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
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.