If anyone wants this as a Word file to try to make it look better, ask in email, Keith
JULY 18, 2001 DRAFT: .
Criminal and fraudulent conduct directed at the courts and defendant in the underlying, related, concurrent and current matters. This R.I.C.O. list, relating to CSI, Barton, Moxon, Kobrin, Paquette, Abelson, Ingram, Miscavige, et al. criminal conduct directed specifically at Graham E. Berry (and not other victims such as Henson, Mayo, Bunker, Prince, Ward, Minton, the United States Govt., et al.) is approx. 75 % complete. Further versions will be modified to include tortious and ethical misconduct by the Church, it's parishioners, employees, agents and operatives. Criminal conduct will be in regular type, tortious conduct in italics and unethical conduct underlined (at least in part). A third column will specifically identify the relevant crimes, torts and ethical breaches. December 20,1993: U.S.District Court Judge Harry Hupp tells Bowles & Moxon to stop "investigating" Graham Berry. Church of Scientology v Fishman & Geertz hearing transcript.
March 31,1994:Berry complains to Bowles & Moxon that it is ignoring Judge Hupp's instruction to stop investigating Berry. Berry letter to Bowles, March 31,1994. April 1,1994 (approx.):Church of Scientology International Office of Special Affairs ("CSI") retain counsel Bowles & Moxon and Investigator Eugene Ingram ('Ingram") to " investigate" Berry. Timothy Bowles Declaration (May 6,1998); Eugene Ingram Declaration (May 6,1998). April 21,1994:Scientology leader Michael Rinder and lawyers Elliot Abelson and Michael Hertzberg (New York) meet with Berry and advise him that they have Berry under investigation and surveillance because they were "aware" it upset Berry. [Former LA Deputy District attorney Abelson is "in house" counsel to the Church of Scientology and former counsel to the Gambino crime family in New York.] Theodore Monroe Declaration executed June 6,1994. April 24,1994:Scientology "investigator" Russell Andrews interviews Peter Mills in Maryland, who concludes, " this investigation was a gross intrusion and invasion of Graham Berry's privacy and was intended to harass him." Peter Mills Declaration executed May 10,1994. April 28,1994:Abelson informs Berry that CSI had instructed Ingram to continue the Berry investigation in New Zealand, Australia, England, New York and California. Abelson also states that "in April…he had found nothing that…was particularly negative in those [Ingram, etc.investigation] reports" Berry letter to Abelson, April 28,1994; Abelson letter to Berry, May 24,1994. May 2,1994:Abelson confirms that the Ingram investigation of Berry will continue. Abelson letter to Berry, May 2,1994. May 4,1994:The CSI/Moxon/Ingram investigation "led to obtaining the May 5,1994 Declaration of Mr.Cipriano." (" the First Cipriano Declaration.") CSI corporate officer LynnR. Farny Declaration (May 6,1998, 4). May 4,1994:The First Cipriano Declaration was obtained in New York through criminal impersonation of a Los Angeles Police Department Detective and extortion. Ingram had gained access to Cipriano's high security New York apartment building. Cipriano had known Berry for 6 months in New York, 1984-85.Ingram (accompanied by an unidentified woman) told Cipriano that Berry was doing illegal things in Los Angeles, as a Lewis, D'Amato, Brisbois & Bisgaard partner. Ingram said Berry was also involved in seedy sexual encounters with underage gay males and that he had been involved in the activities of Andrew Crispo, a notorious/infamous New York alleged murderer.a) Ingram told Cipriano that he knew there was a State of New Jersey arrest warrant for Cipriano and that he could be arrested very easily. Cipriano felt intimidated by an LAPD detective acting in this manner.b) Ingram told Cipriano he would return the next day with a declaration for Cipriano to sign.c) Later, when Cipriano was absent, Ingram returned, again obtained access to the high security building, and visited Cipriano's wife. This further intimidated Cipriano because Ingram knew embarrassing details about his pre-marital gay life in New York (1980-1986), which his wife did not.d) Cipriano believed that if he did not do as Ingram demanded then his wife would be informed of his pre-marital gay history and he would also be arrested and returned to the New Jersey authorities.e) No one had ever told Cipriano that Berry had had sex with an underage male and Cipriano had no personal knowledge of any. Cipriano never spoke to Ingram about the Anvil. It was Ingram himself who created those statements in the May 5,1994 First Cipriano Declaration.f) Ingram prepared the First Cipriano Declaration. g) The First Cipriano Declaration was extorted, perjured and false. Berry v. Cipriano arose out of it.h) There was never any independent evidence to corroborate the First Cipriano Declaration.i) During Berry v. Cipriano, Cipriano had conversations with Moxon during which he told Moxon that most of the First Cipriano Declaration was an exaggeration by Ingram. Moxon's response was to go for 'corroborating witnesses'. It was also because of Cipriano's historical credibility problems, said Moxon. Robert Cipriano Declaration dated August 9,1999, 14 ("Cipriano Decl. III, 14, Ex__."), Cipriano Depo.T. Vol.II, 64:16-65:4,66:21- 76:21,89:2-106:1.Berry, with corroboration, has denied ever knowing Crispo or his convicted murderer employee Bernard Le Geros, recruited by Ingram and covertly represented by Moxon & Kobrin. _______Cipriano Depo.T.Vol.II, 50:25-51:8.Ingram Declaration 3,4; Cipriano Decl. III, 18-20. Cipriano Decl. III, 14-20.Cipriano depo.T.Vol.II, 144:23: -154:3.Jonathan S. Canno and John Lauricella Declarations; Moxon representations to Judge Williams ("It was in the 1980's.They must have all [40-60] been gay hustlers who all died of AIDs. That is why we cannot find anyone other than Cipriano."Cipriano depo.T.Vol.II, 147:17-148:6. May 6,1994:Berry puts Abelson, CSI and it's other attorneys on notice of the illegal and unethical "investigation" against him. Berry letter to Abelson, May 6,1994. May 9,1994:Berry again advises and complains of the Ingram investigation and details it's abuse. Berry letter to Abelson, May 9,1994. May 19,1994:Rinder/CSI meet in Texas with former scientology leader Vicki Azneran and former CSI/Hemet Base Chief of Security Richard Azneran.CSI pays est.$250,000.00 to the Azneran's to settle Azneran v. Scientology (filed 1998). At the same time they execute a Declaration accusing Berry of criminally altering pages in their declarations in the Fishman/Geertz case. Previously, Vicki Azneran was widely quoted as saying "scientology is a criminal organization day in and day out." May 6,1991,Time magazine. Vicki Azneran Declaration and agreements, dated May 19,1994. May 23,1994:Moxon writes extortion letter to Berry. The "investigation" will be expanded if Berry files a certain document with the court and/or does not stop litigating against CSI and it's attorneys. Moxon letter to Berry, May 23,1994 1, 4,6,8,10,11. May 23,1994:Scientology leader Kurt Weiland "demands" Berry stop people spreading lies about the church and not to file certain declarations with the courts. Weiland letter to Berry, May 23,1994. May 24,1994:Scientology leader Michael Rinder objects to Berry's "evolving declaration" describing the CSI and scientology attorney harassment of Berry. Rinder letter to Berry, May 24,1994. May 24,1994:Abelson writes to Berry:" I can now state that I have received subsequent [to April] information that would not please you." [Referring to the First Cipriano Declaration]. Abelson letter to Berry, May 24,1994,p.6 3. June 3,1994:Former Scientologist Andre Tabayoyan testifies that he was offered $25,000, in Arizona, to commit perjury against Berry and that "the Scientologists have a plan to disbar Graham Berry…" Andre Tabayoyan Decl., executed June 3,1994. June 8,1994:The State of Florida issues an arrest warrant against Eugene Ingram for "falsely impersonating [police] officer". Copy of Warrant. July 8 - 16,1994:Robert Vaughn Young and Stacy Brooks Young meet, for 8 days, in Seattle, Wa. with Scientology leaders Michael Rinder and Michael Sutter who attempt to extort them with threats and offer them $200,000 to commit perjury and allege that Berry had fabricated their expert witness declarations in the CSI v. Fishman / Geertz case. Declaration of Stacy Brooks Young executed December 14,1994 13,15,16,18,19,27 and 36.Declaration of Robert Vaughn Young executed December 14,1994 4,5,6,7,8 and 15). September 30,1994:State of Florida charges Ingram with "Falsely Personating an Officer." a 3rd.degree felony. The charge was not prosecuted within the mandatory three years and was dismissed on October 9,1998 upon motion of CSI representatives. Motion to Dismiss Information and Supporting Papers. [Not included due to volume]. November 7,1994:Bowles writes to Garry Scarff, in Florida, and confirms extortionate demand that he recant prior testimony [in Fishman/Geertz] or the Church and its counsel would file criminal and civil proceedings against Scarff. Bowles letter to Scarff, November 7,1994. November 9,1994:Scientology leader Weiland writes to the New York Daily News and states "whereas people have sent [CSI] information over the last year about Graham Berry's illegal sexual activities,the Church has never released any such information or made any public comment about it." Weiland letter to New York Daily News, November 9,1994, p.6, para.3. November 17,1994:Scarff testifies that Bowles had been pressuring Scarff, in Florida, to totally recant his testimony in the CSI v. Fishman/Geertz case alleging defamation in connection with the May 6,1991 Time Magazine best selling cover story: "Scientology, Thriving Cult of Greed and Power [successfully defended by Berry] Declaration of Garry Scarff executed November 17,1994. November 29,1994:Dr. Geertz, of Florida, advises Berry that Bowles & Moxon are using Ingram to "disrupt his relations with his neighbors, professionals in his field [and his employer] by defaming him by disseminating falsehoods." Dr. Geertz letter to Berry, November 29,1994. November 29,1994:Berry complains to Bowles that Ingram's publicly subsidized [tax free] "investigation" is causing Berry "irreparable and continuing damage". Berry letter to Bowles, November 29,1994. November 30,1994:Berry details the on-going Ingram intimidation/ harassment/extortion to Helena Kobrin, Esq. of Bowles & Moxon. Berry letter to Kobrin, November 30,1994. December 1,1994:Kobrin states that the CSI/Bowles & Moxon/Ingram investigation of Berry is "lawful" and not "harassment of opposing counsel." Kobrin later denied writing this letter. Kobrin letter to Berry, December 1,1994.Kobrin letter to Berry, January 20,1997. January 3,1995:CSI "published" the First Cipriano Declaration to the New Zealand Government. Declaration of Kendrick Moxon,May 6,1998 2,Exh.A. January 18,1995:CSI (via Rinder, Abelson & Drescher), Robert F. Lewis, Esq., and A.I.G. sign [secret] agreement to steal the Fishman/Geertz legal files and declarations. Settlement Agreement dated January 18,1995; Berry Declaration, executed October 23,1996. January 18,1995:Robert Lewis, Esq. signs letter CSI/Rinder/Abelson demand be sent to England's Daily Mirror newspaper, then a Berry client, disavowing the Tabayoyan declaration. Lewis letter to Daily Mirror, dated January 18,1995 February 2,1995:Dr. Geertz's new attorney attempts to retrieve his 200 plus boxes of documents stolen by AIG, CSI and Lewis, D'Amato, Brisbois & Bisgaard. Ford Greene, Esq. letter to Lewis, D'Amato, Brisbois & Bisgaard; Ford Greene fax and enclosures to Berry, dated February 26,1997. March 13,1995:New Zealand Deputy Opposition Leader (a friend of Berry) mails Berry the "highly defamatory" January 3,1995 Moxon/ Farny/ CSI package containing First Cipriano declaration. Caygill letter to Berry, dated March 13,1995. June 9,1995:Dr. Geertz continues to try and retrieve his files from Lewis, D'Amato. His new attorney faces a successful CSI Motion for Summary Judgment before Judge Alexander H.Williams, III in Fishman & Geertz v. CSI (malicious prosecution). The new attorney does not have access to the relevant Dr.Geertz files, which CSI/Lewis/AIG have seized and secreted near the Church's Intelligence Department (OSA) [Annual litigation and investigation budget exceeds $40M]. Lewis letter to Daniel A. Liepold, Esq., June 9,1995. July 6,1995: Lewis, D'Amato release the remaining "stolen Geertz files and CSI v. Fishman/Geertz declarations to Dr.Geertz's new attorney in Fishman & Geertz v. CSI. Robert F. Lewis, Esq. letter to Metropolitan Art Storage, Inc. near CSI premises. July 11,1995:Dr. Geertz's remaining files are transferred from storage under scientology (Helena Kobrin, Esq.) surveillance. CSI objects. Helena K. Kobrin Decl., Esq. and enclosures, executed October 18,1996.Lynn R. Farny Decl., executed October 18,1996. July 20,1995:Abelson and CSI are "shocked" at Lewis releasing Dr. Geertz's files to Dr. Geertz's lawyers in Fishman & Geertz v. CSI. Abelson letter to Lewis, July 20,1996. August 1995:Esquire magazine publishes article on CSI "investigation" of Berry. Esquire magazine, August 1995. August 18,1995:Abelson faxes Berry's partner Lewis, August 18,1995 Internet posting by Berry, seeking "information that can be of assistance in various law suits involving the cult."[It breaches the Secret Agreement restraining Berry from ever litigating against the Church again.] Abelson fax to Robert F. Lewis, Esq. dated August 18,1995. August 23,1995:Berry complains of the continuing CSI/Moxon "defamation by innuendo" investigation. Berry letter to Talon Executive Services Inc., dated August 23,1995. September 1995:BARTON/CAN Reform Group widely publishes "Perversion, Criminality and Lies" and the contents of the First Cipriano Declaration. [In February 1998 Berry learns Barton, Chait, et al. comprise the CAN Reform Group.] CAN Reform Group newsletter, September 1995. October 2,1995:CSI and BARTON/CAN Reform Group continue anon. defamatory Internet posting campaign against Berry, by publishing allegations that Dr. Geertz provided his [28 year old physician] son to Berry in exchange for legal services. Theta.com internet posting transmitted 2 Oct 1995. January 5,1996:Berry requests CSI provide factual support for the "highly defamatory" contents of it's January 2,1995 letter to the New Zealand Government. Berry letter to Farny, dated January 5,1996. February 29,1996:Berry puts CSI, et al on "notice" of its investigatory defects, abuse and potential liability. Berry letter to Farny, January 5,1996. July 19,1996:CAN Reform Group [Barton, Chait, et al.] publishes further defamatory allegations, and the contents of the First Cipriano declaration, to the permanent World Wide Internet where it remains. Internet posting transmittal, July 19,1996. October 10,1996:Scientology litigation expert Lawrence D. Wollersheim opines and testifies that CSI is attempting to "eliminate…Graham Berry…consistent with Scientology' past practice and published policy of attempting, through any means, to deny their opponents access to the courts." Affidavit of Lawrence D.Wollersheim executed October 10,1996. October 23,1996:Wollersheim testifies "there are very few attorneys in the entire country that have the ability, knowledge and guts to litigate with scientology." Affidavit of Lawrence Wollersheim dated October 23,1996. October 29,1996:Dr. Geertz files California State Bar complaint against Jack Quinn, Abelson, Kobrin, and his attorneys Lewis, Gordon Calhoun and Jana Lubert, in connection with the theft, seizure and secretion of his files. The State Bar summarily rejects the complaint at "intake" because Quinn, Abelson and Kobrin were not Geertz's attorneys. Dr. Geertz letter to California State Bar, October 29,1996.California State Bar letter to Dr.Geertz_______. December 11,1996:CSI is discovered "tapping" Berry's telephone. Abelson is on the "tapped" line. Transcript of telephone conversation, December11, 1996;Abelson letter to Berry, dated December 11,1996;Berry letter to Abelson, dated December 13.1996;Abelson letter to Berry, dated December 16,1996;Berry letter to Abelson, dated December 17,1996;Berry letter to Abelson, December 19,1996;Berry letter to Moxon, December 26,1996. January 1997:Russell Shaw's ARS Bigots Home Page publishes the First Cipriano Declaration to the Internet. Shaw [a scientologist working with OSA operations ("Ops")] is sued by Berry as part of Berry v. Cipriano, Barton, Miscavige [Abelson, Moxon and Ingram]. After assisting CSI, Moxon, etc., to overwhelm and force Berry's dismissal, Shaw's counsel settles with Berry for mutual releases and an agreement to testify at deposition. His attorney (David Chodos) tells Berry, Shaw would testify that his Internet site was maintained as a publishing vehicle for an undisclosed third party. Rogues Gallery of ARS Bigots.Berry Decl._______. January 9,1997:Berry complains to Helena Kobrin (Moxon & Kobrin) about her continuing allegedly "lawful investigation" of opposing counsel. Berry letter to Kobrin, January 9,1997. January 14,1997:Berry puts Scientology Colorado counsel [in Scientology v. FactNet] on notice of Scientology harassment of opposing party and his employees in Boulder, Colorado. Berry letter to Jeffrey A. Chase, Esq. dated January 14,1997 February 27,1997:Dr. Geertz executes declaration describing the theft of his files by CSI, Moxon & Kobrin, Lewis, D'Amato and AIG. Declaration and enclosures of Dr. Geertz sworn February 27,1997. April 3,1997:New counsel for Dr. Geertz advises Lewis D'Amato that they caused the filing of Elliot Abelson v. Ford Greene by stealing Dr.Geertz's documents. Ford Greene letter to Mary Whitaker dated April 3,1997. April 30,1997:Cipriano meets with Ingram after discovering the First Cipriano Declaration on the World Wide Web of the Internet. Ingram tells Cipriano that his conviction and probation in New Jersey is "completely over." Cipriano Decl. III, 21-22. May 5,1997:Berry Booklet Part I published on the Internet by nobody @REPLAY.COM (Anonymous). It republished the contents of the First Cipriano Declaration. Deja News Retrieved Document. May 11,1997:Ingram visits Cipriano, copies his personal photographs and takes information as to the identities of those in the photographs. Cipriano Decl. III, 22. July 3-5,1997:Elliot Abelson, Esq., CSI, Michael Rinder and Ken Long fly former CSI/OSA covert operative Garry Scarff from Orlando, FL. to Los Angeles, CA. They intimidate, extort and suborn perjury from him, accusing Berry of falsifying evidence in the CSI v. Fishman/ Geertz case and recanting his testimony in that case. Scarff had testified that he was involved with a Seattle bank theft [for Bowles?], the theft of opposing counsels files and rolodex for Moxon, and a Moxon, Ingram conspiracy to murder opposing counsel Ford Greene and Cult Awareness Network President Cynthia Kisser and her daughter. Overt acts (witnessed by Kisser and anor.) had been taken in furtherance of the conspiracy to murder. Abelson instructs Scarff to fire his attorney Berry. Declarations of Garry Scarff sworn July 4,1997 and August 12,1997;Videotape of Abelson suborning perjury taken July 4,1997.Garry Scarff Depo.T. ________,Garry Scarff Declarations_____. January 21-22,1998:Ingram telephones Cipriano.They meet in a Carpinteria Restaurant. Ingram jokes about the postings, photos and copies of arrest warrants against him on the Internet and claims none of it is true. Advises that Berry may sue Cipriano. Ingram insists that he meet with Cipriano the following day. Ingram discloses that he worked for the Church of Scientology and it's lawyers. Ingram states their spy in Berry's office has obtained a copy of a libel and slander complaint to be filed against Cipriano. Ingram advises Cipriano to avoid service and insists that Cipriano meet with Moxon the next day. .Cipriano Decl. III, 23.Cipriano Depo.T.Vol.II, 122:10-126:14. January 23, 1998:Cipriano meets Moxon and Ingram at Moxon's law office Brand Avenue, Glendale "false front" law office. Ingram misrepresents to Cipriano that Berry is taking children out of the Los Angeles Unified School District and introducing them to the gay lifestyle through millionaire or rich gay affluent males in Hollywood and the Beverly Hills area. He showed Cipriano a "Pride" flyer. Ingram shows Cipriano the draft Berry v. Cipriano lawsuit they have stolen from the Musick, Peeler & Garrett law offices. Cipriano Moxon offers to represent Cipriano at no fee or cost because Cipriano had been helpful to Moxon.In fact, Moxon [a material witness and known probable defendant] does represent Cipriano for free. Cipriano Decl. III, 25 - 28.Cipriano Depo.T. Vol. II, 132:16 -139:3 March 9,1998:Cipriano is served in Berry v. Cipriano, LASC Case No. BC 184355. Cipriano Decl. III, 29. March 15,1998: Ingram impersonates a police officer in Hollywood, California and makes a false bomb allegation. Neal Hamel internet post made March 15,1998. March 21,1998:Cipriano telephones Berry. Requests an immediate meeting at Van Nuys Police Station. Berry is at dinner and declines. Cipriano telephones Moxon and Ingram and also requests an immediate meeting at the Van Nuys Police Station.Cipriano had wanted to " crack heads" in front of law enforcement and settle the defamation and libel matter re the First Cipriano declaration [Berry v. Cipriano, Barton]. Ingram tells Cipriano not to go to the Police. Ingram and Moxon immediately visit Cipriano and then fiancée Christine Gregos at home. CSI OSA faxes the perjured Scarff declaration (July 4,1997) and Moxon offers totally free legal representation to Cipriano in Berry v. Cipriano. Moxon offers Ms. Gregos whatever she wanted to cooperate. Ingram suggests taping any telephone calls from Berry. Moxon leaves message on Berry's answering machine that he is now Cipriano's attorney and Berry is to have no communication with either him or fiancée Christine Geros. Cipriano Decl. III, 30 -33.Cipriano Depo.T.Vol.II, 51:16-52,59:8-17,61:7- 63:25.Another reason Berry did not respond was to avoid any suggestion of discouraging Cipriano from going to the Police-which would have been 'obstruction of justice.' March 23,1998:Moxon faxes Cipriano a California State Bar complaint against Berry for Cipriano to sign and send to the California State Bar. It was for the purpose of harassing Berry and causing him to dismiss the Berry v. Cipriano and related lawsuits. Cipriano Decl. III, 34, Exh. 6,7. March 23,1999:Christine M. Gregos (Accurate Bookkeeping Company) fears Berry will win a judgment against their assets. Cipriano requests Moxon prepare quit claim documents transferring assets into her name only. Cipriano Decl. III, 32, Exh.8. March 25,1998:Cipriano and Moxon meet Gary Soter at Wasserman, Comden & Casselman. Cipriano signs retainer agreements with both Moxon & Kobrin and the Wasserman, Comden & Casselman law firm. [David Casselman being related to Donna Casselman who, as part of the CAN Reform Group, published the First Cipriano Declaration.] Cipriano understood that Soter was retained because of his 'SLAPP' action expertise. Subsequently, they filed an unsuccessful 'SLAPP' motion to dismiss the Berry v. Cipriano lawsuit. In addition, that Moxon likes to use tall, big, heavyset lawyers who are prepared to try and intimidate Berry. The Moxon & Kobrin retainer agreement was backdated to ensure that there was no gap in the attorney client privilege. Both retainer agreements expressly provide that Moxon & Kobrin were responsible for the entire cost of Cipriano's representation. Cipriano meets Soter only once. He next sees him at the vexatious litigant hearing. At no time was there any discussion as to Cipriano being represented by counsel other than Moxon & Kobrin given the connection with CSI. Cipriano saw one invoice for $5,000.00 from Soter to Moxon. Cipriano Decl. III, 36, Exh. 9,10.Cipriano Depo.T.Vol.II, 138:4-145:17. March 26,1998:Moxon arranges for Earthlink Network, Inc., a Church of Scientology related corporation [including Slatkin], to employ Cipriano. Cipriano Decl. III, 37 - 40. April 4,1997: (approx)Cipriano meets with Moxon and tours certain Scientology facilities in Hollywood. Cipriano and Moxon also meet with two others believed to be Isadore Chait and David Miscavige. Moxon offers Cipriano $750,000.00 to co-operate with him in the defense of the Berry v. Cipriano, Barton, Miscavige [Moxon, Abelson, Ingram] case. They discussed wealthy scientologists providing [laundering] the money through a children's charity ('Day of the Child') that would be incorporated. Moxon would assist with funding. Cipriano Decl. III, 42-43.Cipriano Depo. T. Vol. II, 185:20-188:19. April 30,1998:Moxon requests Cipriano to locate 'witnesses' in New York and convince them to testify against Berry. Cipriano Decl. III, 44. May 14,1998:Cipriano emails Moxon with details regarding their incorporation of the Icon Entertainment Group .It was to have its office at Moxon & Kobrin. Cipriano Decl. III, 45,Ex.15. May 23,1998:Cipriano prepares, for Moxon, a SEC Private Placement Offering for Icon Entertainment Group and Day of the Child. It is to solicit funds [for Cipriano] from the Church of Scientology and Church of Scientology members and celebrities. Cipriano Decl. III, 46,Ex.16. May 25,1998:Moxon arranges for Geoffrey Barton to wire Cipriano $2,500.00 .The transaction was intentionally structured to avoid the appearance that Moxon was paying for witness testimony. Cipriano Decl. III, 47,Ex.17. June 1,1998 (approx.):Moxon advises Cipriano that Judge Hiroshige is lame and that the Berry v. Cipriano / Barton case has been moved to Judge Williams, " a friend of the Church of Scientology." [in fact the Judge's fiancée works with CSI, as does Moxon, Barton, Ingram et.al] Cipriano Decl. III, 48.Declaration of Judge Williams______[refusing to recuse himself]. June 17,1998:Moxon wants to disconnect Cipriano from Christine Geros and prevent him from "bolting to the Berry side of the [Berry v. Cipriano/Barton] lawsuit." Moxon moves Cipriano into a Hollywood scientology boarding house owned by an employee of Ingram. Cipriano Decl. III, 49. June 28-30,1998:Moxon coaches Cipriano to commit perjury at his deposition, taken by Barton, in Berry v. Cipriano/Barton. The deposition is to be at the Paul, Hastings, Janofsky & Walker law offices. Cipriano Decl. III, 50. July 1,1998:Samuel D.Rosen of Paul, Hastings, Janofsky & Walker coaches Cipriano to commit perjury at his deposition. Barbara Reeves, Esq., and Scientology leader Michael Rinder are present. Cipriano alleges they are engaged in "hate based" conduct against Berry. Cipriano Decl. III, 51,52. July 2,1998:Ingram meets with Cipriano before Day 2 of the Cipriano deposition in Berry v. Cipriano/ Barton. Ingram wanted Cipriano to deny that Ingram had shown Cipriano a LAPD Detective shield when he obtained the first Cipriano Declaration on May 4/5 1994. Cipriano Decl. III, 53. July 2,1998:Immediately following the completion of Day 2 of the Cipriano deposition in Berry v. Cipriano/Barton, Moxon moves Cipriano to the "Church of Scientology Witness Protection Program" at Palm Springs, near CSI's 'Gold Base' paramilitary heavily armed International HQ. Moxon promised Cipriano he would cover all of Cipriano's expenses and fund the Day of the Child charity. Cipriano believed it was also a reward for his [perjured] deposition testimony in Berry v. Cipriano / Barton. Cipriano Decl. III, 54.Tabayoyan Decl.__________. July 3,1998:Moxon tells Cipriano that there is no problem with $520,000.00 for the first year cost of operating Day of the Child. Moxon does not communicate with Cipriano for several weeks. Cipriano's friend Snodgrass tells Moxon to immediately meet in Palm Springs or Cipriano will "disappear." Moxon handwrites an apology. Cipriano Decl. III, 55 -58, Ex.19.Cipriano Depo.T.Vol.II, 158:18-160:13. July 26,1998 (approx.):Moxon instructs Cipriano to rent a Palm Springs apartment at Moxon's expense. Cipriano Decl. III, 59. July 27,1998:Moxon completes rental application, signs 7-month lease ["Kendrick Moxon and occupant Robert Cipriano"], to rent Unit 236, 280 South Caballeros, Palm Springs, CA for $500.00 per month. Moxon pays the initial $1,074.00.Moxon also directly pays each months rent to the landlord. Cipriano Decl. III, 59, Exs.20, 21,22. July 28,1998:Most weeks, Moxon uses Western Union or Money Gram to send Cipriano expenses" of $500.00 - $1,000.00 for living expenses, groceries and Day of the Child. Checks would be payable to Cipriano and be deposited at the Wells Fargo bank opposite Moxon's office. Cipriano Decl. III, 59. August 6,1998:Moxon federal expresses a letter to Cipriano advising that New Jersey attorney Lloyd Levinson, Esq. had been retained to expunge Cipriano's New Jersey felony conviction so that it could not be used in Berry v. Cipriano/ Barton/ Miscavige [Moxon, Abelson and Ingram]. Levinson is paid $20,000.00. Moxon implies he obtained the money from actor John Travolta. Cipriano Decl. III, 60, --, Ex. 23. September 1,1998:Moxon tells Cipriano that he will incorporate Day of the Child as a non-profit corporation and obtain IRS § 501 (c) (3) tax-free status. After that, Moxon's investors/donors are definite prospects. Cipriano believes this is return for his [perjured] testimony in Berry v. Cipriano/Barton/Miscavige [Moxon, Abelson & Ingram]. Moxon pays for the Nevada incorporation costs. The offices were at the Moxon leased condo in Palm Springs and also the Moxon "false front" 622 Sunset Blvd.office.Mail was received there. Negotiotions (involving scientologist John Ryan) ceased when Berry dismissed Berry v.Cipriano.No documents were filed with the California Secretary of State. Eventually, Cipriano and Snodgrass pay for the §501 (c) status to be filed by the Palm Springs accounting firm Brabo, Carlson & Cahill. Cipriano Decl. III, 61,63,Ex.25.Cipriano Depo.T.Vol.II, 188:22-198:7 September 3,1998:Non-profit Day of the Child World Concert, Inc. incorporated in Nevada. Cipriano is President, Leslie Lamborn is Secretary and Moxon is Treasurer. Each are Directors. Moxon uses the same Palm Springs address as Cipriano and Lamborn. Moxon signs the Bylaws on October 5,1998 and Cipriano and Lamborn do so October 26,1998. Cipriano Decl. III, 22,Ex.25. September 3,1998:Moxon writes to Cipriano stating that he has paid Cipriano's telephone bill and paid a deposit for the Day of the Child telephone. Cipriano Decl. III, 62.Ex.24. September 8,1998:Moxon revises a proposed merger agreement between Day of the Child and Children's Charities of America. Cipriano Decl. III, 63,Ex.25. September 10,1998 (approx.):The Star tabloid publishes a report of Berry filing the CSI v. Pattinson lawsuit naming John Travolta as a defendant. Moxon requests Cipriano to contact the Star and provide the First Cipriano declaration and other information regarding Berry. Cipriano does so. Cipriano Decl. III, 64. September 26,1998:Moxon emails Children's Charities of America and urges them to retain Barbara Reeves, Esq. of Paul, Hastings, Janofsky & Walker as counsel. "Her husband is a Court of Appeals judge." [Hiring her enabled the Church to move the then pending Wollersheim appeal to another panel.] The Paul Hastings law firm will not make money on the retention. At the time Samuel D.Rosen, Barbara Reeves, Michael Turrill and the Paul Hastings law firm were representing Barton in Berry v. Cipriano, Barton, Miscavige (Moxon, Abelson & Ingram) and____ and Religious Technology Center in Pattinson v. Miscavige. Cipriano Decl. III, 65,66, Ex.26). October 6,1998:1) Moxon telephones Cipriano and tells him to lease himself a new Saturn motorcar. His own vehicle had been "repossessed" by former fiancée Christine Geros.The lease is in the name of both Cipriano and Moxon. They both use Moxon and Cipriano's Palm Springs address. The car invoice shows Moxon as the owner and uses his residential address and business and residential telephone numbers.2) Moxon leased Cipriano the car for person use, for his business use, and to travel between Los Angeles and Palm Springs.3) Cipriano understood that these things were being provided [by Moxon et al] to stay the course of the litigation and not to tell the truth. Cipriano Decl. III, 67, Ex.27.Cipriano Depo.T.Vol.II, 153:6-Cipriano Depo.T.Vol.II, 155:13-156:15. October 8,1998: Moxon provides Don Snodgrass with wire transfer information for transferring $18,500.00 to attorney Lloyd Levinson, Esq. in New Jersey to expunge Cipriano's felony conviction before trial in Berry v. Cipriano, Barton, Miscavige [Moxon, Abelson,Ingram]. Cipriano Decl. III, 68,Ex.28. October 26,1998:Moxon and Cipriano hold a special meeting of the Day of the Child directors. They accept Leslie Lamborn's resignation and approve an annual salary of $50,000.00 for Cipriano retroactive to May 1,1998 when he assumed his duties as Executive Director (this was prior to his testimony in Berry v. Cipriano /Barton / Miscavige [Moxon, Abelson and Ingram]). Scientologists Leslie McMillan, Joan Varanelli and Ian Westwood-Booth are elected to the Board of Directors. Cipriano Decl. III, Ex.25. November 3,1998:Moxon requests Cipriano to meet him at his LA law office. He has obtained $20,000.00 to pay the Lloyd Levinson, Esq. felony expungment fee. Moxon implies that it has been paid by John Travolta and suggests Cipriano write and thank Travolta for the money. Cipriano Decl. III, 70,71. November 5,1998 (approx.):Moxon requests Cipriano to federal express Day of the Child information packages to Timothy Bowles, Esq. and Isadore Chait (a defendant in Berry v. Cipriano, Barton, Miscavige [Abelson,Moxon, Ingram] in Clearwater, FL. [a Scientology 'Land Base'] using the Moxon & Kobrin Federal Express account. Cipriano Decl. III, 72.Cipriano Depo.T.Vol.II, 194:21-195:4,203:21-205:4. November 20,1998:1) Isadore Chait, scientologist and CAN Reform Group defendant in Berry v. Barton, Chait, Shaw, et al., writes a $1,000.00 check to Day of the Child c/o Moxon & Kobrin. It is used to open the Day of the Child bank account with its address at the Moxon & Kobrin law offices. Moxon is Chait's lawyer in Berry v. Cipriano, Barton [Chait], Miscavige [Moxon, Abelson, Ingram].2) Other than Moxon & Kobrin, Chait, Barton, the only other Day of the Child funds were some payments by Cipriano's Palm Springs friend Don Snodgrass and the settlement of a bar tab. Cipriano Decl. III, 72,Ex.32.Cipriano Depo.T.Vol.II, 194:21-195:4.Cipriano Depo.T.Vol.II, 194:21-195:4. November 23,1998:Moxon and Cipriano hold a Day of the Child directors meeting. They approved the opening of a corporate bank account, the removal of Leslie McMillan as a director and the election of scientologist John Ryan in her place. Cipriano Decl. III, Ex. 25. November 23,1998:1) Day of the Child is issued an employer ID number 88-0404499. Initially there were problems with the 501(c) (3) .It went to the Deputy Director of the Dept. of the Treasury because of Moxon's involvement as incorporator and director and the role he may have in day to day operation and the handling of funds. Moxon's eventual resignation resolved some of the IRS's problems but the 501 (c) (3) is still unresolved.2) The Day of the Child IRS Form 1023 lists: Cipriano, President, $95,000.00 pa. Donald Snodgrass, Vice President, $60,000.00, Leslie McMillan, Vice President, $40,000.00,Michael Hamra, Director of Internet Sales, $40,000.00 [at the time he was as senior Earthlink executive]. Leslie Labor is listed as Secretary /Director. Moxon is Treasurer/Director. All of them, including Moxon, use Moxon/Cipriano's Palm Springs apartment as their address for IRS purposes.3) Between November 1998 and June 1999 all of Cipriano's financial and professional transactions (all being monies from Moxon, Kobrin, Paquette, CSI and scientologists (John Travolta?) were passed [laundered] through Day of The Child World Concert's bank account c/o the Moxon & Kobrin law office."Moxon… was the main donor or provider of funds for Day of the Child. There were Moxon & Kobrin law firm checks, Western Union Money grams and money from Moxon (CSI-OSA) personally. Cipriano Decl. III, 78, Ex. 25,37.Cipriano Depo.T.Vol.II, 206:11-208:5.Cipriano Depo.T. Vol. II, 195:10-198:11. Insert re Rosen and Moxon Depo questioning, in Berry v. Cipriano/Barton/Miscavige [Moxon, Abelson, Ingram] of all Berry's pro bono representation, eliciting the name and location of Hurtado, and the fact that there had been a pre-representation relationship. Scientology has a scriptural policy called the doctrine of exchange under which nothing is given, by the church or others. There must be money or value traded in exchange for everything, especially church products, processing and "services". The church was outraged tat Berry had provided some of those it was using the law to harass, with free legal representation if they could not afford counsel to defend him or herself against the church. December 1998:1) Ingram makes first uninvited visit to Jenny Berosteguy, Michael Hurtado's maternal aunt and Eloisa Gonzales, Michael Hurtado's maternal grandmother. [Ingram also makes a second visit.]2) Ingram's purpose is to discuss the domestic violence restraining order Jenny had obtained against nephew Michael Hurtado.She "refuses to be his [Hurtado's] victim."3) Ingram shows her some papers about an attorney [Berry] who had mentioned Michael's name. He had [successfully] represented Michael on her restraining order [it was dismissed].4) Ingram wanted a photograph of Michael so she loaned him one, which he had copied. Ingram shows her a copy of a Michael Hurtado note to his then girlfriend offering to "suck her daddy's dick."The girlfriend's parents also obtained a restraining order against Michael.5) Ingram tells her Berry is an attorney who is "interested in young "boys. He shows her a magazine cover picture to of Berry's room-mate [age 22] who Ingram says is a 14 year old model.6) Subsequently she spoke with Moxon twice [AC/AWP Priv.]. See May 2,2000 below.7) Berosteguy did/does not know of any affiliation between Ingram and Moxon.8) Ingram and an unidentified man (not Moxon) pay surprise visit to Hurtado's parents Miguel and Ana Marina Hurtado, his sister Vanessa and a family friend (Thomas?).9) Until Ingram's visit, Michael had never discussed Berry or said anything about him. No-one else but Ingram has said Berry "likes young boys." Before Ingram came to the house Michael had not mentioned any sexual relationship with Berry.10) Ingram told them" Berry is a bad guy, he likes young kids, he likes molesting young people.11) Ingram (and his companion) had "investigated Berry for along time." They had followed him from New York where they had investigated him there. A second floor where Berry had young kids 12, 13, 14."He molested young kids. He was a child molester." He may have taken advantage of (23 yr. old) Michael. 12) They wanted to leave a video of Berry 'talking to Police about Michael" [a depo. tape from Berry v. Cipriano, Barton, Miscavige (Abelson, Moxon, Ingram)].13) She (Hurtado's mother) never discussed Ingram's allegations with Michael who she thinks may be bi-sexual. Michael never told her Berry had molested him. Indeed, Michael had brought a cross-dresser home and taken his mother to a transvestite show in West Hollywood at Santa Monica and Robertson. Ingram also told her that a Michael had a friend Mirella who had a cross-dresser friend, David Percy.14) Michael has problems with drink, drugs and becomes aggressive, violent and abusive. He has stolen things from family and has numerous arrests and police contacts.15) Before they could discuss what Ingram had said with Michael, the very same day Ingram took her, Michael's Dad and the family friend to see lawyer Wager. It was Ingram who asked them to meet with lawyers Moxon and Wager.16) No-one spoke with Michael Hurtado between Ingram's first visit and the meeting with Moxon, Wager and Ingram and the agreement that Michael would fire Berry as his lawyer, replace him with Wager and have Moxon sue Berry on Hurtado's behalf.17) Michael Hurtado's mother has met Moxon 3-4 times. The first time was the day of Ingram's first visit when he took her, Miguel, Vanessa and the family friend to meet with Moxon and Wager. At Wager's office, Wager and Moxon discussed Moxon and Ingram replacing Berry as Hurtado's lawyer. Nobody spoke of fees and they have never received a bill for representation on that drug paraphernalia case. The meeting lasted 1hr.45 mins. Michael was not there [and did not know of the meeting]. It was agreed that Wager would replace Berry, as Michael's lawyer and Miguel Hurtado would tell his son Michael.18) Ingram told her in 1998 that Michael will get money as a result of his case against Berry.19) Ingram visited Hurtado's house and parents 3-4 times. Michael met with Ingram on his second or third visit to the house.20) On the second visit to the house it was the same theme. Berry taking advantage of little boys. Ingram was still investigating Berry from New York, a child molester who may have taken advantage of Michael. Most of the conversation was between her husband and Michael. [Moxon and CSI have always blocked deposition of, or questioning of, Hurtado's father because of his heart problems.]21) Moxon has spoken with Miguel Hurtado by telephone on a number of occasions.22) Abelson communicates with former LA Deputy DA Wager re Hurtado. Between late 1998 and 1/22/99 Wager and Ingram discuss 'the Hurtado matter' approx. three times.23) Abelson was representing CSI.24) Ingram was working for Moxon, CSI and Hurtado's father.25) CSI was Moxon's client.26) Moxon first consulted Wager 5 -10 years ago. Wager has worked on at least two cases "referred" by Moxon. One was a 1999 "juvenile" matter [AC/AWP Priv.]a) Moxon did not have an attorney client relationship with Hurtado at the time.b) Although Wager does not meet with Michael Hurtado until___ or sign a retainer agreement until 1/27/99, he begins billing for Hurtado representation in December 1998. Eloisa Gonzales Depo. 9:17-12:17.Jenny Berosteguy Depo.10: 12-14,21:17-24,25:13-14.Berosteguy Depo.21: 17-24.Berosteguy Depo.T.23: 11-14,24:1-13.Berosteguy Depo.T.24: 20-25:5.Berosteguy Depo. T. 25:6-12.Berosteguy Depo.28: 23-30.Berosteguy Depo.T.31: 9.Berosteguy Depo.T. 36:20-22.Ana Marina Hurtado Depo.T.28: 18-Ana Marina Hurtado Depo.T.26: 24-27:14, 29:25-30-20,50:1-12.Ana Marina Hurtado Depo.T.26: 24-27:11.Ana Marina Hurtado Depo.T.31: 14-34:16,37:2-38:8.Ana Marina Hurtado Depo.T.39: 21-40:6.Ana Marina Hurtado Depo.T.13: 10-26:1.Ana Marina Hurtado Depo.T.34: 18-35:8,59:6-17.Ana Marina Hurtado Depo.T.83: 3-85:12.Ana Marina Hurtado Depo.T.45: 4 - 48:6.Ana Marina Hurtado Depo.T.95: 14-21.Ana Marina Hurtado Depo.T.36: 21-23,38:15-17.Ana Marina Hurtado Depo.T.38: 19-39:11,97:17-23.Ana Marina Hurtado Depo.T.94: 20-95:14.Wager Depo. T.26: 6-20.Wager Depo. T.26: 1-18.Wager Depo. T.19: 20 - 20:5.Wager Depo. T.27: 6-15; 32:7-34:20; 35:1.Wager Depo.T.43: 18 - 45:15.Robert Vaughan Young letter_____.Wager Depo. T.6: 21-15:4.Wager Depo. T.33: 11-34.Wager Depo. T.6: 21-15:4. December 5,1998 (approx.):Cipriano is present when Moxon is conversing with Berry's then law partner Steven Lewis who is allegedly providing Moxon with personal and private information about Berry. Moxon is advising Lewis how to terminate his retention as Berry's law partner and counsel in the Berry v. Cipriano/ Barton/ Miscavige [Moxon, Abelson & Ingram] litigation. Moxon claims Lewis and Scali have been discussing working with Moxon & Kobrin. [see below___] Cipriano Decl. III, 75. December 15,1998 (approx.):Polygram record executive and scientologist John Ryan and Moxon unsuccessfully demand of Cipriano (Moxon's own client) that scientologists take-over Day of The Child. Cipriano Decl. III, 74,76,77. December 17,1998:Moxon uses his credit card to purchase a $1,000.00 Packard Bell computer system, as a 'gift' for Cipriano, from Circuit City in Hollywood; CA. Moxon carries it to Cipriano's car. Cipriano returns Moxon to his office. The computers hard drive is now secure in a bank safe deposit box, rented by Berry. [It was never used for anything remotely connected to the defense of Berry v. Cipriano, Barton, Miscavige (Moxon, Abelson & Ingram)]. Cipriano Decl. III, 79, Ex.38. December 22,1998:New Jersey attorney Lloyd Levinson, Esq. informs Cipriano that Moxon had wired him $20,000.00 to pay the restitution balance of $18,500.00 and that he had Levinson refunded unused fees to Day of the Child. He wired payments of $2,500.00, $1,400.00 and $988.55 into the Day of the Child bank account. Cipriano Decl. III, 73, Ex. 33-36. January, 1999:1) Hurtado did not have any thought of suing Graham Berry before Ingram went to his house.2) Hurtado first met Ingram when Ingram came to his house. Hurtado's grandmother, parents and two sisters were also there.3) Ingram showed Hurtado and his parents a videotape of part of Berry's deposition testimony in Berry v. Cipriano, Barton, Miscavige [Abelson, Moxon & Ingram] re his representation of, relationship with, Hurtado. 4) Hurtado was very upset after Ingram told his family he had had sex with Berry. He does not recall if Ingram threatened to tell other people too. [Berry responded to Hurtado: "I was under oath and had to tell the truth"]5) Ingram told Hurtado that Berry [then Hurtado's legal counsel] had sex with minors, seduced people on the Internet, was not a man of his word, cheated people and was a bad guy.6) Ingram told Hurtado that he had been investigating Berry having sex with minors for a long, long time. 7) Ingram showed Hurtado and his family the First Cipriano Declaration saying Berry was a pedophile or liked little boys.8) Hurtado "figured…a person like this doesn't deserve anything good; so I just don't believe in a person in a career that should be able to have sex with minors, and do drugs and offer drugs to minors. I don't believe in that; so that is why I am suing."9) Ingram was working on behalf of Moxon & Kobrin.10) Ingram told Hurtado he could file a civil law suit against Berry and possibly get money.11) Ingram [misrepresented] to Hurtado that Berry had been previously sued. for having sex with minors. 12) Ingram told Hurtado that Berry's conduct could affect Hurtado really bad physically and mentally, cause Hurtado to feel hate," and it's a great opportunity…to sue him."13) Ingram told Hurtado: Moxon was an attorney watching Berry for a long time because Berry is a bad person. Moxon had "been trying to bury the guy" [Berry] for his wrongdoings for a long time. Michael Hurtado Depo.T.161: 16-162:6.Michael Hurtado Depo.T.118: 16-120:16.Michael Hurtado Depo.T.123: 5-22.Michael Hurtado Depo.T.193: 11-194:7.Michael Hurtado Depo.T.131: 16-132:6.Michael Hurtado Depo.T.131: 16-.Ana Marina Hurtado Depo.T.65: 13-67:1.Michael Hurtado Depo.T.131: 11-16. Statement of Ava Paquette, Esq. Michael Hurtado Depo.T.128: 16-18. Hurtado Depo.T. ________. Michael Hurtado Depo.T.129: 24-131:4.Michael Hurtado Depo.T.132: 10-18. Michael Hurtado Depo.T.134: 3-9. Michael Hurtado Depo.T.133: 19-137:1.
January 1999:1) Hurtado's father takes Hurtado to see Wager.2) Ingram takes Hurtado to meet with Moxon.3) Ingram introduces Hurtado to Moxon and a civil attorney [Wager].4) Hurtado fires Berry as his attorney and hires Wager and Moxon. Michael Hurtado Depo.T.126: 22-127:12.Michael Hurtado Depo.T.137: 24-25.Michael Hurtado Depo.T.124: 12-23Michael Hurtado Depo.T.126: 22-127:12; 137:4-14. January 4,1999 (approx):1) Cipriano is summoned to Los Angeles to meet with Moxon and Ingram at Moxon's "false front" 6255 Sunset Blvd. Office.2) Ingram had found a picture of Berry's roommate [aged 22] on a magazine cover and were investigating his age.3) Ingram also said they had leafleted all of the cars in Berry's home neighborhood in connection with Hurtado's allegations.4) They were using Hurtado's allegations for another State Bar complaint against Berry.5) Moxon and Ingram tell Cipriano that Ingram and some scientologists had plastered Berry's neighborhood with flyers advising everyone that Berry was a pedophile. They also tell Cipriano that Ingram has found a young man, Michael Hurtado, to allege that Berry had sex with a group of underage boys.6) Hurtado was to be used as [corroborating witness] for Cipriano's [perjury] in Berry v. Cipriano, Barton, Miscavige [Moxon, Abelson, Ingram].7) Ingram joked about Berry not being able to serve Ingram in the Berry v. Cipriano, Barton, Miscavige [Moxon, Abelson, Ingram] case." The litigation and scare tactics against Mr. Berry were just to make him go away and leave the Church of Scientology alone." Ingram is continuing to investigate Berry's relationships.8) Moxon and Ingram instruct Cipriano to meet with the Los Angeles Youth Council, an entity within the City of Los Angeles administration. It deals with teenage runaways and underage male prostitutes. Cipriano Decl. III, 81 - 83. Cipriano Depo.T.Vol.II, 106:22-111:11.Cipriano Depo.T.Vol.II, 150:18-151:4.Cipriano Depo.T.Vol.II, 111:2-114:21. January 5,1999 (approx.):1) Moxon calls Cipriano in Palm Springs and advises that Jason Whitman of the LA Youth Council and young male prostitutes distributed flyers around West Hollywood, with a picture of Berry, seeking information on him. The flyers stated that Berry is a pedophile who preys upon underage male prostitutes and drugs them. The information was to be given to Ingram for Moxon to use against Berry. A transvestite named Anthony Apodaca was willing to testify that he had been with Berry. Arrangements were made for Ingram to interview Apodaca.2) Subsequently, Jason Whitman expresses anger at what had been done with Apodaca who had tearfully informed Whitman that Moxon and Ingram had put him in a Santa Boulevard area hotel, paid him $300.00 and given clothes. "Scientology is very evil. They hurt a lot of kids. We do not want that organization or any of those people involved with [the Youth Center programs]." Cipriano Decl. III, 84,85.Cipriano Depo.T.Vol.II, 114:22-115:10.Cipriano Depo.T.Vol.II, 115:11-120:7Apodaca Depo.T. _________. January 11, 1999:Last possible date by which Wager first had contact with Moxon re Hurtado. They conversed at least six times before Wager first met Michael Hurtado. Wager Depo. T.27: 19-28:4. January 22,1999:Wager, Moxon and Ingram communicate and meet with Michael Hurtado's father, mother and family friend. Wager has not met with or talked to Michael Hurtado. Wager Depo.T.24: 15-25. January 25,1999:1) A/C-AWP Confidential document from Hurtado to Ingram.2) Wager replaces Berry as counsel for Hurtado in People v. Hurtado.3) Hurtado leaves voicemail firing Berry and denying he ever had sex with Berry. Wager Depo.T: 6:21-15:4.Wager Depo. T.128: 11-13.Michael Hurtado Depo.T.181: 20-182:23. January 26,1999:Wager receives probation report in People v. Hurtado. Wager Depo. T.128: 17-22. January 27,1999:1) Wager and Hurtado execute attorney-client retainer agreement.2) Ingram provides Wager with a declaration sworn by Hurtado. Wager did not prepare it. Wager filed it in Santa Monica Court. The Presiding Judge refers the Hurtado allegations as against Berry, and presented by L.A.County Criminal Bar Association President Wager, to the California State Bar, and an investigation is opened. [______] Wager Depo. T.6: 21-15:4.Wager Depo. T.133: 3-21. January 29,1999:Hurtado/ Wager/ Moxon/Ingram, etc. Interview Notes signed by Hurtado [AC/AWP Priv.] Wager Depo.T.6: 21-15:4. January 30,1999(approx.):Moxon and scientologist John Ryan meet Cipriano and Leslie Lamborn and take them to secluded beach near Malibu. Moxon and Ryan persuade Cipriano to separate from Lamborn and move back into Los Angeles, closer to them. Cipriano moves in with friends in Marina Del Rey. Moxon provides the friends with free litigation representation. Cipriano Decl. III, 87. February 5,1999(approx): Moxon tells Cipriano that Berry had dismissed Cipriano co-defendant Krim (but did not disclose the $75,000.00 settlement) and said that Berry was about to dismiss Cipriano.[At no time did he disclose the $25,000.00 settlement with the Lewis, D'Amato law firm in Berry v. Miscavige [Moxon, Abelson & Ingram]. Cipriano Decl. III, 88. February 6.1999 (approx):Moxon tells Cipriano that the [Berry v. Cipriano, Barton, Miscavige (Moxon, Abelson, Ingram)] lawsuit was over and misrepresents that Berry could not sue him again. Moxon tells Cipriano that they have attached Berry's bank accounts and that Berry was leaving the country for good." Scientology finally achieved what they wanted…you certainly did serve your purpose." Cipriano Decl. III, 88 - 89. March 8,1999:Moxon asks Cipriano to become a covert scientology operative. Cipriano was steal internal documents from hospitals. The documents would relate to E.C.T.'s electro-shock machines [which the Church of Scientology wanted, removed from hospitals and the market place, as part of the Church's plan to destroy and eliminate the entire mental health profession and to replace it with Scientology.] Cipriano Decl. III, 92. March 12,1999: 1) Cipriano moves back to Palm Springs. There are irregular emails with Moxon between March 12,1999 and June 1999.At Cipriano's request, and because of IRS problems, Moxon resigns as a Day of the Child director and the Treasurer.2) Moxon & Kobrin attorney Ava Paquette, Esq. states that she 'has just come into this [Hurtado v. Berry] case and, in the evening, is "told to [go] to Robie & Matthai and represent Eloisa Gonzales, for free, at deposition in Hurtado v. Berry. Eloisa Gonzales Depo: 8:8-18; 59:20-25; 63:2-5. March 16,1999:Wager, Abelson and Ingram meet with LA County Sheriff's Detective Petz to [unsuccessfully] seek Berry's arrest and indictment for alleged "pandering" in connection with Hurtado. Abelson was representing the Church of Scientology as "in house" attorney (which claims AC Priv. on communications between Wager and Abelson). Wager Depo. T.103: 9-107:10. March 20,1999:Cipriano emails Moxon that he needed money in accordance with their agreement. He "was there for the cause-100%…" Moxon responds: "Got it. Please give me a call so that we can handle the details." Cipriano Decl. III, 93,Ex. 45,46. March 29, 1999:Wager leaves message with LA Deputy DA Paul Turley regarding meeting to discuss prosecuting Berry in connection with the Hurtado pandering claim. Wager Depo. T.103: 22-23. April, 1999:Deputy DA Norm Wakener in Santa Monica is handling the Hurtado drug paraphernalia prosecution. Wager Depo. T.108: 14-20. April 1,1999:Wager meets with LA Deputy District Attorney Paul Turley to request that Berry be prosecuted for pandering in connection with Hurtado's claims. Wager Depo. T.103: 9-109:9. April 5,1999:Moxon files Hurtado v. Berry in Cal. State Court and within the hour serves Berry, inside a federal courtroom, as he is about to rise to his feet and address U.S.D.C. Judge Snyder in opposition to Moxon's Rule 11 motion for sanctions for alleging Moxon to be engaged in CSI criminal activity in Pattinson v. Miscavige, CSI, et al. April 12,1999:$50.00 deposition witness fee prepared for Apodaca's deposition in Hurtado v. Berry. Wager Depo. T.62: 19-63:1. April 13,1999:1) Wager meets Apodaca for the first time at L.A. Men's Central Jail. Cannot remember if Ingram present.2) Hurtado has never met Apodaca.3) Apodaca was not a witness in the People v. Hurtado drug paraphernalia case.4) There was a real question in Apodaca's mind as to who Berry was.5) Wager deposited $300.00 in Apodaca's jail account "so he would have money". Wager 'thinks" it was his money but Moxon may have re-imbursed him. Wager was not Apodaca's lawyer. Judge Lachs recommends this invokes the crime/fraud exception to the AC/AWP Priv. Wager Depo.T.55: 3-4]6) Deposition of Hurtado's mother, Ana Marina Hurtado, in Hurtado v. Berry. Ava Paquette represents her. Wager Depo. T.45: 16-46:6; 48:7-19.Michael Hurtado Depo.T.25: 14-16.Wager Depo. T.64: 22-25.Wager Depo.T.53: 10-59:18. April 21,1999:Wager's final communication with LA Sheriff's Detective Petz about Petz's recommendation that there is insufficient evidence on which to indict Berry for pandering. Wager Depo. T.115: 18-21. April 22,1999:1) At the second meeting between Wager and Apodaca, Apodaca could make no statement that would confirm any activity between Hurtado and Berry.2) The second Apodaca meeting was at Moxon's office. 3) Moxon and Ingram were present at the second Apodaca meeting.4) Apodaca was wearing female makeup.5) Wager did not pay for the video taping of the second Apodaca meeting.6) There may have been money given to Apodaca at the second meeting, but not by Wager. [A/C as to who]7) The witness fee in Hurtado v. Berry was paid at the second Apodaca meeting. Wager Depo. T.58: 10-11; 65: 11-17.Wager Depo. T.50: 12-15.Wager Depo. T.48: 17:22; 58:7-16.Wager Depo. T.50: 5-8.Wager Depo. T.52: 16-21.Wager Depo. T.60: 6-20.Wager Depo. T.60: 16-61:1. April 23,1999:Wager's last communication with LA Deputy DA Turley regarding the requested [false] criminal complaint against Berry in connection with Hurtado's allegations re pandering. Wager Depo. T. ___. May 1999:1) Wager recalls communicating with a Service organization re Apodaca.2) Jason Whitman of the LA City Los Angeles Youth Council informs Cipriano that Ingram had taken transvestite Anthony Apodaca to a hotel written, threatened him and paid him $300.00 for a declaration to use against Berry [in Berry v. Cipriano, Barton, Miscavige (Moxon, Abelson, Ingram)]. Wager Depo. T.66: 6-15.Cipriano Decl. III, 85. May 10 1999:Cipriano emails Moxon that he may have a new partner, Roy Webb of Anaheim, CA. Moxon replies that the Palm Springs house, being leased and paid for by Moxon & Kobrin, needed to be resolved. Cipriano Decl. III, 94,Ex.47. June 7,1999:Cipriano sends his last email to Moxon requesting $500.00. Moxon sent $195.00 by Western Union. Moxon also sends $800.00 to Professional Management, owned by Roy Webb. Cipriano Decl. III, 95.Ex.48.Cipriano Depo.T.Vol.II, 210:13-211:20. July 5,1999 (approx.):Moxon calls Roy Webb and asks: "How's Robert's health?" Cipriano interpreted this as a threat. Cipriano Decl. III, 96. July 15,1999(approx.):Ingram's employee, Joanne Weaton, and International Association of Scientology staffer Erla Hawkins try to persuade Cipriano to accept a one way fare to Europe to accept a volunteer position with a Scientology crusade in Europe starting July 22,1998. Cipriano is asked to meet in 'an old unmarked apartment in an old building behind a schoolhouse' on L.Ron Hibbard Way in Hollywood, CA. Cipriano is concerned for his safety and does not attend. Cipriano Decl. III, 96,Ex.49. July 16,1999:Cipriano executes his third declaration with Exhibits. Cipriano expresses his fear and terror of Moxon and Ingram but describes what has happened and admits that the First Cipriano declaration and his testimony by declarations and deposition in Berry v. Cipriano/ Barton/ Miscavige (Moxon, Abelson and Ingram) is perjury extorted by Ingram and suborned by Ingram, Moxon and Rosen. Cipriano Decl. III, 101,Ex.50. August 1999:1) Wager 20-page timesheet for representation of Michael Hurtado between December 1998 and August 1999.2) Moxon pays Wagers bills for representing Hurtado.3) There were lots of billings during times there were no court appearances.4) However, Hurtado claims he paid Wager some money to represent him and was going to pay him in full. Hurtado paid Wager in cash at the end of the case. He got the money from doing extra work. Hurtado does not know how much he paid Wager in cash!5) Wager also works for Moxon in the Hurtado v. Berry civil case. Wager Depo. T.6: 21-15:4.Wager Depo. T. ______.Wager Depo. T.90: 10-21.Michael Hurtado Depo.T.140: 22-141:24.Wager Depo. T.92: 18-93:13. August 12,1999:Wager appears again for Hurtado in People v. Hurtado (drug paraphernalia case.) [where 8 months previous he was represented by Berry with a drug diversion and probation sentence until withdrawn by Wager]. Wager Depo. T.62: 1-11; 116:1-13. December 7,1999:Moxon deposes Berry in Hurtado v. Berry before Hon. Diane Wayne (Ret.). Lynne Shape, Scientology Sea Org. member and CSI OSA staffer, attends to assist Moxon.[She reports to Church of Scientology "ecclesiastical leader and pope" Captain David Miscavige. Berry denies and contradicts Hurtado's material allegations.] Berry Depo.Transcript. December 23/24,1999:Following Cipriano's August 9,1999 Declaration and 50 exhibits (the Fourth Cipriano Declaration], Moxon pays a surprise visit to Cipriano in Palm Springs.Moxon presents Cipriano with two documents. One is an agreement that Cipriano would never sue Moxon & Kobrin and that he indemnified them for all wrong done! The other recanted certain statements in the Fourth Cipriano Declaration. Moxon offered to pay Cipriano $500.00 if he would sign both documents. They bargained and eventually agreed that Moxon would pay Cipriano $800.00 if he signed the two documents. Moxon paid the $800.00 to Cipriano directly and not Day of The Child.Cipriano was "financially destitute", "shattered emotionally". He had been selling valuable possessions just to live. Cipriano thought that just signing it would make Moxon, Ingram and Berry just go away. The $800.00. would be a security deposit on an apartment and Cipriano could then get on with his life.[Moxon also told Cipriano that he had them under audio/video surveillance from a large white cargo van parked opposite on the street.] Cipriano Depo.T.Vol.II, 211:21-213:8,214:17-215:15. January 21,2000:1) Deposition of Santa Monica Police Sergeant Alfred Acosta in Hurtado v. Berry as to the arrest, with Officer Fenochio, of Hurtado for the possession of Drug paraphernalia, and the basis for any motion to suppress evidence to alleged lack of consent. Moxon is present and engages in aggressive objections to the Officer's evidence.2) Deposition of Santa Monica Police Officer Adam Barry in Hurtado v. Berry. He had joined Officers Acosta and Fenochio at the Hurtado drug paraphernalia arrest. He corroborates Acosta's testimony that Hurtado consented to the search. Officers Murphy and Flores were also involved. Moxon is present at the deposition. Alfred Acosta Deposition Transcript.Adam Barry Deposition Transcript. January 6,2000 - May 8,2000:Wager enters an appearance as co-counsel of record in Hurtado v. Berry State Court civil action. January 11,2000:1) Hurtado arrested/charged again, with residential burglary and stalking. Pleads no contest. Sentenced to one year in LA County Jail where Hurtado is classified as a homosexual, at his own request, but later de-classified after failing the LA County Jail "homosexual test."2) Hurtado had broken into his ex-girlfriends apt. He was found passed out drunk in her bedroom closet grasping a large knife. He had been stabbing her bed and had sliced the bedding from head to foot.3) Wager declines to represent Hurtado on new criminal charges. Hurtado was represented by Thomas Byrnes, Esq.4) He got the name from another jail inmate.5) Hurtado's father and grandmother [actually?] paid Byrne's legal fees! Michael Hurtado Depo.T.16: 14-19:20. Ana Marina Hurtado Depo.T.9: 18-25,14:18-23.Ana Marina Hurtado Depo.T.88: 13-91:15.Wager Depo. T. 116:1-13.Michael Hurtado Depo.T.148: 2-15. Ana Marina Hurtado Depo.T.16: 11-16.Michael Hurtado Depo.T.174: 6-12. Ana Marina Hurtado Depo.T.15: 24-16:1. January ,2000:1) Mariah Rivera was the victim of the residential burglary and stalking charge.2) Ingram conversed with Hurtado about his residential stalking and burglary charge and Mariah Rivera.3) Ingram was willing to testify for Hurtado in the new prosecution. He had met Mariah Rivera.4) Hurtado, in jail, asked Ingram to investigate some checks that Mariah Rivera had stolen. Nobody paid Ingram for doing it. Hurtado was going to pay Ingram after he got out of jail.5) Ingram visits Mariah Rivera, a people's witness in People v. Hurtado. She refuses to co-operate with Ingram and his pressure that she not testify against Hurtado. Ingram reports the stolen check matter to her employer and she is fired. Michael Hurtado Depo.T.150: 3-5.Michael Hurtado Depo.T.171: 5-11.Michael Hurtado Depo.T.171: 12-172:3.Michael Hurtado Depo.T.173: 4-174:5. March 12,2000: 1) Moxon & Kobrin attorney Ava Paquette, Esq. states that she 'has just come into this [Hurtado v. Berry] case and, in the evening, is "told to [go] to Robie & Matthai, the next day, and represent Eloisa Gonzales, for free, at deposition in Hurtado v. Berry.2) On_____, 1999, Berry sent Paquette a detailed letter putting her on notice of the wrongful conduct (criminal, tortious and ethical) being perpetrated by her principals, partners, employees, agents and co-counsel in these matters. Eloisa Gonzales Depo: 8:8-18; 59:20-25; 63:2-5. March 13,2000:Eloisa Gonzales (Hurtado's grandmother) is deposed in Hurtado v. Berry. Moxon & Kobrin (Paquette) provide "free" legal representation. Eloisa Gonzales Depo.T.8: 8-18. April 13,2000:1) Amy Esther Garcia (ex de facto of Joseph Gonzales, Michael Hurtado's uncle, deposed in Hurtado v. Berry. Ava Paquette represents her.2) November 1999 Michael Hurtado and cousin Wesley stole 2 VCRs from her and Joseph. Michael has stolen from others too.3) She has heard him threatening arson, murder and being aggressively confrontational, and arrested for violating restraining orders.4) Michael has been abusing alcohol and drugs since he was 17.5) Michael's sister Vanessa has told her that Michael and his cousin /best friend Wesley are bi-sexual and "will sleep with anything."6) Ana Marina Hurtado (Hurtado's mother) deposed in Hurtado v. Berry. Ava Paquette meets with her two weeks previously and provides free representation. " They would not be able to afford a lawyer!" She understood that Paquette worked for Moxon. Amy Esther Garcia Depo.T.1, 7:1-4.Amy Esther Garcia Depo.T.9: 23-15:24.Amy Esther Garcia Depo.T.14: 25-15:17.Amy Esther Garcia Depo.T.22: 17-25:13.Amy Esther Garcia Depo.T.27: 12-28:23,32:5-34:14.Ana Marina Hurtado Depo.T.61: 18-62:17. May 2,2000:Jenny Berosteguy (Hurtado's aunt) deposed in Hurtado v. Berry. Ava Paquette provides free legal representation. Moxon & Kobrin are not her attorneys. Berosteguy Depo.T.31: 9-35:20. May 3,2000:Deposition of John James [Doe], III as to Hurtado's active involvement in homosexual prostitution, and sex with Hurtado, at the time Hurtado first met Berry and was later solicited by Ingram, Moxon and Wager to allege, under oath, that he had never had sex with a male and had been raped by Berry. Ava Paquette also attends. John James [Doe] III Depo.T.10: 14-21:18,27:19-28:11. June 12,2000:First day of Cipriano's deposition in Hurtado v.Berry.Paquette appears for Hurtado.After the first hour of deposition, Paquette calls her partner Moxon at the Church of Scientology Land Base in Clearwater, Fl. Moxon calls back and suspends the deposition because he is party (!) and is entitled to be there. His motion for a protective order is denied and the deposition resumes on August 7,2000. Cipriano Depo.T.Vol.I. ___. July 17,2000:Berry's former law partner Stephen Lewis deposed in Hurtado v. Berry. He is represented by Ava Paquette of Moxon & Kobrin with whom he has earlier met and prepared (scripted) his testimony. [See Dec.5, 1999] Stephen Lewis Depo: ________ July 26,2000:Miguel Hurtado's heart specialist, Antoine Hage, M.D. deposed in Hurtado v. Berry on the claim that Miguel Hurtado is too ill to be deposed. The deposition of Miguel Hurtado does not get taken. He is represented by Ava Paquette of Moxon & Kobrin. Antoine Hage, MD, Depo.Transcript. August 7,2000:1) Cipriano's deposition in Hurtado v. Berry resumes. Moxon and Paquette appear on behalf of their client Hurtado to conduct (withering) cross-examination of their former client Cipriano, and without waiver of conflict, in matters [substantially similar] identical to those they had represented Cipriano on.2) The deposition is attended by Lynne Shipe, a Church of Scientology Sea Org.member and senior CSI Office of Special Affairs Staffer. She apparently reports to Captain David Miscavige, the "Pope" of the Church of Scientology! Asked whether she is a member of the Church of Scientology.Moxon expressly represents that she is just a para-legal who works in his office.3) Moxon continues to obstruct questioning.4) Moxon even threatens Matthai with a State Bar proceeding unless she stops deposing Cipriano.5) That morning, outside the deposition building Moxon confronted Cipriano who told Moxon he wanted "this to end and the truth will come out."6) It was Cipriano's understanding that Moxon & Kobrin were providing him with benefits and money in order to "stay the course" and not tell the truth. These benefits and payments included the Saturn motor car, the Day of the Child incorporation and program, the Palm Springs apartment, the Palm Springs house (five bedrooms and pool), paying off the $28,000 felony restitution order (and expungement of same) in New Jersey, the payment of his food and living expenses for a year and the $2,500.00 'disconnect' payment to former fiancée Christine Geros.7) Cipriano had [been] moved from Los Angeles to Palm Springs to get away from Christine Geros, from Berry, the Berry v. Cipriano, Barton, Miscavige (Moxon, Abelson, Ingram) lawsuit. Cipriano prepared budgets for Day of the Child expenses (including Cipriano's personal, living and business expenses) and sent them to Moxon.8) Cipriano complains that Moxon still [refuses] to return Cipriano's files in Berry v. Cipriano, Barton, Miscavige (Moxon, Abelson, Ingram) to him [still unreturned 24 months later]. Cipriano Depo.T.Vol.II, 48:5-14.Cipriano Depo.T.Vol.II, 44:25-45:12.Cipriano Depo.T.Vol.II, 52:12-55:3,57:1-58:16,59:22-60:5,122:24-125:24, (Paquette 127:6-13), 127:12-135:19,136:1-8,139:9-140:21,141:18-142:16,145:9-13,149:22-150:12,156:7-9,163:7-16,176:21-177:11(untrue statements on record), 179:14-24(Paquette),Cipriano Depo.T.Vol.II, 131:17-24.Cipriano Depo.T.Vol.II, 54:13-17,56:22-24.Cipriano Depo.T.Vol.II, 155:13-177:14 (and underlying exhibits).Cipriano Depo.T.Vol.II, 157:18-158: __.Cipriano Depo.T.Vol.II, 183:3-14. January 19,2001:1) Thomas Byrnes, also Hurtado's counsel, submits brief to LASC Judge Lachs (Ret.) that the Church of Scientology had and has nothing to do with Hurtado v. Berry.2) Judge Lachs opines/recommends that all of these people [CSI, Abelson, Moxon, Ingram, Wager, Hurtado, Apodaca] "seem connected."3) Retired Judge Stephen Lachs recommends to LASC Judge Hart in Hurtado v. Berry that the Cal. Evidence Code § 956 crime/fraud exception applies to claims of Attorney-client privilege as between, at least, between Church of Scientology, CSI, Moxon, Abelson, Ingram, Wager, Hurtado, Apodaca. Wager Depo. T.29: 8-30:1; 33:3-10.Wager Depo. T.35: 3-5. February 6,2001:Thirty days before a jury trial, Hurtado voluntarily dismisses Hurtado v. Berry, Case No. LASC BC 208227. Berry's motions to bar assertion of the attorney client privilege on the ground of the crime/fraud exception (Evidence Code §956), to compel Moxon & Kobrin to produce the supoena evading Ingram for deposition,compel other discovery responses and production by Hurtado, are fully briefed and pending before the trial court.As a matter of law, it is an adjudication upon the merits in favor of Defendant Berry. July 10,2001:Hurtado voluntarily dismisses Bankruptcy Court Adversary action, Hurtado v. Berry, U.S.B.C. CD Ca Case No. LA 99-32264 ER, AD 99-002559 ER.The Court orders it dismissed 'with prejudice.' July 17,2001:1) Berry receives information, originally from inside OSA, that CSI is "going after him" again because of his State Bar defense. Did they ever stop!2) Berry does quick internet search and finds the First Cipriano Declaration and it's contents (now demonstrably false and defamatory) still being published 3 ½ years after first filing Berry v. Cipriano, Barton, Miscavige (Moxon, Abelson & Ingram).