On Sun, 13 Jan 2002 00:46:56 GMT, [email protected] (Keith Henson) wrote:
>There are exhibits I will post on this thread.
GRAHAM E. BERRY
3384 McLaughlin Avenue
Los Angeles, CA 90066
Phone/Fax: (310) 393-2835 (Call First for Fax)
July 27, 2001
By Fax: (213) 487-5385
Ava Paquette, Esq. Moxon & Kobrin 3055 Wilshire Boulevard Suite 900 Los Angeles, CA 90010
Re: BARTON v. BERRY, USBC, CDCA, Case Number LA 99-32264 ER
JEAVONS v. CSI, LASC Case Number BC 20763.
While on the subject of subpoenas, I recall that you served one of your countless subpoenas upon me just last week summoning me to yet another judgment creditor ("intelligence or intel op") exam.
So far, since May 1998, you have taken 14 days of deposition of me in Berry v. Cipriano, Barton, Miscavige [Abelson, Moxon & Ingram], 4 days of deposition [Rule 2004] in In re Graham Berry Bankruptcy, 1 day in Hurtado v. Berry, two hours in February of this year in Jeavons v. Church of Scientology International. That is 19 days of deposition in the last 26 months! And now yet another deposition on August 8, 2001, in Jeavons v. Scientology. Anyone other than Judge Williams (and the State Bar of California) might find that somewhat harrassive!
Your pursuit of me in the Bankruptcy Court is certainly not about money. You spent close to one million dollars using private investigators to deliver the perjured and extorted First Cipriano Declaration all over the world, to almost everyone who had ever touched my life (and who had not, but who might have) professionally, socially or personally - making it impossible for me to engage even in charitable work anymore. Additionally, it has made it impossible for those engaged in charitable work to use my expertise for fear of your firm and its "client" unleashing Ingram, et. al., and your First Cipriano Declaration on their donor and volunteer base. As I have testified, it was a significant factor in my resignation as an equity partner in two major law firms and going from $160,000 per annum (probably $350,000 p.a. by now) to general relief and public assistance. You are still responsible for the continuing, constant worldwide publication of the First Cipriano Declaration making it impossible for me to work ever again, because of the perjuriously obtained allegations of pederasty, used in the obstruction of justice, and forever damning me, however unfounded they were and are. Nevertheless, you achieved the objectives (end product) of your clients' "Fair Game policies and practices" employed "to utterly destroy [me] by what ever means possible." Of course, as you also erroneously believe, "the object of the lawsuit is not to win but to harass and enough harassment of someone on the thin edge is usually sufficient to cause his demise." An interesting, if equally false corollary is your assertion that, "If you leave us alone we will leave you alone, it is as simple as that." It is just as well that you practice before the California State Bar. Any other Bar's regulators would find those beliefs to clash with the professional obligations and oaths of a lawyer.
And while on that subject, you are also engaged in clearing the planet, bringing in ethics and eliminating crime. In plain English, you are engaged in clearing the planet of everything but scientology, ensuring the planet is ruled by scientology ethics [which suppresses all dissent for the good of the organization] and eliminating all of those who you perceive as criminals because they impede your takeover of the world. In fact, on the basis of the current six billion world population, Hubbard decrees the forcible internment and elimination of over sixty million people, as quietly and as effectively as possible. Those are all his words, not mine, as well you know! Again, it is just as well you are practicing in California because other Bar regulators might find Business & Professions Code Section 6064.1 to apply here.
Another State's Bar regulators would be offended that Moxon, et. al., used runners and cappers (including Ingram) to solicit clients (at least the Bowles & Moxon Plan 100, Jason Scott, Robert Cipriano, Anthony Apodaca and Michael Hurtado), funded law suits for those persons where they were counsel (the most material witnesses and to be added parties), and moved the case before judges they had in their pockets. For an example of this there is, Judge Williams whose fiancée is/was employed by the same organization as you, who refused to recuse himself; who found the Cipriano confession "irrelevant"; who refused to hear from Cipriano in opposition to his own lawyers' vexatious litigant petition being led by the Chairman of the LAPD Commission who was brought into the case solely for that motion which was granted, "not because of what I did, but the way I did it." An error of law if ever there was one! Then his curious statement.I am in my final term.I do not have to face the voters again. I am like a Federal judge sitting in State Court [or was it kangaroo court?].
Moreover, as you are no doubt fully aware, vexatious litigants have few civil rights or rights before the courts, even on appeal. Probably the reason you manipulated the dismissals, as we will also prove to the State Bar and other federal courts during the coming months! Then you engineered the dismissal of Pattinson by persuading Judge Snyder that it was sanction able for Mr.Pattinson to allege that you were engaged [concurrently as we now know] on behalf of the Church of Scientology. Yes, as I submitted in vain to Judge Williams, we have fallen through the looking glass and every thing is upside down. At the same time as seeking sanctions before for alleging you were engaged in criminal conduct on behalf of the church, your law firm and other Wager and Ingram solicited perjury from Hurtado, and with Abelson, filed false proceedings against me in Federal Court, State Court, the State Bar, the Sheriff's Department and submitted what is therefore a criminal bankruptcy claim, and a fraudulent-criminal insurance settlement demand for $750,000. Beyond all of this outrageous conduct, you are then upset because I have a policyholder's consent to settlement provision in my malpractice policy, which Moxon had never heard of before! Of course, anyone other than a Church of Scientology lawyer would be disbarred for this conduct alone. In fact, just one of the acts of solicitation without all of the extortion, bribery, paid perjury; obstruction of justice and the like would be enough for in disbarrment under normal circumstances! Your continued refusal, after two years, to return Mr. Cipriano's files to him would upset the regulators of most State Bar's outside the State of California.
You have also spent hundreds of thousands of dollars in continued harassment of me in the bankruptcy court and through the filing of fraudulent claims and proceedings there.Consequently, you prevent me from earning income by tying me down, "overwhelming" me as your policy states, and seek to "destroy" me as your policy also states. Indeed, expert evidence at the State Bar trial, and in the ultimate malicious prosecution case that will be filed, will include testimony that your organization not only sought to destroy and bankrupt me, but also sought to drive me insane and to suicide (if you didn't first "destroy" me). This is a variant of what Hubbard has described as "Black Dianetics" and which I would have proven that the Church used against Steven Fishman. However, you dismissed that case one month before trial and after nearly two million dollars in defense costs had been incurred.
Indeed, you very nearly succeeded in deliberately driving me into the gutter and the grave. However, I am now on general relief (public assistance). Again, it is just as well the Moxon & Kobrin and their band of lawyers are practicing in California because most other State bar's regulators would have found numerous serious felonies, misdemeanors and ethical violations here. Prison and permanent disbarment would have been inevitable. However, not before the State Bar of California, which so far has twice this year written that they have investigated Moxon & Kobrin and found that they have done nothing wrong. Why should I be surprised by any of this? After all, for years, your shills have claimed to have operatives within the State Bar. In fact, most State Bar regulators would consider it unusual for a California lawyer to have been an unindicted co-conspirator in the largest ever infiltration and massive burglary of the United States government. Your co-counsel in much of the litigation involving this illegal and unethical activity, Eric Leiberman, recently wrote: "Like Lazarus, Berry has risen from the dead." I found that comment to Judge Snyder very telling of what you thought that you had accomplished against me.
Now I am going to want the deposition of all three of you before the State Bar in both deposition and at trial. Please enquire of Mr.Moxon and Ms.Kobrin as to convenient dates for all three of you after the production of your documents is completed in August. I would also like early dates for the depositions of Eugene Ingram and underlying litigation defendant's Miscavige, Rinder, CSI and CST.I trust that motions to compel will not be required.
Turning back to the invalid Barton judgment and lien, you also had a conflict between your representation of Barton and CSI. Similarly, had/have non-waivable conflicts of interest, at least, with so many others including Jason Scott, Robert Cipriano and ghost wrote for convicted defendant murderer Bernard Le Geros. The same non- waivable conflicts existed with Glenn Barton, Isadore Chait, Donna Casselman, and others along with Michael Hurtado and others in that case. As to Jason Scott, this was well explained to the Ninth Circuit in the Scott case and to the Bankruptcy Court in Illinois). However, like you, Barton also works for Church of Scientology International and, if he objects, he can be punished by confinement in the Church's Rehabilitation Project Force ("RPF") in the high dessert. As you know, many former high-ranking scientologists have compared the RPF to a Soviet gulag or Nazi concentration camp. Even Moxon's own daughter, died under mysterious and highly questionable circumstances at Gold Base.
Having used non-waivable conflicts, to say the very least of the mountain of misconduct herein, and through the frauds and misrepresentations that your demonstrable RICO conspiracy have perpetrated upon the courts, you now have a [voidable], $28,000 judgment for fellow OSA staffer, "Reverend" Barton. You filed a judgment lien against my condo. You have refused to lift it and you have refused to participate in any [short] sale and creditor's comprise (and partial payment), because you "have better security with the lien." If Rev. Glenn Barton were an honest creditor he would have leaped at the opportunity to release the lien in exchange for partial payment (even without a release of the balance). My condo will go through a foreclosure sale on August 8, 2001, unless I can negotiate a private sale before then and pay the first trust deed holder off. In light of the time factor that is now unlikely.Mr.Barton's interests have been subordinated to those of your other concurrent clients in the same matter, the church of Scientology, Mr.Moxon himself, Michel Reveillere and Isadore Chait. I shall explain since you seem unable, or unwilling, to recognize the conflicts and resulting acts of malpractice and damage yourself.
My First Trust Deed holder is owed approximately $295,600.00. The property is now believed to be worth approximately $400,000.00. The First Trust Deed holder will get its $296,000.00 whatever happens between now and the year 2010. The rest of the lien holders will probably get zero on their liens-including Rev. Glen Barton. Next paid, in whole or part, will be the Second Trust Deed of approximately $22,000.00. The IRS and State Franchise Tax Board are owed about $80,000.00. Barton is purportedly owed $28,000.00 and the Homeowners Association is owed $6,000.00. Thus, because you refused to lift the Barton lien because of the Church's conflicting Fair Game agenda, all except the First Trust Deed holder lose an opportunity to get at least some money on the doller. Late last year I opened escrow for a sale at $367,500.00. After sale costs, approx. $50,000.00 that would have then remained for a partial payment as could have been negotiated with all of the various lien holders. The Second Trust Deed holder and the HOA are always willing to take an immediate bird in the hand. Indications were that the IRS may have compromised for as little as $10,000.00. Rev. Barton could have demanded and received as much as $15,000.00, but that is not what your other clients' Fair Game practices are all about. Anyone other than the Rev. Barton might well have sued you for malpractice. Indeed, he will be able to sue you for a long while because of the tolling provisions of CCP § 340.6 (a) (3) (4).
I have always stood to gain nothing under any possible condominium sale scenario except for timely recognition and settlement by you of the damage intentionally, recklessly and negligently done to me. Because it would have taken at least 6-8 weeks to contest your refusal to lift the Barton lien, the property fell out of escrow and my leinholders, including one of your clients, Mr. Barton, lost an opportunity for partial satisfaction. Last week, when you again told me that Rev. Barton's interests were better protected by continuing the lien, you again either intentionally or negligently acted below the applicable standard of care. Or does that not apply to a lawyer who represents a whole group of scientologists who cannot later sue either the other co-parties or their joint attorney without being "declared" a "suppressive person" and subjected to the personal, professional and social destruction of the cult's fair game policies and practices?
You now demand that on August 8,2001, the day before my property is foreclosed upon by the bank, I bring "any and all documents pertaining to, reflecting or regarding [my real property] located at 1228 11th Street, #202, Santa Monica, CA 90401, including, but not limited to, documents reflecting any transfers of title, grant deeds, sales of the real property referred to herein." Why are you concerned? You will not recover in the foreclosure although you could have. You seized my old Jeep after telling the Court that blue book value was approximately $8,300.00, instead of the actual value of approximately $1,800. I have still received neither accounting of what the vehicle sold for nor any notice of my exempt interest in the proceeds of sale. I am owed $28,000 by Lumin-oZ, LLP. The Department of Labor says that it is too complex for them to proceed with collection of these unpaid wages and that I must file suit myself. However, I cannot file suit because you have had me declared a vexatious litigant. If you were seriously pursuing recovery for your multiple clients, instead of pursuing harassment for your client-employer, you would have also pursued recovery of this asset. But then you would not have the $3,500.00 Jeavons costs award to use for regular depositions and "intelligence" gathering would you?
Rather curiously, and relatively recently, an Evan Spiegel, Esq., moved into the condo building in which I am about to lose my own condominium in foreclosure. It turns out that he works for Lavely & Singer which represents John Travolta who Moxon implied provided the $20,000.00 to expunge Cipriano's felony conviction in New Jersey. Just as curiously he recently told my Home Owners Association that he had been meeting with the Church of Scientology's lawyers and that unless they sued me he would sue them. Such blatant extortion by a lawyer reduced several of the women members of the Association to tears.
There seems to be an irony in spending hundreds of thousands of dollars in bankruptcy litigation, which along with your fraudulently instigated State Bar complaint against me, keeps me busy virtually ten hours a day, six days a week. Consequently, I could not work even if you and your client/employer/co-conspirators had not defamed me out of any business, charitable or social engagements for the rest of my life. All of your "lawful investigations" accompanied by questions as to recipients knowledge of the [falsely and self obtained] allegations in the First Cipriano Declaration, mandates that even for those with whom the scientology enterprise eventually settles! The cult never ever leaves them alone either. What we have here is a full employment program for Eugene Ingram, other private investigators and scientology OSA, it's DSA's, OT VII committees and other shills. Your puppets over at the State Bar add to the irony by seeking to disbar me for not paying the fraudulently instigated and litigated costs and sanctions awards at a time when your other puppets, Gerner and Wager [a self-confessed criminal participant in this conspiracy which I am now obligated to prove], have forced me from active practice by pursuing a legally and factually baseless prosecution which itself becomes part of the underlying criminal and fraudulent conspiracy that demonstrably commenced on May 4,1994 with Eugene Ingram's visit to Robert Cipriano. This criminal conspiracy continues, to this very day, either in connection with me or with my former clients who include Keith Henson and Michael Pattinson.
All of these materials are already with the State Bar in connection with your own (and those instigated by you) bar complaints, which although dismissed were no less knowingly baseless than the current complaint and which were clearly a demonstrable fraud upon the State Bar by members thereof.
Of course the State Bar would not agree with me would they? I believe that the evidence shows, inter alia, the most blatant and serious imaginable violations of the following Rules of Professional Conduct: 1-120; 1-400 (C), (D) (1) & (2), (3), (4), (5); 2 - 100 (A); 3-110 (A); 3-200 (A) and (B); 3-210, 3-300, 3- 310 (B), (1), (2), (3), (4), (C) (1), (2), (3), (E), (F) (1), (2), (3); 3-400 (B); 3-500; 3-600 (A), (B), (C), (D), (E), 3-700 (B) (1), (2); 4-100 (B) (4); Rule 4-210 (A); 5-100 (A); 5-200 (A), (B), (C) and (E), 5-210, 5 -220, 5 - 310. However, and only as to my own knowledge, the State Bar has written that it has fully investigated these matters and found no misconduct on the part of the Moxon & Kobrin law firm. Of course, to those familiar with how the scientology enterprise manipulates the legal system this comes as no surprise.
Again, it is as well you do not practice law beyond California. Other state's bar regulators would have been outraged by a mere fraction of the evidence I have so far provided the State Bar of California. But then another state's bar regulators might not have told the State Bar Court that the underlying materials were too voluminous to have reviewed, Amazingly, our State Bar's Counsel told the State Bar Court this after sitting with me during my own review of some the Gerner-Wager natter, as well as your own, while she read a novel on the State Bar's time!
No, I cannot settle with the State Bar short of vindication. I cannot settle with your organization. It is destroying, intimidating and violating the civil, human, religious and political rights of to many people. Moreover, the Canadian courts awarded $4 million to lawyer Casey Hill for a fraction of this misconduct herein discussed. Similarly, the trial juries in the Christofferson and Wollersheim cases both rendered damage awards of $30 million for far less egregious conduct there. Finally, the Ninth Circuit upheld sanctions of nearly $500,000.00 against, inter alia, Moxon & Kobrin. None of this has effectively punished or deterred this tax-exempt organization. You pleaded with Judge Snyder that I had to be stopped and only sanctions would stop me. For my part, I believe that this on-going obstruction and abuse of process, abuse of human rights, abuse of civil rights, the on-going abuse of woman and children must be stopped. Numerous witnesses testify that as Sea Organization staffers they were ordered to have church required and arranged abortions because children and "family time" interfere with production [of money]. Consequently, I seek vindication, compensation and justice for not only myself, but also for all innocent people harmed by your organization. A settlement cannot achieve that!
Moreover, the Pattinson v. Miscavige case was voluntarily dismissed without prejudice because you refused to conduct a settlement conference unless I did so. I acted in good faith. You hired Police Commission Chaleff and filed a successful petition to have me declared a vexatious litigant. You had a judge who would shamelessly perpetrate such a travesty. Accordingly, I see no point in any settlement discussion with the scientology enterprise either and you may convey this letter to the Barton v. Berry mediator.
You may treat this letter as my "meet and confer" in connection with motions for protective orders before both the Los Angeles Superior Court and the Federal Bankruptcy Court.
Very truly yours,
Graham E. Berry