at
P. 3-4.) He also stated that the defendant Wolfe was "instructed
. . . [to] go nowhere near the org [Church of Scientology] and .
. . have no personal contact with the case officer [Kimmel]
either." He concluded that it was still possible that the
defendant Wolfe would be "given minimal punishment" and that the
matter would terminate without any connection to the Church of
Scientology. (Government Exhibit No. 119 at p. 1.) 140/ In the
other letter of 2 July 1976 regarding "Silver", the defendant
Weigand updated for Mr. Budlong the information regarding the
defendant Wolfe's arrest. (Government Exhibit No. 120.) That
coded letter was decoded by a cryptanalyst, Special Agent Arthur
Eberhardt. (Government Exhibit No. 213.) In the letter, the
defendant Weigand reiterated the information which he had given
on
that same date to the defendant Hubbard. 141/ On July 2, 1976,
the defendant Hermann/Cooper inquired of the defendant Weigand
whether the defendant Hubbard in her letter of July 1, 1976 "is
looking toward Silver [Wolfe] denying the use of the false ID
card and then it not being able to be proven that he had actually
used one." (Government Exhibit No. 121.) 142/ The defendant
Hermann/Cooper recommended that "we go ahead with the worked out
cover story".
C. The United States Case Against the Defendant Gerald Bennett
Wolfe is Referred to the Grand Jury, and an Arrest Warrant is
Issued for Michael Meisner.
On July 28, 1976, the defendant Wolfe appeared with his attorney,
Lawrence Speiser, Esquire, before United States Magistrate Henry
H. Kennedy, Jr. for a preliminary hearing. Following that
hearing, United States Magistrate Kennedy found that probable
cause existed, and ordered the case "bound over for the action of
the Grand Jury". A few days later, on August 5, 1976, Magistrate
Kennedy issued a sealed warrant for the arrest of Michael Meisner
for the use of a forged official pass of the United States, in
violation of 18 U.S. Code, Section 499. (U.S. Mag. No.
1101-76M(Cr)). In mid- August, CSG Assistant for Information
Jimmy Mulligan informed Mr. Meisner that the defendant Thomas had
overheard a conversation in Mr. Paul Figley's office at the
Department of Justice in which it was stated that a sealed arrest
warrant had been issued in the District of Columbia. On August
30l FBI Special Agents Joseph Jackson and John Pavlansky went
to the offices of the Church of Scientology at 2125 S Street,
N.W., in Washington, D.C., to attempt to locate Mr. Meisner. They
were met there by Assistant Guardian for Legal Bureau Kendrick
"Rick" Moxon. They explained to Mr. Moxon that
they were acting on behalf of the Office of the United States Attorney
for the District of Columbia and were attempting to locate Mr. Meisner
because an arrest warrant had been issued for him on August 5,
1976, charging him with forgery of United States Government
identification cards. They told Mr. Moxon that they wanted to
inform him and all others concerned of Mr. Meisner's status so
that they could notify him and help him "avoid putting himself in
a fugitive status". They warned Mr. Moxon that anyone who
aided Mr. Meisner in remaining a fugitive "would be guilty of a
criminal act under the harboring of criminals statute." Mr.
Moxon informed the agents that he did not know where Mr. Meisner
was. Mr. Moxon immediately notified his superior, Mary Rezzonico,
the Deputy Guardian for the Legal Bureau in the United States, and
appended to that letter the harboring of fugitives statute,
emphasizing that it provided for a penalty of 115 year sentence
and $2,000 maximum fine" (Government Exhibit No. 123.) 143/ D.
The Guardian's Office Harbors and Conceals Fugitive From Justice
Michael Meisner
On August 30, 1976, the same day that he received notification
that an arrest warrant had been issued for Mr. Meisner, the
defendant Weigand notified the defendant Mary Sue Hubbard that he
has "Just received word that Mike [Meisnerl had a warrant out for
his arrest." He added that "[tlhe plan at this time is to hide
Mike out. It appears that the safest place to do this is in
Europe somewhere." (Government Exhibit
No. 124.) 144/ The defendant Weigand added: My actions are as
follows:
1. Immediately remove M [Meisnerl from all GO connected spaces
and get him into a motel. 2. Further alter his appearance. 3. Get
with legal for legal opinion to include what the statue [sic] of
limitations is on this offence. 4. Work out how to obtain M the
neces- sary papers to get him out of the country. 5. Obtain the
papers. 6. Get him out of the country.
The defendant Mary Sue Hubbard responded to the defendant
Weigand's letter as follows: Wonder how they got a lead onto him?
On getting him abroad, unless you have good ID for him different
than his own, it might be dangerous. _He would better be "lost"
in some large city where it would be difficlut [sic] to find
him_.
What a shame. (Emphasis added.)
(Government Exhibit No. 124 at p. 2.) On September 2, the
defendant Weigand responded to the defendant Hubbard's inquiry
that he did not know how the FBI had connected "John M. Foster"
to Michael Meisner. He suggested, however, that they might have
been able to locate his former apartment house and have his
photograph identified by a tenant. 145/ On the evening of August
30, the defendant Weigand contacted Mr. Meisner and requested him
to come to his office, which had since been moved to a warehouse
in Glendale, California. In the presence of the defendant Hermann
and Assistant Guardian for Information in Clearwater, Florida,
Joe Lisa, he informed Mr. Meisner of the outstanding warrant for
his arrest, and instructed him to sever all outward connections
to the Guardian's Office. He told him that the defendant Hermann
would assist him in moving out of the Weigand residence into a
motel. He also removed him from the position of National
145/ Handwriting expert James Miller concludes that it is
"probable" that the signature "Dick" was written by the defendant
Weigand, and that the initials next to the title "DG US" on the
August 30 and September 2 letters were written by the defendant
Heldt. Mr. Meisner recognizes the signature of the defendant
Weigand and the initial of the defendant Heldt.
Secretary for the United States. Mr. Meisner was given funds for
the motel. With the defendant Hermann's assistance, Mr. Meisner
moved to the RegaLodge on 200 West Colorado Boulevard, in
Glendale, where he registered as "Jeff Burns". On September 1,
Mr. Meisner moved to the Bon Air Motel at 1727 North Western
Avenue in Los Angeles, where he stayed until September 8. He
registered there as "Jeff Marks." During that time, the defendant
Hermann/Cooper ordered Mr. Meisner to change his appearance.
(Government Exhibit No. 125.) 146/
In a letter dated 3 September 1976 the defendant Weigand notified
the defendant Hermann/Cooper that the defendant Heldt had issued
new orders relating to "Jeff Murphy" - Mr. Meisner's alias at the
time. (Government Exhibit No. 126.) 147/
The defendant Weigand suggested that Los Angeles was a better
place to hide Mr. Meisner since it was "a huge city and he can
get lost here very successfully," while still being close to the
Guardian's Office. He directed the defendant Hermann/ Cooper to
give this matter "top priority and lets [sic] get it done." 148/
On September 10, 1976, Mr. Meisner moved to the Westgate Hotel
located at 445 South Western Avenue in Los Angeles. At midnight,
as a result of new developments in the District of Columbia, Mr.
Meisner was moved by the defendants Willardson and Hermann/Cooper
to the Wilshire Dunes Motel at 4300 Wilshire Boulevard, also in
Los Angeles. He registered at both locations as "Jeff Marks", and
stayed at the latter until September 12. Mr. Meisner was then
moved by the defendant Hermann-Cooper to the Travelodge at 7370
Sunset Boulevard for one night. On September 13 and 14, he stayed
at the Sunset 8 Motel at 6516 Sunset Boulevard. Then, on
September 15, he
registered at the Burbank Hotel located in Burbank, California,
where he remained until early October. Mr. Meisner paid for all
of these hotels with Guardian's Office funds supplied to him by
the defendant Hermann/Cooper who was his immediate con-tact.
In a September 18, 1976 letter, the defendant Mary Sue Hubbard
informed the defendant Weigand that she had "at last gotten a
copy of the warrant" for the arrest of Mr. Meisner. She concluded
that there was "the need to establish an alibi for MM", The
defendant Weigand responded to the defendant Hubbard's letter on
22 September 1976 in which he expressed his belief that her plan
would "encounter difficulties" in view of the fact that the FBI
had the defendant Wolfe's and Mr. Meisner's handwriting on the
log books of the Courthouse. He stated his opinion that
establishing an alibi as she bad suggested, would "come down to
our word(s) against 2 FBI agents, cleaners and guards, plus
handwriting experts, ear experts and possibly fingerprint
experts."
He concluded that there were two options open: 1. Turn Mike in at
the most opportune time
(when we can get some better prediction of what will be done with
him and us, which as you wrote should follow the handling of
Silver.)
2. Not turn him over. Which means he hides or runs for 5 years at
least (that being the statute of limitations.). 149/
"The worst," he stated "from my viewpoint is that M would get 5
years in jail and a $2000 fine that being the maximum for the
action. Also, there would be attempts to get him to turn or
otherwise implicate us or others in various wrong doings." He
added that "[i]f the investigation continues I expect that more
data will be turned up linking us with M's and others [sic]
actions." He asked the defendant Hubbard to send him her views.
(Government Exhibit No. 127.) 150/
The defendant Hermann/Cooper and Mr. Meisner met for some two
hours on September 20, 1976. Mr Meisner told the defendant
Hermann/Cooper that he was absolutely opposed to leaving the
country. (See also Government Exhibit No. 128.) 151/ The
defendant Hermann/Cooper advised Mr. Meisner that, pursuant to a
Guardian's Office directive, a San Diego police lieutenant had
made an inquiry through the National Crime Information Center
(NCIC) computer to determine the specifics regarding the arrest
warrant which had been issued for Mr. Meisner on August 5. The
defendant Hermann/Cooper stated that the NCIC check revealed that
the Meisner warrant was for the forgery of government
identification cards. He told Mr. Meisner that the FBI had
contacted the police lieutenant to find out why he had made that
inquiry.
San Diego police lieutenant Warren Young, a member of the Church
of Scientology, told the FBI that he had made the NCIC check
because he had arrested Mr. Meisner for a pedestrian violation
the previous day in San Diego. In fact, Mr. Meisner had never
been to San Diego. In a handwritten letter dated 16 September
1976, the defendant Duke Snider stated to the defendant Weigand
that "[i]t looks as though AG SD [Assistant Guardian for San
Diego] has set C of S [Church of Scientology] up to be accused of
conspiring with this policeman to violate the law." He directed
the defendant Weigand to take the necessary steps to handle the
matter. (Government Exhibit No. 129A.) On the same day, the
defendant Weigand responded to the defendant Snider that, while
he did not know whether the policeman was "cool", he knew that
the police officer was a lieutenant who "is on SCN (Scientology]
lines". He observed that they "have laid a nice false lead for
the FBI which cant [sic] help but help us while dispersing their
investigation. This according to reliable sources is one thing
that can draw an investigation to a quik [sic] close.''
(Government Exhibit No. 129B.) The defendant Snider, in a handwritten
notation thanked the defendant Weigand and stated that he was "glad
to see it is under control". 152/
On September 28, 1976, Deputy Guardian for Information World-Wide
Mo Budlong, in a letter to the defendant Weigand "Re: Murphy
[Meisner]", stated:
The answer for this gentleman is to have him depart for some
whereabouts wherein he can obtain documents concerning his
ability 152/ See also Government Exhibit No. 129. Handwriting expert
James Miller is "positive" that all of the handwriting on the
Snider letter marked Government Exhibit No. 129A is in the
handwriting of the defendant Snider. He is "positive" that the
handwritten notation signed "Duke" on Government Exhibit No. 129B
is in defendant Snider's handwriting. He also concludes that the
handwritten notation signed "Love Cindy", as well as the initials
and date next to the "natl sec" entry on Government Exhibit No.
129, are positively in the handwriting of the defendant Raymond.
Government Exhibit No. 129 was also seized by Special Agent
Brunson from a file cabinet outside the defendant Raymond's
office at the Cedars Complex.
In fact, Special Agent Christine Hansen requested the FBI Field
Office in San Diego, California, to question police lieutenant
Warren Young, and follow the lead, given by him, that Mr. Meisner
was in that city. This false lead diverted the resources of the
FBI in the instant investigation to yet another city.
to drive but does not have to give details of his life history,
if you know what I mean, to obtain the documents.
Then he should find some out of the way large city where he can
rent himself a quiet place to do research or some such for an
article or a book or whatever.
He can then live and work there for some time undisturbed.
Once Silver has completed his cycle we will have some idea of
which way things are moving and we will be able to ascertain
Murphy's next move, but for the time being he should keep himself
fairly exclusive.
Silver should admit what he did but let his representative do his
talking for him and should not volunteer any further informa-
tion.
To achieve this of course Silver and his representative will have
to push for the big event to occur as soon as possible.
Once the Silver event is over we can reassess the whole cycle in
light of the data that comes up, which you will have to work out
some way of reporting to me.
_If any of the above is not clear, please ask immediately as I
don't want any confusions on what has to be done_. (Emphasis
added.)
(See Government Exhibit No. 131.) 153/
E. The Guardian's Office Gives the FBI and the Grand Jury False
Handwriting Exemplars.
In late September 1976, FBI Special Agent Hansen requested the
Church of Scientology in Washington, D.C., to supply the
government investigators with exemplars of Mr. Meisner's
handwriting. In Los Angeles, California, the defendant Raymond
met with Mr. Meisner to discuss what should be given to the FBI.
She informed Mr. Meisner that it had been decided to give false
exemplars to the FBI. In a letter dated September 30, 1976, to
the defendant Weigand, the defendant Mary Sue Hubbard stated that
she was aware that the FBI had requested Meisner handwriting
exemplars and that those would be compared to the log books of
the buildings which Mr. Meisner had entered. She, thus, requested
the defend-
ant Weigand to furnish her with a list of all the buildings which
Mr. Meisner had illegally entered. The defendant Hubbard stated
in that letter that she was, as of that date, fully aware of the
existence of an arrest warrant for Mr. Meisner. (Government
Exhibit No. 132.) 154/
In order to respond to the defendant Hubbard's inquiry the
defendant Raymond met with Mr. Meisner to obtain from him a list
of all the buildings he had illegally entered in the District of
Columbia and the details of those entries. She then relayed that
information to the defendant Weigand who responded to the
defendant Hubbard's request in a late October 1976 letter.
(Government Exhibit No. 132 at page 1.) In that letter, the
defendant Weigand informed the defend- ant Hubbard that the
buildings illegally entered by Mr. Meisner included the
Department of Justice, the Internal Revenue Service, the Office
of International Operations, as
well as a number of other private and Government build- ings.
155/ The defendant Weigand pointed out to the defendant Hubbard
that he was in the process of "working out a full cover that
would cover the log book sign-ins along the lines of they were
done to reveal the insecurity within the govern- ment for a
series of articles that M [Meisner] would be writing as exposes."
156/
Hubbard as well as memoranda from the defendant Hermann/Cooper to
the defendant Hubbard. Mr. Meisner states that the defendant
Hcrmann/Cooper's handwriting appear in the following locations:
the word "secret" at the top of page one, and the signature on
the last page. Government Exhibit No. 130 was seized by Special
Agent Brunson from a file cabinet outside the defendant Raymond's
offices.
On October 8, 1976, FBI Special Agent Hansen served upon
Assistant Guardian for the Legal Bureau in Washington, D.C.
Kendrick "Rick" Moxon a Grand Jury subpoena for
all original known handwriting exemplars of Michael Meisner and the
employment application and personnel records of Mr. Meisner in the
possession of the Church of Scientology. That subpoena was
returnable on October 14, 1976. Assistant Guardian for
Information in the District of Columbia Richard Kimmel
immediately notified the defendant Hermann/Cooper of the service
of that subpoena. The defendant Hermann/Cooper then notified the
defendants Heldt and Weigand in an October 9, 1976 memorandum.
(Government Exhibits Nos. 133 and 134 at p. 1.) 157/ In that same
memorandum, the defendant Hermann/ Cooper requested approval from
the defendants Heldt and Weigand for a mission by Randy Windment,
the real name of Bruce Raymond, the National Operations Officer
for the Information
Bureau in the United States. Mr. Windment/Raymond was to go to
the District of Columbia to check the security of the Guardian's
Office and the covert operatives who were still
functioning-namely the defendant Sharon Thomas (also known as
"Judy") and Ms. Nancy Douglass (also known as "Pitts").
Both the defendants Weigand and Heldt signed their approval of that
mission. (See Government Exhibit No. 134.) 158/
On October 14, 1976, District of Columbia Assistant Guardian for
the Legal Bureau Kendrick "Rick" Moxon, submitted
an affidavit with nine pages of handwritten material. In the
affidavit, he stated that he was unable to locate a personnel
file for Mr. Meisner, and that the nine pages of appended
handwriting were those of Mr. Meisner. However, as the defendant
Raymond stated to Mr. Meisner in a meeting in late September
1976, Mr. Moxon had been directed to supply the government with
fake handwriting samples in lieu of Mr. Meisner's true
handwriting exemplars.
F. The Guardian's Office
Refines its Cover-Up Plans In early October 1976, the defendant
Raymond decided that it would be best for Mr. Meisner to move
from his motel to an apartment, thereby reducing the expenses of
the Guardian's Office. Paul Poulon, the Collections Officer for
the Informa- tion Bureau, rented an apartment for Mr. Meisner at
444 South Burlington Street in Los Angeles, California, to which
Mr. Meisner moved on October 6. Mr. Meisner, at that time, was
spending most of his days at local libraries doing research
on the security of government buildings, in order to support one
of the cover-up stories, _viz._, that he had entered various
government buildings to do an expose on the lack of security. The
defendant Raymond and Mr. Meisner met approximately twice a week
to discuss the ongoing cover-up. Mr. Meisner requested of the
defendant Raymond that she set up a meeting between him and the
defendant Snider as soon as possible. Mr. Meisner had been
anxious to communicate his views regarding the cover-up in the
current District of Columbia situation with someone in a position
of higher authority. He thus selected the defendant Snider
because of his high position in the Guardian's office as well as
the fact that he had known him for a long time. Indeed, the
defendant Snider had recruited Mr. Meisner for the Information
Bureau of the Guardian's office. On October 28, the defendant
Snider and Establishment Officer Peeter Alvet met with Mr.
Meisner at the Burlington Street apartment. Mr. Meisner told the
defend- ant Snider that he was concerned about the length of time
that the cover-up operation was taking. The defendant Snider
cautioned Mr. Meisner that "we didn't want him doing something
too fast as we wanted to see what happened with Silver [Wolfe]
first, the threat of a Grand Jury." Government Exhibit No. 137,
is a letter dated 4 November 1976 in which the defendant Snider
wrote the defendant Heldt of the outcome of his meeting with Mr.
Meisner. 159/ In it, the defendant Snider stated that Mr. Meisner
"seemed to finally realize . . . that his actions would
ultimately seriously effect [sic] the church . . ." Mr. Meisner
had expressed concern for his wife and his parents as well as for
the fact that he was being kept almost totally uninformed of
Guardian's Office actions on the ongoing cover-up. The defendant
Snider' assured Mr. Meisner that he would be briefed on all
decisions taken by the Guardian's Office and that his views would
henceforth be considered. He assured Mr. Meisner that the
defendant Mary Sue Hubbard was concerned about the situation and
was fully
aware of it, and that anything Mr. Meisner wanted to express to
the defendant Hubbard would be sent directly to her. At the
conclusion of the meeting, the defendant Snider asked Mr. Meisner
to continue doing work for the Information Bureau. In his letter
to the defendant Heldt reporting on that meeting (Government
Exhibit No. 137), the defendant Snider concluded that Mr. Meisner
"_is not a traitor and will cooperate_" with the Guardian's
Office. (Emphasis added.)
Three days later, in a letter to defendant Weigand the defendant
Hubbard added yet another dimension to the cover-up plan. She
suggested that the following scenario be considered: Mr. Meisner
(whom she refers to by the letter "H" for the code name Herbert
which Mr. Meisner had assumed since going under- ground after the
issuance of his arrest warrant) was having marital trouble and
was jealous that his wife was being more productive than he.
Therefore, he took it upon himself to organize the burglaries of
government buildings and thefts of documents from those buildings
to prove that he too could produce for the Guardian's Office. She
instructed the defendant Weigand that "[i]f this seems
workable" then Mr. Meisner
should be ordered to work on the details of this aspect of that
plan. (Government Exhibit No. 135.) 160/ In response to an order
that he received from his "senior", the defendant Heldt directed
the defendant Willardson to contact the defend- ant Wolfe and
instruct him to "push his lawyer to get the scene handled."
(Government Exhibit No. 136.) 161/
On November 5, pursuant to the decision made during his meeting
with the defendant Snider, Mr. Meisner was moved by Mr. Paul
Poulan to a new apartment located at 840 South Serrano Street in
Los Angeles, California. Mr. Meisner
rented that apartment in the name of "Jeff Marks" with funds
provided him by Mr. Poulon. Mr. Meisner resided at that location
until the end of April 1977. On November 26, Mr. Meisner wrote a
lengthy letter to the defendant Mary Sue Hubbard explaining to
her the extent of his predicament. Government Exhibit No. 138.)
162/ In that letter, he expanded upon the various aspects which
she had proposed in her October 31 letter to the defendant
Weigand (Government Exhibit No. 135). Mr. Meisner told the
defendant Hubbard, that regardless of what cover story was
eventually used to handle the ever expanding Federal
investigations in the District of Columbia, it would be necessary
to explain where he had been living since June 11 when he was
confronted by the FBI in the United States Courthouse. He
explained that, in any event, the FBI would want to know how Mr.
Meisner was able to support himself during all the time that be
was in hiding. Thus, Mr. Meisner told the defendant Hubbard that
he and the defendant Raymond had already worked out a plan,
whereby Mr. Meisner would tell the FBI that he had been living
with a friend in Canada. Mr. Meisner wrote that Canada was
selected because the FBI had no authority to conduct
investigations there. However, he also stated that a cover would
have to be created in Canada. He concluded in a postscript that
"in my opinion, no matter what story we use, the longer we wait
to implement it, the less believeable it will be and the more
that the government will be inclined to believe that the Church
is behind it."
On November 30, the defendant Mitchell Hermann (a/k/a Mike
Cooper) wrote a briefing memorandum outlining step-by-step the
activities in which the defendant Wolfe (Silver) and Mr. Meisner
(Herbert/MM) had been involved in the District of Columbia, and
the cover story which had been prepared since their encounter
with the FBI. The defendant Hermann/Cooper explained that the
defendant Wolfe and Mr. Meisner had been involved, from 1974
through June 1976, in the burglaries of Government offices and
thefts of Government documents in
Washington, D.C. In the spring to summer of 1976, they had
directed their attention to the office of Assistant United States
Attorney Nathan Dodell in the United States Courthouse in
Washington, D.C. It was there, on June 11, 1976, that they were
confronted by the FBI. The defendant Hermann/Cooper stated that
on June 12, Mr. Meisner had come to Los Angeles, where over the
next few days a cover-up story and plan was prepared to contain
and terminate the FBI investigation. On June 30, the defendant
Wolfe was arrested by the FBI and subsequently gave the
previously prepared cover-up story to the FBI and the Office of
the United States Attorney for the District of Columbia. Then, on
July 28, the defendant Wolfe's case was referred to a grand jury
for investigation. On August 5, he pointed out, a sealed warrant
had been issued for Mr. Meisner. He concluded that "an overall
cover story for MM and Silver is being put together by Natl Sec
to submit uplines for final approval." That briefing memorandum
was sent on December 1, 1976, to the Deputy Guardian for Informa-
tion World-Wide, via the defendants Heldt and Weigand, with
a copy to the defendant Raymond. (Government Exhibit No. 139.)
163/ The defendant Raymond sent to the defendant
During this time Mr. Meisner was undergoing regular auditing
pursuant to the directive of the defendant Heldt. See Government
Exhibit No. 140. Handwriting expert James Miller concludes as
follows: "positive" that the word "handroute" at the top of page
one and the notation "cc: DDGUS . . . ." in the routing portion
also on page one were in the handwriting of the defendant
Raymond; "positive" that the handwritten notation in the upper
right-hand portion of page two, the 28 November 1976 letter from
the defendant Heldt, as well as the signature on that page were
written by the defendants Raymond and Heldt respectively;
"positive" that the notation to "Cindy" in the upper part of page
three was written by the defendant Heldt; "positive" that the
notation "(enemy formula)" at the bottom of page six was written
by the defendant Raymond; "positive" that the notation "CR: note
no folders . . . ." two-thirds down on the eleventh page was
written by the defendant Raymond; "positive" that the notations
in the left margin were written by the defendant Raymond;
"positive" that the handwritten routing on the reverse of page
seventeen and the notation at the top of page eighteen were
written by the defendant Raymond. Government Exhibit No. 140 was
seized by Special Agent Brunson from a file cabinet in Room 10 of
the Cedars Complex.
Weigand the cover-up plan and story intended to stall the FBI
investigation in the District of Columbia (Government Exhibit No.
141 at p. 2 et seq.) 164/ She stated that once the defendant
Wolfe's District of Columbia case was resolved, Mr. Meisner
(Herbert) would be surrendered by the Church of Scientology and
would give the agreed-upon cover-up story which she outlined.
That story conformed to the one prepared and approved by the
defendants Heldt, Snider, Weigand, and Willardson in mid-June,
and given to the defendant Wolfe. Appended to her letter was a
project for the containment of the investigation which was being
conducted by the FBI and United States Attorney's Office in the
District of Columbia.
The defendant Weigand simultaneously informed the defend-ant Mary
Sue Hubbard that the cover-up plan had been completed.
He explained that: As I see things now: 1. We turn Herbert in. 2.
He says he did it via an attorney who should check the accuracy
of the charge(s). 3. He says nothing more than guilty. 4. We
establish lines as possible to see if the govt continues its
investi- gation of us and if so we hit them with a full scale
attack using BI, PR and Legal.
5. We get the Herbert case super-vised closely by Legal and see
that he gets the best treatment possible.
And that does it. The key thing being Herbert [Meisner] does not
have to get into any cover with the Government . . . . The only
complication I can see is that they might try to hit Herb for
flight to avoid which needs to be worked out with Legal so that
the handling is effective.
(Government Exhibit No. 141.) The defendant Weigand sent the same
information to Deputy Guardian for Information World-
Wide Mo Budlong. (Government Exhibit No. 142.) 165/
G. The Federal Grand Jury Investigation in the District of
Columbia Continues
On December 15, 1976, the Grand Jury investigation continued
before a new Grand Jury of the United States District Court for
the District of Columbia with the appearance of Special Agent
Christine Hansen. 166/
In a briefing paper dated January 7, 1977, the defendant
Hermann/Cooper informed the defendant Heldt that the Commodore
Staff Guardian, defendant Mary Sue Hubbard, had "approved" a plan
identical to the one previously laid out by the
defendant Raymond on December 10, 1976. (Government Exhibit No.
143.) 167/ In that briefing paper the defendant Hermann/Cooper
outlined for the defendant Heldt the following events: the arrest
of the defendant Wolfe; the investigation which was being
conducted by the FBI and the United States Attorney's Office; the
cover-up story given by the defendant Wolfe; Principal Assistant
United States Attorney Carl S. Rauh's statement that he did not
believe that story; the assignment of the investigation to
Assistant United States Attorney Garey Stark of the Fraud
section; the statement by Wolfe's attorney "_that the case has
been prepared to go to the grand jury_" (emphasis added); and the
various attempts which were being made by the FBI to locate Mr.
Meisner in Washington,
D.C. He suggested that research should be conducted to determine
if a "guilty plea would then eliminate the grand jury." He also
stated that the defendant Wolfe had been directed not to give any
further information beyond the cover-up story prepared for him by
the Guardian's Office. (See Government Exhibit No. 143 at P. 5.)
On January 23, 1977, the defendant Hermann/Cooper notified the
defendants Heldt and Weigand that the defendant Wolfe had a
scheduled meeting with the United States Attorney's Office in
Washington, D.C. He suggested that that meeting be used to
present "further cover story to them as a possible means of
forstalling [sic] a possible grand jury." He added, however, that
the "furthr [sic] cover story needs to be elaborated." Thus, he
appended to his "CSW" the original story with the additions that
were prepared to "dovetail" with it. (Government Exhibit No.
144.) 168/ In handwritten
(footnote continued on next page.)
notations throughout the document, the defendant Raymond opposed
some of the changes in the cover-up story proposed by the
defendant Hermann/Cooper, In an appended report beginning at page
five of Government Exhibit No. 144, the defendant Hermann/Cooper
outlined the final proposed cover-up story which in fact was
given by the defendant Wolfe to the United States Attorney's
Office, the FBI, and later to the United States Grand Jury for
the District of Columbia. He included in that report the names of
restaurants and bars which had earlier been left unnamed. One
week later the defendant Hermann/Cooper reminded the Deputy
Guardian for Legal Affairs in the United States Mary
(footnote continued from preceding page.)
Rezzonico that "it is still planned to get Silver [Wolfe] out
here for briefing prior to the meeting" which Wolfe had scheduled
with the United States Attorney's Office. He expressed the
defendant Wolfe's concern that the United States Attorney's
Office would attempt to strike a deal with him to become a
government witness. (Government Exhibit No. 146.) 169/
During the months of February and March 1977 the cover- up
preparation by the Guardian's Office and Information Bureau
slowed considerably due to the failure of the defendant
Mitchell Hermann (a/k/a Mike Cooper) to complete the outstand-
ing aspects of the cover-up story, and because of the defendant
Wolfe's waiver of the rule requiring an indictment within
forty-five days of arrest. 170/ The defendant Raymond and Mr.
Meisner continued to elaborate upon various portions of that
cover-up story. The defendants Willardson and Raymond assigned
Mr. Meisner the task of preparing other covert operations and
projects. During this period, Mr. Meisner continued to be audited
three times a week.
Towards mid-March, however, Mr. Meisner became upset at the
lengthy delays and complained to the defendant Raymond, who
informed her superiors of Mr. Meisner's dissatisfaction. The
defendant Weigand notified Mr. Meisner that the defendant
Hermann/Cooper had been removed from the Information Bureau in
part for his failure to properly handle the cover-up, and was
assigned to the Services Bureau. He was replaced as
cover-up coordinator by the defendant Raymond. Simultaneously,
Brian Andrus was appointed to replace the defendant Hermann/
Cooper Southeast U.S. Secretary. 171/ Soon thereafter, Mr. Andrus
also became Mr. Meisner's case officer.
On March 27, 1977, the defendant Raymond sent a "CSW" to the
defendants Heldt and Weigand emphasizing the need for action in
regard to the defendant Wolfe's and Mr. Meisner's situation in
Washington, D.C. She pointed out that she had recently been
assigned the task of coordinating the cover-up and reminded them
that the Commodore Staff Guardian, the defendant Mary Sue Hubard,
and the Guardian's Office World-Wide had ordered the containment
of the grand jury investigation. (Government Exhibit No. 147.) 172/
(footnote continued on next page.) -
H. The Guardian's Office Cover-Up
Moves Into its Final Phase In late March, Mr. Meisner wrote to
the defendant Heldt requesting him to take a more active role in
the handling of the District of Columbia situation because the
delays were becoming intolerable. Mr. Meisner stated that he was
prepared to return to the District of Columbia and handle the
matter himself. Soon thereafter, the defendant Heldt became more
active in supervising the execution of the cover-up. To that end,
on April 1, 1977, the defendant Heldt told the
(footnote continued from preceding page.)
defendant Mary Sue Hubbard that Mr. Meisner was concerned about
the delays. He told her that he was now taking a more active role
in the handling of Mr. Meisner and that he was sending the
defendant Weigand to speak to Mr. Meisner "to cool him off".
(Government Exhibit No. 148.) (The appended handwritten letter
explains the coding contained in the typewritten one.) 173/ The
defendant Heldt then responded to Mr. Meisner's earlier letter,
stating that he was convinced that both the defendant Wolfe and
Mr. Meisner should enter guilty pleas in the District of
Columbia. He also told Mr. Meisner that Brian Andrus would keep
in constant contact with him and inform him of all new
developments and solicit his views on all future matters. Heldt
also promised Mr. Meisner that within six weeks the defendant
Wolfe would enter his guilty plea and pave the way for Mr.
Meisner's surrender to Federal authorities in Washington, D.C.
Mr. Andrus handed that letter
to Mr. Meisner.
On April 6, in a letter to the defendant Heldt, Mr. Meisner
reviewed the issues which were of concern to him. He complained
that "the data I had been given was false, incorrect,
misinformed, etc., and I caved in." He expressed relief that the
defendant Heldt was now in control of the Situation. (Government
Exhibit No. 149.) 174/ Mr. Meisner also wrote to the defendant
Weigand on April 7, 1977, suggesting that, since the defendant
Heldt had indicated that Mr. Meisner would shortly be
surrendering in Washington, an attorney should be chosen to
handle his case. He also recommended that an "FSM" be placed in
the appropriate govern- ment agency to obtain information
regarding anticipated action by federal authorities. 175/
(footnote continued on next page.)
Mr. Andrus and United States. Deputy Guardian for Legal Bureau
Mary Rezzonico gave the defendant Heldt's letter to Mr. Meisner
during a meeting they had at his apartment. At that meeting, Mr.
Meisner told Mr. Andrus and Ms. Rezzonico that he did not believe
it was necessary to enter a guilty plea. He preferred to return
to the District of Columbia, surrender to the authorities, and go
to trial putting the government to its burden as required by law.
Mr. Meisner felt that in this manner he could challenge FBI Agent
Hansen's
(footnote from preceding page.)
identification of him as one of the two persons she had
confronted in the United States Courthouse in the District of
Columbia. (See also Government Exhibit No. 151.) 176/ In a
briefing memorandum dated April 15, Mr. Andrus stated that Mr.
Meisner had thanked him for being willing to listen to his point
of view. Mr. Andrus concluded that Mr. Meisner was now once again
in the fold. A few days thereafter, the defendant Wolfe arrived
in Los Angeles, California, where he was briefed on various
aspects of the cover-up story by Mr. Andrus, Ms. Rezzonico, and
Paul Pflueger, a Legal Bureau official. Mr. Andrus informed Mr.
Meisner of the defendant Wolfe's presence and of the briefing
sessions.
On April 20, 1977, Guardian World-Wide Jane Kember criticized the
defendant Heldt for his "sloppy reporting and poor co-ordination"
of the Wolfe/Meisner District of Columbia situation. She
formulated the following "strategy", whereby
the defendant Wolfe would request an immediate meeting with the
United States Attorney's Office, admit his guilt stating the
cover-up story, waive his right to a Grand Jury indictment plead
guilty, and would be "sentenced lightly" as a first offender.
Meisner would then surrender and also enter a guilty plea based
on the cover-up story, giving "an informal story on where he had
been for the last 7 months", and also receive a suspended
sentence. If the United States Attorney's Office were to insist
on continuing with its Grand Jury investigation, then Wolfe would
be directed to "refuse to testify". Ms. Kember also demanded an
explanation for the long delay in resolving the Wolfe case.
(Government Exhibit No. .152.) 177/
At the same time, the Commodore Staff Guardian, defendant Mary
Sue Hubbard, directed the defendant Heldt to begin creating a
Canadian cover to explain Mr. Meisner's fugitive
status without connecting Mr. Meisner to the Church of Scien-
tology. The defendant Heldt immediately informed Mr. Andrus of
the defendant Hubbard's order and charged him with the task of
putting it into effect. (See Government Exhibit No. 153.) 178/
I. The Guardian's Office Retrains and Guards Michael Meisner
On April 27, Mr. Andrus, following a meeting with Mr. Meisner,
notified the defendant Weigand that Mr. Meisner was so concerned
about the slowness of the Guardian's Offices actions that Mr.
Meisner intended on "leaving for either Canada or DC Saturday."
(Government Exhibit No. 154.) .179/
On April 28, Mr. Andrus spoke to the defendant Wolfe and was
informed that it was impossible to withdraw the waiver of the
rule requiring an indictment within 45 days of arrest.
(Government Exhibit No. 155.) That exhibit was also seized by
Special Agent Stovil from the defendant Heldt's desk.
On April 28, Ms. Rezzonico and Mr. Andrus, together with Jim
Fiducia, Mr. Meisner's auditor, visited Mr. Meisner at his
Serrano Street apartment in order to convince him that it was not
in his best interest to leave Los Angeles and return to the
District of Columbia on his own. Mr. Meisner, however, was
adamant that he would leave by April 30 unless he received
assurances that the Wolfe situation in the District of Columbia
would be resolved promptly. In a 29 April letter to the defendant
Heldt summarizing the April 28 meeting, Ms. Rezonico stated her
conclusion, based upon additional conver- sations with the
defendants Raymond and Weigand, that there were reasons for
concern about Mr. Meisner's situation. She also stated that she
had been notified by the Assistant Guardian for the Legal bureau
in the District of Columbia, Kendrick "Rick" Moxon,
that the defendant Wolfe's attorney had reported that the United States
Attorney's Office "had made 'noises' about the Grand Jury."
(Government Exhibit No. 156.) 180/ That same day, the defendant
lieldt informed
the defendant Mary Sue Hubbard that "Herb [Meisner] is threat-
ening to return to DC and handle the scene as he sees fit if the
waiver is not withdrawn this week." He told her that he was
ordering the Information Bureau to "arrange to restrain Herb and
prevent him from leaving, and to guard him so that he does not do
so." (Government Exhibit No. 157.) 181/ The defendant Heldt then
directed the defendant Weigand and Ms. Rezzonico that "Herb is to
be restrained and guarded. He is not to be permitted to leave."
He further directed that the Canadian cover be set up within ten
days even if it required trips to Canada, and that the Legal
Bureau should assume much closer supervision and control over the
defendant Wolfe and direct him to conclude his case in the
District of Columbia promptly. (See Government Exhibit No. 158.)
182/
Mr. James Miller, the handwriting expert, positively concluded
that the letter was handwritten by the defendant Heldt.
Or. April 29, Mr. Andrus met with Mr. Meisner at Mr. Meisner's
South Serrano Street apartment and informed him that from that
day on he would be placed under guard. (Government Exhibit No.
159 at p. 4 et seq.) Mr. Meisner told Andrus that he would not
accept the presence of guards. Mr. Meisner, also made it clear
that if he were charged as a fugitive he would not enter a guilty
plea. He complained that his whole situation had been mishandled
by the Guardian's Office and had resulted in his becoming a
fugitive. He demanded that the defendant Heldt explain to him
what action was being taken regarding his case. At the end, of
that meeting Mr. Andrus placed the guards outside Mr. Meisner's
apartment. (See 29 April letter to the defendant Weigand.) That
same day, the defendant Heldt reported to the defendant Marthe
defendant Weigand to keep her inf under guard and that Mr.
Meisner had "reacted violently to the arrival of persons to
insure he did not blow." He added that he had directed the
Information Bureau to locate "a more isolated" apartment where
Mr. Meisner could be kept under the watch of "some trustworthy .
. . Body Guards". He also stated that he was sending the
defendants Weigand and Willardson to see Mr. Meisner, and "get
control" over him. (Government Exhibit No. 159.) According to
handwriting expert James Miller that letter was written in its
entirety by the defendant Heldt. 183/
Pursuant to the defendant Heldt's directive, the defend-ants
Weigand and Willardson together with Southeast U.S. Secretary
Brian Andrus and three guards, visited Mr. Meisner at
approximately 2:15 a.m. on April 30. The defendant Weigand warned
Mr. Meisner that he would no longer be permitted to make "demands
and threats on the Church," and "that he was to start becoming a
decent, cooperative, contributing part of the venture and nothing
else was to be tolerated." With the guards' assistance, the
defendant Willardson searched
Mr. Meisner's apartment and personal property and removed any
evidence connecting Mr. Meisner to the Church of Scien- tology.
At approximately 6:30 a.m., the meeting concluded "with the
guards in charge." 184/ On May 3, 1977, the defendant Weigand
forwarded this report to Deputy Guardian for Information
World-Wide Mo Budlong. Copies were sent to "DG US", the defendant
Heldt, and "CSG", the defendant Hubbard. On May 1, Mr. Andrus
gave Mr. Meisner a handwritten dispatch from the defendant Mary
Sue Hubbard which explained to Mr. Meisner that she was aware
that he had been placed under guard, and that it was being done
for his own good and the good of Scientology. She promised Mr.
Meisner that if he followed orders, the guards would be
eventually removed. 185/
On May 1, at approximately 6 p.m., Brian Andrus, Peeter Alvet,
Information Bureau official Chuck Reese and two bodyguards
visited Mr. Meisner and told him that he was to be moved to
another apartment. Mr. Meisner refused to leave, threatening to
cause a commotion if forced to do so. The two guards handcuffed
him behind his back, gagged him and dragged him out of the
building. Outside, they forced him onto the back floor of a
waiting car. In the car one of the guards held Mr. Meisner down
with his feet. Mr. Meisner was taken to an apartment which he
later learned was located at 3219 Descanso Drive, in Los Angeles,
California. After Messrs. Andrus and Alvet left, three guards
remained in the apartment with Mr. Meisner. 186/ On Monday, May
2, the defendant Heldt approved the defendant Raymond's funds
requests for Mr.
Meisner's guards. (See Government Exhibit No. 163.) 187/ During
the ensuing three weeks, Mr. Meisner, continued to be guarded and
prevented from leaving his apartment. By May
Government Exhibit No. 163 was seized by Special Agent Hillman
from the defendant Rayinond's office at the Cedars Complex.
It was inventoried and initialed by Special Agent Gonzalez.
An additional request for funding for Mr. Meisner's
guards was made by Acting Collections Officer Jim Douglass to the
defendant Heldt on May 13, 1977. (Government Exhibit No. 166.)
That request included money for food, gas, and a battery that was
stolen from one of the guard's jeeps. Govern- ment Exhibit No.
166 was seized by Special Agent Hillman from Room 15 at the
Cedars Complex. It was initialed by Special Agent Gonzales.
5, Mr. Meisner determined that it was in his best interest to
cooperate with his captors. He corresponded with the defendant
Heldt in an attempt to resolve his predicament and to have the
guards removed. 188/ He also accepted auditing. 189/
On May 13, 1977, the defendant Wolfe entered a plea of guilty to
a one-count information charging him with the wrongful use of a
Government seal, in violation of 18 U.S. Code, Section 1017,
before United States District Judge
Thomas A. Flannery in Washington, D.C. The defendant Wolfe's plea
specifically involved the June 11, 1976 entrance into the United
States Courthouse in that city and his use of the IRS
identification card bearing the name "Thomas Blake". A few days
thereafter, Mr. Meisner was informed of this new development by
Mr. Andrus. By the third week of May, in part due to Mr.
Meisner's cooperation, his watch was relaxed and his guards began
to take him out of the apartment. 190/ At that time, Brian Andrus
showed Mr.Meisner a program
written by DG I WW Mo Budlong which approved the final plan for
handling the cover-up. Mr. Andrus told Mr. Meisner that Mr.
Budlong had decided that Mr. Meisner could not surrender to the
FBI in Washington, D.C. until the IRS had granted the Church of
Scientology of California's request for tax exempt status.
J. Michael Meisner's First Escape from his Guards
By the end of May, Mr. Meisner was guarded by just one person. On
May 29, while he was out with his guard, John Matoon, Mr. Meisner
escaped by jumping into a taxicab. He went to the Greyhound Bus
Station, and took a bus to Las Vegas. Mr. Meisner did not have
much money, but having been there previously he knew a motel
which he could afford. He escaped from his guard because he
wanted time to think about his predicament and to determine an
appropriate course of action. At that time, Mr. Meisner was still
committed to Scientology, and did not want to leave the
organization precipitously.
On May 30, Mr. Meisner telephoned the defendant Raymond in Los
Angeles and requested to speak to either Mr. Brian Andrus or Mr.
Jim Douglass. Since Mr. Andrus was unavail- able, Mr. Douglass
spoke to Mr. Meisner. Mr. Meisner refused to state where he was
staying in Las Vegas until he first spoke to defendant Heldt.
Therefore, a telephone call was scheduled for 8:30 that evening.
The defendant Heldt pleaded with Meisner to return to Los Angeles
and the Guardian's Office of the Church of Scientology. 191/
While Mr. Meisner
That same day, the defendant Raymond sent Ms. Mary Rezzonico (DG
L US) a letterrequesting her to brief the thirteen people who had
had contact with Mr. Meisner and who knew he had been harbored by
Scientology. ( See Government Exhibit No. 169.) Both documents
were seized by Special Agent Williams from a desk in Room 15 in
the Information Bureau in the Cedars Complex. They were
inventoried and initialed by Special Agent Mislock. Handwriting
Expert James Miller positively identifies the handwriting on
pages three and five of Government Exhibit No. 168 as having been
written by the defendant Raymond.
initially refused, he did agree to meet with Douglass the next
day in Las Vegas.
On May 31, Mr.Meisner met with Mr. Douglass at a prearranged
crowded location. They discussed Mr. Meisner's concerns, and Mr.
Douglass urged Mr. Meisner to return with him. Mr. Meisner
refused. By the next morning the Guardian's Office had learned
where he had been staying, and he was confronted by information
Bureau official Chuck Reese, who insisted that Mr. Meisner return
with him to Los Angeles. Mr. Reese represented to Mr. Meisner
that the defendant Weigand had been removed from his position as
Deputy Guardian for Information in the United States, and had
been temporarily replaced by Brian Andrus, who had been Mr.
Meisner's case officer. Mr. Miesner first spoke to the defendant
Heldt who promised to meet with him that evening if he returned
to Los Angeles. Mr. Meisner, still troubled and confused, agreed,
nonetheless, to return to Los Angeles
That same night, Mr. Meisner and the defendant Heldt met at
Canter's Restaurant in Los Angeles. The defendant Heldt
assured Mr. Meisner that he understood Mr. Meisner's feelings. He
told him that both L. Ron Hubbard and the defendant Mary Sue
Hubbard were working on his case and would do everything to help
him. He explained that while Mr. Meisner would have to continue
to be guarded, he should consider his guards his friends and not
his enemies. Mr. Meisner agreed to remain with the Guardian's
Office. He was driven to his Descanso Drive apartment by the
defendant Heldt and Mr. Reese. When he arrived, Mr. Meisner was
met by Mr. Douglass who had been waiting to guard him. Mr.
Meisner describes the then- existing situation as an "armed
truce".
In the meantime, Brian Andrus, on May 31, had ordered the
defendant Raymond to find a "secured" place for Meisner to stay
if and when he returned from Las Vegas. He suggested "a place
where he could be locked in a room that has no or a very small
window" and where he would have "no outside contact". (Government
Exhibit No. 170.) 192/ On June 1,
Mr. Meisner was moved by his guards to in apartment located at
327 South Verdugo in Glendale, California. During the entire
month be continued to be guarded by at least one person.
K. The Defendant Wolfe's Sentencing and Subsequent Testimony
Before the Grand Jury in the District of Columbia.
On June 10, the defendant Wolfe was sentenced by United States
District Judge Thomas A. Flannery to a term of probation, and was
required to perform one hundred hours of community service.
Inasmuch as he resided in Minnesota, the case was transferred
both for probation supervision and jurisdiction to that state.
Immediately following his sentencing, the defendant Wolfe was
served with a subpoena to appear that same afternoon before the
United State Grand Jury for the District of Columbia which had
been investigating the entries into the United States Courthouse
there.
At approximately 1 p.m., the defendant Wolfe appeared before the
October 1976 Grand Jury of the United States
District Court for the District of Columbia. 193/ He was
represented by attorney, David Schmidt, Esquire. The defend- ant
Wolfe was sworn by Grand Jury Foreperson Mildred Chaplin. The
record was transcribed by an official Grand Jury reporter, Ms.
Judith Bracegirdle Warner, who states that Government Exhibit No.
215 is the complete testimony given by the defendant Wolfe on
that day.
At the time of the defendant Wolfe's appearance, the Grand Jury
was conducting an investigation to determine whether violations
of statutes of the United States and the District of Columbia had
been committed in the District of Columbia. The Grand Jury was
attempting to identify the individuals who had committed, caused
the commision of, and conspired to commit such violations. lt was
material to its investigation for it to determine the reasons for
the presence of the defendant Wolfe and one "John M. Foster" in
the United
States Courthouse in the District of Columbia on May 21, 28 and
June 11, 1976. The Grand Jury was seeking the reasons for the
defendant Wolfe's use on May 28 of an identification card bearing
the last name "Haake", and his use on June 11, 1976, of
counterfeit IRS credentials bearing the name of "Thomas J.
Blake". It was also material for the Grand Jury to determine
whether, while in the United States Courthouse, the defendant
Wolfe and the individual using the name "Foster" had entered the
office of any Assistant United States Attorney for the District
of Columbia, and, if so, whether they had unlawfully taken any
documents or files located therein. Moreover, the Grand Jury
wanted to learn whether the defendant Wolfe and "Mr. Foster" had
photocopied any documents which were the property of the Office
of United States Attorney for the District of Columbia, and the
United States of America, on photocopying machines within that
office. The Grand Jury sought to learn from the defendant Wolfe
the true identity of the individual who had entered the
Courthouse with him and used the name "John M. Foster". It also
was inquiring into
the manner in which the defendant Wolfe and "Mr. Foster" had
obtained the counterfeit and forged IRS credentials which they
had used to enter the Courthouse. Finally, the Grand Jury was
attempting to determine whether any other individual in the
District of Columbia or elsewhere had conspired with, aided and
abetted, or caused the defendant Wolfe to obtain his counterfeit
IRS credentials, or assisted him in entering the United States
Courthouse for the District of Columbia.
During his testimony under oath before the federal Grand Jury,
the defendant Wolfe knowingly made the following false
declarations regarding the above-mentioned material matters which
the grand jury was investigating:
Statement No. 1
Q. When did you first come to know that D.C. Bar Association had
a library on the third floor of this building?
A. I don't remenber exactly the date.
Q. Why did you want to come to this library.
A. _To study._
Q. To study what?
A. _To learn how to do legal research._
Q. Why did you want to learn to do legal research?
A. Well, I was planning on going back to Minneapolis to complete
or further my studies in music and I thought that in addition to
clerical skills that I had that if I could learn to do some legal
research that I could perhaps get a better paying, more
interesting job to help pay for my school.
Q. Where would you find that job?
A. In Minneapolis, I presume.
Q. Who would hire you in Minneapolis?
A. I don't know. A law firm, perhaps.
Q. Did you embark on this program to learn how to do legal
research with the idea in mind of presenting yourself to a
Minneapolis law firm and saying, "I can do legal research for
you"?
A. Yeah I think so.
Q. You don't know?
A. That's what I had in mind.
Q. How did you propose to learn to do legal research in the D.C.
Bar library?
A. _Someone was going to teach me._
Q. Who was that someone?
A. John Foster. (Govertiment Exhibit No. 215 at 15-16, 17-18)
194/
Statement No. 2
Q. Now, the first night that you were here in the courthouse, did
you xerox anything?
A. I don't think so, but I don't recall exactly, you know, which
night.
Q. How long were you here on that first occasion?
A. I don't remember how long exactly.
Q. Approximately.
A. I don't know. Guessing, I'd say maybe an hour.
Q. Did you go anywhere else but the library that night?
A. I don't know. I do know that one or more of the times here I
did go to the men's room. Now, whether it was the first night or
not that I couldn't recall exactly.
Q. Did you have to leave the library to go to the men's room?
A. Yes.
Q. Apart from going to the men's room, did you go anywhere else
in the Courthouse that night?
A. _ I don't think so._
Q. From the first to the third floor library and back onto the
first floor, and out?
A. Right. (Government Exhibit No. 215 at 173, 174.)
Statement No. 3
Q. Do you recall ever doing any xeroxing on the third floor of
this building on any of the three occasions?
A Yes.
Q. What did you xerox?
A. _Case histories._
Q. Case histories? What's a case history?
A. Well, a case out of a law book which contains cases.
Q. Did you bring the books from the library to the xerox
machines?
A. Myself, _yes,_ some of then.
Q. Did Mr. Foster carry books?
A. _Yes._
Q. How many did you carry?
A. Approximately five.
Q. And how many did he carry?
A. Approximately the same.
Q. Were they the same type of books?
A. You mean the same as mine? Yes, I think so.
Q. And how long did you use the xerox machine?
A. Approximately fifteen minutes to a half hour.
Q. No longer than half an hour?
A. I don't think so.
Q. And what did you do when you left?
A. _Brought the books back, to the library and just left._
(Government Exhibit No. 215 at 179-180, 184-185)
Statement No. 4
MR. STARK: Let me inform you, however, that the grand jury and
the U.S. Attorney's Office have a joint resnonsibility to
investigate criminality that occurs within the District of
Columbia.
Now, you may have made your plea of guilty in this case and have
been sentenced today but Mr. Foster has not. Now, we are
investigating Mr. Foster's involvement in this and there may come
a time when Mr. Foster is sitting either in that chair or in the
defendant's chair before a petit jury.
And your version of what happened on these three occaisions will
aid this grand jury in it's determination of what if anything to
charge Mr. Foster with. Do you understand that?
Q. Now, did you know Mr. Foster by any other name?
A. _No. I didn't._
Q. You only knew him by John Foster?
A. _Right._ ( Government Exhibit No. 215 at 200-201.) 195/
The defendant Wolfe knew that the testimony he was giving to the
Grand Jury of the United States District Court for the District
of Columbia on June 11, 1977, was false in all material respects.
He knew that the individual who had entered the Courthouse with
him using the nane "John M. Foster" was in fact Michael Meisner,
who at the time of the entries was the Assistant Guardian for
Information in the Disrict of Columbia, He knew Mr. Meisner's
address and telephone number in Arlington, Virginia, asi well as
Mr. Meisner's telephone number at the Church of Scientology
offices at 2125 S Street, N.W., in
Washington, D.C. The defendant Wolfe had attained enployment at
the Internal Revenue Service knowing that he was a covert
operative for the Guardian's Office of the Church of Scien-
tology, and that his purpose for being at the IRS was to have
access to Government documents in order to steal them for the
Guardian's Office. He was aware that the counterfeit IRS
credentials had been used by himself and Mr. Meisner to make
illegal entries into various Government buildings for the purpose
of burglarizing offices and stealing documnets and photocopies
thereof located therein. He and Mr. Meisner had entered the
United States Courthouse on May 21, 28 and June 11, 1976, for the
purpose of burglarizing the Office Of Assistant United States
Attorney Nathan Dodell and stealing documents from that office.
ndeed, they had accomplished that task on May 21 and 28, 1976.
The deferndant Wolfe also was fully aware that he and Mr. Meisner
had not gone into the United States Courthouse to use the Library
of the Bar Association of the District of Columbia to do legal
research, and that Mr. Meisner was not to teach him to do any
legal research.
he knew that they did not, at any time, photocopy law books or
cases contained in law books which were taken from the library
but had, in fact, photocopied, with United States Government
equipment and supplies, United States Government documents taken
from Mr. Dodell's office. The defendant Wolfe further knew that
the burglaries of, and thefts of documents from, the office of
Assistant United States Attorney Dodell were pursuant to Guardian
Program Order 158. Mr. Meisner had fully briefed him on that
Guardian's Program Order, as well as the orders which he had
received from his superiors in Los Angeles, California, including
the defendants Heldt, Weigand, Willardson, Snider, Raymond,
Hermann, and Hubbard. The defendant Wolfe participated in the
preperaton of the cover-up story in Los Angeles, California, on
June 14, 1976, together with the defendants Willardson, Weigand
and Mr. Meisner. He was repeatedly briefed by Guardian's Office
officials both in the District of Columbia and in Los Angeles
regarding the cover-up story and his contrived statements to the
United States Attorney Office for the District of
Columbia, Federal Bureau of Investigation, and the Grand Jury of
the United States District Court for the District of Columbia.
Indeed, when the defendant Wolfe appeared before the Grand Jury
on June 10, 1977, he was under specific orders from the
Guardian's Office of the Church of Scientology, including, at one
time or another, the defendants Hubbard, Heldt, Snider, Weigand,
Willardson, Raymond and Hermann, to make false material
declarations to that Grand Jury for the purpose of derailing the
Grand Jury investigation and prevent- ing that Grand Jury from
discovering the actual facts about the involvement of the
above-named defendants, the Guardian's Office of the Church of
Scientology in the United States and at World-Wide, and Mr.
Meisner. All of the defendant Wolfe's testimony before the Grand
Jury of the United States District Court in the District of
Columbia, on June, 10, 1977, including the statements quoted
above and at counts 25 through 28 of the indictment, conformed in
detail to the cover-up plan and story prepared by the defendant
Wolfe, the above-named defend- ants and Mr. Meisner. All the
false declarations made by the
defendant Wolfe were material to the Investigation being
conducted by the October 1976 Grand Jury of the United States
District Court of the District of Colunbia with the assistance of
the Office of the United States Attorney for the District of
Columbia.
L. The Defendant Wolfe is Debriefed by the Guardian's Office
After his Grand Jury appearance.
Immediately following his Grand Jury appearance the defendant
Wolfe went to the office of the Church of Scientology at 2125 S
Street, N.W., in Washington, D.C. where he was debriefed by
Guardian's Office officials. The next day on June 12, a
transcript of that debrief was sent to the Guardian's Office in
Los Angeles, California, and excerpted by legal Bureau official
Paul Klopper in a memorandum to his superior, Deputy Guardian for
the Legal Bureau Mary Rezzonico. That memorandum, entitled
"Silver Hearing and Grand Jury" summarizes the sentencing
proceedings before Judge Flannery and the testimony or the
defendant Wolfe. (Government Exhibit
No. 173.) 196/ According to the routing on the June 12 letter,
copies of that letter and debrief were sent to the "CSG",
defendant Mary Sue Hubbard, the "DG US", defendant Henning Heldt,
the "DGI US" Brian Andrus and the Guardian World-Wide Jane
Kember. 197-/ Pursuant to the order of the defendant Heldt
(Government Exhibit No. 171) 198/ Ms. Rezzonico and Mr. Andrus
gave Mr. Meisner the debrief contained in Government Exhibit No.
173 to read so that he could start adjusting his cover-up story
to that given by the defendant Wolfe in the Grand Jury. Mr.
Meisner read the defendant Wolfe's Grand Jury debrief at his
appartment on South Verdugo. 199/ In his directive to Ms.
Rozzonico and Mr. Andrus,
the defendant Heldt also ordered them to research any possible
fugitive charge against Mr. Meisner and to increase security.
200/ On June 16, Mr. Andrus informed Ms. Rezzonico that "Herb
[Meisner] was given the news. His reaction was mild pleasure. He
uplifted his eyebrows and said something like 'not bad'. He
learned the news by reading the hearing debrief." (Govern- ment
Exhibit No. 172.) 201/
According to Mr. Andrus, Mr. Meisner complained that "he didn't
feel that anyone was concerned or really looking out for his own
wellfare." Mr. Andrus assured him that he would keep him informed
of all new developments and would see him again soon.
On June l3, the defendant Heldt and Mr. Andrus visited Mr.
Meisner in order to show him a handwritten letter from
the defendant Mary Sue Hubbard. The defendant Heldt read to him
that letter in which the defendant Hubbard warned Mr. Meisner
that if he escaped from his guards again he would be on his own.
On June 17, Mr. Andrus met once again with Mr. Meisner. He
discussed with him the potential legal defenses prpared by the
Legal Bureau, and left the meeting feeling that "Herb was again
in better shape communication and duplication wise.
In Government Exhibit No. 174, Mr. Andrus informed the Temporary
Deputy Guardian for Information in the United States of the
meeting, which he had with Mr. Meisner. 202/
M. Michael Meisner Surrenders to the Federal Bureau of
Investigation
By mid-June, Mr. Meisner had decided that if the watch over him
were ever relaxed, he would immediately leave the
Guardian's Office, surrender to the Federal authorities, plead
guilty, and cooperate in the ongoing investigation. Thus, he
feigned cooperation with his captors and his superiors in the
Guardian's Office in the hope that eventually his guards might be
removed. As a reward for this cooperation, Mr. Meisner's watch
was relaxed. In fact, beginning on the evening of Friday, June
17, he was no longer guarded at night. His guards would leave his
apartment at night and return at 9 a.m. the next morning.
On Monday, June 20 at 6 a.m. Mr. Meisner, taking a few clothes
with him, left his apartment on South Verdugo in Glendale,
California, for the purpose of surrendering to Federal
Authorities. In order to elude any potential follower, Mr.
Meisner took two buses to a bowling alley, from which he placed a
collect call to Assistant United States Attorney Garey Stark in
Washington D.C. Mr. Meisner identi- fied himself to the operator
as "Gerald Wolfe" because he feared that the Guardian's Office of
the Church of Scientology might have placed a covert operative in
the United States Attorney's Office. When Mr. Stark answered the
telephone
Mr. Meisner identified by his real name, informed Mr. Stark that
he was ready to surrender, plead guilty for his participation in
the criminal activities of the Guardian's Office, and cooperate
with the United States. Mr. Stark directed him to stay at the
bowling alley and wait for Federal Bureau of Investigation
agents. Approximately two hours later, three agents of the FBI
met Mr. Meisner at the bowling alley. Mr. Meisner surrendered to
the agents and was taken by them to Los Angeles airport, where he
was placed on an airplane to the Baltimore-Washington
International Airport Upon his arrival in Baltimore, he was met
by FBI Special Agents Robert S. Tittle and James S. Kramarsic. He
was kept that night in a motel and taken the next morning, June
21, to the office of Assistant United States Attorney Garey
G. Stark. At the insistence of the Assistant United States
Attorney assigned to the investigation, Mr. Meisner conferred
with an attorney appointed to him by United States Magistrate
Henry H. Kennedy, Jr. After conferring with his court- appointed
attorney, Mr.Meisner agreed to enter a plea of
guilty to a five-year conspiracy felony pursuant to 18 U.S. Code,
Section 371, without any other condition except that he would
fully cooperate with the Grand Jury investigation. Mr. Meisner
was, of course, warned that any false testemony he made would be
prosecuted as perjury. Mr. Meisner requested and was granted
protective custody by the United States Marshall Service. He has
been in the Marshal Service's protective custody since June 2l,
1977.
From June 20 to June 22, the defendants and other officials of
the Guadian's Office notified each other of Mr. Meisner's
disappearance. On June 20, the defendant Willardson informed the
defendant Heldt that "Herbert [Meisner] was found missing today."
He stated that Brian Andrus had found in Mr. Meisner's apartment
a note stating that Mr. Meisner would call in a week, that he was
not going anywhere where he could be located, and that there was
no purpose in discussing his motivations. The defendant
Willardson informed the defendant Heldt that Mr. Meisner had last
been seen by his guard on Sunday, June 18 at 6:00 p.m. He
speculated
that Mr. Meisner was hiding somewhere in Los Angeles, probably
doing legal research in a library regarding his possible legal
defenses in the District of Columbia case. He added that a
Guardian's Office official had been to Mr. Meisner's apartment to
remove any documents connecting Mr. Meisner to Scientology, and
to wipe-out all possible fingerprints. (Government Exhibit No.
175.) 203/ A copy of that letter was sent to the defendant Mary
Sue Hubbard ("CSG"), the defendant Raymond ("BI DC Scene Co-Ord
(Natl Sec)") and Mary Rezzonico (as "BI DC Scene Co-Ord (DG L)")
That same day Ms Rezzonico notified the defndant Mary Sue Hubbard
that Mr. Meisner had escaped. Ms. Rezzonico speculated that Mr.
Meisner had become concerned about additional fugitive from
justice charges. She stated that the defendant Willardson had
agreed to have all those individuls in Washington, D.C. who might
be affected by Mr. Meisner's appearance briefed
on what to do if he should return there. She also stated that the
defendant Heldt ("DG US") had ''suggested the possibility of
creating some confusion with some phone calls and a false arrest
set-up-leading the government to believe that Patsy [Mr.
Meisner's wife] would be meeting her ex-husband at soae
clandestined [sic] meeting-then have her and Greg Taylor [another
Guardian's Office Official who resembled] Mr. Meisner meet."
Thus, the FBI would, presumably, arrest the wrong person.
(Government Exhibits Nos. 176 and 177) 204/.
In a letter also dated 20 June, the defendant Willardson ordered
the defendant Raymond and Mr. Brian Andrus to "[c]ontinue to
fully work out Herb's [Meisner's] cover story per the program
eventualities so that we are prepared". (Government Exhibit No.
178). 205/ He also directed
that Mr. Meisner's wife be ordered not to follow her husband's
instructions should he contact her. 206/ Furthermore, Guardian's
Office personnel were to continue checking all libraries in Los
Angeles on the assumption that Mr. Meisner was doing research.
The defendant Willardson ordered the removal of all incriminating
documents from the Guardians Office and their placement in the
"Red Box". (Government Exhibit No. 219.) 207/
(footnote continued on next page.)
In a letter dated June 21, 1977, the defendant Mary Sue Hubbard
explained to Ms. Mary Rezzonico that she believed Mr. Meisner's
escape had resulted from a refusal on his part to recognize the
need to plead guilty on the fugitive from justice charge. She
felt that that charge, with it's five years and/or $5,000 fine
was too heavy for Mr. Meisner to bear. She speculated that Mr.
Meisner had probably gone some- where where he could do legal
research to prepare his case. However, she concluded that she did
not think that he would remain in the Los Angeles area but that
he was more likely to go to San Francisco, a possibly Berkeley.
(Government Exhibit
(footnote continued from preceding page.)
No. 179 at P. 2.) 208/
Following her receipt of the defendant Hubbard's letter, Ms.
Rezzonico notified "DG I US", the defendant Willardson, and "B-1
CO-ORD US", the defendant Raymond as well as "NAT'L CASE OFF
(SEUS SEC)" Brian Andrus of the defendant Hubbard's directive.
209/ That same day, the defendant Willardson notified Ms.
Rezzonico in her capacity as "DC Scene Co- Ord[inator]" that the
CSG, defendant Mary Sue Hubbard, had ordered that the Information
Bureau "not waste resources" looking for Mr. Meisner, since he
might be anywhere. The defendnt Willardson also notified Mr. Mo
Budlong by telex that Mr. Meisner had "_blown_ again" and that
"no real avenues
[were] open to locate [him]." He told him that Mr. Meisner's
apartment was "_cleaned_out_ and _wiped_down_", and that "all
_his_GO_ associates [were] to be briefed". He states that a
"[P]lan [was] in the works to remove sensitve GO data shud [sic]
It become necessary in future". (Government Exhibit No. No. 180).
210/ In a 22 June 1977 letter, the defendant Raymond updated the
information which the defendant Willardson had telexed to Mr.
Budlong. She informed him that "[w]e are working on a plan to
create another false arrest scene type of action along ops
[operations] lines", to sidetrack the ongoing Grand Jury
investigation in the District of Columbia. (Government Exhibit
No. 181.) 211/
On June 21, the defendant Mary Sue Hubbard instructed the
defendant Willardson not to "waste time or resources" searching
for Mr. Meisner in the Los Angeles area. She stated that she
believed that he was more likely Lo be in a city or community
such as San Francisco or Berkeley where there were good libraries
available. She further informed the defendant Willardson that she
had already instructed Ms. Rezzonico to prepare a program to
handle the present situation. The next day, the defendant
Willardson agreed with the defend- ant Hubbard that Mr. Meisner
was "probably on the west coast somewhere" and that there were
"too many possibilities to make a check worthwhile." He pointed
out that the Information Bureau's checks of the local libraries
in Los Angeles had been negative. (Government Exhibit No. 183.)
212/ All the
defendants and officials of the Guardian's Office firmly believed
that Mr. Meisner was still a devoted member of the Guardian's
Office and had not surrendered to the federal authorities.
On June 29 the defendant Willardson informed Ms. Rezzonico that
he had met with the defendants Raymond and Mr. Andrus to "iron
out some bugs on Herb's [Meisner's] story". He indicated that he
had directed Mr. Andrus and the defendant Raymond to continue to
work over the next few days on the "basic story". He expressed
concern that Mr. Meisner had not called the Guardian's Office
since his excape on June 20, and that the situation "could
potentially leave us open to crossing up stories or facts to both
Herb's and our defendant." He concluded, however, that he was
convinced that Mr. Meisner had not surrendered to the authorities
and was still with the Guardian's Office. (Government Exhibit No.
184) 213/ On that same day the defendant Willardson
notified the defendant Heldt that he had "just got word from
Herb." The defendant Willardson had just been informed that Mr.
Andrus had received a letter from Mr. Meisner postmarked San
Francisco. The letter which had been sent by Mr. Meisner after
his surrender to the federal authorities and after the United
States Attorney's Office for the District of Columbia had decided
to obtain a search warrant for Guardian's Office premises,
stated:
Brian -
I know you don't understand what's going on, but I still need
time to myself. I'm making enough to by on so there's no
problems.
I'll be in touch in a couple of weeks.
Herb.
(Government Exhibit No. 185 at p. 4.) 214/
The defendant Willardson concluded that "as CSG [the defendant
Hubbard] predicted" Mr. Meisner had been doing legal research in
the San Francisco area. He suggested that the Guardian's Office
send a "missioniare" to "scout the legal libraries and perhaps
law schools to locate him [Meisner]." A copy of this letter was
sent to the "CSG", the defendant Mary Sue Hubbard, National
Secretary, the defendant Raymond, and Southeast Secretary, Brian
Andrus.
The defendant Hubbard, in a handwritten letter dated July 3, told
the defendant Heldt: I frankly wld [would] not waste Bur1
resources looking for him [Meisner] but wld instead utilize
resources to figure out a way to defuse him shld [should] he turn
traitor.
(Government Exhibit No. 185 at p. 3.) 215/ The defendant Heldt
immediately notified the defendant Willardson of the defendant
Hubbard's directive not to look for Mr. Meisner.
He instructed him to "producc a plan or plans in report form
early this week" to carry out the dcfendant Hubbard's directive.
(Government Exhibit No. 185 p. 2.) 216/
The above 262-page _Stipulation of Evidence_ is accepted by the
United States of America, the defendants, and their attorneys, as
the uncontested evidence of the United States in the instant
case.
_____________________ _____________________
FOR THE DISTRICT OF COLUMBIA
UNITED STATES OF AMERICA
V
Criminal No. 78-401
MARY SUE HUBBARD, et al.
STIPULATION OF EVIDENCE
1/ An "auditor" is a person who counsels Scientologists by
applying the teachings and therapy methods of Scientology.
21 A "CSW" (completed staff work) is a request to a senior
official for approval or disapproval of proposed action.
3/ A "suitable guise" investigation is one where the investigator
assumes a false or misleading identity in order to gain
information otherwise unavailable to him.
4/ Including: New York City; Philidelphia, Clearwater, Florida;
Miami; Chicago; Detroit; St. Louis; Houston; Denver; Seattle; San
Diego; San Francisco; Sacramento, California; Hawaii; I.as Vegas;
Los Angeles; Advanced Organization of Los Angeles; American Saint
Hill Organization (Los Angeles); Portland, Oregon; Mexico City
(which is under the jurisdic- tion of the United States
Guardian's Office).
5/ That was commonly reffered to in Scientology as a position
"held from above" or "HFA" both of which appear on the routing
portion of certain documnets and which connotes that an
individual ia assuring the responsibilities of more than one
position at the same time.
6/ Government Exhibit No. 2, as well as all documents marked
Government Exhibits No. 3 to 30, 32-60, 62-96, 103-105, 107-112,
114-185, 187-188, 210-213, 216, 219 seized by agents of the
Federal Bureau of Investigation from two Guardian's Office
locations known as the Fifield Manor and the Cedars Complex in
Los Angeles, California, pursuant to lawful United States
Magistrate search warrants executed July 7, 1977. Government
Exhibit No. 2 was seized by Special Agent Lawrence W. Cross from
a file cabinet in the office of the defendant Willardson at the
Cedars Complex.
7/ Kathryn E. Hirsch, another former official of the Church of
Scientology, held many positions in that organization both in Los
Angeles, California, and in the United Kingdom at East Grinstead,
Sussex. From December 1972 until March 1973 and from June 1973
until September, 1973, she worked at the World-Wide headquaters
of the Guardian's offfice of Scientology at St. Hill Manor, East
Grinstead, Sussex, in Great Britain. During that period she held
the position of Finance Actions Director World-Wide and had
personal contact with the Guardian World-Wide, Jane Kember. She
repeatedly witnessed Ms. Kember sign her name and written
memoranda and exchanged handwritten correspondence with her.
Futhermore, as Finance Director, World-Wide she was responsible
for keeping financial records or all Scientology organizations
throughout the world and was also custodian of signatory cards
for all bank accounts of these organizations. i-I II e member was
one or four persons in the Church of Scientology who was a
signitory for each Scientology bank account. As a result of her,
position, Ms. Hirsch became intimately familiar with and able to
identify Ms. Kember's handwriting. Ms. Hirsch recognizes the
handwriting on Government Exhibit No. 2, pages three and four as
that of Ms. Kember. She also recognizes the routing in the upper,
left-hand corner of page three to be in accordance with the
routing procedure required by the Guardian's Office.
8/ Mr. Meisner had repeated and extensive dealings with the
defendant Raymond who was one of his superiors in Los Angeles; he
had with her on several occasions and had become able to identify
her voice.
9/ Government Exhibit No. 3 was seized by Special Agent James R.
Kramarsic from a file cabinet in the office of the defendant
Heldt at Fifield Manor.
10/ Government Exhibit No. 4 was seized by Special Agent Robert
H. Clauduis from a file cabinet in Room 5 at the Cedars Complex.
ll/ A "Guardian Order" (later called "Guardian Program
Order") is an official order directing the implementation of a
program, outlining it's purpose, the "ideal scene" which its
implementation is to create, and the various targets which have
to be put into effect. It also designates the official and bureau
responsible for carrying out, the particular target(s). Only L.
Ron Hubbard, Mary Sue Hubbard and Jane Kember have authority to
issue Guardian Orders. While such orders may be drafted and
proposed by other high officials, they may be issued only by one
of the above-mentioned three individuals.
12/ On or about March 3, 1976, U.S. Directorate Secretary
World-Wide Michael Taylor informed the defendant Willarson that
the IRS London targets had been "handled." See the hand- written
notation at the lower left hand side of Government Exhibit No.
56E. Mr. Meisner identifies the "greg" signature at the end of
the letter and the initials "GW" next to the title "Natl Sec US
B1" in the routing as having been made by the defendant
Willardson.
13/ The Guardian's Office had received notification that such a
meeting was to be held through attorneys who represented the
Church of Scientology in their pending lawsuit regarding the tax
exempt status of some churches of Scientology.
14/ In fact, that conference room was actually located there on
November 1, 1974.
15/ During the lawful execution of United States Magi- trate
search warrants unpn premises of the Church of Scientology of
California known as the Cedars Complex on July 8, 1977 Federal
Bureau of Investigation Special Agent Eusebic Benavidez seized a
black suitcase containing electronic bugging devices from the
office of the defendant Gregory Willardson These included
Exhibits 190 to 194. See photograph marked Government Exhibit No.
217 appended hereto. Federal Bureau of Investigation Agent James
O. Davis, assigned to the labora- tory at FBI headquarters and an
expert on electronic bugging devices, concludes that Government
Exhibit No. 190 is an FM radio monitor; Government Exhibit No.
191 is an electronic device in a gold colored box which he found
to be "a miniature transmitter primarily used for the
surreptitious intercepton or oral communications"; and Government
Exhibit No. 192 is a battery connection which he concluded was a
"miniature frequency modulated radio transmitter." Agent Davis
also finds that Exhibit No. 193 is a telephone resonator which he
describes as a "transmitter unit from a standard phone handset."
It also allows one to use a standard FM radio to monitor phone
conversation. Goverment Exhibit 194 is a wall receptacle which
Agent Davis states is a "miniature frequency modulated radio
transmitter concealed in a standard three-plug wall receptacle,"
and which would allow the user to employ a standard FM radio for
monitoring purposes. Agent Davis concludes that in his opinion
all these items are "primarily used for the surreptitious
interception of oral communications."
16/ Government Exhibit No. 5 was seized by Agent Jerry D. Delap,
from a filing cabinet located in the Information Bureau at the
Cedars Complex, and inventoried and initialed by Special Agent
John F. Keller.
17/ A missionaire is a person sent to a certain location with
specific mission orders to carry out-in this case Mr. Alverzo.
311039GOUS 4 AGI DC VIA DG US MIKE
WHAT HAPPENED ON GETTING FSM PAST HIRING
FREEZE ON TARGET ARC AM CHECKING OUR LINES
FOR JUSTICE PERSON AS PREVIOUS ONE FELL
THROUGH ARC CONTINUE TO LOOK YOUR END ARC
TLX REPLY LOVE DUKE DGI US
18/ Government Exhibits Nos. 8-11 were seized by Special Agent
James J. Smith from Room 4 of the Information Bureau at the
Cedars Complex.
19/ Mr. Meisner states that GO 1361 was also known as "IRS EVAL"
[evaluation]
20/ Government Exhibit No. 46A (page six of Exhibit 46) is a
handwritten note dated January 9, 1975, which states "I attest
that I have placed and am running an FSM at Silver [code name for
the IRS] and am attaching the accompanying documents as
evidence." Handwriting expert James Miller positively identifies
the note as having been written by the defendant Hermann.
21/ Ms. Bird was also a participant in the November 1, 1974
conferance that was bugged by Scientology agents.
22/ Mr. Wolfe told Mr. Meisner that Ms. Bird had two doors
leading to to her suite of offices, one of which was blocked by a
table. Mr. Wolfe went in during the day, unlocked the latter door
and proceeded to use the door whenever he entered her office
either at night or on weekends.
23/ Government Exhibit No. 12 was seized by Special Agent Roger
L. Lehman from a file cabinet in Room 30 in the Informa- tion
Bureau at the Cedars Complex.
24/ Handwriting analysis shows that it is "highly probable" that
the defendant Willardson wrote the handwritten note. Mr. Meisner
recognizes the initials of Ms. McNeil and the defendants Weigand
and Willardson next to their respective titles in the routing
portion of the document, as well as the handwriting of the
defendant Willardson in the note to "Cindy". The routing also
indicates that a copy of the memo- randum and attached documents
were sent to the "CSG" (Commodore Staff Guardian) the defendant
Hubbard.
25/ Government Exhibit No. 13 was seized by Peter J. Flanagan
from a file cabinet located in the Information Bureau at the
Cedars Complex. It was inventoried by Special Agent Richard W.
Noyes.
26/ Next to the title for the "INFO BR I DIR US" in the routing
portion of the meorandum is the signature of the defendant
Gregory Willardson, indicating that he received the documents on
March 7, 1975. Handwriting expert Miller concluded that it is
"probable" that the defendant Willardson wrote the four-line
notation beginning with his initials and date.
27/ Mr. Miller positively identifies the defendant
Raymond as the writer of that notation. He also concludes as
"probable" that the defendant Hermann signed "Mitch" at page two
or the memorandum. Mr. Meisner specifically recog- nizes that
signature as that of the defendant Hermann and moreover,
recognizes the entire document based upon his recollection of
having received it from Hermann and having sent it with the
appended documents to his superiors in Los Angeles, with i copy
to "CSG", the defendant Mary Sue Hubbard.
28/ Exhibit No. 14 was seized from Room 4, of the Information
Bureau at the Cedars Coinplex by Special Agent James J. Smith and
inventoridd by Special Agent Gilberto Valencia.
29/ The signature "Greg" on page one has been positively
identified by handwriting analysis as that of the defendant
Willardson. Similarly, the handwritten notation "sent to DC,
late May. GW" at the lower right-hand corner od that page has
also been positively identified as having been written by the
defendant Willardson. Handwriting expert James Miller has
concluded that it is "highly probable" that the defendtant
Richard Weigand wrote the handwritten notation "Greg - What was
this? L. Dick" located at the top of the page. Mr. Meisner
identifies the handwritten notation "A very good method!" located
above the title of the letter, as in the hand- Writing of Mo
Budlong, and the handwritten notation "Dear Greg, This is a
really bNITED STATES DISTRICT COURT
30/ On October 13, 1975, the defendant Heldt sent a "CSW"
(completed staff work) to Jane Kember, the Guardian World-Wide,
dealing with "the turnover of B-1 data from IRS LA, IRS DC, and
Justice Dept. Tax Division to PR and legal to get the reports
D/A'd (dead agented), and for attacking along PR and legal
lines." (Government Exhibit No. 51.) The "CSW" is requested for
proposed Guardian Order 1361-1 to complete targets 6-8, 14-15,
and 19 of GO 1361 (Government Exhibits Nos. 3 and 4). The
appended proposed Guardian Order 1361-1 calls for placing
additional "FSMs" into the Los Angeles and District of Columbia
"target areas'', and preparing the stolen government documents
for release to the press and for use in possible Scientology
legal cases. Government Exhibit No. 51 was routed through the
Deputy Guardians for the Infor- mation, Legal, and Public
Relations Bureaus World-Wide. GO 1361-1 was approved by Jane
Kember and issued on 7 November 1975. (Government Exhibit No.
52.) Mr. Meisner and Ms. Hirsch state that it was issued
according to established Guardian's Orfige procedures. Ms. Hirsch
also testifies that the initials "LR" at the lower, left-hand
corner next to the name Jane Kember is that of Lexie Ramirez, Ms.
Kember's communicator (secretary).
In a "CSW" dated 27 May 1976 to the defendant Heldt, the
defendant Weigand informed him that GO 1361-1 target 2 called for
the "replacement" of "FSMs" at the IRS in the District of
Columbia and Los Angeles, California. However, the defendant
Weigand pointed out that since they had no plans to have the
"existing "FSM in DC [Wolfe] replaced" and since they had been
successful in getting the documents from Los Angles IRS through
other covert means, there was no longer a need for target 2 of GO
1361-1. Thus he requested approval for the cancellation of that
target. (Government Exhibit No. 107.) The defendant Heldt, in
handwritten notes positively identified as his by handwriting
expert James Miller, informed the defen- dant Weigand that since
the Guardian World-Wide had approved GO 1361-1 only she could
approve cancellation. The defendant Heldt also enquired whether
it would no be prudent to have "back-up FSMs" in case the present
ones were blown. Mr. Miller concludes that the signature "Disk"
was probably made by the defendant Weigand. Mr. Meisner
recognizes the signa- ture as having been made by the defendant
Weigand and the handwriting in the margin as that of the
defendant Heldt. Government Exhibit Bo. 107 was seized by Special
Agent Gilberto Valencia from Romm 4 in the Information Bureau at
the Cedars Complex.
31/ Government Exhibit No. 15 was seized by Special Agent Smith
from Room 4 of the Information bureau at the Cedars Complex. It
was inventoried by Special Agent Valencia
32/ A "CSW" or "completed staff work" is a request for approval
or disapproval of a proposed course of action. It outlines the
problem which it attemps to solve with supporting data, and
concludes with the proposal for which approval is sought. It ends
with two lines marked "approved" and "dis- approved" with space
for signature. The routing carries greater significance in a
"CSW." When initialed next to a title in the routing it indicates
that it has both been reviewed and approved by that person.
33/ Handwriting expert James Miller concludes that the signature
"Greg" at page three is positively in the hand- writing of the
defendant Willardson. He also concludes that it is "probable"
that the entry "DW 8/5" next to the title "DG I US," in the
routing portion of the upper left-hand of the front page, is in
the handwriting of the defendant Weigand; and that the initial
next to the title "DG US" is in the handwriting of the defendant
Heldt. Moreover, Mr. Meisner recognizes the handwrititig of both
the defendants Willardson and Heldt in the document.
35/ Government Exhibit No. 17 was seized by
Special Agent Peter J. Flannigan from a file cabinet in room 23
of the Cedars Complex. Government Exhibits 19, 21, 24 and 28
30 were seized by Special Agent Bradley N. Maryman from the file
cabinet in one of the hallways of the Information Bureau at the
Cedars Complex. Government Exhibit No. 20 was seized by Special
Agent Stanley R. Currey from a file cabinet located in room 30
(the Archives room) at the Cedars Complex. Govern- ment Exhibits
22, 23 and 27 were seized by Special Agent Edward J. Miller from
a file cabinet. located in room 30 at the Cedars Complex.
Government exhibit No. 25 was seized by Special Agent Henry
Willians from a shelf adjacent to the desk of the defendant Cindy
Raymond in room 15 at the Cedars Complex. It was inventoried and
initialed by Special Agent Raymond Mislock. Government Exhibit
No. 18, which was seized by Special Agent Maryman from a file
cabinet in one of the hallways in the Information Bureau at the
Cedars Complex, is the folder which contained Government Exhibits
Nos. 18, 19, 21, 24 and 28 to 30.
36/ Government Exhibits Nos. 17, 19, 25, 27, and 29, 30 all have
identical routing. They were sent by Mr. Meisner to the
Collection Officer U.S., the deferdant Cindy Raymond, via the
Assistant Guardian for the District of Colmubia Lynn McNeil, and,
among others, the Deputy Guardian of the United States, the
defendant Heldt, the Deputy Guardian for Informa- tion U.S., the
defendant Weigand, and the Information Branch I Director U.S.,
the defendant Willardson, with a copy to the Commodore Staff
Guardian, the defendant Mary Sue Hubbard. Government Exhibit No.
28 added to the routing the Information Branch II Director, U.S.
Mr. Meisner identifies the initials in the handwriting of the
defendant Heldt as appearing next to his title "DG US" in the
routing portion of Government Exhibit Nos. 17, 21, 23, 25, 27 and
29. He also identifies
the initials and date appearing on Government Exhibits Nos. 17,
19, 25 and 27, 30 as in the handwriting of the defendant
Willardson. Additionally, he identifies the note on Government
Exhibits Nos. 28, 30 appearing next to the initials "GW" as in
the handwriting of the defendant Willardson. Hand- writing expert
James Miller positively identified the initials, date and
handwritten notes appearing on Government Exhibits Nos. 28, 30 as
being in the hanwriting of the defendant Willardson. Mr. Meisner
further identifies the initials and date appearing next to " Coll
Off US" on Government Exhibit No. 17 as having been written by
the defendant Cindy Raymond and the printing at the bottom of
page one of Government Exhibit No. 27 as the handwriting of the
defendant Raymond.
37/ Government Exhibit No. 32 was seized by Special Agent Gary
Aldrich from a file cabinet in the office of the defendant
Willardson at the Cedars Complex.
38/ Mr. Meisner states that GO 1344 is a Guardian Order which was
issued in approximately September 1974 by Jane Kember and which
directed the infiltration and theft of documents from the United
States Coast Guard. Pursuant to that Guardian Order the defendant
Sharon Thomas was placed as a Scientology covert operative within
the Coast Guard's Intelligence Division in Washington, D.C.
Similarly, Mr. Meisner and Ms. Nancy Douglas, a former
Scientology covert operative at DEA, state that "DEA", in
Government Exhibit No. 32, refers to the theft of government
documents from the Drug Enforcement Adininistration by Ms.
Douglas.
39/ Government Exhibit No. 33 was seized by Special Agent William
B. Stovall from a file cabinet in the defendant Henning Heldt's
office in Fifield Manor.
110/ Government Exhibit No. 34 was seized by Special Aecnt James
J. Smith from Room 4 of the Information Bureau at the Cedars
Complex.
41/ Handwriting expert Miller positively concluded that the
defendant Gregory Willardson is the writer of the entire letter.
42/ Governtncnt Exhibit No. 35 was seized by Special Agent Donald
P. Kinder from Room 4 at the Cedars Complex.
/43 Handwriting expert James Miller positively concludes that
that notation is in the handwriting of the defendant Raymond.
Similarly, Miller concludes that it is "probable" that the
initials next to the entry "DG US" in the routing were written by
the defendant Heldt.
/44 Handwriting expert James Miller positively concludes that the
bulk of the Ietter is in the handwriting of the defendant
Willardson.
45/ Government Exhibits Nos. 36 and 38 were seized by Special
Agent William A. Cohendet from Room 14 of the Informa-tion Bureau
at the Cedars Complex.
46/ The left-hand portion of Government Exhibit No. 37 is a
document in the handwriting of Lewis Hubbard, on the right-hand
portion of the page is a typewritten copy of that handwritten
document which was prepared by Mr. Meisner after the defendant
Wolfe had given the handwritten document to him. The document was
typed in order to make it more legible to his superiors in Los
Angeles, California.
47/ The routing in the upper left-hand side of both Government
Exhibits Nos. 36 and 38A conforms to the required routing
procedure of the Guardian's Office and are identical in form. In
Government Exhibit No. 38A, Mr. Meisner identifies the initials
next to his title "DG US" as the handwriting of the defendant
Heldt; both the initials next to the title "Info Br I Dir US" and
the handwritten notation immediately beneath
it as the handwriting of the defendant Willardson. Mr. Meisner
also identifies as the defendant Willardson's handwrit- ing the
notation that "sent to WW [World Wide]", which indicates that it
was forwarded to the Guardian's Office in England.
48/ Government Exhibit No. 39 was seized by Special Agent James
J. Smith from Room 4 or the Information Bureau of the Cedars
Complex.
49/ Handwriting expert James Miller concludes that it is "highly
probable" that the signature "Duke" at the end of page two is in
the handwriting of the defendant Snider. Moreover, Mr. Meisner
also identifies the handwriting in the letter as that of the
defendant Snider.
50/ Government Exhibits Nos. 41 and 42 were seized by Special
Agent Smith from Room 4 at the Cedars Complex.
51/ They are respectively identified in the routing as the Deputy
Deputy Guardian U.S. and Deputy Guardian for Information U.S.
52/ In a memorandum from a Guardian's Office official dated
October 3, 1975 to the defendant Richard Weigand (Government
Exhibit No. 56), requesting a compliance report regarding target
17 of GO 1361, the defendant Weigand, added a handwritten note
stating that target 17 "is almost done" in Washington, D.C., but
still required six weeks to be completed as far as the Justice
Department Tax Division in Los Angeles, California was concerned.
Handwriting expert James Miller concludes that the note was
probably written by the defendant Weigand. Mr. Meisner alao
identifies the note as having been written by the defendant
Weigand. Government Exhiblt No. 56 was seized by Special Agent
Smith from Room 4 in the information Bureau at the Cedars
Complex.
53/ Government Exhibit No. 43 was seized by Special Agent Smith
from Room 4 in the Information Bureau at the Cedars Complex.
54/ Handwriting expert James Miller identifies the handwriting of
the defendant Willardson on Government Exhibit No. 43 as follows:
On page one, "highly probable" as to the notation in the upper
right-hand corner under the date, on page two, "positive" as to
the notation signed "Greg" above the date; on page four,
"positive" as to the entire letter; on pages five and six,
"highly probable" as to the signature "Greg". Moreover Mr.
Meisner recognizes the initials of the defendants Heldt
and 'Weigand.
55/ This index, known as a _Vaughn_ index, is required by the
Courts, and lists all documents potentially subject to the FOIA
with reasons for all those sought to be exempted from the reach
of the Act.
56/ Government Exhibit No. 40 was seized from a file cabinet
located in the Information Bureau at the Cedars Complex. Mr.
Meisner identifies the initials next to the title "DG US" in the
routing portion of the document as being in the handwriting of
the defendant Heldt, and the initials next to the title "INFO BR
I DIR US" as being the handwriting of the defendant Willardson.
57/ The defendant Wolfe told Mr. Meisner that he followed the
same procedure each time he entered the IRS offices in order to
steal documents. After taking the documents out out of a
particular individual's office, he photocopied them on a United
States Government photocopying machine using United States
Government equipment and paper and then returned them to their
proper location, and took the copies of documents out of the
building. Of course, all this was done without permission.
58/ Government Exhibit No. 44 was seized by Special Agent
Frederick Hillman, Government Exhibit No. 147 was seized by
Special Agent Roger L. Lehman, and Government Exhibit No. 50 was
seized by Special Agent Edward J. Miller. They were each seized
from a different file cabinets in Room 30 of the Infornation
Bureau at the Cedars Complex. Government Exhibit No. 118 was
seized by Special Agent Smith from Room 4 in that same building.
59/ Mr. Meisner identifies handwriting of the defendant Raynond
on the following documents: Government Exhibits Nos. 44 and 45,
the handwritten notations next to the entry "Dear Cindy";
Government Exhibit No. 45, the entry "Sent to WW" on the upper
right-hand corner of page one; Government Exhibit No. 47, the
handwritten notation on the upper left- hand margin and in the
upper right-hand of page one "CIC copy"; Government Exhibit No.
48A, the handwritten notation above "Coll Off US" and the
initials and date next to that title as well as the handwritten
notation below the title of the document; and Government Exhibit
No. 50 the initials and date next to the title "Coll Off US" in
the routing. Mr. Meisner also identifies on Government Exhibit
No. 44 the initials in the handwriting of the defendant Heldt
next to the title "DG US" in the routing portion of the document.
60/ Government Exhibit No. 45 was seized by Special Agent Lehman
from a file cabinet in Room 30 of the Cedars Complex.
61/ They are summarized as follows: Government Ex- hibit No. 46A
in Government Exhibit No 45 at page four paragraph two;
Government Exhibit No. 46B at page four, paragraphs five and six;
Government Exhibit No. 46C at page two, paragraphs two and three;
and Government Exhibit No. 46D at page three, paragraphs one and
two.
62/ Handwriting expert James Miller positively identifies the
signature "Cindy" on that letter having been written by the
defendant Raymond.
63/ Government Exhibit No. 49 was seized by Special Agent Smith
from Room 4 in the Information Bureau at the Cedar's Complex.
614/ Handwriting expert James Miller identifies the defendant
Raymond as the writer of the eleven line notation in the left
margin; the note "This ia an FOI IRS index of all withheld
documents in IRS FOI action" on the right-hand side of the
document and the nine line notation beginning "Note I am double
checking . . ." on page two or Government Exhibit No. 49. Mr.
Miller concludes that the handwritten notation "GW 14 Nov" in the
upper left-hand corner of the front page is probably in the
handwriting of the defendant Willardson. Mr. Meisner identifies
the note as being in the handwriting of the defendant Willardson.
65/ In a 4 November 1975 memorandum regarding the state of the
District of Columbia Guardian's Office actions on tar- gets 10
and 17 of GO 1361, which she received from Peggy Tyson, the
Programs Officer U.S, the defendant Raymond, in a
handwritten note, stated that Mr. Meisner was verifying "what
more is needed to comply to tgt 10", and had received a copy of a
list of all documents withheld by the IRS under the FOIA.
(Government Exhibit No. 56B). Handwriting expert James Miller
positively concludes that all the writing up to the signature
"Cindy" is that of the defendant Raymond.
66/ Mr. Meisner and Ms. Hirsch state that the GPgmO 158 was
issued in accordance with established Guardian Office procedure
for the issuance of Guardian Program Orders.
The names appearing at the bottom of page 3 indicate that the
order was written by the defendants Heldt and Weigand and
approved and issued by Guardian World Wide Jane Kember. Ms.
Hirsch also states that the initials "LM" which appear to the
left of Ms. Kember's name are in the handwriting of Ms. Kember's
communicator (secretary). Government Exhibit No. 53 was seized by
Special Agent Robert Claudius from a file cabinet in the
defendant Willardson's Office at the Cedars Complex.
67/ GPgmO 158 was issued pursuant to target 1 of GO 261175 which
was originally issued by L. Ron Hubbard. An identical Guardian
Program Order, 158 R was reissued on May 27, 1977 by the
defendants Weigand and Heldt. (Government Exhibit No. 111.)
Government Exhibit No. 111 was seized by Special Agent Gary
Aldrich from the office of the defendant Willardson at the Cedars
Complex.
68/ The other operating targets under GPgmO 158 include moving
existing of agents in the District Attorney's Office
in Los Angeles and the Attorney General's Office of California
"into position to obtain advance warning" (Target 8); "[g]et
Intell coming from Paulette Cooper, Robert Kaufman, Bernie Green,
and John Sefferrn to obtain intelligence data on intended attack.
AG I New York" (Target 14); "[p]lace a very secure agent into the
AMA Chicago headquarters in the best position possible to obtain
data on their intended actions towards us" (Target 16);
"[d]etermine what agency near LRH would serve any Federal
governmental subpeona. This could be the local US Marshall's
[sic] Office" (Target 19). (L. Ron Hubbard and Mary Sue Hubbard
were living outside of Clearwater, Florida, at the time Kember
issued GpgmO 158.)
69/ Ms. Thomas resigned her position with the United States Coast
Guard on February 28, 1976. She had begun employ- ment there on
January 13, 1975.
70/ Government Exhibits Nos. 54 and 55 were seized by the FBI
from a file cabinet in the Information Bureau at the Cedars
Complex.
71/ Mr. Paul Figley states that in 1975 and 1976 he was a trial
attorney in the Information and Privacy Unit of the Civil
Division of the United States Department of Justice at 9th &
Pennsylvania Avenue, N.W. in Washington, D.C. During the years
covered by the indictment in the instant case, Mr. Figley was
assigned to the processing of FOIA cases involving the Central
Intelligence Agency (CIA), the Drug Enforcement Administration
(DEA), the U.S. Customs Service, the Defense Communications
Agency, the Department of the Army, the Energy Research and
Development Administration (ERDA), the U.S. Postal Service and
Interpol. In his care, custody and control, as a result of his
duties as a Justice Department attorney, were numerous documents
from these agencies relating to Scientology. Mr. Figley has
reviewed the Meisner memoranda marked Goverment Exhibits Nos. 54
and 55 and states that the documents summarized therein were in
his possession in December 1975. He further states that he did
not give permission to the defendant Wolfe or Mr. Meisner to
enter his office, take documents, photocopy them and take copies
of the documents for the use of Scientology.
72/ Handwriting expert James Miller concludes that it is "highly
probable" that these handwritten entries as well as the entries
"non FOI" and the "Justice Dept" notation on Government Exhibit
No. 55 were made by the defendant Raymond.
73/ Soon after she began her employment for the Information and
Privacy Unit of the Civil Division at the Department of Justice,
the defendant Thomas began to steal documents and photocopies
thereof. Thus, on or about March 22, 1976, she entered Mr.
Figley's office after regular working hours, and, without
permission, took some thirty pages of documents relating to
Scientology which Mr. Figley was receiving as part of FOIA suits
against the CIA, ERDA, FDA, Army and Defense Departments. She
photocopied the documents using United States Government
equipment and supplies and gave copies of these documents to Mr.
Meisner. Mr Meisner summar- ized these documents in a memorandum
dated March 22, 1976 which he sent with the documents to the
defendant Hermann (a/k/a Cooper.) (Government Exhibit No. 64). He
also sent a copy to the "CSG", defendant Hubbard. The defendant
Hermann forwarded Meisner's memorandum and documents to
World-Wide. Handwriting expert James Miller
positively identifies the fourteen-line handwritten notation as
well as the initials "CR, 28 March 76" on the Hermann lettcr as
having been made by the defendant Raymond. He also concludes that
it is "highly probable" that the initials "GW" and "BID Natl CIC"
were made by the defendant Willardson; and "probable that the
signature "Mike C" was made by the defendant Hermann/Cooper.
Moreover, Mr. Meisner identifies that signiture as well as the
entry "(sent by DC)" next to "CSG" as having been made by the
defendant Hermann/Cooper; and the initials "GW" as those of the
defendant Willardson. Government Exhibit No. 64 was seized by the
FBI from a file cabinet within the Information Bureau at the
Cedars Complex.
74/ Government Exhibits Nos. 195 - 203 were located in a black
suitcase seized by Special Agent Eusebio Benavidez from the
office of the defendant Willardson at the Cedars Complex. These
exhibits were examined by FBI Special Agent James O. Davis of the
FBI laboratory, who identifies them as follows:
75/ Government Exhibit No. 56 was seized by Special Agent from
Room 4 in the Information Bureau at the Cedars Complex.
76/ Handwriting Expert James Miller concludes that the signature
"Mike C" on Government Exhibit No 56D is probably the handwriting
of the defendant Hermann. Moreover, Mr. Meisner identifies the
signature to be in the handwriting of the defendant Hermann.
77/ See Govovernment Exhibit No. 57, a letter dated 3 Febuary
1976 from the defendant Weigand to the CSG Assistant for
Information, Jimmy Mulligan, responding to Mulligan's request for
information concerning the status of the IRS document collection
under GO 1361. That letter refered to the Alverzo forced entries
into IRS as well as subsequent areas entered by the defendant
Wolfe.
78/ Appended to Government Exhibit 46 is a 5 February 1976 report
from Mitchell Hermann who signs it "Mike C.", to the defendant
Weigand, stating that numerous documents withheld by the IRS
pursuant to the FOIA were taken by the Information Bureau in
Washington, D.C. He added that documents regarding Scientology
were taken from many IRS offices including the Audit Division,
Intelligence Division, Office of Inter- national Operations,
Exempt Organization, Individual Income Tax Division, Office of
the Chief Coursel, Disclosure Division, Special Services Staff,
as well as other offices. Mr. Meisner identifies the signature
"Mike C." as that of the defendant Hermann. Handwriting expert
Miller concludes that it is "probable " that the defendant
Hermann wrote that signature. The defendant Hermann's report is
appended to the 11 February 1976 letter from the defendant
Weigand to Ms. Kember on evidence that target 10 of GO 1361 had
indeed been complied to.
79/ Government Exhibit No. 58 was seized by Special Agent Smith
from Room 4 at the Cedars Complex.
8O/ Mr. Meisner and Ms. Hirsch identify the handwritten notation
signed "jane" as having been written by Jane Kember. Mr. Meisner
additionally identifies the initials of the defendants Willardson
and Weigand in the routing portion of the document. Moreover,
handwriting expert Miller has con- eluded that it Is "highly
probable" that the notation "GW 9 Mar" in the routing section was
written by the defendant Wiilardson.
81/ Government Exhibit No. 59 was seized by Special Agent Robert
H. Wood from a cardboard box in the Information Bureau at the
Ccdars Complex.
82/ This is further illustrated by the transmittal memorandum
from the defendant Hermann dated March 22, 1976, to Michael
Taylor at World-Wide, which states that "[a]ttached are a set of
docs concerning Tedesco's area and include the totality of
Scientology correspondence in his area." Next to the entry "CC:
CSG" in the routing portion of that trans- mittal memorandum is a
handwritten notation identified by Meisner as written by the
defendant Hermann. That notation indicated that that copy was
already "(sent by DC)". Mr. Meisner also identifies the signature
on that letter as that of the defendant Hermann.
83/ Government Exiiibit No.60 was seized by Special Agent Wood
from the Information Bureau at the Cedars Complex.
84/ She has turned over the originals to the Federal Bureau of
Investigation.
85/ On or about March 22, 1976, the defendant Wolfe also entered
the office of Assistant Commissioner for Employee Plans and
Exempt Organizations Alvin Lurie which were located in the IRS
building at 1111 Constitution Avenue, Northwest, in Washington,
D.C. The defendant Wolfe told Mr. Meisner that he took documents
related to the American Medical Asso- ciation and its tax exempt
status from Mr. Lurie's office, photocopied them using IRS
equipment and supplies, then returned the documents to their
original location. The defendant Wolfe then stole the copies of
the documents and gave then to Mr. Meisner. Mr. Meisner
summarized them in a memorandum dated March 22, 1976, entitled
"Re: House Ways and Means Subcommittee Meeting on AMA" and sent
it with the documents to the defendant Hermann (Mike Cooper,)
with a copy to the "CSG", defendant Mary Sue Hubbard. (Government
Exhibit No. 62). The defendant Hermann forwarded the Meisner
memo- randum and appended stolen documents to the World-Wide
Guardian's Office. Mr. Meisner identifies the initials next to
"DG US" in the routing of Government Exhibit No. 62 as having
been written the defendant Heldt. He also recognizes the hand-
writing "(Sent by DC)" next to "CSG" as having been written by
the defendant Hermann.
86/ Government Exhibit No. 68 wan seized by Special Agent Smith
from Room 11 in the Information Bureau at the Cedars Complex.
87/ Mr. Meisner identifies the defendant Hermann's signature on
Government Exhibit No. 68. Handwriting expert James Miller
concludes that it is "probable" that the defendant Hermann signed
the "CSW" to Ms. Kember.
88/ On the reverse of the identification cards the following
entry appears:
89/ Between early April and late June 1976, four other Guardian's
Office officials and one Scientology covert agent entered the IRS
identification room and made counterfeit IRS identification cards
for themselves. In April, the defendant Wolfe and Mr. Meisner
took into the main IRS building Information Bureau investigators
Patty Pease and Jay Armstrong and made for them counterfeit IRS
identification error. The defendant Wolfe, on three other
occasions, entered the main IRS building with the defendant
Hermann, and Messrs. Joseph Alesi .1o:;eph and Michael Baum,
where he made similar false IRS credentials for them. Mr. Meisner
saw the counterfeit credentials made for those five individuals.
All the identification cards were in false names. In mid-May, Mr.
Meisner took the defend- ant Weigand on a tour of the main IRS
building in Washington, D.C. , and showed him the offices which
had been burglarized and from which stolen documents had been
taken. They were unsuccessful, however, in gaining entry into the
identification room and were, therefore, unable to make a false
identification card for the defendant Weigand. Mr. Meisner and
the defendant Weigand entered the building using Mr. Meisner's
counterfeit IRS credentials in the name of "Foster".
90/ During a confrontation in the United States Court- house for
the District of Columbia, on June 11, 1976, FBI Special Agent
Christine Hansen seized the "John M. Foster" identification card
from Mr. Meisner. Ms. Helen R. Pesta, Chief of the IRS Digest
Unit, states that she holds a lawful IRS identification card
bearing badge number 800-00413, the number which appears on the
counterfeit identification card in the name of "John M. Foster".
Mr. William T. Lyons, Cincinatti, Ohio, IRS Regional Counsel,
states that he holds a lawful IRS identification card bearing
badge number 800- 00487, the number of which appears on the
counterfeit identi- fication card in the name of "Thomas Blake".
91/ Government Exhibit No. 66 was seized by Special Agent
Gilberto Valencia from Room 4 in the Infomation Bureau at the
Cedars Complex.
92/ "Non-FOI", used in this context, refers to documents obtained
by covert means or Scientology internal memoranda discussing such
illegally obtained documents.
93/ Government Exhibit No. 65 was seized by Special .lo. 65 wa.-3
:-,(-,ized by Agent Valencia from Room 4 in the Information
Bureau at the Cedars Complex.
94/ Government Exiiibit No. 67 was seized by Special Agent
Raymond Mislock from a file cabinet in the office of the
defendant Raymond at the Cedars Complex.
95/ Mr. Meisner and Ms. Hirsch state thate GPgmO 302 was issued
in accordance with established Guardian's Office pro- cedure. The
initials "LM" next to the name June Kember are those of her
communicator (secretary). Government Exhibit No. 67 was seized by
Special Agent Raymond A. Mislock from a file cabinet in the
office or the defendant Cindy Raymond in the Information Bureau
at the Cedars Complex.
96/ In a "compliance report" to GPgmO 302, target 5, dated 31
July 1976, the defendant Raymond sent the defendant Weigand a
list of priorities for the "penetration" of National Agencies".
(Government Exhibit No. 109). She appended to her "CSW" a list of
136 government agencies which were to be infiltrated. These
included: the Administrative Office of the U.S. Courts, the CIA,
The Executive Office of the U.S. Attorneys, the FBI, and many
other agencies. Also included were a number of U.S. Embassies and
consulates abroad.
97/ Government Exhibit Nos. 69, 70 and 71 were seized
by Special Agent Michael T. Repucci from Room 14 in the
Information Bureau of the Cedars Complex. -
98/ In a letter dated 28 June 1976, Deputy Guardian for
Information World-Wide Mo Budlong, requested that the defendant
Weigand obtain a copy or the DeFeo Report which he stated "was
classified by Executive Order and is not available on overt
lines." In a response dated 6 July 1976 the defendant Weigand
informed Mr. Budlong that the DeFeo report had indeed already
been stolen by Guardian's Office operatives and that he was
appending excerpted copied of the report. The defendant Weigand
also explained that as part of "Op [Operation] Chaos Leak" a
protion of the report had been leaked to the press but that the
operation had to be dropped because of the current complications
in the United States Courthouse in the District of Columbia.
(Government Exhibit No. 72)
Mr. Meisner identifies the signature "MB" at the end of the 28
June 1976 letter as having been written by Mo Budlong. He also
states that the initials "GW" and the handwriting immediately
preceding it were made by the defendant Willardson. Handwriting
expert James Miller concludes that it is "probable" that the
notation "Sec Off Nat GW" is in the handwriting of the defendant
Willardson.
99/ Government Exhibit Nos. 73-76 were seized by Special Agent
James R. Kramarsic from the office of the defendant Heldt at the
Fifield Manor.
100/ Mr. Meisner recognzes the handwriting of the following
defendants on Government Exhibits Nos. 73 to 76: the initials of
the defendant Heldt and Willardson on Govern- ment Exhibit No.
73) the initials of the defendant Heldt on Government Exhibit
Nos. 74-76.
101/ Government Exhibit No. 77 was also seized by Special Agent
Kramarsic from the defendant Heldt's office.
102/ Indeed, in June 1976, the defendant Thomas succeeded in
becoming the secretary of Mr. Paul Figley.
103/ Government Exhibit No. 78 was seized by Special Agent Harold
Brunson from a file cabinet immediately ouside the main office of
the defendant Raymond at the Cedars Complex. It was inventoried
and initialed by Special Agent Michael Ray Napier.
104/ Government Exhibit No. 79 was seized by Special Agent
Brunson from a file cabinet outside the main office of the
defendant Raymond at the Cedars Complex. It wsa inventor- ied and
initialed by Special Agent Napier.
105/ "OTC" or Operations and Transport Company was a Panamanian
Corporation set up by L. Ron Hubbard which owned the ship Apollo
on which L. Ron Hubbard lived and which was used as the flagship
of the Sea organization of Scientology.
106/ Mr. Meisner and Ms. Hirsch state that GPgmO 9 was issued in
accordance with established Guardian Office procedure for the
issuance of Guardian Program Orders. Ms. Hirsch states that the
initials "LR" to the left of the name Jane Kember are those of
Ms. Kember's communicator (secretary) Lexie Ramirez.
107/ Government Exhibit No. 80 was seized by Special Agent Glade
B. Johnson from a file cabinet within the Information Bureau at
Cedars Complex.
108/ Mr. Meisner identifies the initials next to the routing
portion of the document as those of the defendant Raymond.
109/ Government Exhibits Nos. 81 and 85 were seized by Special
Agent Glade R. Johnson from a file cabinet located within the
Information Bureau at the Cedars Complex. Govern- ment Exhibit
No. 56 was seized by Special Agent Michael T. Repucci from room
14 also within the Information Bureau at the Cedars Complex.
l10/ Government Exhibit No. 82 is summarized in Government
Exhibit No. 81 at p. one, paragraphs two to six. Government
Exhibits Nos. 83 and 84 are identical stolen letters from the
Assistant Secretary of the Treasury David Kendall to Deputy
Attorney General William P. Roger. They are excerpted in
Government Exhibit No. 81 at page one, paragraph seven. After
they were received by the Guardian's office in Los Angeles, those
letters were cross-filed into two seperate individual's folders.
Government Exhibit No. 83 was placed in a folder on Deputy
Attorney General William P. Rogers and Government Exhibit No. 84
was placed in a folder on David Kendall. (See left-hand margin of
the exhibits.) All three exhibits were seized by Special Agent
William G. Ryan, Jr., from Room 13 of the Information Bureau at
the Cedars Complex. Mr. Meisner identifies the initials of Cindy
Raymond next to her title on the upper left-hand portion of his 3
May 1976 memorandum.
111/ Mr. Meisner identifies the initials and/or hand- writing of
the defendant Raymond on each of his memorandum in the routing
section next to the title. Mr. Meisner also recognizes Ms.
Raymond's handwritten notation on the first page of Government
Exhibit No. 86 next to the Snow White "highest priority" stamp.
Each of the defendants appended to Government Exhibit No. 86 have
Mr. Meisner's excerpts of, underlinings, and numerals.
112/ Government Exhibits No. 87 was seized by Special Agent Blade
R. Johnson from a file cainet in the Information Bureau at the
Cedars Complex. Government Exhibits Nos. 88-92 were seized by
Special Agent William A. Cohendet froom Room 14 in the
Information Bureau at the Cedars Complex. Mr. Meisner identifies
the initials and date "4 May 76" in the routing of his memorandum
as those of the defendant Raymond.
113/ The defendant Raymond's 4 May 1976 memorandum to World-Wide
is entitled "IP Data Non-SCN non-FOI Confidential"
and is routed via the defendants Heldt, Weigand, and Willardson
and Mr. Budlong. Mr. Meisner identifies the signature on that
memorandum as having been written by the defendant Raymond.
114/ The defendant Thomas and Mr. Meisner also burglarized the
suite of offices of Mr. John F. Shaw on or about May 8,
1976. Mr. Shaw's door was once again forced open, and recent
Interpol documents were taken, photocopied using United States
property, and the copies stolen. Mr. Meisner excerpted these
documents in a memorandum dated 8 May 1976, addressed to the
defendant Raymond via the defendant Hermann/Cooper. See
Governnent Exhibit No. 93. Mr. Meisner identifies his own
handwriting ("WW copy") - In the upper left-hand corner of the
first page. One of the stolen documents excerpted on page one,
paragraph three of the memorandum was a letter from Treasury
Department Acting Secretary Stephen S. Gardner to Speaker of the
house Carl Albert transmitting a preposed draft bill relating to
Interpol. (Government Exhibit No. 94.) Government Exhibit Nos. 93
and 94 were seized by Special Agent Martin A. Gonzeles from a
file cabinet in the defandant Raymond's office at the Cedars
Complex.
115/ "Pages 1a and 2a" were retyped by Mr. Meinser himself as
pages "1" and "2" were not sufficiently legible. (Government
Exhibit No. 95). Government Exhibit No. 95 was seized by Special
Agent Repucci from a file cabinet in the defendant Raymond's
office in the Cedars Complex.
116/ See Founding Church of Scientology v. Paschall, et al.,
Civil No. 75-1397 (April 14, 1976 Tr. at 2, 4). The official
court transcript reveals the following colloquy:
117/ Government Exhibit No. 96 was seized by Special Agent, Jack
C. Thorpe from Room 4 in the Information Bureau at the Cedars
Complex.
118/ "JUDY area" was a code name for the covert operation which
was being carried out by Scientology agents within the United
States Department of Justice,
119/ "JUDY action" was a referance within the Information
Burau to the burglaries and thefts of documents which had taken place
at the Department of Justice. It was also later used as a euphemism
for burglaries in general.
120/ Handwriting ecpert James Miller concludes that it is
"probable" that the signatures "Dick" on pages two
and four of Government Exhibit No. 96 were written by the defendant
Weigand. Moreover, Mr. Meisner regognizes the signature as being in the
handwriting of the defendant Weigand.
121/ See Government Exhibit No. 2, supra.
123/ Government Exhibit No. 99 contains a few of the documents
summarized in Government Exhibit No. 98. Sec, e.g., Government
Exhibit No. 99 marked by Mr. Meisner as page
125/ Mr. Meisncr identifies the initials "GW" in the routing on
the Hermann/Cooper letter as having been written by the defendant
Willardson.
126/ Government Exhibits Nos. 103 and 104 were seized by Special
Agent William Cohendet from Room 14 in the Information Bureau at
the Cedars Complex.
127/ Mr. Meisner identifies on Government Exhibit No. 103 a
handwritten notation in the defendant Hermann/Cooper's
handwriting.
128/ Government Exhibit No. 105 was seized by Special Agent Jack
C. Thorpe from Room 4 in the Information Bureau at the Cedars
Complex.
129/ On December 18, 1976, the defendant Hermann/Cooper sent
"Project Troy" to the defendants Heldt and Weigand pursuant to
the request of the defendant Weigand. Weigand had directed
Hermann/Cooper to write "a project to get prediction on future
IRS actions." The attached "Project Troy" called for the
placement of a permanent bugging device in the office or the IRS
Chief Counsel. Thus, the Guardian's Office would be able to
monitor all "IRS planned actions as regards the C of S of C
[Church of Scientology of California] exemption so that Legal can
be briefed to take effective action." (Government Exhibit No. 110
at pp. 2-4.) A "CSW" from the defendant Weigand to the defendant
Heldt dated December 20, 1976, requests that "Project Troy" be
approved as soon as possible. The defendant Heldt approved the
project by initialling the line entitled "ok". (Government
Exhibit No. 110 at p. 1.). Handwriting Expert James Miller
concludes that it is "probable" that that initial belongs to the
defend- ant Heldt. Mr. Meisner identifies it as the writing of
the defendant Heldt. Other conlusions of Mr. Miller: the hand-
written note "I need to see Dick [Weigand] on this after his
Session" and initial-"positive" in the defendant Heldt's
handwriting; the word "secret" on the upper portion of the
first page-"highly probable" in the defendant Weigand's
handwriting; the signature "Mike" on page two and the ending
"Love Mike" on page four-"probable" by the defendant
Hermann/Cooper. Mr. Meisner identifies those two signtures and
the entry "Phoned into DC 12/21/76" in the upper right- hand
corner of page one as in the handwriting of the defendant
Hermann/Cooper. Government Exhibit No. 110 was seized by Special
Agent William J. Pettit from a file cabinet in the Information
Bureau of the Cedars Complex.
130/ Government Exhibit No. 114 was seized and initialed by
Special. Agent Henry L.Williams from the office of the defendant
Raymond at the Cedars Complex. The document was inventoried and
also initialed by Special Agent Raymond Mislock.
131/ On June 11, 1976 the defendant Richard Weigand had written a
lengthy report to Deputy Guardian for Information World-Wide Mo
Budlong, outlining the events which had taken place In the United
States Courthouse in the District of Columbia. The defendant
Weigand also explained the manner in which the defendant Wolfe
and Mr. Meisner could be traced to the Church of Scientology, as
well as the story to be given to law enforcement investigators.
See Government Exhibit No. 116. A copy of that report was sent to
the "CS-G", defendant Mary Sue Hubbard. That report was written
in code. It was seized by Federal Bureau of Investigation Special
Agent Harold R. Brunson from the area immediately outside the
office of the defendant Raymond at the Cedars Complex. It was
inventoried and initiated by Special Agent Michael Ray Napier.
Government Exhibit No. 185 (Code ISIS) was seized by Special
Agent Eusebio Bonavidez from a file cabinet in the defendant
Willardson's office at the Cedars Complex. Code ISIS had an
attached cover letter from Mr. Mo Budlong to the then Deputy
Guardian for Information, the defendant Duke Snider, in which Mr.
Budlong directed that Code ISIS was to be used only for
dispatches between the United States Guardian's Office and the
World-Wide Guardian's Office. Mr. Meisner identifies the
handwriting at the top of that page as that or the defendant
Snider, and the signature and handwriting the bottom of the page
as that of Mr. Budlong. Special Agent Arthur R. Eberhardt, a
cryptanalysis expert with the Federal Bureau of Investigation in
Washington, D.C., has examined Government Exhibit No. 116 and
Code ISIS (Government Exhibit No. 188). He concludes that the
coded text within Government Exhibit No. 116 used two differant
methods of a substitution code - "digital" and "word
or phrase". The
"digital" code substitutes digits 10 through 99 for the various
letters of the alphabet. The "word and phrase" code substitutes a
word or phrase for a plaintext word or phrase. He also finds that
Code ISIS (Government Exhibit No. 188) is the code which was used
to encode Government Exhibit No. 116. Thus, using Code ISIS he
decoded that Government Exhibit No. 116 by placing the decoded
letters and words above the coded ones. See Government Exhibit
No. 212.
132/ Dr. Gerald Nankin, an optometrist with offices on Hollywood
Boulevard in Los Angeles, California, sold a pair of contact
lenses to Mr. Meisner on June 14, 1976.
133/ Mr. Kimmel had been selected to replace Mr. Meisner, who
during his meetings in Los Angeles in February 1976, had been
slated to become National Secretary for the United States.
134/ Mr. Keith Shelton, Chief of the National Office Branch of
the IRS and custodian of the time and attendance records, states
that the defendant Wolfe used eight hours of sick leave on June
14, 1976, and six hours of sick leave and two hours of annual
leave on June 15, 1976.
135/ Government Exhibit No. 108 was seized by Special Agent Gary
Aldrich from the office of the defendant Willardson at the Cedars
Complex. Handwriting expert James Miller positively identifies
the notation "G. I'll read it later. L.D." located on the front
page of that report as the handwriting of the defendant Weigand.
Mr. Meisner also identifies the initials "GW" in the upper
portion of the front page as having been made by the defendant
Willardson.
136/ Government Exhibit No. 117 was seized by Special Agent
Brunson from the area immediately outside the main office of the
defendant Raymond at the Cedars Complex. It was inventoried and
initialed by Special Agent Napier.
137/ Located above some of the more incriminating words on
Government Exhibit No. 117 are the coded words which were to be
substituted later. These words are identical to those in code
ISIS (Government Exhibit No. 188). Mr Meisner recognizes the
initials next to the title "DG Info US" as having been written by
the defendant Weigand, and the signature on that document as that
of the defendant Hermann/Cooper.
138/ Government Exhibit No. 118 is also in code. Special Agent
Eberhardt of the Cryptanalysis Section of the FBI Laboratory,
decoded that document using code ISIS (Govern- ment Exhibit No.
188). See Government Exhibit No. 216 for the decoded version of
the instant document. That document was seized by Special Agent
Brunson from the area outside the defendant Raymond's office at
the Cedars Complex. Handwriting expert James Miller concludes
that it is "probable" that the defendant Weigand signed this
letter. Moreover, Mr. Meisner identifies that signature as having
been written by the defend- ant Weigand. The initials "DW:jf" are
those of the defendant Weigand and his secretary Janet Finn.
139/ Government Exhibit No. 119. was seized by Special Agent
Brunson from the area outside the defendant Raymond's office at
the Cedars Complex.
140/ Handwriting expert James Miller concludes that it is
"probable" that the defendant Weigand wrote the signature "Dick"
on pages one and four of the document, and that the initial next
to the title "DG US" on the first letter was written by the
defendant Heldt. Mr. Meisner recognizes both signatures as having
been written by the defendant Weigand, and the initial in
question as having been written by the defendant Heldt.
141/ See Government Exhibit No. 119 at pp. 1, 3-4. A copy of
Government Exhibit No. 120 was sent to CSG Assistant for
Information Jimmy Mulligan who, on July 6, 1976, requested the
defendant Weigand to provide him with translations of the Code.
The defendant Weigand responded in a letter dated July 13, 1976.
See Government Exhibit No. 122. Government Exhibits Nos. 119,
120, and 122 were seized by Special Agent Brunson from the area
outside the defendant Raymond's office at the Cedars Complex. Mr.
Meisner identifies the signature "Jimmy" On the 6 July letter as
having been written by Mr. Mulligan.
142/ Government Exhibit No. 121 was seized by Special Agent
Brunson from the office of the defendant Raymond at the Cedars
Complex. Mr. Meisner identifies the signature on the July 2
letter as having been written by the defendant Hermann/ Cooper.
143/ Government Exhibit No. 123 was seized by Special Agent
Brunson from a file cabinet in Room 10 at the Cedars Complex. Mr.
Meisner identifies the signature on that exhibit as that of Mr.
Moxon with whom he had worked closely for two years. He also
recognizes the initials of the defendant Weigand in the routing
portion of the letter.
144/ Government Exhibit No. 124 was seized by Special Agent
Brunson from a file cabinet in Room 10 in the Information Bureau
at the Cedars Complex.
146/ Government Exhibit No. 125 was seized by Special Agent
Brunson from a file cabinet outside the office of the defendant
Raymond in Room 15 at the Cedars Complex. Mr. Meisner was ordered
to change his appearance so as to create "the image of an aging
guy wanting to look hip as a means of regaining his youth a bit,"
to wear a "mod wardrobe," to shave his head, to wear contact
lenses, to have a tooth capped, to lose or gain some weight, and
to wear earth shoes to change his posture.
147/ Government Exhibit No. 126 was seized by Special Agent
Brunson from a file cabinet outside the defendant Rayinond's
office at the Cedars Complex.
148/ Mr. Meisner identifies the handwritten notations on the
lower half of this letter as having been written by the defendant
Hermann/Cooper.
149/ The defendant Weigand's perception in this regard was, of
course, erroneous.
150/ Government Exhibit No. 127 was seized by Special Agent
Brunson from a file cabinet outside the defendant Raymond's
office at the Cedars Complex. Mr. Meisner identifies the initials
next to the words "Info" and "Return" as having been written by
the defendant Heldt.
151/ Government Exhibit No. 128 was seized by Special Agent
Brunson from a file cabinet located outside the defendant
Raymond's office at the Cedars Complex. Mr. Meisner identifies
the handwriting around the caption of the September 21, 1976
letter, from the defendant Hermann/Cooper to the defendant
Weigand, as that of the defendant Hermann/Cooper.
153/ Government Exhibit No. 131 was seized by Special Agent Henry
L. Williams from the desk of the defendant Cindy Raymond at the
Cedars Complex. It was inventoried and initialed by Special Agent
Raymond Mislock.
154/ Government Exhibit No. 132 was seized by Special Agent
Raymond Mislock from a file cabinet located in Room 30 of the
Information Bureau at the Cedars Complex.
155/ The other buildings listed in that letter include the Post
Office, the Labor Department's National Office, the Federal Trade
Commission, the Department of the Treasury, the U.S. Customs
Building, the Drug Enforcement Administration, the American
Medical Association's law firm offices in Washington D.C., and
the offices of the law firm representing the St. Petersburg
Times, also in Washington, D.C. Handwriting expert James Miller
concludes that it is "highly probable" that the signature "Dick"
at the end of the October 8 letter was written by the defendant
Weigand. Mr. Meisner, himself, recognizes that signature as in
the handwriting of defendant Weigand, and explains that the
initials "DW/jf" to the left of the signature are those of the
defendant Weigand and his communicator (secretary) Janet Finn.
156/ For another series of letters to the defendant Mary Sue
Hubbard discussing the District of Columbia incident and the
Wolfe/Meisner situation, see Government Exhibit No. 130, which
includes a "CSW" from Mr. Meisner to the defendant
157/ Government Exhibits Nos. 133 and 134 were seized by Special
Agent Brunson from a file cabinet in room 10 at the Cedars
Complex.
158/ Handwriting expert James Miller concludes that it is
"probable" that the handwritten initials next to the words
"mission approved" on page one of Government Exhibit No. 134 were
written by the defendants Heldt and Weigand. Similarly, Mr.
Miller finds it "probable" that the initials and date next to the
title "DG Info US" on page one are in the hand- writing of the
defendant Weigand, and the initial next to item 2 (vital targets)
on page two is probably in the handwriting of the defendant
Heldt. Mr. Meisner identifies those initials as in the
handwriting of the defendants Weigand and Heldt respectively, as
he does all of the handwriting on page three as that of the
defendant Hermann/Cooper. Mr. Meisner also identifies the
signature "Mike" at page one of Government Exhibit No. 134 and
the handwriting on pages three and five of Government Exhibit No.
133 as that of the defendant Hermann / Cooper.
159/ Government Exhibit No. 137 was seized by Special Agent
Brunson from a file cabinet located outside the office of the
defendant Raymond.
160/ Government Exhibit No. 135 was seized by Special Agent
Brunson from a file cabinet in Room 10 in the Information Bureau
at the Cedars Complex. Mr. Meisner identi- fies the handprinting
on that letter above the typewritten words as being in the
handwriting of the defendant Raymond. He further recognizes the
initial next to the title "DG US" as having been written by the
defendant Heldt.
161/ Government Exhibit No. 136 was seized by Special Agent John
C. Kammerman from Room 15 in the Information Bureau at the Cedars
Complex. It was inventoried and initialed by Special Agent
Michael Ray Napier. -
162/ Government Exhibit No. 138 was seized by Special Agent
Kammerman from a file cabinet in Room 15 in the Information
Bureau at the Cedars Complex. It was initialed by Special Agent
Napier.
163/ Government Exhibit No. 139 was seized by Special Agent
Kammerman from a file cabinet in Room 15 in the Information
Bureau at the Cedars Complex. It was initialed by Special Agent
Napier. At that time, the defendant Raymond held the position of
National Secretary for the Information Bureau in the United
States. Mr. Meisner identifies the handwritten word "Secret" at
the top of page one as having been written by the defendant
Hermann/Cooper.
164/ Government Exhibit No. 141 was seized by Special Agent
Brunson from a file cabinet outside Room 15 at the Information
Bureau at the Cedars Complex. It was inven- toried and initialed
by Special Agent Napier.
165/ Handwriting expert James Miller concludes that it is "highly
probable" that the writing "Love, Dick" at the end of that letter
is that of the defendant Weigand. Government Exhibit No. 142 was
seized by Special Agent Brunson from a file cabinet outside Room
15 in the Cedars Complex. It was inventoried and initialed by
Special Agent Napier.
166/ As mentioned _supra_, at page 212, a previous Grand Jury of
that Court had, in October, issued a subpoena directing the
Church of Scientology to surrender the personnel records and
exemplars of Michael Meisner's known handwriting. See also
Government Exhibit No. 214 for the Grand Jury docket entry
reflecting Agent Hansen's appearance.
167/ See page five of Government Exhibit No. 143 and compare to
Government Exhibit No. 141 at page 2 et seq. Handwriting expert
James Miller concludes that it is "highly probable" that the
signature "Love, Mike" at page four was written by the defendant
Hermann/Cooper. Mr. Meisner identi- fies that signature, as well
as the one on page six, and the handwriting in the routing
portion of page one as having been written by the defendant
Hermann/Cooper. A copy of Government Exhibit No. 143 was sent to
the "CSG", defendant Mary Sue Hubbard, and to the defendant
Raymond. Government Exhibit No. 143 was seized by Speical Agent
Kammerman in a file cabinet In Room 15 of the Cedars Complex. It
was inventoried and initialed by Special Agent Napier.
168/ Handwriting expert James Miller has reached the following
conclusions: "positive" that the notation "Cindy's copy" on page
one, the entire fourteen-line handwritten
notation on page two, and the notations in the right- hand
margins of pages three, four and seven, are all in the
handwriting of the defendant Raymond. Mr. Meisner also identifies
the notation in the left-hand margin of page one as having been
written by the defendant Raymond, and the notation in the upper
portion of page 5 as having been written by the defendant
Hermann/Cooper. Government Exhibit No. 144 was seized by Special
Agent Kammerman from a file cabinet in Room 15 in the
Inform-ation Bureau in the Cedars Complex. It was inventoried and
initialed by Special Agent Napier.
169/ During the same period the defendant Hermann/Cooper
requested Paul Klopper the Lecal Branch II Director U.S., to
research whether the United States Attorney's Office could still
conduct a grand jury investigation if the defendant Wolfe entered
a guilty plea. (Government Exhibit No. 145.) Govern- ment Exhibit
No. 145 was seized by Special Agent Aldrich from a file cabinet
in the office of the defendant Willardson at the Cedars Complex.
Government Exhibit No. 146 was seized by Special Agent Kammerman
from a file cabinet in Room 15 of the Information Bureau at that
complex. The latter document was inventoried and initialed by
Special Agent Napier. Mr. James Miller, the handwriting analyst,
concludes that it is "probable" that the signature "Mike" on
Government Exhibit No. 146 was written by the defendant
Hermann/Cooper. Mr. Meisner identifies that signature as that of
the defendant Hermann/Cooper.
170/ Rule 4(a)(1) of the _Rules of the United States District
Court for the District of Columbia_ provides that indictments are
to be returned within forty-five days of any arrest which
occurred prior to July 1, 1976.
171/ See Government Exhibit No. 147 at page three where the
defendant Raymond indicated that the defendant Hermann/ Cooper
"was badly suppressing the lines and giving no or false
information, keeping both Legal and BI in a confusion as to
exactly what to do." Government Exhibit No. 147 was seized by
Special Agent Brunson from a file cabinet outside Room 15 of the
Cedars Complex. It was inventoried and initialed by Special Agent
Napier.
172/ During the few months prior to March 1977, the defendant
Raymond had shown Mr. Meisner much of the
correspondence within the Guardian's Office concerning ongoing
research for the cover-up. See, e.g., Government Exhibits Nos.
147A and 147B. Handwriting expert James Miller positively
identifies the handwriting of the defendant Raymond on the
following pages: page one - the notation "A Rush"; page two - the
three-line handwritten notation in the middle of the first line;
pages four, five and six - the handwritten notations; page nine -
the handwriting at the bottom of the page; page thirteen - all
writings in both margins; page seventeen - the handwritten
notation in the upper portion of the right margin. Mr. Miller
also positively identifies the initials and date next to the
title "DG I US" in the routing portion of page one as being in
the handwriting of the defend- ant Weigand. Moreover, Mr. Meisner
identifies the initials next to the title "DG US" on that same
routing as being in the handwriting of the defendant Heldt.
173/ Government Exhibit No. 148 was seized by Special Agent
Brunson from a file cabinet located outside Room 15 in the
Information Bureau at the Cedars Complex. It was initialed and
inventoried by Special Agent Napier. Handwriting expert James
Miller positively identifies the defendant Heldt as the writer of
the entire handwritten letter beginning at page six of this
exhibit.
174/ Government Exhibit No. 149 was seized by Special Agent
Aldrich from a file cabinet in the defendant Willardson's office
in the Cedars Complex.
175/ By memorandum dated 12 April 1977, Brian Andrus informed the
defendant Weigand that Mr. Meisner (Herb) had inquired about the
delay in receiving a response from the defendant Weigand to his
letter of 7 April 1977. (Government
Exhibit No. 150.) In a handwritten note on that memorandum, the
defendant Weigand responded that he had not as yet read Mr.
Meisner's letter, and that he wished to receive Andrus' and
Raymond's proposals before responding. The handwriting analyst,
Mr. James Miller, concludes that it is "probable" that that
notation was written by the defendant Weigand. Mr. Meisner
identifies that notation, and the initials next to the title "DG
I US", as having been written by the defendant Weigand. He also
recognizes the signature on the memorandum as that of Mr. Andrus.
Government Exhibit No. 150 was seized by Special Agent Henry
Williams in the defendant Raymond's desk at the Ccdars Complex.
It was inventoried and initialed by Special Agent Mislock.
176/ Government Exhibit No. 151 was seized by Special Agent Henry
Williams fron the defendant Raymond's desk at the Cedars Complex.
It was inventoried and initialed by Special Agent Mislock.
177/ Government Exhibit No. 152 was seized by Special Agent
William R. Stovall from the defendant Heldt's desk at the Fifield
Manor. Mr. Meinner identifies the whole letter as being in the
handwriting of Ms. Kember.
178/ Handwriting expert James Miller positively concludes that
the defendant Heldt was the writer of the two letters to Mr.
Andrus contained in Government Exhibit No. 153. That exhibit was
seized by Special Agent Williams from Room 15 in the Information
Bureau at the Cedars Complex. It was inventoried and initialed by
Special Agent Mislock.
179/ Government Exhibit No. 154 was seized by Special Agent
William R. Stovall from defendant Heldt's desk at the Fifield
Manor. Mr. Meisner identifies the signature on page five as
having been written by Mr. Andrus.
180/ Government Exhibit No. 156 was seized by Special Agent
Stovall from the defendant Heldt's desk. Mr. Meisner recognizes
Ms. Rezzonico's signature at page three of that letter.
181/ Handwriting expert James Miller concludes that the entire
letter was written in the defendant Heldt's handwriting. The
letter was seized by Special Agent Stovall from the defendant
Heldt's desk at the Fifield Manor.
182/ Government Exhibit No. 158 was seized by Special Agent
Hillman from Room 15 in the Information Bureau at the Cedars
Complex. It was inventoried and initialed by Special Agent
Gonzales.
183/ Government Exhibit No. 159 was seized by Special Agent
Daniel P. LeVine from the defendant Heldt's desk at the Fifield
Manor.
184/ For a detailed report of that meeting, see Govern- ment
Exhibit No. 160. That exhibit was seized by Special Agent
Frederick S. Hillman from a file cabinet in the defendant
Raymond's office. It was inventoried and initialed by Special
Agent Martin A. Gonzalez.
185/ See Government Exhibits Nos. 161 and 162 at pages four. The
second document is a coded version of the first one. They were
both seized by Special Agent Aldrich from the defendant
Willardson's office. Mr. Meisner identifies the signature "Brian"
on pages four and eight as having been written by Mr. Brian
Andrus.
186/ This incident is detailed by the defendant Weigand in a 2
May 1977 letter, to Mr. Budlong (Government Exhibits Nos. 161 and
162.) The routing on that letter indicates that copies of it were
sent to the defendants Mary Sue Hubbard and Henning Heldt, and to
GWW Jane Kember.
187/ In that "CSW", the defendant Raymond requested $202.48 for
Mr. Meisner's guards' expenses, including food, and a fine for
one of the guard's car, which had been towed. Handwriting expert
James Miller positively identifies the handwritten note at the
top of page one next to the title "DG US" as having been written
by the defendant Raymond. Mr. Miller further identifies the
initial next to Mr. Heldt's title and next to the word "approved"
on page two as probably having been written by the defendant
Heldt. Mr. Meisner identifies that initial as having been written
by the defendant Heldt. He also recognizes the signature at the
bottom of page two and the handwriting on that page as that of
the defendant Raymond. Mr. Miller also positively identi- fies
the following handwriting on the envelope appended to the end of
the exhibit: ."A Rush" - positively written by the defendant
Raymond; "Good - disp rec'd. Love H." - positively written by the
defendant Heldt; the initial next to the title "DG US" - probably
made by the defendant Heldt.
188/ See Government Exhibit No. 164 at P. 3 et seq. That exhibit
was seized by Special Agent Aldrich from the defendant
Willardson's office at the Cedars Complex.
189/ Meisner's account of the events of the first days in May is
corroborated by the defendant Weigand in a letter to Mr. Budlong,
by Mr. Andrus in a letter to the defendant Heldt, (see Government
Exhibit No. 164), and by the defendant Weigand in a letter, dated
May 8, 1977 to the defendant Heldt. (See Government Exhibit No.
165.) According to Mr. Miller, the handwritten letter signed "H"
and addressed to "Herb", located at page six and seven of
Government Exhibit No. 164, was written in its entirety by the
defendant Heldt. Mr. Meisner concurs in that finding. Handwriting
expert Miller, concludes that the defendant Heldt wrote the note
to Brian Andrus on the 5 May 1977 letter appended to the
Government Exhibit No. 165. Mr. Miller also finds that it is
"probable" that the defendant Heldt wrote the initial next to the
title "DG US" on that letter. Mr. Meisner identifies that initial
as having been written by the defendant Heldt. Furthermore, he
recognizes the signature at the end of that letter as having been
written by Mr. Brian Andrus.
190/ In a letter dated 13 May, the defendant Willardson
instructed the defendant Raymond to take control of the guards.
He complained that they could not involve any more Information
Bureau personnel in this matter. See Government Exhibit No. 167.
Page four of that exhibit included a weekend guard schedule for
"Herbert" (Mr. Meisner). It listed the following individuals as
guards: Jim Douglass, Chuck Reese, Peeter Alvet, John Lake,
George Pilat, and Gary Lawrence. Handwriting expert James Miller
concludes as follows: "positive" that the first two pages were
handwritten by the defendant Willardson; "positive" that the
notation on the third page from "Cindy" to "Greg" was written by
the defendant Raymond; and "positive" that the handwritten
notation on the last page addressed "Dear Cindy" was written by
the defendant Willardson. Government Exhibit No. 167 was seized
by Special Agent Hillman from Room 15 at the Cedars Complex. It
was inventoried and initialed by Special Agent Gonzales.
191/ The defendant Raymond immediately notified her new superior,
Temporary Deputy Guardian for Information US (T/DG I US) Brian
Andrus, of Mr. Meisner's telephone call to her and of the
defendant Heldt's telephone discussion with Mr. Meisner that
evening. She concluded that "[t]he only thing I can think of is
that we work a _cover_story_ that he is trying to blackmail the
Church for money by pretending that the Church harbored him for
the last months making the Church a party to the crime."
(Emphasis added.) (Government, Exhibit No. 168.)
192/ Government Exhibit No. 170 was seized by Special Agent
Williams from a desk in Room 15 at the Cedars Complex. It was
inventoried and initialed by Special Agent Mislock. Mr. Meisner
identifies the handwriting notation "changed by verbal order" as
having been written by the defendant Raymond, and the signature
"Brian" as having been written by Mr. Andrus.
193/ United States District Court Clerk James F. Davey states
that the records of that court reveal that the October 1976 Grand
Jury had been sworn in on October 13, 1976, and was authorized to
conduct investigations and hear evidence on behalf of the Court
on June 10, 1977. Its term did not expire until April 1978.
194/ The underscored portions of the declaratoins of the
defendant Wolfe were material to the Grand Jury and the
Indictiment charges that the Defendant Wolfe "then and there well
knew, were false."
195/ The complete transcript of Mr. Wolfe's Grand Jury testimony
is submitted to the Court as evidence, and is incorporated as
part of this record. See Government Exhibit No. 215.
196/ Government Exhibit No. 173 was seized by Special Agent
William R. Stovill from the defendant Heldt's desk at the Fifield
manor.
197/ Mr. Meisner identifies the handwriting of the defendant
Raymond at page five, the margins at page ten, eleven, thirteen,
twenty-one through twenty-four and at the bottom of page
twenty-six.
198/ Government Exhibit No. 173 was seized by Special Agent
Levine from the defendant Heldt's desk at the Fifield manor.
199/ Appended to the Wolfe Grand Jury debrief were two newspaper
clippings from the Washington Post and Washington Star, regarding
Wolfe's sentencing.
200/ Handwriting Expert James Miller has positively identified
the defendant Heldt as the writer of the entire letter marked
Government Exhibit No. 171.
201/ Government Exhibit No. 172 was seized by Special Agent
Williams from a desk in room 15 of the Informaton Bureau in the
Cedars Complex. It was inventoried and initialed by Special Agent
Mislock. Mr. Meisner identifies the signature at the end of that
letter as that of Mr. Andrus.
202/ Government Exhibit No. 174 was seized by Special Agent
Williams from a desk in Room 15 in the Information Bureau in the
Cedars Complex. It was inventoried and initialed by Special Agent
Mislock.
203/ Government Exhibit No. 175 was seized by Special Agent
Aldrich from the defendant Willardson's office in the Cedars
Complex. Handwriting Expert James Miller concludes that it is
"probable" that the signature "Greg" is in the handwriting of the
defendant Willardson. Mr Meisner indenti- fied that signature as
being in the handwriting of the defendant Willardson.
204/ Government Exhibits Nos. 176 an 177 are identical. However,
they were seized by the PBI from two different locations.
Government Exhibit No. 176 was seized by Special Agent Levine
from the defendant Heldt's desk at the Fifield Manor; Government
Exhibit No. 177 was seized by Special Agent Williams from the
desk in Room 15 in the Information Bureau it the Cedars Complex.
The later document was inven- toried and initialed by Special
Agent Mislock.
205/ Government Exhibit No. 177 was seized by Special Agent
Aldrich from a file cabinet in the defendant Willardson's office
at the Cedars Complex
206/ Brian Andrus, in a letter dated 22 Hune, 1977, informed the
defendant Willardson that he had contacted Mr Meisner's wlfe on
June 21 and briefed her about her husband's unautthorized
departure from his apartment. She was ordered to notify Andrus
immediately upon being contacted by Mr. Meisner. She was directed
"not to take any instructions from him, but to simply
ack[nowdledge] him and contact me." See Government Exhibit No.
132 seized by Special Agent Williams from a desk in Room 15 of
the Information Bureau at the Cedars Complex. It was inventoried
and initialed by Special Agent Mislock.
207/ Government Exhibit No. 219 is the directive regarding "Red
Box". It orders that "[a]ll the Red Box material from you areas
must be centrally located, together in a movable container
(ideally a briefcase), locked, and marked." Appended to that
document is the "Red Box Data Information Sheet" which defines
"what is a Red Box?" Under that definition, "Red Box" includes:
a) Proof that a Scnist is involved in criminal activities. b)
Anything illegal that implicates MSH, LRH. c) Large amount of
non-FOI docs. d) Operations against any government group or
persons. e) All operations that contain illegal activities. f)
Evidence of incriminating activities. g) Names and details of
confidential financial accts. Government Exhibit No. 219 was
seized by Special Agent Aldrich from the defendant Willardson's
office in the Cedars Complex.
208/ Government Exhibit No. 179 was seized by Special Agent
Aldrich from a file cabinet in the defendant Willardson's office
in the Cedars Complex. Handwriting expert James Miller positively
concludes that the signature on that letter was written by the
defendant Hubbard.
209/ Handwriting expert James concludes positively that the
notation on the lower part of that letter "Mary, Could you please
clarify this? GW" was written by the defend- ant Willardson. Mr
Meisner identifies the four-lines of text signed "M" as having
been written by Ms. Rezzonico.
210/ Handwriting expert James Miller concludes that he is
"positive" that the telex was written by the defendant
Willardson. He also identifies the initials and letters "OK'd"
next to the title "DG US" on the envelope appended to the telex
as probably in the handwriting of the defendant Heldt. Mr.
Meisner identifies the initials and letters as having been
written by the defendant Heldt. Government Exhibit No. 180 was
seized by Special Agent Aldrich from a file cabinet in the
defendant Willardson's office in the Cedars Complex.
211/ Government Exhibit No. 181 was seized by Special Agent
Williams from a desk in Room 15 of the Information Bureau in the
Cedars Complex. It was inventoried and initiated by Special Agent
Mislock.
212/ Handwriting expert James Miller concludes that he is
"positive" that the signature "Mary Sue" on the June 21 letter
was written by the defendant Hubbard. He also stated that it is
"probable" that the signature "Greg" on the June 22 letter was
written by the defendant Willardson. Mr Meisner identifies both
signatures as thos of the defendants Hubbard and Willardson
respectively. Government Exhibit No. 183 was seized by Special
Agent Aldrich from a file cabinet in the defendant Willardson's
office at the Cedars Complex.
213/ Government Exhibit No. 184 was seized by Special Agent
Aldrich from a file cabinet in defendant Willardson's office at
the Cedars Complex
214/ Government Exhibit No. 185 was seized by Special Agent
LeVine in the defendant Heldt's desk at the Fifield Manor. Mr.
Meisner identifies the signature on that letter as having been
written by the defendant Willardson.
215/ Handwriting expert James Miller states that he is "positive"
that the bulk of the letter was written by the defendant Hubbard.
215/ Handwriting expert James Miller is "positive" that the
entire letter was written by the defendant Heldt. Additionall,
Mr. Miller finds that the envelope on page one of the series of
letters was handwritten by the defendant Hubbard ("To: DG US,
Frm: CSG").
CARL S. RAUH Leonard B. Boudin
United States Attorney Counsel for Defendant
Mary Sue Hubbard
_____________________ _____________________
RAYMOND BANOUN MICHAEL L. HERTZBERG
Assistant United States Counsel for Defendant
Attorney Mary Sue Hubbard _____________________
____________________
TIMOTHY J. REARDON, III MARY SUE HUBBARD
Assistant United States Defendant
Attorney
_____________________ _____________________
STEVEN C. TABACKMAN PHILIP J. HIRSCHKOP
Assistant United States Counsel for Defendants
Attorney Henning Heldt
Duke Snider
_____________________ _____________________
HENRY F. SCHUELKE, HENNING HELDT
Assistant United States Defendant
Attorney
_____________________ _____________________
JUDITH HETHERTON DUKE SNIDER
Assistant United States Defendant
Attorney
_____________________
ROGER ZUCKERMAN
Counsel for Defendants
Richard Weigand Gregory Willardson
_____________________
ROGER SPAEDER
Counsel for Defendants
Richard Weigand -
---------------------
RICHARD WEIGAND
Dcfendant
_____________________
GREGORY WILLARDSON
Defendant
_____________________
MICHAEL NUSSBAUM
Counsel for defendants
Cindy Faymond Mitchell Hermann
_____________________
EARL C. DUDLEY
Counsel for Defendants
Cindy Raymond Mitchell Hermann
_____________________
CINDY RAYMOND
Defendant
_____________________
MITCHELL HERMANN
Defendant
______________________
JOHN KENNETH ZWERLING
Counsel for Defendant
Gerald Bennett Wolfe
_____________________
GERALD BENNETT WOLFE
Defendant
_____________________
LEONARD J. KOENICK
Counsel for Defendant
Sharon Thomas
____________________
SHARON THOMAS
Defendant
Accepted by the court this ___ day of October, 1979.
_________________________
CHARLES R. RICHEY
UNITED STATES DISTRICT JUDGE
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