Stipulation of Evidence in the USA vs. Mary Sue Hubbard

Scientology lawyer Kendrick Moxon named as unindicted co-conspirator
Scientology lawyer Kendrick Moxon named as unindicted co-conspirator

Notes about the following document from the person who scanned it

in from the original:

Presented for your edification is the complete Stipulation

of Evidence in the USA vs. Mary Sue Hubbard et al. case. I think

this document is particularly important in understanding the

lengths to which the Church of Scientology's agents (be they

GO, OSA, or RTC) will go to in order to protect their leaders.

This 300 page document is but a very small part of the 45,000+ pages

of documentation in this case alone. Additionally are some strange

and interesting documents. Such as the letters of character reference

for Mary Sue Hubbard in support of a plea for probation/parole.

Letters from the heads of a number of Scientology related

organizations (e.g. CCHR) are included. Paulette Cooper's name comes

up a fair amount; mostly pleading against the inordinate delays

created (e.g. 6 months to depose Mary Sue Hubbard on one particular

aspect).

In light of the recent revelations involving the Church of

Scientology in Greece, it becomes clear that the same guidelines

and policies are being applied in some areas (e.g. giving awards

for the theft of confidential government files).

The original is a very faded document that required a large amount

of editing to get a decent digital copy. As a result, there may be

some typos (not many, I hope). However, the original had a fair

number of typos and formatting inconsistencies itself. I have not

inserted any [sic]'s or other markings to indicate misspelling or

formatting problems that existed in the original.

From my understanding, the following document was agreed upon by

the defendants as a way to eliminate some of the discovery process

that would normally accompany such an extensive legal case. The

only reasoning I can come up with is that the prosecution and

defense were willing to make an open and shut case against the named

defendants in return for an agreement that the prosecution would

not go after L. Ron Hubbard.

Page breaks are marked with a complete line accross the page like so:

- ------------------------------------------------------------------

Footnote seperators are marked with an incomplete line accross the

page like so:

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********************************************************************

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UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

UNITED STATES OF AMERICA

V. Criminal No. 78-401 MARY SUE HUBBARD, et al.

S T I P U L A T I O N O F E V I D E N C E

- ----------------------------------------------------------------------

EXHIBIT

NUMBER DESCRIPTION SECTION PAGE

15 Document #118 liic 53-55

16 Document #115 iiic 56-57

17 Document #19669 IIID 59-61

18 Document #3778 IIID 60

19 Document #3801 IIID 59-61

20 Document #12898 IIID 59-61

21 Document #3799 IIID 59-61

22 Document #3661 IIID 59-61

23 Document #3664 IIID 59-61

24 Document #3806 IIID 59-61

25 Document #11244 IIID 59-61

26 Document #7394 IIID 61

27 Document #3656 IIID 59-61

28 Document #3610 IIID 61

29 Document #3811 IIID 61

30 Document #3814 IIID 61

31 Aerial photograph --

32 Document #8742 IIID 62-65

33 Document #3005 IIID 65-67

34 Document #2044 IIID 68-70

35 Document #2304 IIID 70-71

36 Document 014395 IIID 72-74

37 Document #14395 p. 57 at IIID 74

bottom right hand side.

38 Document #14399 IIID 72

38A Document #14399 p. 4 IIID 72-64

39 Document #2048 IIID 75-76

40 Document #4012 IIIF 82-83

41 Document #1405 IIID 77

- ----------------------------------------------------------------------

EXHIBIT

NUMBER DESCRIPTION SECTION PAGE

41A Documcnt 01405 p. 2 IIID 77

42 Document t2O55 IIID 78

43 Document #1403 IIIE 79-80

43A Document #1403 p. 2 IIIE 79

43B Document 01403 p. 4 IIIE 79

43C Document 01403 p. 5 IIIE 79

43D Document #1403 p. 6 IIIE 79

43E Document #1403 P. 3 IIIE 79-80

44 Document 012584 IIIF 83-85

45 Document 012607 IIIF 84-85

46 Document 01419 IIIF 85,108,110

46A Document #1419 p. 20 IIIC 40,85

[Document #1419, p. 61]

46B Document #1419 p. 21 IIIF 85,108-109,

[Document #1419, p. 8-101]

46C Document #1419 p. 23 IIIF 85

46D Document #1419 p. 25 IIIF 85

4T Document #12608 IIIF 83-84,86

48 Document #1431 IIIF 83

48A Document #1431 P. 3 IIIF 84,86

49 Document #1421 IIIF 87-88

50 Document 03660 IIIF 83-84,89

51 Document #3066 IIIc 51

52 Document #1541 III02 142-143

53 Document #9322 IIIG 90-92

54 Document #3676 IIIG 97-98

55 Document #3677 IIIG 97-98

56 Document #1410 IIID 78

56A Document #1410 p. 20 IIIF 89

56B Document #1410 p. 21 IIIF 89

56C Document #1410 p. 22 IIIH 105-106

- ----------------------------------------------------------------------

EXHIBIT

NUMBER DESCRIPTION SECTION PAGE

56D Document #1410 p. 23 IIIH 104-105

56E Document #1410 p. 43 IIIA 21

5T Document #11120 IIIH 106

58 Document 01427 III I 110-111

59 Document #21704 IIIJ 114-115

60 Document #21724 IIIJ 116-117

61 Meisner IRS Identification IIIK 121

card

62 Document #21626 IIIJ 118

63 Document #798 IIIG,O 95,142-143

64 Document #3956 IIIH 99-100

65 Document #1097 IIIL 124-125

66 Document #1098 IIIL 123-124

67 Document #14768 IIIL 126-127

68 Document #1412 IIIJ 118

69 Document #15779 IIIM 131

70 Document #15780 IIIM 131

71 Document #15781 IIIM 131

72 Document #15778 IIIM 132

73 Document #3102 IIIN 137-138

74 Document #3035 IIIN 137-138

75 Document #3036 IIIN 137-138

76 Document #3033 IIIN 137-138

77 Document 03099 IIIN 137-138

78 Document #10963 III01 141

79 Document 010958 III01 l4l-l42

80 Document #2459 III02 146-147

81 Document 12462 III02 148

82 Document #11561 III02 148

83 Document #11562 III02 148

84 Document #11584 III02 148

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vii

EXHIBIT

NUMBER DESCRIPTION SECTION PAGE

85 Documerit #2463 IIIO2 148-149

86 Document #15777 III02 148-149

87 Document #2461 III03 152

88 Document #14111 III03 152

89 Document #14110 III03 152

90 Document #14109 11103 152

91 Document #14108 III03 152

92 Document #14107 III03 152

93 Document #9989 III03 153

94 Document #9990 III03 153

95 Document #15772 III03 154

96 Document #826 IIIP 156-159

97 D.C. Bar Library Sign-in IIIP 162

Log of May 21, 1976

98 Document #3044 IIIP 164

99 Document #11571 IIIP 165

100 Document #14114 IIIP 165

101 Courthouse Sign-in Log IIIP 167

of May 28, 1976

102 D.C. Bar Library Sign-in IIIP 167

Log of May 28, 1976

103 Document #18601 IIIP 168

104 Document #14113 IIIP 168

105 Document #898 IIIP 170

106 D.C. Bar Library Sign-in Log IIIP 171

of June 11, 1976

107 Document #1550 IIIC 52

108 Document #8598 IVA 189

109 Document #555 IIIM 127

110 Document #17416-17417 IIIP 173

111 Document #8567 IIIG 91

112 Document 08908 IIIP 174

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viii

EXHIBIT

NUMBER DESCRIPTION SECTION PAGE

113 Quality Inn Motel (Arlington) IIIP 176

Registration Card

114 Document #11176 IVA 177

115 Document #3125 IVA 180

116 Document #14751 IVA 179

117 Document #14738 IVB 191

118 Document #14744 IVB 192

119 Document #14745 IVB 193

120 Document #14742 IVB 194

121 Document #14749 IVB 195

122 Document #14748 IVB 195

123 Document #13789 IVC 198

124 Document #13785 IVD 198-199

125 Document #11078 IVD 201

126 Document #11076 IVD 201

127 Document #11055 IVD 203-204

128 Document #14662 IVD 205

129 Docunent #14737 IVD 207

129A Document #14737 p. 2 IVD 206

129B Document #14737 P. 3 IVD 207

130 Document #14672 IVE 211

131 Document #11231 IVD 207-209

132 Document #11425 IVE 210-211

133 Document #13755-13756 IVE 212

134 Document #13758 IVE

212

135 Document #10755 IVF 218,219

136 Document #14658 IVF 218

137 Document #111667 IVF 216

138 Document #10706 IVF 219-220

139 Document #10744 IVF 222

140 Document #13757 IVF 222

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EXHIBIT

NUMBER DESCRIPTION SECTION PAGE

141 Document #14746 IVF 223-224

142 Document #14741 IVF 225

143 Document #10722 IVG 226

144 Document #10709 IVG 227-228

145 Document #8580 IVG 229

146 Document #1071@5 IVG 229

147 Document #14687 IVG 231

147A Document #14687 (2d letter IVG 232

from end)

147B Document #14687 last letter) IVG 232

148 Document #14689 IVH 232-233

149 Document #8575 IVH 234

150 Document #11215 IVH 235

151: Document #11175 IVH 236

152 Document #3135 IVH 237

153 Document #11179 IVH 238

154 Document #3146 ivi 238

155 Document #3145 ivi 238

156 Document #3144 ivi 239

157 Document #3143 ivi 240

158 Document #11232 ivi 240

159 Document #3153 ivi 241-242

160 Document #10066 ivi 243

161 Document #8574 ivi 243-244

162 Document #8576 ivi 243-244

163 Document #10067 ivi 244-245

164 Document #8573 ivi 246

165 Document #8572 ivi 246

166 Document #10070 ivi 245

167 Document #10071 ivi 247

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EXHIBIT

NUMBER DESCRIPTION SECTION PAGE

168 Document #11184 IVJ 249

169 Document #11183 IVJ 249

170 Document #11185 IVJ 251

171 Document #3148 IVL 266

172 Document #11201 IVL 267

173 Document #13141 IVL 266

174 Document #11199 IVL 268

175 Document #8555 IVM 272

176 Document #3150 IVM 273

177 Document #11203 IVM 273

178 Document #8558 IVM 273

179 Document #8548 IVM 274-276

180 Document #8544 IVM 277

181 Document #11204 IVM 277

182 Document #11202 IVM 274

183 Document #8561 IVM 278

184 Document #8563 IVM 279

185 Document #3147 IVM 280-282

187 Document #20107 IIIB 28-30

188 Document #20034 IVA 179-180,192

189 [not used]

190 FH Radio Monitor IIIB 25

191 Electronic device in gold IIIB 25

colored box

192 Battery connection IIIB 25

193 Telephone resonator IIIB 25

194 Wall receptacle IIIB 25

195 Spring steel shims IIIH 102

196 Spring steel shims IIIH 102

197 Spring steel shims IIIH 102

198 Spring steel shims IIIH 102

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EXHIBIT

NUMBER DESCRIPTION SECTION PAGE

199 Spring steel shims IIIH 102

200 Spring steel shims IIIH 102

201 Spring steel shims IIIH 102

202 Key micrometer IIIH 102

203 H.P.C., Inc. lock picking IIIH 101-102

kit

204 Handwriting given by Moxon IVE 212

to Hansen of FBI

205 Wolfe Personnel Record at IIIA 18

IRS

206 Thomas Personnel Record IIIG 94

at DOJ

207 Thomas Identification Card IIIG 94

at DOJ

208 Conference memorandum of IIIB 31

Lewis Hubbard of Nov. 1,1974

209 Conference memorandum of Lewis IIIB

Hubbard of Nov. 1, 'L974

210 FBI Lab Decode of document IIIB 30-31

#20106

211 FBI Lab Decode of documents IIIB 30-31

#20107

212 FBI Lab decode of document IVA 18o

#14751

213 FBI Lab decode of document IVB 194

#14742

214 Grand Jury docket entry Dec. IVG 225

15 9 1976

215- Gerald Wolfe Grand Jury IVK 255-260

testimony of June 10, 1977

216 FBI Lab decode of document IVB 192

#14744

217 Photograph of bugging equipment IIIB 25

218 Photograph of lockpicking IIIH 102

equipment

219 Document #7984 IVM 274-275

*All of the above exhibits are appended to the instant stipulation.

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UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

UNITED STATES OF AMERICA

V Criminal No. 78-401

MARY SUE HUBBARD, et al.

STIPULATION OF EVIDENCE

The United States of Americal through its attorneys,

United States Attorney Carl S. Rauh, Assistant United States

Attorneys Raymond Banoun, Timothy j. Reardon, III, and Steven

C. Tabackman, and the attorneys for the defendants: Leonard B.

Boudin, Esquire, and Michael L. Hertzberg, Esquire, for the

defendant Mary Sue Hubbard; Phillip j. Hirschkop, Esquire,

for the defendants Henning Heldt and Duke Snider; Rcger Zukerman,

Esquire, and Roger Spaeder, Esquire, for the defendants, Richard

Weigand and Gregory Willardson; Michael Nussbaum, Esquire, and

Earl C. Dudley, Esquire, for the defendants Cindy Raymond and

Mitchell Hermann, also known as Mike Cooper; John Kenneth

Zwerling, Esquire, for the defendants Gerald Bennet Wolfe; and

Leonard J. Koenickp Esquire for the defendant Sharon Thomas; as

well as the above-mentioned defendants themselves , agree and

stipulate that the evidence as to all the defendants is as follows:

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1. The Witness Michael J. Meisner

Michael J. mEisner, 29, was born in Chicago, Illinois.

He attended parochial elementary and secondary schools. He

studied at the University of Illinois at Urbana for two and

a half years from 1968 through 1970. Mr. Meisner became

interested in Scientology in November 1970 when he was intro-

duced to it by a friend. During the next two months,

he took several courses at the Urbana Church of Scientology

franchise and in January 1971 left the University to become a

full time course supervisor. He held this Position until

May 1971 when he was sent to the Church of Scientology of

St. Louis for two weeks of further training. He then returned

to Urbana, Illinois, where he resumed his duties as a course

supervisor until September 1971. At that time, he returned

to the St. Louis Church of Scientology where for the next eight

months he was trained to become an auditor. 1/ From May

1972 until August 1972, he resumed his duties as a course

- -------------------

1/ An "auditor" is a person who counsels Scientologists by applying the teachings and therapy methods of Scientology.

- ----------------------------------------------------------------------

supervisor and an auditor in Urbana, Illinois. In August

1972, lie assumed the position of Executive Director of the

franchise until June 1973.

In mid-May 1973, the defendant Duke Snider recruited

Mr. Meisner for the Guardian's Office of the Church of Scien-

tology in Washington, D.C. In a meeting in Washington,

D.C., the defendant Snider told him that he wanted him to

become part of the Intelligence Bureau of the Guardian's

Office. The Intelligence Bureau became the Information Bureau

Bureau [sic] in July 1973. In mid-June 1973, Mr. Meisner and his

wife Patricia were accepted for the Guardian's Office and

moved to the District of Columbia to take courses in prepara-

tion for assuming their duties as officials of that orgainiza-

tion. Upon becoming an officer of the Intelligence Bureau,

Mr. Meisner was instructed by the defendant Duke Snider that

that Bureau was in the forefront of the Guardian's Office

that is, it dealt with safeguarding the environment within

which Scientology existed by locating, removing and rendering

harmless all thore perceived to be enemies of Scientology,

This was accomplished by infiltration, theft of documents and

- ----------------------------------------------------------------------

covert operations. Following a week of training in Guardian's

Office procedures and policies in the District or Columbia,

Mr. Meisner was sent to Los Angeles, California, for more

intensive training in the Intelligence (Information) Bureau.

From July 1973 until October 1973, Mr. Meisner's training

in the Information Bureau of the Guardian's Office in Los

Angeles, California, included intensive courses in administra-

tive procedures, policies and practices of the Information

Bureau, as well as the Guardian's Office as a whole. These

included courses on the preparation of documents, such as

reports, "CSWS" (completed staff work), 2/ "programs," (later

denominated "Guardian Program Orders") "projects," "Guardian

Orders," and daily Intelligence reports. He also learned

the routing and format required in the preparation of documents.

Mr. Meisner was taught that strict adherence to the chain

of command and seniority within the organizational structure

- ---------

21 A "CSW" (completed staff work) is a request to a senior official for approval or disapproval of proposed action.

- ----------------------------------------------------------------------

was of paramount importance in the day-to-day operations of

the Guardian's Office, and more specifically the Information

Bureau. Mr. Meisner was Instructed that the routing placed

on each written document followed strictly that chain of

command so that each memorandum, report, etc., went to the

appropriate persons for approval and/or information. In a

clinical setting, Mr. Meisner also learned to conduct covert

investigations, surveillances "suitable guise" investiga-

tions, 3/ the recruiting and supervising of covert agents,

the placing of these agents in organizations that were to he

infiltrated, the theft of documents, and other overt and

covert intelligence gathering techniques. The defendant

Gregory Willardson, among others, supervised him in the

these areas. For a three-week period Mr. Meisner also cross-

filed memoranda and other [sic] covertly and overtly obtained

documents of interest to Scientology. He thereby became

intimately familiar with the sophisticated filing system

- ---------

3/ A "suitable guise" investigation is one where the investigator assumes a false or misleading identity in order to gain information otherwise unavailable to him.

- ----------------------------------------------------------------------

maintained by the Guardian's Office and its Information

Bureau. The absolute necessity of correctly labelling and

filing all documents obtained and kept by the Information

Bureau was emphasized to Mr. Meisner. Strict adherence to

these policies was mandated to assure that the Information

Bureau and the Guardian's Office functioned in a proper and

efficient manner.

In November 1973 Mr. Meisner returned to the District of Columbia as Branch II Director of the Information Bureau.

In that position he was responsible for internal security

matters. These included both the physical security of the

premises of the local Guardian's Office as well as the handl-

ing of all dissident and disaffected Scientologists. with

regard to the latter, his duties included obtaining personal

information which would prevent them fron becoming a nuisance

to Scientology. In January 1974, the Guardian World-Wide

Jane Kember elevated Mr. Meisner to the position of Assistant

Guardian for Information in the District of Columbia (AG I DC)

In his new post, Mr. Meisner was responsible for all overt

and covert intelligence investigations and operations. This

- ----------------------------------------------------------------------

included the implementation of all Guardian orders, programs,

and projects within the District of Columbia applicable to

the Information Bureau, as well as overall supervision of

all covert operatives in private and governmental agencies.

Until March 1974, the defendant Duke Snider was Mr. Meisner's

immediate supervisor. At that time, the defendant Snider

was Assistant Guardian for the District of Columbia (AG DC)

the highest position in the local Guardian's Office.

II.

Organizational Structure of the Guardian's Office

As a result of his intensive training in the Guardian's

Office as well as having held high positions within the

Information Bureau Mr. Meisner became thoroughly familiar

with the organizational structure of the Guardians Office

and its bureaus, both nationally and internationally. _Govern-

ment Exhibit No. 1A_ is a chart showing the organizational

structure of both the World-Wide and United States Guardian's

offices. At all times material to the indictment, the Guard-

- ----------------------------------------------------------------------

ian's Office had World-Wide headquarters at St. Hill Manor

in East Grinstead, Sussex, England; United States headquarters

in Los Angeles, California; and a local office in the District

of Coluubia and some thirty other cities throughout the

United States. 4/ Each of the Guardian's Offices was con-

posed of five bureaus: Information (prior to July 1973

known as the Intelligence Bureau), Public Relations, Legal,

Finance, and Social Coordination. A sixth bureau not shown

on _Government Exhibit No. 1A_ was known as the Services Bureau.

Each bureau was headed both at the World-Wide and national

level by a Deputy Guardian. At the local level each bureau

was headed by an Assistant Guardian.

At all times material to the indictment, L. Ron Hubbard

was, by virtue of his role as the founder and leader or

Scientology, overall supervisor of the Guardian's Office.

- ---------

4/ Including: New York City; Philidelphia, Clearwater,

Florida; Miami; Chicago; Detroit; St. Louis; Houston; Denver;

Seattle; San Diego; San Francisco; Sacramento, California;

Hawaii; I.as Vegas; Los Angeles; Advanced Organization of Los

Angeles; American Saint Hill Organization (Los Angeles);

Portland, Oregon; Mexico City (which is under the jurisdic-

tion of the United States Guardian's Office).

- ----------------------------------------------------------------------

His wife, the defendant Mary Sue Hubbard, held the titles of

"Controller" and "Commodore Staff Guardian" (CSG) and, as the

second person in the hierarchy of Scientology, had duties

which included supervision of the Guardian's Office. Jane

Kember held the title of "Guardian World-Wide" (GWW) and headed

the daily operations of all Guardian's Offices, reporting

directly to the defendant Mary Sue Hubbard who in turn reported

directly to L. Ron Hubbard. The Deputy Guardian for Informa-

tion World-liide (DG I WW) was Morris Budiong, also known as

Mo Budlong (hereafter Mo Budlong). He supervised all

Information Bureaus around the world and reported

to Jane Kember. The defendant Henning Heldt was the Deputy

Guardian for the United States (DG US) supervising all Guard-

ian's Offices in the United States. He reported directly to

Jane Kember.

_Government Exhihit No. 1B_ is an organizational chart of

the Information Bureau in the United States from November

1973 until January 1976 when it was reorganized. The defendant

Duke Snider was Deputy Guardian for Information in the United

States (DG I US) from March 1974 until January 1975, a position

- ----------------------------------------------------------------------

thereafter held by the defendant Richard Weigand. Beginning

in January 1975 and at all other relevant times charged in

the indictment, the defendant Snider was Deputy Deputy Guardian

for the United States (DDG US) and in that capacity was the

defendant Heldt's top assistant. In October 1975, the defendant

Gregory Willardson became the Deptuty Deputy Guardian for Infor-

mation U.S. (DDG I US). Prior to that date he had held the

position of Branch I Director U.S. (BR I DIR US). The defend-

ant Cindy Raymond was the Collections Officer for the United

States (COLL OFF US). She was responsible for the overt, and

covert data collection for the Information Bureau.

_Government Exhibit 1C_ is an organization chart of the

Information Bureau in the United States after its reorganiza-

tion in January 1976. Following the removal of the defendant

Richard Weigand from the position of Deputy Guardian for

Information U.S. on approximately May 15, 1977, that postition

was assumed by Brian Andrus until June 16, 1977, and there-

after by the defendant Gregory Willardson. From January 1976

until May 1977, Mr. Willardson held the position of Deputy

Deputy Guardian Information U.S. (DDG I US). For the period

- ----------------------------------------------------------------------

January 1976 to June 1976, Mr. Willardson also held the

position of National Secretary for the Information Bureau U.S.

(NATL SEC US). 5/ From June 1976 until August 1976 the

position of National Secretary was held by Michael Meisner,

who was succeeded in September 1976 by the defendant Cindy

Raymond.

Government Exhibit No. 1D is an organizational chart of

the Information Bureau in the District of Columbia. From

January 1974 until June 1976, Mr. Meisner held the position of

Assistant Guardian for Information in the District of Columbia

(AG I DC). Immediately under him was the defendant

Hermann who held the position of Information Branch I Director

from January 1974 until March 1975. The defendant Hermann,

using the alias "Mike Cooper," subsequently held the position

of Southeast U.S. Secretary (SEUS SEC) from January 1976

until March 1977 when he was succeeded by Brian Andrus.

- --------------------

5/ That was commonly reffered to in Scientology as a

position "held from above" or "HFA" both of which appear on

the routing portion of certain documnets and which connotes

that an individual ia assuring the responsibilities of more

than one position at the same time.

- -----------------------------------------------------------

(See Government Exhibit No. 1C, supra.)

The routing on each document prepared within the Guard-

ian's Office of the Church of Scientology, and its under-

lying bureaus, tracks the organizationial charts. (Government

Exhibits Nos. IA-ID.) Thus, in the routing portion of each

document is the abbreviation of each of the positions held

by the Persons who were to receive the particular documents,

as well as that of the author of the document. (See, e.g.

Government Exhibit 14, discussed at page 48, infra.

From January 1974 when Mr. Meisner joined the Guardian's

Office until he left the Church of Scientology in June 1977,

Mr. Meisner had extensive person to person contacts with

the defendants Henning Heldt, Duke Snider, Richard Weigand,

Gregory Willardson, Cindy Raymond, Mitchell Hermann, Gerald

Bennett Wolfe and Sharon Thomas. During some of the periods

charged in each conspiracy, the latter four defendants were

in fact, subordinates of Mr. Meisner. Mr. Meisner repeatedly

met with each of these eight defendants. He exchanged many

written communication with them, especially the first six

named defendants as well, as the defendant Mary Sue Hubbard.

- -----------------------------------------------------------

He became intimately familiar, with the handwriting and signa-

ture of the defendants, and thus is able to identify their

writings and signature wherever it appears on the documents

appended to the instant record as Government Exhibits. Indeed

he witnessed most of the defendants write and sign their

names in his presence.

III.

The Conspiracy to Intercept Oral

Communications, Burglarize and

Steal, and the Substantive Acts

Committed Pursuant Thereto.

On November 21, 1973, Jane Kember, the Guardian World-

Wide (Guardian W/W) wrote a letter to the Temporary Deputy

Guardian U.S. (T/D/Guatrdian US) Henning Heldt "Re Interpol

Washington." (See Government Exhibit No. 26/ at page 3,

- --------------------

6/ Government Exhibit No. 2, as well as all documents

marked Government Exhibits No. 3 to 30, 32-60, 62-96,

103-105, 107-112, 114-185, 187-188, 210-213, 216, 219

seized by agents of the Federal Bureau of Investigation from

two Guardian's Office locations known as the Fifield Manor

and the Cedars Complex in Los Angeles, California, pursuant

to lawful United States Magistrate search warrants executed

July 7, 1977. Government Exhibit No. 2 was seized by Special

Agent Lawrence W. Cross from a file cabinet in the office of

the defendant Willardson at the Cedars Complex.

- -----------------------------------------------------------

et seq.) in that handwritten letter, she informed the defendant

Henning Heldt that the Guardian's Office has "some documents,

_illegally_obtained_, that indicate Interpol Washington was in

touch with Interpol Paris, London, Melbourne, Ottawa and

Lomba Malawi.11 (Emphasis' added.) She added at page two of

that letter that "we now know that Washington D.C. has police

files on LRH, and _if_ the reference is correct, Interpol

Washington has a file on LRH as well." She then directecd that

"[I]t is important that we get cracking and obtain these

files and I leave you to work out how." Attached to that

letter were a number of Interpol documents.

In his three and one half years as an official of the

Guardian's Office, including serving as the highest

official of the Information Bureau in the District of Columbia

and the national Secretary of the Information Bureau in the

United States, Mr. Meisner met and exchanged communications

with Ms. Kember. He has also seen numerous communications

from her to other Guardian's Office officials. Based on that

experience, Mr. Meisner became familiar with her handwriting.

He Recognizes the handwriting in the above-mentioned letter

- -----------------------------------------------------------

as that of Jane Kember. Mr. Meisner also recognizes the

routing in the upper left-hand corner, or page three to be in

accordance with the required routing procedures of the Guard-

ians Office. 7/

Government Exhibit No. 2, pages one and two, is a letter

signed "Henning" addressed to "Dear Dick" dated 29 April 1975,

- --------------------

7/ Kathryn E. Hirsch, another former official of the

Church of Scientology, held many positions in that organization

both in Los Angeles, California, and in the United Kingdom at

East Grinstead, Sussex. From December 1972 until March 1973

and from June 1973 until September, 1973, she worked at the

World-Wide headquaters of the Guardian's offfice

of Scientology at St. Hill Manor, East Grinstead, Sussex, in

Great Britain. During that period she held the position of

Finance Actions Director World-Wide and had personal contact

with the Guardian World-Wide, Jane Kember. She repeatedly

witnessed Ms. Kember sign her name and written memoranda and

exchanged handwritten correspondence with her. Futhermore,

as Finance Director, World-Wide she was responsible

for keeping financial records or all Scientology organizations

throughout the world and was also custodian of signatory

cards for all bank accounts of these organizations. i-I II e

member was one or four persons in the Church of Scientology

who was a signitory for each Scientology bank account. As a

result of her, position, Ms. Hirsch became intimately familiar

with and able to identify Ms. Kember's handwriting. Ms.

Hirsch recognizes the handwriting on Government Exhibit No.

2, pages three and four as that of Ms. Kember. She also

recognizes the routing in the upper, left-hand corner of page

three to be in accordance with the routing procedure required

by the Guardian's Office.

- -----------------------------------------------------------

referring specifically to the November 21, 1973 order of

Jane Kember which, the letter indicated, was attached to it.

The letter concluded "while Legal is doing FOI [Freedom of

Information Act] actions to obtain these (documents), please

have B-1 [Information Bureau-Bureau 1] obtain them (the

Legal route is at best lengthy.)" According to the routing

portion located on the upper left hand corner of the document

the letter was sent by the Deputy Guardian U.S. (DG US) , the

defendant Henning Beldt, to the DC Info US, the defendant

Richard Weigand. Next to the abbreviation "DO Info US" are

the initials "DW" of the defendant Richard [Dick] Weigand.

Mr. Meisner identifies the signature and handwritten entry

on page two of Government Exhibit No. 2 as the handwriting

of the defendant Henning Heldt. The Government's handwriting

analysis expert, Mr. James Miller, positively concludes that

both the signature and the three-line handwritten note on

page two of that document is in the handwriting of the defendant Heldt.

In July 1974 the defendant Duke Snider, who was at the

time Deputy Guardian for Information in the United States,

- -----------------------------------------------------------

sent a written order to Michael Meisner, the Assistant Guardian

for Information in the District of Columbia. That order

referred to Jane Kember's outstanding order to obtain Interpol

files regarding Scientology from District of Columbia Interpol

offices. The Snider order directed Mr. Meisner to prepare a

"project" to obtain all these Interpol files. Pursuant to that

directive, Mr. Geiser, drafted such a "project" and sent it

to the defendant Snider in Los Angeles for laws approval. The

"project" called for the infiltration of the Interpol National

Central Bureau for the United States, then located in the

United States Department of the Treasury main building in

Washington, D.C., in order to obtain all files regarding, or,

referring to, Scientology and its founder L.Ron Hubbard

The defendant Snider acknowledged the receipt of that "project,"

and by return mail approved its issuance. Mr. Meisnier there-

after assigned the "project" to the defendant Mitchell Hermann,

who was then Branch I Director in the District of Columbia

Information Bureau. The Interpol files required to be obtain-

ed by Ms. Kember's outstanding order of November 21, 1973

(Government Exhibit No. 2) and Mr. Snider's order of July

- -----------------------------------------------------------

1974, were not taken, however, until the burglaries of the

office of Assistant United States Attorney Nathan Dodell in

the United States Courthouse for the District of Columbia in

May 1976. In a 2 May 1975 letter to Henning Heldt, the DG

US, appearing on the last page of Government Exhibit No. 2,

the defendant Richard Weigand stated that as of that date

the order requiring the obtaining of the "IP" [Interpol] DC

files hasn't begun yet". Mr. Meisner identifies the signature

"Dick" as having been made by the defendant Weigand.

A. The Order to Infiltrate the Internal

Revenue Service in Washignton, D.C.

In the late summer of 1974, the defendant Cindy Raymond,

who then held the position of Collections Officer in the US

Information Bureau in Los Angeles, California, sent a directive

to Hichael Meisner ordering him to recruit a loyal Scientologist

to be placed as a covert agent at Internal Revenue Service

in Washington, D.C. That covert operative was to obtain

employment with the Internal Revenue Service for the pur-

pose of taking from that agency all documents which dealt with

- -----------------------------------------------------------

Scientology, including those concerning pending litigation

initiated by Scientology against the United States Government.

Mr. Meisner discussed the recruiting of that covert operative

with the defendant Raymond on at least a weekly basis for

three to four weeks. 8/ As a result of the directive

which he received from Ms. Raymond and the discussions with

her, Mr. Meisner and the defendant Mitchell Hermann proceeded

to interview Scientologists as prospective agents for the

IRS infiltration. The efforts of Messrs. Meisner and Hermann

proved futile however, and the defendants Raymond in September,

1974 informed Mr. Meisner that she had selected defendant

Gerald Bennett Wolfe to infiltrate the IRS on behalf of the

Church of Scientology. Mr. Wolfe arrived in the District of

Columbia in October 1974, and eventually obtained employment

at the IRS on November 18, 1974, as a clerk typist.

8/ Mr. Meisner had repeated and extensive dealings with

the defendant Raymond who was one of his superiors in Los

Angeles; he had with her on several occasions and had

become able to identify her voice.

- -----------------------------------------------------------

Government Exhibit Nos. 3 9/and 4 10/ are virtually

identical copies of Guardian Order 1361 issued 21 October

1974 Mr. Meisner and Ms. Hirsch state that the document

in question was issued by the Guardian World-Wide Jane Kember

in accordance with required Guardian Office procedure for

the issuance of Guardian Orders. 11/ Ms. Hirsch identifies

the initials which appear at the lower, left-hand of page ten

on each exhibit as those of Lexie Ramirez (Ms. Kember's

secretary at the time). Furthermore, Mr. Meisner states

that certain targets (target number 10, 16 and 17 located at

page nine of Government Exhibit Nos. 3 and 4), were specif-

cally assigned to him to carry out in the District of Columbia.

- ---------------------

9/ Government Exhibit No. 3 was seized by Special Agent James R. Kramarsic from a file cabinet in the office of the defendant Heldt at Fifield Manor.

10/ Government Exhibit No. 4 was seized by Special Agent Robert H. Clauduis from a file cabinet in Room 5 at the Cedars Complex.

ll/ A "Guardian Order" (later called "Guardian Program

Order") is an official order directing the implementation of

a program, outlining it's purpose, the "ideal scene" which its

implementation is to create, and the various targets which

have to be put into effect. It also designates the official

and bureau responsible for carrying out, the particular target(s).

Only L. Ron Hubbard, Mary Sue Hubbard and Jane Kember have

authority to issue Guardian Orders. While such orders may

be drafted and proposed by other high officials, they may be

issued only by one of the above-mentioned three individuals.

- -----------------------------------------------------------

These targets were as follows:

10. Immediately get an agent into DC

IRS to obtain files on LRH.

Scientology, etc. in the Chief

Council's [sic] office, the Special

Services staff, the intelligence

division, Audit Division, and any

other areas.

16. Collect data on the Justice Dept.

Tax Division for the org board, the

current terminals, and the people

handling Scicntology.

17. When the correct areas are isolated,

infiltrate and get the files.

The entry at the end of each target, and connected to it by a

straight line, refers to the bureau and official whose task it

is to achieve that particular target. Guardian Order 1361

(generally known as GO 1361) also called for the placing of

- -----------------------------------------------------------

"an agent, trustworthy and well grooved in, to infiltrate

the IRS LA office" (target 2). That "agent" was "to obtain

any files on LRH, Scientology", etc. from both the Intelligence

Division (target 3) and the Audit Division (target 4) of the Los

Angeles IRS Office. It also called for the location (target 20)

and infiltration (target 22) of the IRS London Office in

order to "obtain all documents" (target 22). 12/ Guardian

Order 1361 directed that once documents had been obtained

clandestinely, the designated bureau and official would

create "suitable cover" to disguise the manner in which "the

data was obtained" so that they may be released to "PR [Public

Relations] for dead agenting," that is, for possible use in

impeaching those perceived as enemies of Scientology.

- ------------

12/ On or about March 3, 1976, U.S. Directorate Secretary

World-Wide Michael Taylor informed the defendant Willarson

that the IRS London targets had been "handled." See the hand-

written notation at the lower left hand side of Government

Exhibit No. 56E. Mr. Meisner identifies the "greg" signature

at the end of the letter and the initials "GW" next to the

title "Natl Sec US B1" in the routing as having been made by

the defendant Willardson.

- -----------------------------------------------------------

The defendant Cindy Raymond repeatedly discussed GO 1361

and its various targets with Mr. Meisner over a period of two

years. Indeed, defendants Henning Heldt, Duke Snider, Richard

Weigand, Gregory Willardson, Mitchell Hermann, and Gerald

Bennett Wolfe also discussed on many occasions with Mr.

Meisner the actual implementation of GO 1361. in the District

of Columbia. These conversations occurred both in person, in

writing and by telephone. Those in person took place in

Washington, D.C., and Los Angeles, California, and are dis-

cussed at length infra. At all times these seven defendants

expressed their agreement with, and total understanding of,

the targets within GO 1361, a number of which involved the

infiltration of Government offices and the theft of government

documents and photocopies thereof as called for by targets

10, 16 and 17.

B. The Bugging of the IRS Cheif Counsel's

Conference Room on November 1, 1974

A few days before November 1, 1974, Don Alverzo, who held

the position or Deputy Information Branch I Director US tele-

phoned Mr. Meisner from Los Angeles, California, to inform

- -----------------------------------------------------------

him that he was coming to the District of Columbia to place

an electronic bugging device in the Chief Counsel's

conference room at the Internal Revenue Service where a major

meeting concerning Scientology was to be held. On October

30, 1974, Mr. Meisner met Mr. Alverzo at the Guardian's Office

located at 2125 S Street, Northwest, in the District of

Columbia. Also present at this meeting were the defendants

Mitchell Hermann and Bruce Ullman who held the position of

Information Branch II Director in the District of Columbia.

Alverzo showed Meisner the bugging device which he had

brought with him from Los Angeles. One of the items Alverzo

had was a multiple electric outlet containing a transmitting

device. In the late afternoon of October 30 Mr. Meisner

and the defendant Mitchell Hermann entered the main IRS build-

ing located at 1111 Constitution Avenue, northwest, for the

purpose of locating the conference room of the Chief Counsel's

office where the meeting was to be held on November 1, 1974 13/

- ----------------

13/ The Guardian's Office had received notification that

such a meeting was to be held through attorneys who represented

the Church of Scientology in their pending lawsuit regarding

the tax exempt status of some churches of Scientology.

- -----------------------------------------------------------

On November 1, 1974, because of other pressing business

Mr. Meisner did not accompany Mr. Alverzo during the IRS

bugging. However, on the evening of November 1, 1974

subsequent to the IRS conference, Mesiner met with the

defendant Mitchell Hermann who described to him what had

taken place. The defendant Hermann told Mr. Meisner that ha

had entered the main IRS building on the morning of November

1, 1974, gone to the conference room, where the meeting was

to be held and placed the bugging device in a wall socket

in that room. The room was located on the fourth floor of

the Internal Revenue Service main building in Washington

D.C. and faced the driveway of the Smithsonian Institution

Museum of History and Technology on Constitution Avenue

Northwest. 14/ Thereafter, Hermann left the building and

waited in a car in the driveway of the mueseum with Don Alverzo

and Carla Moxon (the Assistant Guardian Communicator (Secretary)

in the District of Columbia) and overheard and taped the

- -----------------

14/ In fact, that conference room was actually located

there on November 1, 1974.

- -----------------------------------------------------------

entire meeting over the FM radio of the car. Following the

conclusion of the meeting, the defendant Hermann creentered

the IRS building, removed the bugging equipment from the

conference room and took various papers, including the agenda

for the meeting, which had been left by the participants.

He showed these items to Mr. Meisner. Soon afterwards Alverzo

returned to Los Angeles. He took with him the bugging device,

and the tape recording of the meeting. 15/

- ------------------

15/ During the lawful execution of United States Magi-

trate search warrants unpn premises of the Church of Scientology

of California known as the Cedars Complex on July 8, 1977

Federal Bureau of Investigation Special Agent Eusebic Benavidez

seized a black suitcase containing electronic bugging

devices from the office of the defendant Gregory Willardson

These included Exhibits 190 to 194. See photograph marked

Government Exhibit No. 217 appended hereto. Federal Bureau

of Investigation Agent James O. Davis, assigned to the labora-

tory at FBI headquarters and an expert on electronic bugging

devices, concludes that Government Exhibit No. 190 is an FM

radio monitor; Government Exhibit No. 191 is an electronic

device in a gold colored box which he found to be "a miniature

transmitter primarily used for the surreptitious intercepton

or oral communications"; and Government Exhibit No. 192 is a

battery connection which he concluded was a "miniature frequency

modulated radio transmitter." Agent Davis also finds that

Exhibit No. 193 is a telephone resonator which he describes

as a "transmitter unit from a standard phone handset." It

also allows one to use a standard FM radio to monitor phone

(Footnote continued on next page.)

- -----------------------------------------------------------

Covernnent Exhibit No. 5 16/ is a November 1, 1974

letter, entitled "Re: IRS Top Planning Session," from the

defendant Duke Snider who was then, as reflected by the

routing on the upper left hand side of the first page, the

DG Info US. to Mo Budlong, the DG Info World-Wide. The

letter is sent via a number of other individuals. A copy

was also sent, according to the routing on the upper portion

of the first page, to CSG, the defendant Mary Sue Hubbard.

Mr. Meisner states that the routing conforms to the standard

routing requiremennts of the Guardian Office and indicates

that it was sent by the defendant Snider to Mr. Budlong.

Handwriting expert, James Miller, concludes that it is

probable that the handwritten notations "Top Planning Session"

- ---------------

(footnote continued from proceeding page.)

conversation. Goverment Exhibit 194 is a wall receptacle

which Agent Davis states is a "miniature frequency modulated

radio transmitter concealed in a standard three-plug wall

receptacle," and which would allow the user to employ a

standard FM radio for monitoring purposes. Agent Davis

concludes that in his opinion all these items are "primarily

used for the surreptitious interception of oral communications."

16/ Government Exhibit No. 5 was seized by Agent

Jerry D. Delap, from a filing cabinet located in the Information

Bureau at the Cedars Complex, and inventoried and initialed

by Special Agent John F. Keller.

- -----------------------------------------------------------

in the title of the letter and the one on the second page

or the document are in the handwriting of the defendant

Duke Snider. Mr. Meisner himself recognizes that handwriting

to be that of the defendant Duke Snider.

The letter stated that "[t]oday we gained access to the

top level IRS planning conference on what to do about Scien-

tology. This was done electronically so we don't know exactly

who was present but we have a fair estimate. Legal had told

us several viecks ago that there was to be a big IRS Pow Wow

on what to do about us on 1 Nov. . . . " The letter further

stated that the meeting was held in IRS Chief Counsel's

conference room and that the participants discussed some of

the matters which were taken up at the meeting. In the

letter, the defendant Snider stated that he "will probably

be able to got more data as to who attended when our mission-

aire 17/ gets back from DC. All the data we have at present

came by phone.''

- ---------------

17/ A missionaire is a person sent to a certain location with specific mission orders to carry out-in this case Mr.

Alverzo.

- -----------------------------------------------------------

Government Exhibits Nos. 6 and 187 are coded transcripts

of the bugged IRS meeting of November 1, 1974. Government

Exhibit No. 6 is a summary of the meeting. Mr. Meisner

identifies Government Exhibit No. 6 by the routing in the

upper left-hand and right-hand sides of the first page. As

reflected in its routing, it was sent by the then DG Info US,

the defendant Snider, to the DG Info World-Wide, Mo Budlong,

via. the DG US, the defendant Henning Heldt and the Guardian

World-Wide, Jane Kember, with a copy to CSG, the defendant

Mary Sue Hubbard. Government Exhibit Nos. 7A and 7B are code

Jade. The handwritten entries on page two of Government

Exhibit No. 7B, indicated that this was a code which is to

be used for correspondence between the United States

Office and the World-Wide Guardian's Office among others.

Code Jade was not to be used with "outer-orgs" meaning local

Guardian's Offices. Government Exhibits Nos. 6, 7 and 187 were

seized on July 8, 1977, in Los Angeles, California, by Federal

Bureau of Investigation Special Agent Eusebio Benavidez pursuant

to the Court-authorized search warrant described in footnote six,

- -----------------------------------------------------------

supra, from a file cabinet in the office of Gregory Willardson

in the Cedars Complex.

Federal Bureau of Investigation Special Agent Arthur R.

Eberhardt, a Federal Bureau of Investigation cryptanalyst

examined Government Exhibits Nos. 6 and 187 and concludes that

they were coded texts each utilizing two different methods of

substitution codes. One method is a "digital code" which

uses the substitution of digits 10 through 99 for the various

letters of the alphabet, thereby allowing the author to sub-

stitute a variety of digits for any given plaintext letter

The other method is a "literal code" which involves the

substitution of letters or a word or words. Encoded letters

have only one plaintext value and retain the same value at

all times. Agent Eberhardt also analyzed Government Exhibit

Nos. 7A and 7B and concludes that code Jade as set forth in

these exhibits was the code used It-Iri prepare the

marked Government Exhibit Nos. 6 and 187. Using code Jade

(Government Exhibils 7A and 7B) Agent Eberhardt decoded

Government Exhibits 6 and 187. He did so by writing above

- -----------------------------------------------------------

all coded items its decoded meaning. Thus Government Exhi-

bit 6 as decoded is Government Exhibit 210 and Government

Exhibit 187 as decoded is Government Exhibit 211. These

exhibits are transcripts of the bugged meeting held in the

IRS Chief Counsel's conference room on November 1, 1974.

Government Exhibit 210 is a summary of that transcript and

Government Exhibit 211 is the full transcript. At the bottom

of page six and at the top of page seven of Goverment Exhibit

210 the defendant Snider wrote to his superior Mo Budlong

that "[w]e must be careful with this transcript as even in the

distant future in the hands of the enemy the repercussions

would be great. There are new laws on this federally and a

strong post-Watergate Judicial climate." Thus, the

Duke Snider, himself recognized in this letter the criminal

implications of the bugginng of the IRS meeting on November

1, 1971.

On November 1, 1971, Mr. Lewis Hubbard, was employed by

the Office of the Chief Counsel of the Internal Revenue

Service at 1111 Constitution Avenue, Northwest, and on that

date attended a meeting in the Chief Counsel's conference

- -----------------------------------------------------------

room. Numerous other high officials of the IRS attended

this meeting. Mr. Hubbard states that the IRS held the

November 1, 1974 conference to disscuss pending legal actions

involving the various churches Of Scientology and to establish

general guidelines for determination oh what constituted a

"religious institution" entitled to exemption from taxation

under the Internal Revenue Code. Mr. Hubbard has produced

from his files a lengthy pre-conference memorandum which he

prepared at the request of the Chief Counsel in order to

brief all persons who were to attend the November 1, 1974

conference regarding the topics to be discussed (Government

Exhibit No. 208). He has also produced a post-conference

memorandum which he prepaired following the conclusion of the

November 1, 1974 conference and which outlines the matters

discussed at that conference (Government Exhibit No. 209).

A comparison of these two exhibits with Government Exhibits

Nos. 210 and 211, (the FBI decodes of Government Exhibits Nos.

6 and 187 respectively seized from the offices of the defendant

Willardson at the Cedars Complex by the Federal Bureau of

- -----------------------------------------------------------

Investigation) demonstrates that all four exhibits deal with

precisely the same discussions.

C. The First Infiltration of the IRS in the

District of Columbia Pursuant to GO 1361

Government Exhibits Nos. 8-11 18/ are a series of

documents containing numerous telexes and letters dealing

with the infiltration of the Internal Revenue Service by the

defendant Gerald Bennett Wolfe pursuant to GO 1361. Mr.

Meisner identifies the telexes as being in the standard

telex routing and format employed by the Guardian's Office

and the Information Bureau whenever sending telexes during

this period. Government Exhibit No. 8A reads as follows:

TELEX

311039GOUS 4 AGI DC VIA DG US MIKE

WHAT HAPPENED ON GETTING FSM PAST HIRING

FREEZE ON TARGET ARC AM CHECKING OUR LINES

FOR JUSTICE PERSON AS PREVIOUS ONE FELL

THROUGH ARC CONTINUE TO LOOK YOUR END ARC

TLX REPLY LOVE DUKE DGI US

- ----------------

18/ Government Exhibits Nos. 8-11 were seized by Special Agent James J. Smith from Room 4 of the Information Bureau at the Cedars Complex.

- -----------------------------------------------------------

Mr. Meisner explains that the numerals at the beginning

of the first line of the telex represent the following:

31 - day

10 - month

39 - number of the telex sent from the U.S.

Guardian's Office on 31/10/1974

GOUS - Guardian Office US, originator of the telex

4 - the number of telexes on that topic

AGI DC - the addressee

The date "3110," meaning October 31, using the European system

for setting out the date indicates that the first telex

on this topic was sent on October 31. The routine also shows

that this is the fourth telex on the topic discussed in the

text of the telex, and the handwritten notation on the

states that it was sent on "11.10.74" or November 10, 1974.

The concluding line "Love Duke DGI US" reveals that it was

sent by the defendant, Duke Snider, the Deputy Guardian for

Information in the United States. The abbreviation "ARC" is

a Scientology term used in telexes as an alternative to

"STOP". "FSM" is an abbreviation for "field staff member"

a term, used in the Information Bureau for covert operatives.

All other telexes in Government Exhibits Nos. 8 through 11

carry the same routing and format and thus explain when they

- -----------------------------------------------------------

were sent, by whom, and to whom, as well as the sequence

in which they were sent. Thus, Government Exhibit No. 8A is

a telex from the defendant Snider, the "DGI US" to Michael

Meisner the "AGI DC." Mr. Meisner recalls having received

it from the defendant Snider. In it, the defendant Snider

inquired whether Gerald Bennett Wolfe, the "FSM" to be placed

at the IRS had been able to obtain employment in view of the

hiring freeze there. Handwriting expert James Miller concludes

that it is "highly probable" that the initials "DS" next

to "DGI US" were written by the defendant Snider. Mr.

Meisner identifies them as initials made by the defendant

Snider. Government Exhibit No. 8B is the telex which Mr.

Meisner, the "AGI DC," sent to "DGI US" Duke Snider, via

"DG US" Henning Heldt stating that Gerald Wolfe, the "FSM"

had apparently passed the hiring freeze and that they "will

know for sure" Whether he has received employment by November

18 at the latest. A notation on that telex indicates that it

was received on "11.11.74" at "2000" hours (8:00 p.m.).

Government Exhibit No. 8C is a telex from the defendant Snider,

the "DGI US," to Mr. Meisner, the "AGI DC," stating "excellent

- ---------------------------------------------------------------

on both pls [please] keep me informed by telex". Mr. Meisner,

also recalls receiving that telex from the defendant Snider.

The handwriting "IRS + JUSTICE PENETRATION" in the upper

portion of Government Exhibit No. 8C is identified by

Meisner, as that of the defendant Duke Snider.

Government Exhibit No. 8D is a telex from Mr. Meisner

to the Guardian's Office U.S. in Los Angeles, California,

informing it that "FSM past freeze and in initial placement

in Income Tax Division as clerical." In this manner, Meisner

notified the Los Angeles Guardian's Office that the defendant

Wolfe had obtained employment and was working as a clerk at

the IRS Income Tax Division. Mr. Meisner recalls sending

this particular telex to the defendant Snider, Government

Exhibit No. 8E is a response to the previous telex from

"DGI US" Duke Snider to "AGI DC" Meisner congratulating Mr.

Meisner for his work. The abbreviation "VVWD" means "very

very well done". Mr. Meisner recalls receiving that telex.

Government Exhibit 8, the cover letter dated November 11,

1974 was written by Mr. Joe Lisa, the Deputy Deputy Guardian

for Information U.S. (DDG I US), to the defendant Gregory

- ---------------------------------------------------------------

Willardson, the Information Branch I Director U.S., regarding

the "IRS evaluation" GO 1361, target 10, and directed Mr.

Willardson "to get this started immediately and push this

hard" to get it accomplished. 19/

Government Exhibit No. 9A is a telex sent on "14.11"

November 14 1974) by "DGI US" Duke Snider, to DGI WW,"

Mo Budlong, "Re: GO 1361 Tar [target] 10," which informed Mr.

Budlong, that despite the national hiring freeze defendant

Gerald Bennett Wolfe had accepted employment at the IRS.

Mr. James Miller, the handwriting expert, positively indenti-

fied the defendant Henning Heldt as the writer of the initials

next to "DG US" and states that the initials next to "DGI US"

were probably written by the defendant Duke Snider. Mr.

Meisner himself recognizes the handwriting "despite freeze"

and the initials next to "DGI US" are made by the defendant

Snider, and the initials next to "DG US" as made by the defendant

Heldt. Government Exhibit No. 9 is a telex received "15.11.74"

- -------------------

19/ Mr. Meisner states that GO 1361 was also known as

"IRS EVAL" [evaluation]

- ---------------------------------------------------------------

(November 15, 1974) at "2000" hours (8:00 P.M.) from Mr.

Budlong to the defendant Snider, the "DGI US," which con-

gratulated him on the placement of a covert agent at IRS.

The routing at the beginning of the telex indicates that

it is in response to Government Exhibit No. 9A. Mr. Meisner

recognizes the handwriting on the upper portion of Government

Exhibit No. 9 as that of the defendant Duke Snider.

During the first week of Decembecr 1974 Meisner and the

defendant Mitchell Hermann entered the IRS building located

at 1111 Constitution Avenue, Northwest, Washington, D.C., and

remained inside until sometime after 7:00 p.m. At that

time, Mr. Meisner and the defendant Hermann entered without

permission offices of the Exempt Organization Division on

the seventh floor; removed from the building one file relat-

ing to Scientology and took it to the Guardian's Office in

Washington, D.C.; and photocopied it there. The next day,

the defendant Hermann returned it to the IRS files. The pur-

poso of their entry was to show to the defendant Gerald Bennett

Wolfe that documents could easily be taken from the Internal

- ---------------------------------------------------------------

Revenue Offices. Following that entry, Mr. Meisner called

the defendant Duke Snider in Los Angeles, California, and

told him what he and Hermann had accomplished inside the IRS

and what documents had been stolen. He told the defendant

Snider that the entry which he and Hermann had made proved

conclusively the ease with which documents could be taken from

the IRS.

Government Exhibit No. 10A is a telex sent on December 4,

1974 at "2200" hours by the "DGI US," Duke Snider, to the "DGI

WW" Mo Budlong regarding "GO 1361 TAR 10." The telex informed

Mr. Budlong that the defendant Snider and his associates had

received "two shipments from DC . . . about ten inches" thick

containing documents which the defendants Hermann and Wolfe and

Mr. Meisner had stolen from the IRS. Handwriting Expert

James Miller concludes that the initials next to "DGUS" were

probably made by the defendant Heldt and that the initials

next to "DGIUS" were highly propobly by made by the defendant

Snider. Mr. Meisner recognizes each set of initial as being

made by the defendants Heldt and Duke Snider respectively.

- ---------------------------------------------------------------

Government Exhibit No. 10, a telex from Mr. Budlong to the

defendant Snider is a response to Government Exhibit No. 10A

stated "Duke such news brings joy to my heart ARC Absolutely

fantastic ARC I can't wait to see the data." Mr. Meisner

recognizes the handwriting in the upper portion of Government.

Exhibit No. 30, with the exception of "DW6/12" as that

of the defendant Snider; and the handwriting "DW6/12" as that

of the defendant Richard "Dick" Weigand. The telex indicated

that it was received at "1400" (2:00 p.m.) hours on "5.12.74"

(December 5, 1974).

Government Exhibit No. 11 contains two letters. The

second and earlier letter in the exhibit, dated November 11,

1974 is from Joe Lisa, the then Deputy Deputy Guardian for

Information U.S. to the defendant Willardson, the Branch I

Director US. It directed the District of Columbia Guardian's

Office to immediately obtain documents from the IRS pursuant

to Target 10 of GO 1361. (The letter is identical to Govern-

ment Exhibit. No. 8.) The first page of Governmant Exhibit

No. 11, dated "9 December 74," is the defendant Willardson's

- ---------------------------------------------------------------

response io Lisa's November 11 letter. It informed Mr. Lisa

that Target 10 of GO 1361, which called for getting an "FSM"

into the IRS in the District of Columbia, had been achieved,

and that compliance had already been reported to the World-

Wide Guardian's Office.

During his initial employment at the IRS, the defendant

Wolfe was supervised by the defendant Hermann. As such the

defendant Hermann maintained all contacts with defendant

Wolfe. 20/ Defendant Hermann himself was a direct subordinite

of Mr. Meisner during this period and reported regularly to

Mr. Meisner, on defendant Wolfe's accomplishments. In mid-

December 1974, the defendant Mitchell Hermann went on vaca-

tion, and Meisner took over the supervision of the defendant

Gerald Bennett Wolfe. Before he left, however, the defendant

Hermann arranged for Mr. Meisner to meet the defendant Wolfe

- ---------------

20/ Government Exhibit No. 46A (page six of Exhibit 46)

is a handwritten note dated January 9, 1975, which states "I

attest that I have placed and am running an FSM at Silver

[code name for the IRS] and am attaching the accompanying

documents as evidence." Handwriting expert James Miller

positively identifies the note as having been written by the

defendant Hermann.

- ---------------------------------------------------------------

in an Arlington, Virginia, parking lot and bring him over to

the defendant Hermann's house located on Fessenden Street,

Northwest, Washington, D.C., to coordinate future plans. At

the parking lot, Mr. Meisncr introduced himself to the defend-

ant Wolfe using his real name; however because Wolfe felt

more comfortable being called by a name other than his own,

Mr. Meisner called the defendant Wolfe "Kelly". During the

subsequent one-half hour meeting in the defendant Hermann's

house, Meisner and the defendant Wolfe discussed Wolfe's

job and backgound. The defendant Wolfe had previously been

informed by the defendant Hermann that Mr. Meisner was the

Assistant Guardian for Information in the District or Columbia

The defendant Wolfe was also told by Mr. Meisner that he

could reach him at any time by calling him either at his

office at 2125 S Street, northwest, Washington, D.C. or at

his home in Arlington, Virginia. The defendant Hermann instruc-

ted the defendant Wolfe continue obtaining all documnets

related to Scientology from the IRS office of Barbara Bird,

an attorney in Refund Litigation Service. 21/

- ----------------

21/ Ms. Bird was also a participant in the November 1, 1974

conferance that was bugged by Scientology agents.

- ---------------------------------------------------------------

Thereafter, a few days prior to December 30, 1974, the

defendant Wolfe entered the office of Barbara Bird located

in the main building of the IRS at 1111 Constitution Avenue

northwest, Washington, D.C., without permission ,and took

from her files many documents related to Scientology. He

photocopied them on a photocopying machine in the IRS Building

using United States property and paper to accomplish the

task. Upon completion of the photocopying, the defendant

returned the documents to Ms. Bird's office. At a subsequant

meeting with Mr. Meisner at a Lums Restaurant in nearby

Virginia, he gave him the stolen documents. 22/ He explained

to Mr. Meisner, how he had obtained the documnets from a

file in Barbara Bird's office which contained documents related

to Scientology which Bird had acquired from former IRS official

Charlotte Murphy. Mr. Meisner, took the documents to his office

- --------------

22/ Mr. Wolfe told Mr. Meisner that Ms. Bird had two doors

leading to to her suite of offices, one of which was blocked by a

table. Mr. Wolfe went in during the day, unlocked the latter

door and proceeded to use the door whenever he entered her

office either at night or on weekends.

- ---------------------------------------------------------------

at 2125 S Street, Northwest, reviewed them, and summarized

them in a memorandum to his superiors in the U.S. Guardian's

Office.

Whenever he received stolen documents from the defendant

Wolfe, Mr. Meisner marked each one with an initial at the

lower, right-hand side, underlined those portions which he

believed to be particularly important to his superiors in

the Guardian's Office, and typed any one which was either

handwritten or illegible. He then prepared a memorandum

addressed to his immediate superiors in Los Angeles which

summarized each important point in the documents, and placed

at the end of each excerption the corresponding number of

the document which he had just summarized. He then routed

the finished memorandum through the Assistant Guardian for

the District of Columbia to his superiors in Los Angeles

who included the Deputy Guardian for the United States, the

Deputy Guardian for Information in the United States, the

Branch I Director of the Information Bereau, and the Collec-

tions Officer. He also sent a copy of the material to the

- ---------------------------------------------------------------

Commodore Staff Guardian (CSG) , the defendant Mary Sue Hubbard.

Until January 1976, all such memoranda and supporting documents

were sent to the defendant Cindy Raymond who as Collections

Officer within the Information Bureau, was in charge of the

gathering of covertly obtained documents. After the reorgan-

ization of the Information Bureau in January 1976, almost

all memoranda regarding stolen documents were sent to the

defendant Hermann under his alias "Mike Cooper". The defendant

Hermann was, subsequent to January 1976, the Southeast U.S.

Secretary of the Information Bureau, and as such had

immediate supervision over the Information Bereau in the

District of Columbia. The only exception to this January

1976 procedure occurred in regards to stolen Interpol documents,

which were still to the defendant Raymond who had become

the Information Bureau Director National U.S. All such

memoranda were typed by Mr. Meisner himself and were prepared

in accordance with established Guardian's Office procedures.

Government Exhibit No. 12 23/ is a 30 December 1974

- ------------------

23/ Government Exhibit No. 12 was seized by Special Agent

Roger L. Lehman from a file cabinet in Room 30 in the Informa-

tion Bureau at the Cedars Complex.

- ---------------------------------------------------------------

memorandum from Mr. Mesiner to the defendant, Cindy Rayrmond

entitled "Raw Data Report Re: IRS-Charlotte Murphy Scientology

File." It summarizes documents taken by the defendant Gerald

Bennett Wolfe from the offices of Barbara Bird at the IRS as

outlined supra. Mr. Meisner appended to that memorandum, and

sent it to Los Angeles, at least ninety eight pages of documents

taken from the IRS. (See Government Exhibit No. 12 at p. 7,

paragraph 3). The routing portion which appears in the

upper left-hand side of the memorandum reflects that the "AG

Info DC", Michael Meisner, sent the memorandum to the Collec-

tion Officer US, the defendant Raymond, via the Assistant

Guardian for the District of Columbia, Lynn McNeil, who

initialed it on "30/12" (30 December 1974). McNeil's notation

shows that she reviewed it on that day and transmitted it

to the Deputy Guardian Commuinicator (Secretary) for the United

States and the Deputy Guardian for the United Statesm the

defendant Heldt. "DG Info US", the defendant Weigand, placed

his initials next to his title on January 6, 1975 ("6/1/75"),

as did the "Info Br I Dir US", the defendant Willardson,

- ---------------------------------------------------------------

who initialed it on 10 January 1975 ("10 Jan") The defendant

Willardson then wrote a note to the defendant Raymond indi-

cating he had reshuffled the order, of the documents. 24/

During the early part of January 1975, the defendant

Hermann returned to the District of Coltumbia from his vacation

and resumed his duties as supervisor of all Scientology co-

vert operatives, who included the defendants Wolfe and Sharon

Thomas and Ms. Nancy Douglass. The defendant Thomas was at

the time a Scientology covert agent at the Coast Guard

Intelligence. Ms. Douglass was a Scientology covert operative

at the Drug Enforcement Administration (DEA) from where she

stole documents and photocopies thereof and transmitted them

over to the defendant Hermann. The defendant Hermann contin-

ued his duties in the District of Columbia until early March

- -----------------

24/ Handwriting analysis shows that it is "highly

probable" that the defendant Willardson wrote the handwritten

note. Mr. Meisner recognizes the initials of Ms. McNeil and

the defendants Weigand and Willardson next to their respective

titles in the routing portion of the document, as well as

the handwriting of the defendant Willardson in the note to

"Cindy". The routing also indicates that a copy of the memo-

randum and attached documents were sent to the "CSG" (Commodore Staff Guardian) the defendant Hubbard.

- ---------------------------------------------------------------

1975 when he was transferred to Chicago, Illinios, to continue

to work for the Guardian's Office.

Government Exhibit No. 13 25/ is a memorandum from the

defendant "Mitch" Hermann to defendant Raymond regarding

documents stolen from the Chief Counsel's file room at the

IRS pursuant to "GO 1361 TGT #10." The March 1, 1975 memo-

randum, which summarized the stolen documents, was routed

through the Acting Assistant Guardian for the District of

Columbia who, at the time, was Mr. Meisner. The defendant

Hermann was then Acting Assistant Guardian for Information in

the District of Columbia. 26/ The defendant Cindy Raymond

received the memorandum and placed on the upper right-hand side

- --------------------

25/ Government Exhibit No. 13 was seized by Peter J.

Flanagan from a file cabinet located in the Information

Bureau at the Cedars Complex. It was inventoried by Special

Agent Richard W. Noyes.

26/ Next to the title for the "INFO BR I DIR US" in the

routing portion of the meorandum is the signature of the

defendant Gregory Willardson, indicating that he received

the documents on March 7, 1975. Handwriting expert Miller

concluded that it is "probable" that the defendant Willardson

wrote the four-line notation beginning with his initials and

date.

- ---------------------------------------------------------------

of page one above the date "CC: DG Legal US, DG PR US". 27/

In late May 1975, the defendant Gregory Willardson directed

Mr. Meisner to implement "Project Horn" which Willardson, him

self, authored. "Project Horn" appended to Government Exhibit

No. 14 28/ was issued in order to "provide a cover for PR

[Public Relations] and legal for the way they obtained IRS

docs." The project further implemented Guardian Order 1361,

Target 6, which had already provided for the creation or a

"suitable cover" to disguise the true manner in which stolen

documents had been obtained from tho IRS so that the Public

Relations Bureau could use them without fear of being connected

to the thefts.Towards this end, defendant Gregory Willardson

- ---------------

27/ Mr. Miller positively identifies the defendant

Raymond as the writer of that notation. He also concludes

as "probable" that the defendant Hermann signed "Mitch" at

page two or the memorandum. Mr. Meisner specifically recog-

nizes that signature as that of the defendant Hermann and

moreover, recognizes the entire document based upon his

recollection of having received it from Hermann and having

sent it with the appended documents to his superiors in

Los Angeles, with i copy to "CSG", the defendant Mary Sue

Hubbard.

28/ Exhibit No. 14 was seized from Room 4, of the

Information Bureau at the Cedars Coinplex by Special

Agent James J. Smith and inventoridd by Special Agent Gilberto

Valencia.

- ---------------------------------------------------------------

assigned to Mr. Meisner, as the Assistant Guardian for Informa-

tion in the District of Collumbia, the task of stealing IRS

documents concerning organizations other than Scientology.

Thus, whenever any stolen IRS documens were later released,

those other organizations would also be perceived as having

received them and their publications would, thereby, not point

to the Church of Scientology alone. Additionally, the project

ordered the thcft of IRS stationery so it might be used by

members of the Guardian's Office to draft false letters from

a fictitious IRS employee disgruntled with the organization.

The stolen documents would then be attached to the letters which

would be sent to private orgzanizations such as Scientology.

Government Exhibit No. 14 (at page 1) is a 9 April, 1975

letter from the defendant Willardson to Jane Kember and Mo

Budlong stating that he had complied with GO 1361 target 6

by devising the "Project Horn" which he appended to that

letter. 29/ In a letter dated 9 April 75 found at page six of

- ---------------

29/ The signature "Greg" on page one has been positively

identified by handwriting analysis as that of the defendant

Willardson. Similarly, the handwritten notation "sent to DC,

(footnote continued on next page.)

- ---------------------------------------------------------------

- ---------------

(footnote continued from proceeding page.)

late May. GW" at the lower right-hand corner od that page has

also been positively identified as having been written by the

defendant Willardson. Handwriting expert James Miller has

concluded that it is "highly probable" that the defendtant

Richard Weigand wrote the handwritten notation "Greg - What

was this? L. Dick" located at the top of the page. Mr.

Meisner identifies the handwritten notation "A very good

method!" located above the title of the letter, as in the hand-

Writing of Mo Budlong, and the handwritten notation "Dear

Greg, This is a really bright idea. Very well done. love

Jane" located at the lower portion of the letter, as in the

handwriting of Jane Kember. The routine appearing in the

upper left-hand side of Government Exhibit No. 14 also

shows that the letter was written by the "Br I Dir US Info",

the defendant Gregory Willardson, and sent to the "Guardian

WW," Jane Kember via, among others, the"DG I WW", Mo

Budlong, who initials it on "22/4" (April 22), the "DG US",

the defendant Henning Heldt, who initials it as well, "DDG

US" the defendant Duke Snider, who initials it and dates it

"9.4" (April) and the "DG I US", the defendant Richard Weigand

immediately below the title "Br I Dir US info" at the bottom

of the routing is an arrow with the initials "GW" which have

been identified by the handwriting expert as probably made

by the handwriting of the defendant Willardson.

Page two of Government Exhibit No. 14 outlines the

general plan of "Project Horn" as creating a situation

where a "staff member in the IRS. . . mails out IRS files to

the persons/groups mentionted in their files." It then explains

that such a pictil "will provide a cover for PR and legal to

expose the documents." The document is issued by "Br 1 Dir"

who was identified by his own handwriting on page one as the

defendant Grogory Willardson. The signature "Greg" located at

the end of the two letters dated 9 April 1975 located at pages

five and six, respectively, of Government Exhibit No. 14

have been positively identified by both Mr. James Miller and

Mr. Meisner as having been written by the defendant Willardson.

- ---------------------------------------------------------------

Government Exhibit, No. 14 the defendant Willardson writes to

the Deputy Guardian of Public Relations for the United States,

Arthur "Artie" Maren, informing him that "the majority of

documents called for in this eval [GO 1361] have been obtain-

ed." He then invited Mr. Maren to come to the Information

Bureau offices to view the documents "since the quantity of

data is so extensive." 30/ In accord with "Project Horn"

- ---------------------

30/ On October 13, 1975, the defendant Heldt sent a

"CSW" (completed staff work) to Jane Kember, the Guardian

World-Wide, dealing with "the turnover of B-1 data from IRS

LA, IRS DC, and Justice Dept. Tax Division to PR and legal to

get the reports D/A'd (dead agented), and for attacking along

PR and legal lines." (Government Exhibit No. 51.) The "CSW" is

requested for proposed Guardian Order 1361-1 to complete

targets 6-8, 14-15, and 19 of GO 1361 (Government Exhibits

Nos. 3 and 4). The appended proposed Guardian Order 1361-1

calls for placing additional "FSMs" into the Los Angeles and

District of Columbia "target areas'', and preparing the

stolen government documents for release to the press and for

use in possible Scientology legal cases. Government Exhibit

No. 51 was routed through the Deputy Guardians for the Infor-

mation, Legal, and Public Relations Bureaus World-Wide.

GO 1361-1 was approved by Jane Kember and issued on 7 November

1975. (Government Exhibit No. 52.) Mr. Meisner and Ms. Hirsch

state that it was issued according to established Guardian's

Orfige procedures. Ms. Hirsch also testifies that the initials

"LR" at the lower, left-hand corner next to the name Jane

Kember is that of Lexie Ramirez, Ms. Kember's communicator

(secretary).

(footnote continued on next page.)

- ---------------------------------------------------------------

the defendant Wolfe took from the IRS, stationary of that

agency and turned it over to Mr. Meisner. Wolfe also took

from the IRS, without permission, documents related to Bob

Jones University in South Carolina and the Unification Church.

After receiving those documents from the defendant Wolfe, Mr.

Meisner notified the defendant Willardson that he had complied

with the preliminary steps of his "Project Horn."

- ---------------------

(footnote continued from proceeding page.)

In a "CSW" dated 27 May 1976 to the defendant Heldt, the

defendant Weigand informed him that GO 1361-1 target 2 called

for the "replacement" of "FSMs" at the IRS in the District

of Columbia and Los Angeles, California. However, the

defendant Weigand pointed out that since they had no plans to

have the "existing "FSM in DC [Wolfe] replaced" and since they

had been successful in getting the documents from Los Angles

IRS through other covert means, there was no longer a need

for target 2 of GO 1361-1. Thus he requested approval for

the cancellation of that target. (Government Exhibit No. 107.)

The defendant Heldt, in handwritten notes positively identified

as his by handwriting expert James Miller, informed the defen-

dant Weigand that since the Guardian World-Wide had approved

GO 1361-1 only she could approve cancellation. The defendant

Heldt also enquired whether it would no be prudent to have

"back-up FSMs" in case the present ones were blown. Mr.

Miller concludes that the signature "Disk" was probably made

by the defendant Weigand. Mr. Meisner recognizes the signa-

ture as having been made by the defendant Weigand and the

handwriting in the margin as that of the defendant Heldt.

Government Exhibit Bo. 107 was seized by Special Agent Gilberto

Valencia from Romm 4 in the Information Bureau at the Cedars

Complex.

- ---------------------------------------------------------------

During the first five months of 1975, the defendant

Wolfe stole documnets and photocopies thereof belonging to

the IRS from the offices of Barbara Bird and Lewis Hubbard of

the Chief Counsel's Office and from the Chief Counsel's file

room, tis well as from other offices within the suite of

offices comprising the Office of the Chief Counsel. These

documents totalled some ten feet in height. The defendant

Wolfe at that time was employed in the Income Tax Division of

the IRS and had no authority to enter any of the offices in

the Chief Counsel's area. Upon receiving these documents,

the defendant Hermann and Mr. Meisner forwarded them to their

superiors in the Informations Bureau in Los Angeles, California,

without excerpting them as had previously been done

because of the enormous backlog of stolen documents not sent

to Los Angeles. (See Government Exhibits Nos. 12 and 13)

This circumstance is detailed in Government Exhibit No. 15, 31/

- -----------------

31/ Government Exhibit No. 15 was seized by Special

Agent Smith from Room 4 of the Information bureau at the

Cedars Complex. It was inventoried by Special Agent Valencia

- ---------------------------------------------------------------

"CSW" (completed staff work) 32/ dated 7 May 1975 sent by

the defendant Willardson to Deputy Guardian for information

World-Wide, Mo Budlong, and Deputy Guairdian for Finance World-

Wide, Herbie Parkhouse. It explained that the collection of

U.S. Government documents pursuant to GO 1361 had created a

crisis in the Information Bureau by causing a slowdown in the

collection progress required by GO 1361 which "urgently

need[ed] to be eliminated." In it, Mr. Willardson states

that some "15,000" documents had been sent by the District

of Columbia Information Bureau without excerption in order

to speed up the process of advising the Deputy Guardian for

the United States, the defendant Heldt and Commodore Staff

Guardian, the defendant Hubbard, "as fast as possible as to

the IRS's intentions in regards to the Church during the ongoing

- -----------------------

32/ A "CSW" or "completed staff work" is a request for

approval or disapproval of a proposed course of action. It

outlines the problem which it attemps to solve with supporting

data, and concludes with the proposal for which approval is

sought. It ends with two lines marked "approved" and "dis-

approved" with space for signature. The routing carries

greater significance in a "CSW." When initialed next to a

title in the routing it indicates that it has both been

reviewed and approved by that person.

- ---------------------------------------------------------------

IRS tax exemtion negotations." The letter added that "[t]his

was a valuable action in that it resulted in a more real

estimate as to the IRS scene than was visable [sic] from the

_Legal_viewpoint_." (emphasis added) 33/ The "CSW" requests the

Guardian's Office World-Wide to approve an additional expendi-

ture of funds for the excerption, xeroxing and cross-filing

of these "15,000" documents. 34/

During the pcriod prior to the theft of the documents

referred to in Government Exhibit No. 15 the Church of

Scientology through its subsidiary Church in Hawaii, was

engaged in extensive litigation with the IRS regarding its

entitlement to exemption from taxation. The IRS was also

conducting an audit of the Church of Scientology of Hawaii.

The defendants Richard Weigand, Gregory Willardson and Cindy

- ----------------

33/ Handwriting expert James Miller concludes that

the signature "Greg" at page three is positively in the hand-

writing of the defendant Willardson. He also concludes that

it is "probable" that the entry "DW 8/5" next to the title

"DG I US," in the routing portion of the upper left-hand of

the front page, is in the handwriting of the defendant Weigand;

and that the initial next to the title "DG US" is in the

handwriting of the defendant Heldt. Moreover, Mr. Meisner

recognizes the handwrititig of both the defendants Willardson

and Heldt in the document.

311/ (Footnote on next page.)

- ---------------------------------------------------------------

Raymond, personally and in writing, instructcd Mr. Meisner to

direct his attention and that or his covert operative the

defendant Wolfe, to the theft of all documents relating to

that tax excemtion battle from the office of IRS attorney

Lewis Hubbard, located in the main IRS building at 1111

Constitution Avenue, N.W.in Washington, D.C. (see pgs.

71-74, infra). Mr. Hubbard at that time was overseeing the

audit for the IRS Chief Counsel's Office and had in his

care, custody and control within his office documentation,

daily notes and memoranda relating to the tax excemption case

involving the Hawaii Church.

- --------------

34/ (Footnote from previous page.)

Government Exhibit No. 16 is a "purchase order" dated

"14 May 1975," signed by the defendant Gregory Willardson

whose signature "Greg W," along with all other handwriting

on the first page of that exhibit, is positively identified

by the expert handwriting analyst James Miller as being that

of the defendant Willardson. In his "purchase order", the

defendant Willardson requests $3,141.20 for one week of

supplies for GO 1361 documents. He states that his purpose

in purchasing the photocopying equipment listed in the attach-

ments to Government Exhibit No. 16 is "to get vital data

uplines to WW (World Wide) & CS-G [the defendant Mary Sue

Hubbard]; and to get it properly x-filed for use by USGO,

WW, CS-G." The page identified by the seizing agent as "3

of 8" , at its bottom right-hand corner is a form entitled

"EPO" (Estimated Purchase Order) dated "12 May 1975" covering

the months of May to June of 1975, requesting that "$6,648.10"

(footnote continued on next page.)

- ---------------------------------------------------------------

D. Infiltration of the Tax Division of the

United States Department of Justice.

Guardian Order 1361, target 17, directed the infiltration

and theft of files relating to Scientology from the Tax Division

or the United States Department of Justice in Wasliitigton, D.C.

In order to carry out the directive of target 17 of GO 1361,

Mr. Meisner obtained a directory of the United States Depart-

ment of Justice in April 1975 and isolated those offices

within the Tax Division which had previously been identified

to hin as offices which would have files related to pending

- -----------------

(footnote continued from preceding page.)

be set aside by the Financial Planning Committee of the United

States Guardian's Office for the purchase of "materials necded"

"to eliminate vital info backlogs on GO 1361." This form

is signed "GW" next to the printed entry "originator".

Handwriting analysis has positively identified the defendant

Willardson as the writer or the "bulk of the writings" on

that page. Mr. Meisner has often used, such Purchase orders

as well as Estimated Purchase Order forms during his tenure

as an official of the Information Bureau of the Guardian's

Office, and is therefore familiar with the proper format and

manner in which such forms are to be completed according to

Guardian's Office procedures. He states that Government Exhi-

bit No. 16 was prepared in accordance with these policies.

Government Exhibit No. 16 was seized by Special Agent Smith,

from Room 4 of the Information Bureau at the Cedars Complex.

It was inventoried by Special Agent Valencia.

- ---------------------------------------------------------------

Scientology litigation. Mr. Meisner had been informed by

the Guardians office Legal Bureau that trial attorney Harold

Larsen and Chief of Refund Litigation Section 3, Stanley

Krysa, had represented the United States in the cases involv-

ing the Church of Scientology of Hawaii and the Church of

Scientology of Florida. Mr. Larsen was the trial attorney

assigned to these cases, while Mr. Krysa, as his immediate

supervisor, had participated in the litigation. Mr. Meisner

discovered that the Tax Division offices of the Department

of Justice were located in the Star Building at 1101 11^th

Street, Northwest, in Washington, D.C. Accordingly, Mr.

Meisner directed the defendant Gerald Bennett Wolfe to enter

the offices of Messrs. Krysa and Larsen to obtain all their

files which were in any way related to Scientology. Conse-

quently, on three succcssive Saturdays, May 3, 10, and 17,

1975, the defendant Wolfe entered the Star Building using

his identification card and proceeded to the fourth floor

offices of the Tax Division. The defendant Wolfe then entered

the offices of Messrs. Krysa and Larsen and stole twelve

separate files related to Scientology cases and photocopied

- ---------------------------------------------------------------

them on a photocopying machine within the Tax Division offices,

using paper and equipment belonging to the United States of

America. The defendant Wolfe then returned the documents to

their original location and stole copies of them. The defendant

Wolfe then gave to Mr. Maisner all the copies of documents

which he had taken from the Tax Division on the day following

each entry at meetings which he and Mr. Meisner had at the

Lums Restaurant in nearby Arlington, Virginia. Meisner, then

reviewed the documents and summarized them in twelve separate

memoranda prepared in the nanner described at page 43, supra

These twelve files contained notes and other memorandum of

the United States Department of Justice, Tax Division attorneys

dealing with their trial and pretrial strategy in Scientology

court cases. Government Exhibit Nos. 17, 19 - 25, and 27 -

30, are the twelve memoranda prepared by Mr. Meisner. Each

memorandum is addressed to the defendant Cindy Raymond and

is entitled "Raw Data Report Re: Department of Justice - Tax

Division - Refund Trial Section No. 3," parts 1 to 12. 35/

- ---------------

35/ Government Exhibit No. 17 was seized by Special

Agent Peter J. Flannigan from a file cabinet in room 23 of

the Cedars Complex. Government Exhibits 19, 21, 24 and 28

(footnote continued on next page.)

- ---------------------------------------------------------------

each of the Meisner memoranda follows the standard routing

required by Guardian Office procedure. 26/ Government

- --------------

(footnote continuc@d from preceding page.)

30 were seized by Special Agent Bradley N. Maryman from the

file cabinet in one of the hallways of the Information Bureau

at the Cedars Complex. Government Exhibit No. 20 was seized

by Special Agent Stanley R. Currey from a file cabinet located

in room 30 (the Archives room) at the Cedars Complex. Govern-

ment Exhibits 22, 23 and 27 were seized by Special Agent

Edward J. Miller from a file cabinet. located in room 30 at

the Cedars Complex. Government exhibit No. 25 was seized by

Special Agent Henry Willians from a shelf adjacent to the

desk of the defendant Cindy Raymond in room 15 at the Cedars

Complex. It was inventoried and initialed by Special Agent

Raymond Mislock. Government Exhibit No. 18, which was

seized by Special Agent Maryman from a file cabinet in one

of the hallways in the Information Bureau at the Cedars

Complex, is the folder which contained Government Exhibits

Nos. 18, 19, 21, 24 and 28 to 30.

36/ Government Exhibits Nos. 17, 19, 25, 27, and 29, 30

all have identical routing. They were sent by Mr. Meisner to

the Collection Officer U.S., the deferdant Cindy Raymond, via

the Assistant Guardian for the District of Colmubia Lynn

McNeil, and, among others, the Deputy Guardian of the United

States, the defendant Heldt, the Deputy Guardian for Informa-

tion U.S., the defendant Weigand, and the Information Branch

I Director U.S., the defendant Willardson, with a copy to

the Commodore Staff Guardian, the defendant Mary Sue Hubbard.

Government Exhibit No. 28 added to the routing the Information

Branch II Director, U.S. Mr. Meisner identifies the initials

in the handwriting of the defendant Heldt as appearing next

to his title "DG US" in the routing portion of Government

Exhibit Nos. 17, 21, 23, 25, 27 and 29. He also identifies

(footnote continued on next page.)

- ---------------------------------------------------------------

Exhibit No. 26 is a copy of a document entitled "Memorandum

for the File" signed by Mr. Stanley F. Krysa and taken from

the Tax Division files which were then in the care, custody

and control of Justice Department attorney Harold Larsen.

Mr. Meisner identifies the number "37" appearing at the

lower right-hand corner of that document as a numeral which

he placed upon receiving the document from the defendant Wolfe.

That numeral indicates the page on which it appears was the

thirty seventh in a series of documents appended to his

memorandum of 14 May 1975 (Government Exhibit No. 25). The

underlining on the Government Exhibit No. 26 was made by Mr.

- -------------

(footnote continued from preceding page.)

the initials and date appearing on Government Exhibits Nos. 17,

19, 25 and 27, 30 as in the handwriting of the defendant

Willardson. Additionally, he identifies the note on Government

Exhibits Nos. 28, 30 appearing next to the initials "GW"

as in the handwriting of the defendant Willardson. Hand-

writing expert James Miller positively identified the initials,

date and handwritten notes appearing on Government Exhibits

Nos. 28, 30 as being in the hanwriting of the defendant

Willardson. Mr. Meisner further identifies the initials and

date appearing next to " Coll Off US" on Government Exhibit

No. 17 as having been written by the defendant Cindy Raymond

and the printing at the bottom of page one of Government

Exhibit No. 27 as the handwriting of the defendant Raymond.

- ---------------------------------------------------------------

Meisner and that exhibit is referred to in Mr. Meisner's

memorandum of 14 May 1975 at page two, paragraph two.

(Government Exhibit No. 25.) Neither Messrs. Krysa nor

Larsen had given permission to the defendant Wolfe or anyone

associated with the Guardian's Office of the Church of Scien-

tology to enter their offices, remove from their files

documents within their care, custody and control, and make

photocopies of their documents. Mr. Larsen states that most

of the documents covered in the Meisner memoranda would never

have been turned over to any Scientology attorneys, inasmuch

as they represent attorney "work project" material and were

therefore not discoverable under the Federal Rules of Civil

Procedure.

Government Exhibit No. 32 37/ is a letter dated 20 May

1975, from the defendant Willardson, identified in the routing

portion of the document as "Br I Dir US I", addressed to

Michael Taylor, the "US Dir Sec WW" (U.S. Directorate Secretary

World-Wide), routed via the Deputy Guardian for Information

- ----------------

37/ Government Exhibit No. 32 was seized by Special Agent Gary Aldrich from a file cabinet in the office of the defendant Willardson at the Cedars Complex.

- ---------------------------------------------------------------

World-Wide, the Guardian World-Wide, the Deputy Guardian

United States, and the Deputy Guardian for Information in the

United States. The letter entitled " Re: B & E's Yours to

DG I, 5 May 75, DG I's to you 14 May 75" states:

When Dick [Weigand] first wrote you

on this subject a few of us in the office

had been comparing notes and smatterings

of legal knowledge on this subjects with the

end result of deciding we needed to research

the differences between "breaking & entering"

and "unlawful entry".

Upon searching through legal dictionaries and various legal sources I discovered . . .

the technical difference between "b & e" and

"unlawful entry" become relatively meaningless

when it can be seen that a large portion, if

not the majority, of our high priority successful

Collections actions fall into the category of

second degree burglary, which is a felony.

- ---------------------------------------------------------------

Some of our successful collections actions

in the recent past and present which fall into

this category are: (past). . . GO 1361, GO

1344, . . . DEA; (present) GO 1361, Go 1344, DEA.

(this is not an exhaustive rundown, just enough

to demonstrate the importance)

From my study of the codes and from my know-

ledge of how the collections actions are done,

one of the key points in solidifying the burglary

commission is basically the theft of xerox paper

and xerox machine use of whatever group is approach-

ed. Without this theft, then the distinction

between "b & e" and "unlawful entry" would become

important and could mean the difference between

a felony and a misdemeanor.

* * *

Because the legal definition of burglary in

the US to fit more spot on as to our actions

- ---------------------------------------------------------------

than B&E and because it is a felony, as is a

"B & E" I thought you should be appraised [_sic_]

or this. (Emphasis added.)

Appended to the letter is a summary of the law on burglary.

Handwriting expert James Miller positively identifies the

handwritten signature "Greg" as having been written by the

defendant Gregory Willardson. 38/ Government Exhibit No. 33,

contains a series of letters and "compliance reports" setting

forth the Church of Scientology's "IRS Strategy". Page five of

that exhibit is a letter dated May 27, 1975, signed "Much Love,

Mary Sue" (Hubbard), the Commodore Staff Guardian. The letter

is addressed to Jane Kember and the defendant Henning Heldt.

The routing in the upper left-hand portion of the Document

- --------------

38/ Mr. Meisner states that GO 1344 is a Guardian Order

which was issued in approximately September 1974 by Jane

Kember and which directed the infiltration and theft of

documents from the United States Coast Guard. Pursuant to

that Guardian Order the defendant Sharon Thomas was placed as

a Scientology covert operative within the Coast Guard's

Intelligence Division in Washington, D.C. Similarly, Mr.

Meisner and Ms. Nancy Douglas, a former Scientology covert

operative at DEA, state that "DEA", in Government Exhibit No.

32, refers to the theft of government documents from the Drug

Enforcement Adininistration by Ms. Douglas.

- ---------------------------------------------------------------

indicates that. it was sent by "CS-G", the defendant, Mary

Sue Hubbard to the "Guardian WW" Jane Kember, with a copy to

"DG US", the defendant Heldt. It states "[o]ur overall

strategy with the IRS shall be as follows: 1. [t]o use any

method at our disposal to win the battle and gain our non-profit

status. 2. [t]o buy all the time we can in terms of years

. . . [s]o we work to win, but _also_ to delay as time works

on our side, not theirs." (Emphasis in original.) Page six

of Government Exhibit No. 33 is a letter from Deputy Guardian

U.S. Henning Heldt to the chief officers of the Legal, Finance,

Public Relations and Information Bureaus of the Guardian's

Office informing them of the "IRS strategy, as established

by CS-G." The defendant Heldt's letter directed these officials

to inform their respective staffs of the defendant Hubbard's

directive, and ordered them to conform "upcoming actions with

the above strategy." Page two of Government exhibit No. 33 is

a letter dated 9 June 1975 from the defendant Mary Sue Hubbard

signed in handwriting which is positively identified as hers

by handwriting expert James Miller. The letter, entitled

"IRS Strategy," was addressed to the defendant Henning Heldt

- ---------------------------------------------------------------

and stated: "I agree with the strategy completely as laid

down." Pages three and four of that same exhibit constitute

a compliance report dated 18 June 1975 prepared by the defend-

ant Heldt and addressed to Jane Kember and the defendant

Mary Sue Hubbard. It is entitled "Re: IRS: CS-G Order 27

May 75". It stated that the overall strategy was laid out in

the "CSG" order of 27 May 75 was as follows: "To use any

method at our disposal to win the battle and gain our non-

profit status." It further outlined that "B-I's [Bureau 1]

major action is the completion of its GO 1361 collection

targets, and working out the means to turn those over to

legal and PR for use. Bureau I's actions are moving along

steadily and full completion is expected in two to three

months." 39/

On June 4, 1975, the defendant Gregory Willardson, in a

handwritten letter addressed to Mr. Meisner, the Assistant

Guardian for Information in the District of Columbia. (Govern-

- --------------

39/ Government Exhibit No. 33 was seized by Special Agent William B. Stovall from a file cabinet in the defendant Henning Heldt's office in Fifield Manor.

- ---------------------------------------------------------------

ment Exhibit No. 34), 40/ directed Mr. Meisner to complete

target 10 of GO 1361 which called for the placing of "an

agent in DC IRS to obtain files on LRH, Scientology, etc."

by "no later that, 30 August." The defendant Willardson stated

that based on a conversation which he had with the defendant

"Mitch" Hermann, it appeared to him that the only documents

still to be obtained were from "(1) OIO [Office of International

Operations], (2) Intell [Intelligence], (3) SSS [Special

Services Staff]" of the Internal Revenue Service. The

defendant Willardson added:

Mitch explained to me that he had

planned to get Silver in OIO, and hope-

fully gain access to Intell via OIO.

Further, that all SSS does no longer

exist in IRS but some were given over to

Intell-thus Mitch expected to get SSS via

Intell.

- -----------------

110/ Government Exhibit No. 34 was seized by Special Aecnt James J. Smith from Room 4 of the Information Bureau at the Cedars Complex.

- ---------------------------------------------------------------

What I need from you is your plan of

action here on how to complete target 10

no later than 30 Aug . . . .

The letter concluded that "[i]f you are going to need to get

another FSM [covert operative] in you'd have to start soon

as it takes some time, etc." The defendant Willardson demanded

a response "in project form within 24 hrs." In a postscript,

the defendant Willardson inquired "[w]hen will Silver be in

OIO?" 41/ Mr. Meisner states that he received this letter

in early June 1975. Prior to this, the defendant,

Hermann had suggested to Mr. Meisner that "Silver" [the code

name for Gerald Wolfe] be moved from IRS to OIO. Mr. Meisner,

however, had considered shifting Ms. Douglas from the covert

operation at the Drug Enforcement Administration to the

Office or International Operations, (OIO) of IRS. The defend-

ant Wolfe also inquired about possible openings at OIO, but

found none available.

- -------------

41/ Handwriting expert Miller positively concluded that

the defendant Gregory Willardson is the writer of the entire

letter.

- ---------------------------------------------------------------

Pursuant to the directive of the defendant Willardson,

(Government Exhibit No. 34) Mr. Meisner prepared a project

entitled "Beetle Cleanup" dated 11 June 1975 (Government

Exhibit No. 35). 42/ The project called for obtaining

"all DC IRS files on LRH, Scientology, etc., in the Intelli-

gence section, OIO, and SSS". It proposed the placement of

"FSMs" in the "required areas or good access developed", and

further that "Pitts" (the code name for Nancy Douglass) and

"Silver" attempt to obtain employment at the Internal

Revenue Service Intelligence Division and Office of Inter-

national Operations respectively. Appended to that project

is a letter signed by Mr. Meisner dated 11 June 1975, addressed

to the defendant Willardson, stating that Mr. Meisner was

attaching a project in "compliance to your attached order".

It indicated that the only road block to achieving the goal

prescribed by the defendant Willardson Was the fact that

Nancy Douglass a/k/a "Pitts" still had three files to

obtain from the Drug Enforcement Administration and that no

positions might be available in the two IRS areas contemplated

- --------------

42/ Governtncnt Exhibit No. 35 was seized by Special

Agent Donald P. Kinder from Room 4 at the Cedars Complex.

- ---------------------------------------------------------------

by the project. In a handwritten 43/ notation signed "Cindy"

and addressed to Peggy Tyson, the Information Programs Officer,

the defendant Raymond stated In regard to "Beetle Cleanup":

"As this is pjct [project) off a major pgm [program] we can

_PUSH_ it together." (Emphasis in original.) In a handwritten

letter dated 30 July 1975, (page three of Government Exhibit

No. 35) the defendant Gregory Willardson responded to Mr.

Meisner thanking him for his project and stating that he

was turning it over to the Collections Officer, the defendant

Cindy Raymond, to carry out. 43/

In June 1975, the defendant Gerald Bennet Wolfe made

two entries into the office of Lewis Hubbard of the

IRS Chief Counsel's Office to obtain documents related

to the Church of Scientology of California's pending audit.

- ------------

/43 Handwriting expert James Miller positively concludes

that that notation is in the handwriting of the defendant

Raymond. Similarly, Miller concludes that it is

"probable" that the initials next to the entry "DG US" in

the routing were written by the defendant Heldt.

/44 Handwriting expert James Miller positively concludes

that the bulk of the Ietter is in the handwriting of the

defendant Willardson.

- ---------------------------------------------------------------

These entries occurred on or about June 21 and June 30,

1975. On each occasion following the entry by the defendant

Wolfe, Mr. Meisner met Wolfe and received from him copies of

documents which Wolfe had taken from Lewis Hubbard's office.

Upon receipt of the documents, Mr. Meisner returned to his

office at 2125 S Street, N.W. in Washington, D.C. and produced

memoranda summarizing the documents employing the procedure

previously described. He appended to each memorandum the stolen

documents, numbering each document in his own handwriting in

the lower right-hand corner of the document. Government Exhi-

bits Nos. 36 and 38A 45/ are the Meisner memoranda summarizing

the documents taken on those two occasions by the defendant

Wolfe from Mr. Hubbard's office. Government Exhibit No. 36

entitled, "Present IRS Situation" stated that the fifty-seven

pages of appended documents "are the daily notes of Lew

Hubbard." This memorandum, was addressed to the defendant

- --------------------

45/ Government Exhibits Nos. 36 and 38 were seized by Special Agent William A. Cohendet from Room 14 of the Informa-tion Bureau at the Cedars Complex.

- ---------------------------------------------------------------

Cindy Raymond, with copies to the Commodore Staff Guardian,

the defendant Mary Sue Hubbard. This memorandurm was routed

throught the Deputy Guardian U.S., the defendant Heldt, the

Deputy Guardian for Information U.S., the defendant Weigand,

and the Information Branch I Director U.S., the defendant

Willardson. Government Exhibit No. 38A was also addressed to

the defendant Raymond. It contains at least twenty-six

pages of documents taken from Mr. Hubbard's office. The

defendant Wolfe explained to Mr. Meisner that, in each in-

stance, he took the documents from the office of Mr. Hubbard

to a photocopying machine located in the IRS, and, using

Government resources and paper, he proceded to make copies

of those documents and then return them to their original

location. He then took the copies of the documents from

the IRS building and turned them over to Mr. Meisner. Mr.

Hubbard had never given permission to the defendant Wolfe

either to enter his office, to take any documnets for the

purpose of photocopying them, or to obtain copies of the

documents for the Guardian's Office of the Church of Scien-

- ---------------------------------------------------------------

tology. Indeed, Mr. Hubbard states that the copies of the

documents appended to Government Exhibits Nos. 36 and 38A

originated from his office and are his own daily memoranda to

himself which, coincidentally, contain many personal notes as

well as notes regarding cases unrelated to the Church of

Scientology. 46/ Mr. Hubbard's files were kept either in

one of the two credenzas in his office or on a window sill

behind his desk in Room 3549 at the main IRS building in Wash-

ington, D.C. All the documents appended to Government Exhibits

Nos. 36 and 38A were in Mr. Hubbard's care, custody and

control in June 1975. 47/

- ------------------

46/ The left-hand portion of Government Exhibit No. 37

is a document in the handwriting of Lewis Hubbard, on

the right-hand portion of the page is a typewritten copy of

that handwritten document which was prepared by Mr. Meisner

after the defendant Wolfe had given the handwritten document

to him. The document was typed in order to make it more legible

to his superiors in Los Angeles, California.

47/ The routing in the upper left-hand side of both

Government Exhibits Nos. 36 and 38A conforms to the required

routing procedure of the Guardian's Office and are identical

in form. In Government Exhibit No. 38A, Mr. Meisner identifies

the initials next to his title "DG US" as the handwriting of

the defendant Heldt; both the initials next to the title "Info

Br I Dir US" and the handwritten notation immediately beneath

(Footnote continued on next page.)

- ---------------------------------------------------------------

In a letter dated July 2, 1975, addressed to the Deputy

Guardian for Information U.S., the defendant Richard "Dick"

Weigand, entitled "Re: GO 1361", the defendant Duke Snider

reviewed the accomplishments of the Information Bureau pursuant

to GO 1361. (Government Exhibit No. 39). 48/ Referring to

target 10, he indicated that "IRS DC is progressing", and

pointed out that the defendant Gregory Willardson had ordered

the District of Columbia Guardian's Office to complete by 30

August 1975 the collection of all documents called for by

target 10. The defendant Snider concluded that target 10 was

proceeding on schedule. Referring to target 17, which he

described as a directive "to infiltrate selected areas of

the Justice Dept Tax Div for all files on _US_", he complained

that no data had been received on "the status of Tax Div DC

action." While the defendant Snider recalled that some

had been "acquired from that area" he noted the he could not

- ------------

(footnote continued from proceeding page.)

it as the handwriting of the defendant Willardson. Mr.

Meisner also identifies as the defendant Willardson's handwrit-

ing the notation that "sent to WW [World Wide]", which indicates

that it was forwarded to the Guardian's Office in England.

48/ Government Exhibit No. 39 was seized by Special Agent James J. Smith from Room 4 or the Information Bureau of the Cedars Complex.

- ---------------------------------------------------------------

tell whether "all were gotten or not." On page two of his

letter, he ordered that if target 10 files had not been

obtained, "do a project to get them and complete the DC

aspect of this tgt [target]." He admonished the defendant

Weigand to "consider this a high priority matter and get

these actions quickly done." 49/ In a second letter con-

tained in Government Exhibit No. 39, Dated 23 July 75, from

Peggy Tyson, the Information Bureau Programs Officer, to the

defendant Duke Snider, she stated that she had contacted the

District of Columbia and that "tgt 17 _is) done." (Emphasis

in the original.) Ms. Peggy Tyson telephoned Mr. Mesiner

and asked him to immediately send a dispatch to the defendant

Cindy Raymond outlining the status or all target 17 actions

and indicate what remained to be accomplished. Therefore,

- ---------------

49/ Handwriting expert James Miller concludes that it is

"highly probable" that the signature "Duke" at the end of

page two is in the handwriting of the defendant Snider.

Moreover, Mr. Meisner also identifies the handwriting in the

letter as that of the defendant Snider.

- ---------------------------------------------------------------

Mr. Meisner forwarded to the defendant Raymond a memorandum

dated 11 August 1975 entitled "GO 1361-TGT 17 STATUS", (Govern-

inent Exhibit No. 41A), 50/ stating that "Peggy [Tyson]

asked me to send you a dispatch re the areas checked for target

17 of GO 1361." He informed the defendant Raymond that the

only data found in the Tax. Division was in the offices

of Messrs. Krysa and Larsen. He noted that the only areas

in the Justice Department that should be checked "fall [are

located] in the main Treasury [sic] building" and "would

require infiltration - probably several different FSMs."

Government Exhibit No. 41 is a 12 August 1975 letter from

Ms. Tyson to the defendants Snider and Weigand 51/ which

alluded to Mr. Meisner's statement that he "has gotten

files from the Justice Dept. Tax Division." In a letter

dated 10 September 1975, headed "CONFIDENTIAL -SHRED WHEN

FINISHED", the defendant Cindy Raymond wrote to Mr. Meisner

- -----------------

50/ Government Exhibits Nos. 41 and 42 were seized by

Special Agent Smith from Room 4 at the Cedars Complex.

51/ They are respectively identified in the routing

as the Deputy Deputy Guardian U.S. and Deputy Guardian for

Information U.S.

- ---------------------------------------------------------------

that since there may have been some confusion regarding GO

1361, target 17, she was "reissuing the target." (Government

Exhibit No. 42.) She reminded him that targets 16 and 17

required the infiltration of the Justice Department Tax Division

to obtain all files on Scientolosy, and instructed him that

"[w]hat you need to do to comply to this is survey all areas

that we have checked, and then take a look at any area (Tax

Div) that we need to check and then get the data." She

concluded that "[tlhis should clarify waht [sic] is needed and

wanted in the way of tgt 17. Send compliance as soon as you

can . . . ." Mr. Meisner received that letter in Washington,

D.C. and notified the defendant Raymond that all documents

from the Department of Justice Tax Division relating to

Scientology had been already obtained. 52/

- -----------

52/ In a memorandum from a Guardian's Office official

dated October 3, 1975 to the defendant Richard Weigand

(Government Exhibit No. 56), requesting a compliance report

regarding target 17 of GO 1361, the defendant Weigand, added

a handwritten note stating that target 17 "is almost done"

in Washington, D.C., but still required six weeks to be

completed as far as the Justice Department Tax Division

in Los Angeles, California was concerned. Handwriting

expert James Miller concludes that the note was probably

written by the defendant Weigand. Mr. Meisner alao identifies

the note as having been written by the defendant Weigand.

Government Exhiblt No. 56 was seized by Special Agent Smith

from Room 4 in the information Bureau at the Cedars Complex.

- ---------------------------------------------------------------

E. The Guardians Office

Awards its GO 1361 Workers

On September 21, 1975, the defendant Gregory Willardson,

in his capacity as Branch I Director for the Information

Bureau in the United States, wrote a "CSW" (Completed Staff

Work) to Guardian World-Wide Jane Kember requesting her to

issue certain "commendations" and "awards" to certain Bureau I

staff members. They had been involved in the execution of GO

1361 during the period March to late June 1975, when it

had been neccesary for Mr. Meisner to send thousands of

documents to Los Angeles without first excerpting them.

Among the individuals for whom official recognition were sought

was the defendant Cindy Raymond. The attached "Guardian

Condition Order" (Government Exhibit No. 43E) 53/ listed

all the individuals to be so honored. It was approved by

the defendants Heldt, Weigand and Willardson, and

Budlong and Lisa for the Guardian World-Wide, Jane Kember.

- ----------------

53/ Government Exhibit No. 43 was seized by Special Agent Smith from Room 4 in the Information Bureau at the Cedars Complex.

- ---------------------------------------------------------------

The 12 September 1975 "CSW" from the defendant Willardson

was routed through, among others, the Deputy Guardian for

Information World-Wide, Mo Budlong, who inserted a notation

"Okay by me[,] Love MB". Mr. Meisner recognizes it as being

in the handwriting of Mr. Budlong. The Deputy Guardian for

the United States, the defendant Heldt, initialed the "CSW"

next to his title, thereby indicating his approval, as did

the Deputy Guardian for Information in the United States, the

defendant Richard Weigand, who also initialed the document

next to his title. The Guardian World-Wide, Jane Kember,

approved the "CSW" by signing her name next to the entry

"approved". On the right-hand side of the document, she also

requested the defendant Willardson to keep the information

confidential since it mentioned Bureau I names. Mr. Meisner

recognizes that handwriting as well as the signature next to

the word "approved" as that of Ms. Kember. 54/

- -----------------

54/ Handwriting expert James Miller identifies the

handwriting of the defendant Willardson on Government Exhibit

No. 43 as follows: On page one, "highly probable" as to the

notation in the upper right-hand corner under the date, on

page two, "positive" as to the notation signed "Greg" above

the date; on page four, "positive" as to the entire letter;

on pages five and six, "highly probable" as to the signature

"Greg". Moreover Mr. Meisner recognizes the initials of the

defendants Heldt and'Weigand.

- ---------------------------------------------------------------

F. The Theft of IRS Docurents Exempted from

Disclosure Under the Freedom of Information Act

In July 1975 the defendant Cindy Raymond informed Mr.

Meisner that the Church of Scientology had initiated a Freedom

of Information Act (FOIA) lawsuit against the IRS and directed

him to be alert to any documents in the offices of Charles

Zuravin, an attorney in the Disclosure Division of the Chief

Counsel's Office, since he was representing the United States

in that case. Mr. Zuravin's offices were located in the main

IRS building at 1111 Constitution Avenue, N.W., in Washington

D.C. Mr. Meisner immediately notified the defendant Wolfe and

instructed him to add Mr. Zuravin's office to the list of

offices within the IRS's main building in Washington D.C.

which he had to constantly monitor. This began a series of

entries into Mr. Zuravin's offices by the defendant Wolfe from

July 1975 through November 1975. As a result or the defendant

Wolfe's entries, the Guardian's office learned that Mr. Zuravin

had been amassing all documents dealing with Scientology from

all IRS offices around the country in order to prepare an FOIA

- ---------------------------------------------------------------

index. 55/

The defendant Wolfe made his first entry into Mr. Zuravin's

office on or about July 28, 1975, and copied Mr. Zuravin's

file on the pending Freedom of Information Act lawsuit. He

removed that file out, photocopied it using United States

Government property, returned it to Mr. Zuravin's office,

stole the copies, and turned them over to Mr. Meisner at their

weekly meeting. Mr. Meisner summarized the documents taken

by the defendant Wolfe in a memorandum addressed to the defend-

ant Raymond dated 28 July 1975, and sent a copy of that

memorandum to the defendant, CSG, Mary Sue Hubbard (See

Government Exhibit No. 40.) /56 The defendant Wolfe made

four additional illegal entries into Mr. Zuravin's office at

the IRS between mid-September and late November 1975. In

each instance, the defendant Wolfe took documents which Mr.

- ---------------

55/ This index, known as a _Vaughn_ index, is required by

the Courts, and lists all documents potentially subject to

the FOIA with reasons for all those sought to be exempted

from the reach of the Act.

56/ Government Exhibit No. 40 was seized from a file

cabinet located in the Information Bureau at the Cedars

Complex. Mr. Meisner identifies the initials next to the

title "DG US" in the routing portion of the document as being

in the handwriting of the defendant Heldt, and the initials

next to the title "INFO BR I DIR US" as being the handwriting

of the defendant Willardson.

- ---------------------------------------------------------------

Zuravin had obtained from other IRS offices in order to

respond to the scieritology FOIA suit. Following each entry,

the defendant Wolfe gave Mr. Meisnor the documents which he

had stolen. 57/ Mr. Meisner summarized each set of documents

in a memorandum which he sent to his superiors in Los Angeles,

California. Government Exhibits Nos. 44, 47, 48 and 50 58/

are memoranda prepared by Mr. Meisner for that purpose.

Each of these exhibits followed the format of previous memo-

- ---------------------

57/ The defendant Wolfe told Mr. Meisner that he followed

the same procedure each time he entered the IRS offices in

order to steal documents. After taking the documents out

out of a particular individual's office, he photocopied them

on a United States Government photocopying machine using

United States Government equipment and paper and then returned

them to their proper location, and took the copies of documents

out of the building. Of course, all this was done without

permission.

58/ Government Exhibit No. 44 was seized by Special Agent Frederick Hillman, Government Exhibit No. 147 was seized by Special Agent Roger L. Lehman, and Government Exhibit No.

50 was seized by Special Agent Edward J. Miller. They were

each seized from a different file cabinets in Room 30 of the

Infornation Bureau at the Cedars Complex. Government Exhibit

No. 118 was seized by Special Agent Smith from Room 4 in that

same building.

- ---------------------------------------------------------------

randa written by Mr. Meisner. 59/ However, beginning with

Government Exhibit No. 45, 60/ the ractiot-aridum dated 30

September 1975, the routing was changed for security purposes.

Whereas bcrore September 30, 1975 the memoranda and appended

documents were routed through a numbor of Information Bureau

officials, following that date, the memoranda were routed

directly from Mr. Meisner to the defendant Raymond. The

defendant Raymond was then responsible for the distribution

of the memoranda and documents to the other officials of the

information Bureau and Guardian's Office who previously

- -------------------

59/ Mr. Meisner identifies handwriting of the

defendant Raynond on the following documents: Government

Exhibits Nos. 44 and 45, the handwritten notations next to the

entry "Dear Cindy"; Government Exhibit No. 45, the entry "Sent

to WW" on the upper right-hand corner of page one; Government

Exhibit No. 47, the handwritten notation on the upper left-

hand margin and in the upper right-hand of page one "CIC copy";

Government Exhibit No. 48A, the handwritten notation above

"Coll Off US" and the initials and date next to that title

as well as the handwritten notation below the title of the

document; and Government Exhibit No. 50 the initials and

date next to the title "Coll Off US" in the routing. Mr.

Meisner also identifies on Government Exhibit No. 44 the

initials in the handwriting of the defendant Heldt next to

the title "DG US" in the routing portion of the document.

60/ Government Exhibit No. 45 was seized by Special

Agent Lehman from a file cabinet in Room 30 of the Cedars

Complex.

- ---------------------------------------------------------------

received them, namely, the defendants Heldt, Weigand and

Willardson. A copy, however, was still sent to the CSG, the

defendant Mary Sue Hubbard, as indicated by the routing in

the upper right-hand corner of each memorandum.

Government Exhibits Nos. 46A-D are copies of IRS documents

stolen fron Mr. Zuravin's office by the defendant Wolfe and

given to Mr. Meisner. Each of those documents is summarized

in the Meisner memorandum of 30 September 1975 (Government

Exhibit No. 45). 61/ Each of the four documents has numbers

placed by Mr. Meisner at its lower right-hand corner, and

concerns either, "the IRS National Office Intelligence files"

or the "SSS" [Special Services Staff] files", which were

specifically called for by GO 1361, Target 10. In the memo-

randum of 24 September 1975 (Government Exhibit No. 44), Mr.

Meisner summarized documents regarding the "IRS/Hawaii

Intelligence Files". The memorandum of 10 October 1975

- ----------------------------

61/ They are summarized as follows: Government Ex-

hibit No. 46A in Government Exhibit No 45 at page four

paragraph two; Government Exhibit No. 46B at page four,

paragraphs five and six; Government Exhibit No. 46C at page

two, paragraphs two and three; and Government Exhibit No.

46D at page three, paragraphs one and two.

- ---------------------------------------------------------------

(Government Exhibit No. 47) excerpts "IRS Intelligence Files -

1972-1974". Mr. Meisner's 13 October 1975 mornorandlipi (Govern-

ment Exhibit No. 48a) deals with the transcript of an inter-

view between former, Scientologist Gene Allard, and California

Deputy Attorney General Lawrence Tapper. A copy or that

transcript had been given to the IRS. Mr. Meisner's memorandum

was subsequently transmitted by the defendant Cindy Raymond

to the other Guardian's Office officials who previously had

been included in Mr. Meisner's routing. Thus, in a letter

dated 21 October 1975 (Government, Exhibit No. 48), the defnd-

ant Raymond 62/ tratismited the appended Meisner memorandum

of 13 October 1975 and the appended stolen documents to

Michael Taylor, the US Directorate Secretary B-I World-Wide,

via the defendants Heldt, Weigand, and Willardson, as well

as Jane Kember and Mo Budlong. The letter further indicated

that a copy had already been sent to the "CSG", the defendant

- --------------------------

62/ Handwriting expert James Miller positively identifies

the signature "Cindy" on that letter having been written by

the defendant Raymond.

- ---------------------------------------------------------------

Mary Sue Hubbard, by "AG I DC" Meisner.

By early October 1975, Charles Zuravin had completed an

FOIA index regarding all IRS documents relating to Scientology,

and had given it to Scientology attorneys. Prior to preparing

the FOIA index, Mr. Zuravin had numbored each document so as

to facilitate locating them. Within the next few days, the

defendant Raymond sent Mr. Meisner a copy of that index with

a directive to obtain all documents which Mr. Zuravin had

concluded were exempted from the FOIA. Mr. Meisner, prepared

a list of those "excempted" documents by IRS number and gave

it to the defendant Wolfe who was instructed to obtain them

Then, in a letter dated 10 November 1975 (Government Exhibit

No. 49) 63/ to the defendant Cindy Raymond, Mr. Meisner

enclosed a copy of the list of withheld documents which he

had given to the defendant Wolfe. Mr. Meinser explained to

her that he had prepared that list from the FOIA index which

she had sent him. He told the defendant Raymond that "Silver",

the defendant Wolfe, had been given a copy of that list and

- ---------------------

63/ Government Exhibit No. 49 was seized by Special

Agent Smith from Room 4 in the Information Bureau at the

Cedar's Complex.

- ---------------------------------------------------------------

"is methodically making Copies of all documents listed." He

told the defendant Raymond that the defendant Wolfe, over the

previous weekend, had taken "a foot of material" (stolen

documents) fron the IRS and was already through the third

column of numbers on the index list. Mr. Meisner estimated

that an additional two weekends would be needed to acquire all

remaining documents from the IRS. 64/

Upon receipt from Mr. Meisner of the list of withheld documents, the defendant Wolfe entered the offices of Mr.

Zuravin at the IRS on or about November 20, 1975 and obtained

documents located on that list. 65/ Thus, the title of Mr.

- --------------

614/ Handwriting expert James Miller identifies the

defendant Raymond as the writer of the eleven line notation in

the left margin; the note "This ia an FOI IRS index of all

withheld documents in IRS FOI action" on the right-hand side

of the document and the nine line notation beginning "Note I am

double checking . . ." on page two or Government Exhibit No. 49.

Mr. Miller concludes that the handwritten notation "GW 14

Nov" in the upper left-hand corner of the front page is

probably in the handwriting of the defendant Willardson.

Mr. Meisner identifies the note as being in the handwriting

of the defendant Willardson.

65/ In a 4 November 1975 memorandum regarding the state

of the District of Columbia Guardian's Office actions on tar-

gets 10 and 17 of GO 1361, which she received from Peggy

Tyson, the Programs Officer U.S, the defendant Raymond, in a

(footnote continued on next page.)

- ---------------------------------------------------------------

Meisner's 20 November 1975 memorandum (Government Exhibit

No. 50); "Re: Withheld IRS FOI Documents #108-141." However,

within a few days after that entry, the IRS moved all

Scientology-related documents from Mr. Zuravin's office to

a file room which had previously been the office of Helen

Bumbry, located across the hall and which had a more secure

lock. Consequently, the defendant Wolfe was unable to continue

to obtain the remaining documents until sometime in January

1976 when, with the assistance of Mr. Don Alverzo, that office

was forced open with lock-picking equipment. (See page 100,

_infra_.)

Mr. Zuravin states that all the documents summarized in

the Meisner memoranda described above were in his files from

July to November 1975. Furthermore, he states that he neither

- --------------------

(footnote continued from preceding page.)

handwritten note, stated that Mr. Meisner was verifying "what

more is needed to comply to tgt 10", and had received a copy

of a list of all documents withheld by the IRS under the FOIA.

(Government Exhibit No. 56B). Handwriting expert James

Miller positively concludes that all the writing up to the

signature "Cindy" is that of the defendant Raymond.

- ---------------------------------------------------------------

gave permission to the defendant Wolfe nor any other represent-

ative of the Guardian's Office of the Church of Scientology

to enter his office and take copies of the documents located

therein, nor had he given these documents to the Church of

Scientology pursuant to the Freedom of Information Act.

G. The Guardian Program Order Instituting

An "Early Warning System" to Detect

Possible Legal Actions Against L. Ron

Hubbard and Mary Sue Hutbbard.

In early December 1975, Mr. Meisner went to Los Angeles

California, for briefings with his superiors in the Guardian's

Office. During one of those meetings the defendant Richard

Weigand showed Mr. Meisner the newly issued Guardian Program

Order 158 (GPgmO 158) -- Early Warning System. That Guardian

Program Order was issued on December 5, 1975 by the Guardian

World Wide Jane Kember after having been written by the

defendants Henning Heldt and Richard Weigand. (Government

Exhibit No. 53) 66/ GpgmO 158 states that it'd purpose is to

- -------------------

66/ Mr. Meisner and Ms. Hirsch state that the GPgmO

158 was issued in accordance with established Guardian Office

procedure for the issuance of Guardian Program Orders.

(footnote continued on next page.)

- ---------------------------------------------------------------

"[m]aintain an Alerting EARLY WARNING SYSTEM throughout the GO

[Guardian's Office] network so that any situation concerning

governments or courts by reason of suits is known in adequate

time to tahe defensive actions to suddenly raise the level on

LRH Personal Security very high" 67/ Thus, the purpose of

GPgmO 158 was to identify any potential lawsuit against, or

subpoena for, "LRH [L. Ron Hubbard] or MSH [the defendant

Mary Sue Hubbard] from a government agency or individual

litigation or from any source whatever" (vital target 3)

- -----------------

(footnote continued from preceding page.)

The names appearing at the bottom of page 3 indicate that the

order was written by the defendants Heldt and Weigand and

approved and issued by Guardian World Wide Jane Kember. Ms.

Hirsch also states that the initials "LM" which appear to the

left of Ms. Kember's name are in the handwriting of Ms.

Kember's communicator (secretary). Government Exhibit No. 53

was seized by Special Agent Robert Claudius from a file

cabinet in the defendant Willardson's Office at the Cedars

Complex.

67/ GPgmO 158 was issued pursuant to target 1 of GO

261175 which was originally issued by L. Ron Hubbard. An

identical Guardian Program Order, 158 R was reissued on May 27,

1977 by the defendants Weigand and Heldt. (Government

Exhibit No. 111.) Government Exhibit No. 111 was seized by

Special Agent Gary Aldrich from the office of the defendant

Willardson at the Cedars Complex.

- ---------------------------------------------------------------

"before activation" (vital target 2).

Specifically, Guardian Program Order 158 directed the following:

1. Place iii agent into the US Attorney's

Office DC as a first action as this office

should cover all Federal agencies that we are in

litigation with or may be in litigation with. AG I DC

2. Obtain data on their intended actions

toward Scientology, LRH/MSH. AG I DC

3. Get an agent into the US Attorney's rffice [sic] LA as a simultaneous action . . . .

4. Obtain data on their intended actions

toward Scientology, LRH/MSH. BR 1 DIR US

5. Place a seperate agent into the IRS

Office of International Operations (OIO) (as

this office has a case preparation or investi-

gative action going on LRH personally for income

tax invasion or something similar). AG I DC

6. Obtain their files on LRH/MSH and

Scientology and monitor the line continuously

of other actions against LRH/MSH. AG I DC

7. Continue to monitor tightly the DEA DC,

IRS DC and LA, the Coast Guard (soon to go to

Immigration and Naturalization) DC. Get any

present time data on LRH/MSH. BR I DIR US 68/

- ---------------------

68/ The other operating targets under GPgmO 158 include

moving existing of agents in the District Attorney's Office

(footnote continued on next page.)

- ---------------------------------------------------------------

After reviewing Guardian Program Order (GPgmO) 158 with

the defendant Weigand, Mr. Meisner suggested that it would

b@ more advantageous to the Hubbards, Scientology, and the

Guardian's Office to place a covert Scientolo&y agent at the

United States Department of Justice in Washington, D.C.,

rather than in the United States Attorney's Office in that

city. Mr. Meisner observed that Freedom of Information Act

suits were, generally, handled by the Justice Department.

Mr. Meisner also discussed this matter with the defendant

Cindy Raymond. Both the defendants Weigand and Raymond

approved Mr. Meisner's suggestion and directed him to prepare

a "CSW" for their approval.

- --------------------

(footnote continued from preceding page.)

in Los Angeles and the Attorney General's Office of California

"into position to obtain advance warning" (Target 8); "[g]et

Intell coming from Paulette Cooper, Robert Kaufman, Bernie

Green, and John Sefferrn to obtain intelligence data on

intended attack. AG I New York" (Target 14); "[p]lace a

very secure agent into the AMA Chicago headquarters in the

best position possible to obtain data on their intended

actions towards us" (Target 16); "[d]etermine what agency

near LRH would serve any Federal governmental subpeona.

This could be the local US Marshall's [sic] Office" (Target

19). (L. Ron Hubbard and Mary Sue Hubbard were living outside

of Clearwater, Florida, at the time Kember issued GpgmO 158.)

- ---------------------------------------------------------------

Following his return to the District of Columbia in the

second week of December 1975, Mr. Meisner sent a "CSW," out-

lining his suggestion, to the defendant Weigand, routed

through the defendant Raymond. The "CSW" called for placement

or the defendant Sharon Thomas as Scientology's covert operative

within the Department of Justice instead of the Immigration

and Naturalization Service where she had been earlier scheduled

to infiltrate for Scientology. See GPgmO 158, Operating Target 7.

The defendant Weigand immediately approved Mr. Meisner's

"CSW", first by telex, then by letter. Mr. Meisner after

having discussed the matter with the defendant Thomas, directed

her, during a meeting at a "Three Chef's" restaurant in nearby

Arlington, Virginia, to obtain employment at the Information

and Privacy Unit of the Civil Division of the Department of

Justice, which handled all FOIA requests and lawsuits. Ms.

Thomas, however, was unable to begin employment at the Depart-

ment of Justice until February 29, 1976. 69/ (Government

Exhibit No. 206).

- -----------------

69/ Ms. Thomas resigned her position with the United

States Coast Guard on February 28, 1976. She had begun employ-

ment there on January 13, 1975.

- ---------------------------------------------------------------

Prior to Ms. Thomas' employment at the Department of

Justice, Mr. Meisner, the defendant Wolfe and other Guardian's

office officials committed a series or burglaries of the main

Justice Department building, located at 9^th and Pennsylvania

Avenue, in Washington, D.C. The initial two entries

were made in December, 1975 by Mr. Meisner and the defendant

Wolfe in order to obtain documents from the office of Justice

Department attorneys Paul Figley and Jeffrey Axelrad, both of

the Civil Division's Information and Privacy Unit. The

defendant Raymond had previously informed Mr. Meisner that

the Legal Bureau of the Guardian's Office had learned that

Mr. Figley had been assigned the FOIA cases initiated by

Scientology. According to Raymond, Mr. Figley also coordinated

other FOIA cases involving Scientology. Another reason for

entering Mr. Figley's office was to gain information pursuant

to GPrmO 158. They also were seeking Interpol documents in

compliance with Guardian World-Wide Jane Kember's long out-

standing order of November 21, 1973, as reissued by the

defendant Heldt on April 25, 1975 (see Government Exhibit

No. 2), and Guardian Program Order 9 (see Government Exhibit

Exhibit No. 63, at page 142, infra).

- ---------------------------------------------------------------

On both occasions that Mr. Meisner and the defendant

Wolfe burglarized Mr. Paul Figley's office, they entered the

main Department of Justice building prior to 5:30 p.m. by

using the defendant Wolfe's IRS identification card. They

waited in the main library, until after working hours, when

they proceeded to Figley's office, which they unlawfully

entered, through a closed but unlocked door. Mr. Meisner

observed files relating to Scientology on Figley's desk,

on his window ledge, and in his file cabinets. During the

first entry, Mr. Meisner skimmed through all of the files

and then took four files which were located in open areas in

Mr. Figley's office. Using photocopying machines, facilities,

equipment and paper located on the fourth floor of the building

Mr. Meisner and the defendant Wolfe photocopied the files,

returned them to Mr. Figley's office, and stole copies of

the doctiments for the use of the Guardian's Office of the

Church of Scientology. Both times, Mr. Meisner and the

defendant Wolfe were in the building until approximately

10:00 P.M. On neither occasion, did Mr. Meisner or the

- ---------------------------------------------------------------

defendant Wolfe have permission to enter the office of Mr.

Figley, take his files, photocopy the documents, and take

those photocopies. They, thus, deprived Mr. Figley and the

Department of Justice of sole possession of these documents.

Following the theft of the copies of documents, Mr. Meisner

summarized their contents in two memoranda dated 17 December

1975 (Government Exhibit No. 54) and 18 December, 1975

(Government Exhibit No. 55). 70/ Each memorandum was sent

to the defendant Raymond who at that time still held the

position of Collections Officer U.S. A copy was sent to

the "CSG", defendant Mary Sue Hubbard. Appended to each

memorandum were the stolen copies of the documents.

Government Exhibit No. 54 is entitled "Re: Justice Department, FOI Suits-Figley"; and Government Exhibit No.

- ------------------------

70/ Government Exhibits Nos. 54 and 55 were seized by

the FBI from a file cabinet in the Information Bureau at the

Cedars Complex.

- ---------------------------------------------------------------

55 71/ is entitled "Re: DEA FOI Case-D of J Data-

Figley". Both memoranda were received by the defendant

Cindy Raymond, who initialcd and dated the documents next to

her title on their routing portion. 72/ prior to the defendant

Thomas' employment at the Department of Justice, additional

burglaries of, and theft of copies of documents from, Mr.

Figlay's office were committed by the defendant Wolfe together

- ------------------------

71/ Mr. Paul Figley states that in 1975 and 1976 he was

a trial attorney in the Information and Privacy Unit of

the Civil Division of the United States Department of Justice

at 9^th & Pennsylvania Avenue, N.W. in Washington, D.C.

During the years covered by the indictment in the instant

case, Mr. Figley was assigned to the processing of FOIA cases

involving the Central Intelligence Agency (CIA), the Drug

Enforcement Administration (DEA), the U.S. Customs Service,

the Defense Communications Agency, the Department of the

Army, the Energy Research and Development Administration

(ERDA), the U.S. Postal Service and Interpol. In his care,

custody and control, as a result of his duties as a Justice

Department attorney, were numerous documents from these

agencies relating to Scientology. Mr. Figley has reviewed

the Meisner memoranda marked Goverment Exhibits Nos. 54 and

55 and states that the documents summarized therein were in

his possession in December 1975. He further states that he

did not give permission to the defendant Wolfe or Mr. Meisner

to enter his office, take documents, photocopy them and

take copies of the documents for the use of Scientology.

72/ Handwriting expert James Miller concludes that it

is "highly probable" that these handwritten entries as well as

the entries "non FOI" and the "Justice Dept" notation on

Government Exhibit No. 55 were made by the defendant Raymond.

- ------------------------------------------------------------------

witli Joseph Alesi, the Collections Officer in the District

of Columbia's Information Bureau, and Richard Kimmel, the

Inrormation Branch I Director in the District of Columbia.

On each of those occasions, the stolen copies of documents

were personally given to Mr. Meisner by either Messrs. Alesi

or Kimmel. They also told Mr. Meisner that they had taken

the documents from Mr. Figley's office, photocopied then on

photocopying machines located within the Department of Justice,

using United States Government property equipment, and supplies,

and stole the resulting copies of documents. 73/

- -------------------

73/ Soon after she began her employment for the

Information and Privacy Unit of the Civil Division at the

Department of Justice, the defendant Thomas began to steal

documents and photocopies thereof. Thus, on or about March

22, 1976, she entered Mr. Figley's office after regular

working hours, and, without permission, took some thirty pages

of documents relating to Scientology which Mr. Figley was

receiving as part of FOIA suits against the CIA, ERDA, FDA,

Army and Defense Departments. She photocopied the documents

using United States Government equipment and supplies and gave

copies of these documents to Mr. Meisner. Mr Meisner summar-

ized these documents in a memorandum dated March 22, 1976

which he sent with the documents to the defendant Hermann

(a/k/a Cooper.) (Government Exhibit No. 64). He also sent a

copy to the "CSG", defendant Hubbard. The defendant Hermann

forwarded Meisner's memorandum and documents to World-Wide.

Handwriting expert James Miller

(footnote continued on next paec.)

- ---------------------------------------------------------------

100

H. The Los Angeles Guardian's Office

Sends Help to the District Of

Columbia Guardian's Office

In November 1975, the Office Of Messrs. Charles Zuravin

and Lewis Hubbard were placed within a "red seal" or high

security area inside the main IRS building in Washington

D.C. Consequently, the doors were both locked at all times.

As a result of those moves, Mr. Meisner and the defendant

Wolfe were unable to gain entry in these areir and lost the

ability to monitor those areas. Both defendants Weigand and

Raymond, by phone and letter, repeatedly urged Mr. Meisner

to continue to surveil the offices of Messrs. Hubbadr and

Zuravin in order to obtain all recent documents relating to

- ------------------------------

(footnote continued from preceding page.)

positively identifies the fourteen-line handwritten notation

as well as the initials "CR, 28 March 76" on the Hermann

lettcr as having been made by the defendant Raymond. He

also concludes that it is "highly probable" that the initials

"GW" and "BID Natl CIC" were made by the defendant Willardson;

and "probable that the signature "Mike C" was made by the

defendant Hermann/Cooper. Moreover, Mr. Meisner identifies

that signiture as well as the entry "(sent by DC)" next to

"CSG" as having been made by the defendant Hermann/Cooper;

and the initials "GW" as those of the defendant Willardson.

Government Exhibit No. 64 was seized by the FBI from a file

cabinet within the Information Bureau at the Cedars Complex.

- ---------------------------------------------------------------

101

Scientology, especially those in Mr. Hubbard's possession

dealing with the current status of the Church of Scientology

of California audit. Mr. Meisner informed them that it had

become impossible to gain access to those offices. Thus, in

mid-January 1976, the defendant Hermann, the Southeast U.S.

Secretary for the Information Bureau under its reoganiza-

tion, notified Mr. Meisner by phone that the defendants

Heldt and Weigand had approved "mission orders" to send Don

Alverzo to Washington, D.C. to gain access to these two

offices. Alverzo arrived in Washington, D.C., on Saturday,

January 17, 1976, and met Mr. Meisner at the Church of Scien-

tology at 2125 S Street, N.W., Washington, D.C. Mr Alverzo

showed Mr. Meisner a copy of his "mission orders" and informed

him that they were to go into the IRS building with the

defendant Wolfe the next day to pick the looks on the doors

of Messrs. Hubbard and Zuravin. Mr. Alverzo also showed

Mr. Meisner the lock-picking equipment he had brought

with him and instructed Meisner on how to use such equipment.

Mr. Meisner identifies Government Exhibit No. 203 as equipment

identical to the equipment which Alverzo brought with him to

- ---------------------------------------------------------------

102

the District of Columbia. (See photograph of these exhibits,

Government Exhibit No. 218.) 74/

On Sunday, January 18, 1976, the defendant Wolfe, together

with Messrs. Meisner and Don Alverzo, entered the main IRS

building located at 1111 Constitution Avenue, N.W., in

Washington, D.C., between 7:00 and 8:00 p.m. The defendant

Wolfe signed all three individuals into the building using

his IRS identification card. They proceeded to the third

floor area where Mr. Zuravin's file office and Mr. Hubbard's

office were located some three te four doors apart.

- ----------------------------

74/ Government Exhibits Nos. 195 - 203 were located in

a black suitcase seized by Special Agent Eusebio Benavidez

from the office of the defendant Willardson at the Cedars

Complex. These exhibits were examined by FBI Special Agent

James O. Davis of the FBI laboratory, who identifies them as

follows:

Exhibits 195-201, "seven spring steel shims",

Exhibit 202, a key "micrometer", and

Extiibit 203, a "H.B.C. Inc. lockpicking kit."

As a result of his examination of these items, Agent Davis

concludes that Government Exhibits Nos. 195 - 201 are "commonly

used for making picks and tension tools used in picking

locks," Government Exhibit No. 202 is "used to measure the

depth of cuts in keys," and Exhibit 203 "is a pick set . . .

[and] the tools it contains are used for picking locks."

- ---------------------------------------------------------------

103

While the defendant Wolfe stood guard at the end of the

hallway, Mr. Alverzo attempted to pick the lock on Mr.

Hubbard's door, and Mr. Meisner worked on Mr. Zuravin's

door. After having been unsuccessful in opening these

doors for approximately one to one and one-half hours, Mr.

Meisner, in exasperation, hit with his fist the top of

Zuravin's door, forcing it to pop open. All three indivi-

duals entered and took, without permission, the remaining

Scientology-related documents which had bcen withheld by the

IRS in FOIA litigation. They then went to another floor

where all three began to photocopy these documents using

United States Government equipment and resources. After

a while, the derendant Wolfe took over the photocopying,

while Messrs. Meisner and Alverzo returned to the third

floor in a further attempt to open Mr. Hubbard's office

Finally, Mr. Alverzo, using a piece of cardboard, was able

to force that door open. Then, with the assistance of the

defendant Wolfe, they reviewed all Scientology-related

material in Mr. Hubbard's office, and took those documents

- ---------------------------------------------------------------

104

which had not been previously stolen. They then photocopied

the documents, using the same IRS photocopying equipment and

material and returned all documents to their respective

locations. At approximately 2:00 a.m., all three men left

the IRS building with a one foot high stack of stolen copies

of documents. Messrs. Meisner and Alverzo proceeded to the

Information Bureau offices at 2125 S Street, N.W., where they

placed the documents in a secure location. Alverzo left

Washington, D.C. to return to Los Angeles, California, on

January 19, 1976.

Government Exhibit No. 56D 75/ is a "mission

report", dated January 22, 1976, from the defendant Mitchell

Hermann, now using his alias Mike Cooper, to Michael Taylor,

the U.S. Secretary for, B-1 World-Wide, regarding this three-day

mission of Don Alverzo to the District of Columbia. 76/ In

- ----------------------

75/ Government Exhibit No. 56 was seized by Special

Agent from Room 4 in the Information Bureau at the

Cedars Complex.

76/ Handwriting Expert James Miller concludes that the

signature "Mike C" on Government Exhibit No 56D is probably

the handwriting of the defendant Hermann. Moreover, Mr.

Meisner identifies the signature to be in the handwriting

of the defendant Hermann.

- ---------------------------------------------------------------

105

it, the defendant Hermann informed Mr. Taylor that on January

17, 1976, Mr. Alverzo had been sent to Washington, D.C. to

acquire "additional and more recent 1361 tgt 10 data." He

adds that the "missionaire [Alverzo] was briefed by AG I DC

[Meisner] and was accompanied by AG I DC and an FSM [Wolfe]

on the mission." He further stated that the mission had

been successful, and that "a pile of documents approximately

10" thick" had been seized. He detailed that Mr. Alverzo

instructed Mr. Meisner and the defendant Wolfe on "how to

obtain future access" to these areas. The defendant Hermann

concluded that as a result of that entry the remaining

documents withheld under the FOIA were stolen from the IRS.

In a "compliance report" dated 21 January, 1976

(Government Exhibit No. 56C), the defendant Weigand responded

to a request from the defendant Heldt regarding the mission

of Mr. Alverzo so that Heldt could respond to a dispatch from

the defendant Mary Sue Hubbard. The defendant Weigand appended

to his letter the report of Acting Southeast U.S. Secretary

Hernmann (a/k/a Cooper). The defendant Weigand explained

- ---------------------------------------------------------------------------

106

that he authorized the Alverzo mission because of the need to

get current documents regarding Scientology, and that the

District of Columbia Guardian's Office personnel was not

trained to pick locks. 77/

I. The Guardian's Office Orders Mr.

Meisner to Los Angeles For

Debriefing and Auditing

At, the begining of February 1976, Mr. Meisner went to

Los Angeles, California, both for auditing and for briefing

regarding his Guardian Office assignments. While in Los

Angeles, Mr. Meisner had numerous meetings with his immediate

superiors, as well as other officials of the Guardian's

Office. During the first week of February, Mr. Meisner

attended a meeting with the defendants Henning Heldt and

Richard Weigand in Mr. Heldt's office on the sixth floor of

- --------------------

77/ See Govovernment Exhibit No. 57, a letter dated 3

Febuary 1976 from the defendant Weigand to the CSG Assistant

for Information, Jimmy Mulligan, responding to Mulligan's

request for information concerning the status of the IRS

document collection under GO 1361. That letter refered to

the Alverzo forced entries into IRS as well as subsequent

areas entered by the defendant Wolfe.

- ---------------------------------------------------------------------------

107

Fifield Manor. Also present at that meeting were the Deputy

Guardian for Finance Mary Heldt, the Deputy Guardian for the

Legal Bureau Mary Rezzonico, and the CPA (Certified Public

Accountant) US Martin Greenberg, an official in the Finance

Bureau. The defendant Weigand, at the defendant Heldt's

request told Mr. Meisnetr to attend the meeting. Its purpose

was to discuss and analyze the current IRS strategic as revealed

in the stolen documents regarding the pending Church of

Scientology of California audit. Each person present at that.

meeting expressed full knowledge that the documents in question

had been stolen from the IRS offices. That same day, Mr.

Meisner attended another meeting with Mary Rezzonico and the

defendant Gregory Willardson in the defendandt Weigand's office.

During that meeting, Ms. Rezzonico, directed Mr. Meisner to

instruct the covert agents in the District of Columbia to

be alert to any IRS documents regarding a Scientology front

organization knonw as the Religious Research foundation (RRF).

She was also seeking any information disclosing knowledge by

the IRS of any financial dealings and relationship UL, L.4t-,cts

RRF and the Church of Scientology of California.

- ---------------------------------------------------------------------------

108

During the time that he was in Los Angeles, Mr. Meisner

also met with the defendants Weigand and Willardson in

defendant Weigand's office at the Fifield Manor to discuss

the Information Bureau's access to current docments in the

possession of IRS. The participants discussed a telex which

had been received from the CSG Assistant for Information, Jimmy

Mulligan, regarding the access to current information in the

office of Mr. Lewis Hubbard of the IRS. The defendant Weigand

instructed Mr. Meisner to prepare a report outlining what

he had done in that respect and to respond to Mr. Mulligan's

telex.

As a result of that directive, Mr. Meisner prepared

Government Exhibit No. 46B which begins at page eight of

Government Exhibit No. 46. It includes a telex in the name

or Richard Weigand responding to Mulligan's inquiry. Mr.

Meisner gave that telex directly to the defendant Weigand

who approved it in his presence and directed that it be sent

to Mr. Mulligan, whose offices were near Clearwater, Florida.

Mr. Meisner also prepared a three-page handwritten letter to

- ---------------------------------------------------------------------------

109

the defendant Weigand dated 3 February 1976. In it, Mr.

Meisner outlined the events which had recently taken place

in the District of Columbia, including the forced entry made

by Don Alverzo into Mr. Hubbard's office at the IRS. He also

detailed how Wolfe gained access to attorney Stephen Friedberg's

office in the Chief Counsel's Office by unlocking one of his

office doors during the daytime. Mr. Meisner informed the

defendant Weigand that Mr. Friedberg had documents relating

to the California Church of Scientology audit dated as recently

as January 26, 1976. Mr. Meisner handed that report to Mr.

Weigand upon its completion.

In a "compliance report" dated 11 February 1976, from

the defendant Weigand to Guardian World-Wide Jane Kember,

the defendant Weigand reviewed the achievements of the Infor-

mation Bureau pursuant to GO 1361 Target 10 and reported

compliance with that target. He informed Ms. Kember that

all documents withheld by IRS under the FOIA for the period

up to March 1975 had been stolem from the IRS. These included

documents from the offices of Barbara Bird, Lewis Hubbard,

- ---------------------------------------------------------------------------

110

Stephen Friedberg, the Chief Counsel's office, the Office Of,

International Operations, the Intelligence Division, and the

Special Services Staff. The defendant Weigand also stated

that documents turned over by the IRS to the Department of

Justice Tax Division and staff attorney Michael Sanders had

also been obtained. Mr. Meisner identifies the signature

"Dick" appearing on page two of Government Exhibit No. 46 is

that or the defendant Weigand. 78/

Government Exhibit No. 58 79/ is identical to the two-

- ------------------

78/ Appended to Government Exhibit 46 is a 5 February

1976 report from Mitchell Hermann who signs it "Mike C.", to

the defendant Weigand, stating that numerous documents withheld

by the IRS pursuant to the FOIA were taken by the Information

Bureau in Washington, D.C. He added that documents regarding

Scientology were taken from many IRS offices including the

Audit Division, Intelligence Division, Office of Inter-

national Operations, Exempt Organization, Individual Income

Tax Division, Office of the Chief Coursel, Disclosure Division,

Special Services Staff, as well as other offices. Mr. Meisner

identifies the signature "Mike C." as that of the defendant

Hermann. Handwriting expert Miller concludes that it is

"probable " that the defendant Hermann wrote that signature.

The defendant Hermann's report is appended to the 11 February

1976 letter from the defendant Weigand to Ms. Kember on

evidence that target 10 of GO 1361 had indeed been complied to.

79/ Government Exhibit No. 58 was seized by Special Agent Smith from Room 4 at the Cedars Complex.

- ---------------------------------------------------------------------------

111

page letter from the defandant Weigand to Ms. Kember dated 11

February 1976 (Government Exhibit No. 116). However, Government

Exhibit No. 58 is the copy received and reviewed by Jane

Kember. Indeed, she notes on the right-hand side of the

first page "Dear Dick [Weigand], This is very well done

indeed. Thank you for your excellent compliance. Much

love, Jane." Following Ms. Kember's review of the document

it was received by the defendants Willardson and Weigand who

initiated it next to its routing session. 80/

Prior to his return to the District of Colmbia in the

third week of February 1976, Mr. Meisner met with the defedant

Willardson in the defendant Weigand's office. During the meet-

ing, Mr. Meisner showed the defendant Willardson how he and

the defendant Wolfe had gained access to locked offices in

the IRS building in Washington, D.C., by using a shaped

metal device. During subsequent meetings in Los Angeles,

- -------------

8O/ Mr. Meisner and Ms. Hirsch identify the handwritten

notation signed "jane" as having been written by Jane Kember.

Mr. Meisner additionally identifies the initials of the

defendants Willardson and Weigand in the routing portion of

the document. Moreover, handwriting expert Miller has con-

eluded that it Is "highly probable" that the notation "GW 9

Mar" in the routing section was written by the defendant

Wiilardson.

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112

California, Mr. Meisner's superiors instructed him that,

upon his return to the District of Columbia, he was to obtain

IRS documents from the offices of Joseph Tedesco, Jeanne

Gessay and Muriel Moritz of the Exempt Organizations Division,

Assistant Commissioner for Employee Plans and Exempt Organiza-

tions Alvin Lurie, Special Assistants to Lurie Charles Rurpli

and Howard Schoenfeld. Mr. Meisner was ordered to obtain all

current information at the IRS regarding the Church of Scien-

tology of California audit. His superiors wanted to receive

sufficient notice of any adverse IRS ruling prior to it's

finalization so that they could intervev through their

legal representatives and apply whatever neccessary pressure

to change the ruling.

J. Mr. Meisner Returns to

the District of Columbia

Upon his return to the District of Columbia, Mr Meisner

directed the defendant Wolfe to enter the offices of Joseph

Tedesco, Jeanne Gessay and Muriel Maritz and take all documents

in their possession regarding the Church of Scietology of

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113

California audit. On or about March 4, 1976, the defendant

Gerald Bennett Wolfe entered the office of Joseph Tedesco

during the daytime and removed the door knob to one of the

doors leading to Tedesco's suite of offices. During the

nighttime, after working hours, the defendant Wolfe returned

to Mr. Tedesco's office and entered it through the door from

which the door knob had earlier been removed. Once inside,

the defendant Wolfe took all documents related to Scientology

from Mr. Tedesco's files, photocopied them using IRS photo-

copying equipment and supplies and returned the deocuments to

the office of Mr. Tedesco. He stole the copies of those

documents and gave them to Mr. Meisner at a previously sched-

uled weekly meeting at a pool hall located in nearby Arlington,

Virginia. Mr. Meisner summarized the stolen documents in a

memorandum dated 4 March 1976, addressed to the defendant

Mitchell Hermann, under his alias Mike Cooper. The document

entitled "Re: Joseph Tedesco - Current IRS Situation" stated

that "[t]he attached concerns Joseph Tedesco's area (Director

of the Exempt Organizations Division . . . IRS National

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114

office) and includes the totality of Scientology correspondence

in his area." Appended to the memorandum were five pages of

the stolen documents. (See Government Exhibit No. 59.) 81/

Mr. Meisner then forwarded the memorandum and attached stolen

documents to the defendant Hermann, who as Southeast U.S.

Secretary, was now receiving all such correspondence. A

copy of the memorandum and stolen documents was sent to the

CSG, defendant Mary Sue Hubbard, as reflected in the routing

portion or the document. 82/

The offices of Mr. Tedesco of the Exempt

Organizations Division of the IRS, were located at the main IRS

- --------------

81/ Government Exhibit No. 59 was seized by Special Agent Robert H. Wood from a cardboard box in the Information Bureau at the Ccdars Complex.

82/ This is further illustrated by the transmittal

memorandum from the defendant Hermann dated March 22, 1976,

to Michael Taylor at World-Wide, which states that "[a]ttached

are a set of docs concerning Tedesco's area and include the

totality of Scientology correspondence in his area." Next to

the entry "CC: CSG" in the routing portion of that trans-

mittal memorandum is a handwritten notation identified by

Meisner as written by the defendant Hermann. That notation

indicated that that copy was already "(sent by DC)". Mr.

Meisner also identifies the signature on that letter as that

of the defendant Hermann.

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115

building at 1111 Constitution Avenue, N.W. in March 1976.

Mr. Tedesco has reviewed the March 4, 1976 memorandum of Mr.

Meisner and has located the docutients reffered to in that

memorandum in his files. Tedesco states that these

documents were in his care, custody and control on or about

March 4, 1976. He further states that he did not give per-

mission to the defendant Wolfe to enter his office and take

the documents referred to in Government Exhibit No. 59 or

make photocopies of those documents.

On or about March 10, 1976, the defendant Gerald Bennett

Wolfe entered the office of Jeane Gessay of the IRS, without

permission, and took documents related to the then-pending

audit of the Church of Scientology of California. He stated

to Mr. Meisner that after taking the documents he photocopied

them on an IRS photocopyinrg machine, using equipment and sup-

plies which were the property of the United States of America.

He then returned the original documents to Ms. Gessay's

office and removed the copise of the documents out of the

IRS main building and gave them to Mr. Meisner for the use

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116

of Scientology. The defendant Wolfe did not have authority

to enter the office of Ms. Gessay. In fact, he did not have

authority to even enter the offices of Mr. Tedesco according

to defendant Wolfe's supervisor, Leon Kennedy. Upon receipt

of the stolen documents, Mr. Meisner summarized them in a

memorandum dated 10 March 1976 entitled "Re: Current IRS

Situation - Jeanne Gassay [sic] Material". Mr. Meisner

appended to that memorandum the stolen documents and forwarded

them to Southeast U.S. Secretary Hermann (a/k/a

Mike Cooper), and sent a copy to the CSG, the defendant Mary Sue

Hubbard. (Government Exhibit No. 60). 83/ By a transmittal

memorandum dated March 24, 1976 the defendant Herman (Mike

Cooper) , forwarded Mr. Meisner's memorandum and supporting

documents to World-Wide stating that "[a]ttached is a set of

handwritten notes in Jeanne Gessay's area". That memorandum

stated, next to the entry "CC: CSG" in the routing portion,

"(Sent by DC)". Mr. Meisner identifies the handwriting

- -------------------

83/ Government Exiiibit No.60 was seized by Special Agent Wood from the Information Bureau at the Cedars Complex.

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117

of that notation as well as the notation next to it as having

been written by the defendant Hermann. Additionally, Mr.

Meisner identifies the initials next to the "DG US" title as

having been written by the defendant Heldt.

On March 10 1976, Ms. Gessay was the chief of Ruling

Section I of the Exempt Organizations Division. Her section

had been assigned to give its "technical" opinion regarding

certain issues related to the audit of the Church of Scientology

of California. Thus she states that in March 1976, she had

in her files the documents summarized in the Meisner memorandum

of 10 March 1976. Indeed, she has checked her files and the

same documents are still located therein. 84/ Ms. Gessay

states that she did not give permission to the defendant

Wolfe to enter her offices on March 10, 1976, take documents

from her files, photocopy them and Lijrn over the photocopies

- ---------------------------

84/ She has turned over the originals to the Federal

Bureau of Investigation.

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118

to the Guardian's office of the Church of Scientology. 85/

In recognition of Mr. Meisner's accomplishments with

respect to GO 1361 target 10, the defendant Mitchell Hermann,

in his capacity as Southeast U.S. Secretary, recomended to

Guardian World-Wide Jane Kember that Mr. Meisner be issued an

award. (Government Exhibit No. 68.) 86/ In his "CSW" to

Kember, the defendant Hermann stated. that during the previous

year and a half "10-12 feet of material was obtained from

- -----------------

85/ On or about March 22, 1976, the defendant Wolfe

also entered the office of Assistant Commissioner for Employee

Plans and Exempt Organizations Alvin Lurie which were located

in the IRS building at 1111 Constitution Avenue, Northwest,

in Washington, D.C. The defendant Wolfe told Mr. Meisner

that he took documents related to the American Medical Asso-

ciation and its tax exempt status from Mr. Lurie's office,

photocopied them using IRS equipment and supplies, then

returned the documents to their original location. The

defendant Wolfe then stole the copies of the documents and

gave then to Mr. Meisner. Mr. Meisner summarized them in a

memorandum dated March 22, 1976, entitled "Re: House Ways and

Means Subcommittee Meeting on AMA" and sent it with the

documents to the defendant Hermann (Mike Cooper,) with a copy

to the "CSG", defendant Mary Sue Hubbard. (Government Exhibit

No. 62). The defendant Hermann forwarded the Meisner memo-

randum and appended stolen documents to the World-Wide Guardian's

Office. Mr. Meisner identifies the initials next to "DG US"

in the routing of Government Exhibit No. 62 as having been

written the defendant Heldt. He also recognizes the hand-

writing "(Sent by DC)" next to "CSG" as having been written by

the defendant Hermann.

86/ Government Exhibit No. 68 wan seized by Special

Agent Smith from Room 11 in the Information Bureau at the

Cedars Complex.

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119

1361 agency from a late number of different areas. The

material provides the most extensive set of files on Scientology

which I know of obtained by this means in the US." He pointed

out that the collection of data "included various forms of

"CDC" [covert data collection]." He explained that Mr. Meisner

had "overall responsibility" for the theft and maintenance of

the "steady stream of data out this area and to provide data

needed for prediction on the future actions of this agency."

The IRS was the agency covered by GO 1361 target 10. The

defendant Hermann requested that Mr. Meisner be given an

award in the form of three advanced auditing courses, and

appended a proposed award letter for the signature of L. Ron

Hubbard.87/

K. The Entry into the IRS Identification

Room and the Making of Counterfeit

Identification Cards

In the early part of March 1976, the defendant Mitchell

Hermann directed Mr. Meisner to obtain IRS identification

- -------------

87/ Mr. Meisner identifies the defendant Hermann's

signature on Government Exhibit No. 68. Handwriting expert

James Miller concludes that it is "probable" that the defendant

Hermann signed the "CSW" to Ms. Kember.

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120

cards for himself, which he could use to enter the IRS building,

as well as in other operations pursuant to that directive,

on or about March 15, 1976, the defendant Wolfe and Mr.

Meisner entered the IRS building at 1111 Constitution Avenue,

Northwest, using the defendant Wolfe's IRS identification

card. They proceeded to the IRS identification room which

was located on the first floor of that building, where Mr.

Wolfe had been two weeks earlier in order to obtain a legitimate

identification card for himself. Mr. Meisner and the defendant

Wolfe forced the door open by using a metal sheet device, and

then entered the darkened room using a small flashlight.

Once inside, Mr. Meisner located a booklet giving instrucions

on the use of the photographing equipment. Mr. Wolfe took

blank identification cards and typed in two fictitious names

for himnelf, an well as two fictitious names for Mr. Meisner

The defendant Wolfe typed the name "Thomas Blake" on one of

his identification card blanks and the name "John M. Foster"

on one of Mr. Meisner's identification card blanks. Mr.

Meisner then placed the defendant Wolfe's false identification

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121

card blanks into the photographing Equipment and took photo-

graphs of the defendant Wolfe. Then Wolfe placed the Meisner

cards into the photographing machine and took photographs of

Mr. Meisner. Mr. Meisner obtained the badge number which was

placed on the identification card blanhs from a book which

was maintained by the IRS identification room and which listed

all cards which were issued by them. Mr. Meisner selected

those numbers from numbers which had previously been issued

by the internal Revenue Service. On the "Foster," identifi-

cation card of Mr. Meisner, was typed the date of issue

"3-15-76", (See Government Exhibit No. 61), and on the "Blake"

identification card of the defendant Wolfe "3-17-76" was typed

as the date of issue. 8?1/ Mr. Meisner and the defendant

- -------------------

88/ On the reverse of the identification cards the

following entry appears:

Warning

Issued for identification of holder. Improper

use, possesion, alteration, reproduction or

counterfeiting will make offender liable to

penalties under Sections 499 and 701, Title 18,

U.S. Code.

Property of U.S. Government.

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122

Wolfe then left the IRS buildinr, taking with them the false

and fraudulent IRS cards which they had made. Neither Mr.

Meisner nor the defendant Wolfe had permission or authority

to make those identification cards or be in possession of

them. 89/ Mr. Meisner took the defendant Wolfe's identifi-

cation cards in order to place on them the required clear

plastic covering because he was unable to uer the machine in

the identification room. After doing this, Mr. Meisner

- -----------------------

89/ Between early April and late June 1976, four other

Guardian's Office officials and one Scientology covert agent

entered the IRS identification room and made counterfeit IRS

identification cards for themselves. In April, the defendant

Wolfe and Mr. Meisner took into the main IRS building

Information Bureau investigators Patty Pease and Jay Armstrong

and made for them counterfeit IRS identification error. The

defendant Wolfe, on three other occasions, entered the main IRS

building with the defendant Hermann, and Messrs. Joseph Alesi .1o:;eph

and Michael Baum, where he made similar false IRS credentials

for them. Mr. Meisner saw the counterfeit credentials made

for those five individuals. All the identification cards

were in false names. In mid-May, Mr. Meisner took the defend-

ant Weigand on a tour of the main IRS building in Washington,

D.C. , and showed him the offices which had been burglarized

and from which stolen documents had been taken. They were

unsuccessful, however, in gaining entry into the identification

room and were, therefore, unable to make a false identification

card for the defendant Weigand. Mr. Meisner and the defendant

Weigand entered the building using Mr. Meisner's counterfeit

IRS credentials in the name of "Foster".

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123

returned them to the defendant Wolfe. John Probst, Chief of

the Space and Protective Management Division in March 1976,

states that the identification room was always kept locked

and that at no time were Mr. Meisner or the defendant Wolfe

given permission to either enter that room while locked or

to make any identification cards. 90/

L. Guardian Program Order 302 and

the Theft of Documents Withheld

by the United States Under the FOIA.

On March 2, 1976, the defendant Cindy Raymond wrote a

"CSW" to the defendant Mary Sue Hubbard requesting her approval

for a proposed new Guardian Program Order to be issued pur-

suant to the overall Snow White Program. (Government Exhibit

- ----------------------------

90/ During a confrontation in the United States Court-

house for the District of Columbia, on June 11, 1976, FBI

Special Agent Christine Hansen seized the "John M. Foster"

identification card from Mr. Meisner. Ms. Helen R. Pesta,

Chief of the IRS Digest Unit, states that she holds a lawful

IRS identification card bearing badge number 800-00413, the

number which appears on the counterfeit identification card

in the name of "John M. Foster". Mr. William T. Lyons,

Cincinatti, Ohio, IRS Regional Counsel, states that he holds

a lawful IRS identification card bearing badge number 800-

00487, the number of which appears on the counterfeit identi-

fication card in the name of "Thomas Blake".

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124

No. 66). 91/ The defendant Raymond suggested a Bureau I

program "to obtain non-FOI 92/ data to parallel and back-up

the Snow White Pgm." She explained that Bureau I "over the

past year, has been obtaining data that is not FOI" pursuant

to, among others, GO 1361. This illegally obtained data had

been valuable to understand 'the behind the scenes' activity

or the enemy." The defendant Raymond attached to her letter

the actual proposed Guardian Program Order which she had

entitled "Snow White Subprogram Hunter, Hunter X". (Government

Exhibit No. 65). 93/ Its targets included the obtaining of

all desired files in government agencies by "job penetration"

and other types of infiltration. The "CSW" was proccessed

through, and approved by, all the high officials of the Informa-

- ----------------

91/ Government Exhibit No. 66 was seized by Special

Agent Gilberto Valencia from Room 4 in the Infomation

Bureau at the Cedars Complex.

92/ "Non-FOI", used in this context, refers to documents

obtained by covert means or Scientology internal memoranda

discussing such illegally obtained documents.

93/ Government Exhibit No. 65 was seized by Special .lo. 65 wa.-3 :-,(-,ized by Agent Valencia from Room 4 in the Information Bureau at the Cedars Complex.

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125

tion Bureau, both in the United States and at World-Wide

headquarters in England, who initialed it. In the case of a

"CSW" whenever an official initialed the document it indicated

his approval or the acticns proposed by the "CSW".

Mr. Meisner recognizes the handwriting of the following

persons next to their titles: the derendant Willardson ("GW

2 Mar OK"), the defendant Weigand ("D OK 3/3"), the defendant

Heldt (his initial), and the Deputy Guardian for Information

World-Wide Mo Budlong ("MB 17/3/76"). Handwriting expert

James Miller positively identifies the handwritten notation

"Dear Cindy-Approved-this aligns with what Bur I. has been

doing beautifully. Love, Mary Sue", as having been written

by the defendant Mary Sue Hubbard. Mr. Meisner also identifies

the defendant Hubbard as the writer of both that notation

and the signature "MS Hubbard Mar. 27, 76", and Ms. Kember as

the writer of the signature "JKember" next to the word

"approved" on page two. Mr. Miller also positively identifies

the signature of the defendant Hubbard next to the word

"approved" as being in the defendant Hubbard's handwriting,

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126

and the signature or the defendant Raynmond at the end of

page two as in her handwriting.

On the same day that the defendant Hubbard approved the "CSW" of the defendant Raymond, Guardian Program Order 302 was issued in its final form by Guardian World-Wide Jane Kember.

(Government Exiiibit No. 67). 94/ In its final form GPO 302

directed that all those assigned to execute it

[U]se all possible lines of approach to

obtain the files on Scientology, LRH,

Dianetics (and other Scn names) that

cannot be obtained on FOI lines] ie.

job penetration; janitor penetration;

suitable guises utilizing covers, etc. . . .

(Vital target I and major target).

The order also directed that covert agents ("FSMs"), be

recruited for the project and that nothing be done in such a

- -----------------

94/ Government Exiiibit No. 67 was seized by Special

Agent Raymond Mislock from a file cabinet in the office of

the defendant Raymond at the Cedars Complex.

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127

manner as "to reflect back on the Church." 95/ The defendant

Raymond designated Mr. Mesiner to carry out vital targets I

through 4 as part of his duties in the District of Columbia. /96

M. Entries into the Suite Of Offices

of the Deputy Attorney General of

the United States

In early April 1976, the defendant Cindy Raymnond ordered

Mr. Meisner to obtain internal Department of Justice files

regarding proposed amendments to the FOIA which the Department

- -----------------

95/ Mr. Meisner and Ms. Hirsch state thate GPgmO 302 was

issued in accordance with established Guardian's Office pro-

cedure. The initials "LM" next to the name June Kember are

those of her communicator (secretary). Government Exhibit

No. 67 was seized by Special Agent Raymond A. Mislock from a

file cabinet in the office or the defendant Cindy Raymond in

the Information Bureau at the Cedars Complex.

96/ In a "compliance report" to GPgmO 302, target 5,

dated 31 July 1976, the defendant Raymond sent the defendant

Weigand a list of priorities for the "penetration" of National

Agencies". (Government Exhibit No. 109). She appended to

her "CSW" a list of 136 government agencies which were to be

infiltrated. These included: the Administrative Office of

the U.S. Courts, the CIA, The Executive Office of the U.S.

Attorneys, the FBI, and many other agencies. Also included

were a number of U.S. Embassies and consulates abroad.

Government Exhibit No. 109 was seized by Special Agent Gilberto Valencia from Room 4 in the Information Bureau at the Cedars Complex.

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128

of Justice was about to send to Congress. Meisner learned

through his own research, that such proposals would normally

be made by the Deputy Attorney General of the United States

and his staff. Therefore, in early April 1976, the defendant

Wolfe and Mr. Meisner entered the United States Department

of Justice at 9^th and Pennsylvania Avenue, N.W. , in Washington,

D.C., to locate the documents wanted by the defendant Raymond.

Mr. Meisner used his false IRS identification card in the

name of "John M. Foster" and the defendant Wolfe used his

own IRS identification card. They both then burglarized

the fourth floor suite of offices of Deputy Attorney General

Harold R. Tyler Jr., where by rummaging throuh the files,

they located a series of memoranda which the Department of

Justice was about to send to Congress outlining it's position

on proposed amendments to the FOIA. The two men forced

open the door to these offices by using a metal sheet to

slip the lock latch. The defendant Wolfe and Mr. Meisner

photocopied these documents using Justice Department photo-

copying equipment and supplies, returning the documents to

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129

the files, and stole the copies. Mr. Meisner, sent these

stolen documents with memoranda summarizing them to his

superiors in Los Angeles as well as to the "CSG", defendant

Mary Sue Hubbard. In the process of looking for the FOIA

memoranda within the Deputy Attorney General's suite, Mr.

Meisner and the defendant Wolfe had seen but did not steal

the so-called "DeFeo Report"-an investigation of the Drug

Enforcement Administration conducted by the Department of

Justice.

Coincidentally, a few days after the Justice Department

entry, the defendant Cindy Raymond wrote Mr. Meisner that

she had learned that the Justice Department had conducted an

investigation of the Drug Enforcerent Administration, which

she directed him to get. The defendant Raymond explained

that the Church of Scientology had just lost an FOIA case which

it had initiated against DEA, and that it intended to appeal

the lowcr court's decision. In that context, the Guardian's

Office wanted to obtain the DEA investigation report and

covertly leak the report to the press to create an adverse

- ----------------------------------------------------------

130

campaign against DEA which might aid Scientology in its FOIA

appeal. Therefore, on or about April 9, 1976, the defendant

Wolfe and Mr. Meisner once again entered the Department of

Justice building located at 9^th and Pennsylvania Avenue,

N.W., with Mr. Meisner using his counterfeit IRS identification

card. They forced the door to the suite of offices of the

Deputy Attorney General in the same manner that they had

previously done, and eventually entered the offices of

Associate Deputy Attorney General Togo D. West, Jr. Mr.

Meisner, recalling where he had previously seen the "DeFeo

Report", took it from a file cabinet Mr. West's secretary's

office. The report was in two parts with an additional

file of supporting raw data. The defendant Wolfe and Mr.

Meisner photocopied all three parts using equipment and

supplies of the United States Government located within the

Department of Justice, returned the documents to Mr. West's

office, and stole the copies. Mr. Meisner then summarized

each file in a series of three memoranda, dated 9 April

1976, which he forwarded to "Br I Dir Nat'l", the defendant

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131

Raymond, via "SE US Sec", the defendant Hermann/Cooper with

a copy to the "CSG", defendant Hubbard (Govcernment Exhibits

Nos. 69, 70 and 71). 91/ Following his established practice,

Mr. Meisner, numbered each page of the stolen documents in

the lower right-hand corner of the document.

Mr. Togo D. West, Jr. was employed as Associate Deputy Attorney General of the United States until April 23, 1976.

In that capacity, he received the DeFeo Report in early 1976.

He recalls that there was only one copy of that report and

supporting raw data in the Office of the Deputy Attorney

General. West did not give permission to Mr. Meisner or

the defendant Wolfe to take copies of the DcFeo Report.

Indeed its distribution was severely limited.

Two weeks following the entry into the Department of

Justice's Office of the Deputy Attorncy General, Bruce

Raymond, the National Operations Officer of the Information

Bureau in the United States, directed Mr. Meisner to release

- ----------------

97/ Government Exhibit Nos. 69, 70 and 71 were seized

by Special Agent Michael T. Repucci from Room 14 in the

Inrormation Bureau of the Cedars Complex.

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132

the stolen DeFco Report to the _Village_Voice_ Newspaper in

Now York under the cover of a disaffected Department of

Justice employee. To that end, Mr. Meisner went to New York,

where he telephoned a reporter for the Village Voice. Mr.

Meisner, as ordered, identified himself as a disaffected

Department of Justice employee who was offering the reporter

a confidential report on an investigation of DEA conducted

by the Justice Department. Mr. Meisner mailed to the reporter

half or the DeFeo Report but never completed the operation

because of the Courthouse incident which was to occur on

June 11, 1976. See page 172, _infra_ 98/

- ---------

98/ In a letter dated 28 June 1976, Deputy Guardian for

Information World-Wide Mo Budlong, requested that the defendant

Weigand obtain a copy or the DeFeo Report which he stated

"was classified by Executive Order and is not available on

overt lines." In a response dated 6 July 1976 the defendant

Weigand informed Mr. Budlong that the DeFeo report had indeed

already been stolen by Guardian's Office operatives and that

he was appending excerpted copied of the report. The defendant

Weigand also explained that as part of "Op [Operation] Chaos

Leak" a protion of the report had been leaked to the press

but that the operation had to be dropped because of the current

complications in the United States Courthouse in the District

of Columbia. (Government Exhibit No. 72)

Government Exhibit No. 72 was seized by Special Agent Michael T. Repucci in Room 14 of the Information Bureau at the Ccdars Complex.

(footnote continued on next page.)

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133

Burglaries or the Office of International

Operations of the Internal Revenue

Service ind Theft of Documents Ttict-eft,o.@i

During the second week of April 1976, the defendant

Hermann sent a written order to Mr. Meisner directing him

to obtain all files on L. Ron Hubbard and the defendant Mary

Sue Hubbard from the Office of International Operations of

the IRS. Appended to the defendant Hermann's order was a

report from "CPA US" Martin Greenberg of the Finance Bureau

stating that he had received notice from the IRS that the

incomie tax return of the Hubbards was being audited. Mr. a ti

Greenberg also indicated that Mr. Thomas Crate of OIO was

the tax auditor assigned to the Hubbard case. Inasmuch as

all materials which dealt with L. Ron Hubbard and Mary Sue

- ---------------

(footnote continued from preceding page.)

Mr. Meisner identifies the signature "MB" at the end of

the 28 June 1976 letter as having been written by Mo Budlong.

He also states that the initials "GW" and the handwriting

immediately preceding it were made by the defendant Willardson.

Handwriting expert James Miller concludes that it is "probable"

that the notation "Sec Off Nat GW" is in the handwriting of

the defendant Willardson.

- ----------------------------------------------------------

134

Hubbard personally, received top priority within the Guardian's

office, Mr. Meisner soon located the office of Mr. Crate by

using a recent IRS directory obtained by the defendant Wolfe.

On or about April 14, 1976, at approximentaly 7 00 p.m., the

defendant Wolfe and Mr. Meisner, proffering his false "Foster"

IRS identification card, entered the building housing the

Office of International Operations at 1325 T. Street, N.W., in

Washington, D.C. They proceeded to the tenth floor where,

according to the IRS directory, Mr. Crate's office was located

but were unable to enter it because the door was locked. A

cleaning lady who noticed the defendant Wolfe and Mr. Meisner

acting in a suspicious manner notified the security guard

who confronted Meisner and Wolfe. The security guard was

satisfied by Mr. Meisner's false IRS credentials and the

defendant Wolfe's genuine IRS identification card. The

cleaning lady thereupon opened the door to the office of

Mr. Crate. Since the room contained so man desks, it took

nearly thirty minutes to find Mr. Crate's desk. Once they

did, Mr. Meisner took all documents relating to the Hubbard

- ----------------------------------------------------------

135

audit. Meisner then discovered that Mr. Crate's superior

was Howard Rosen and proceeded to check his desk as well.

Inside one of the drawers he found a key to Rosen's file

cabinets. In them Mr. Meisner found several thick files on

the Hubbards and Scientology. They took all the files;

however, they could not find a photocopying machine within

that building. Mr. Meisner decided to take the files to

the main IRS building in order to photocopy them. Thus, the

defendant Wolfe and Mr. Meisner went into the IRS building.

where Mr. Meisner again used his false IRS identification

card to gain entry. Inside the main IRS building, Mr. Meisner

and the defendant Wolfe photocopied all OIO documents using

United States government property and supplies. They then

returned the documents to OIO, once again, signing the false

name of "John M. Foster." After replacing the files in Mr.

Roscen's file cabinet and Mr. Crate's desk, they stole copies

of the documents for the use of Scientology. The operation

was completed around 11 p.m.

On or about May 15, 1976, the defendant Wolfe and Mr.

Meisner again entered the Rosen-Crate area in order to obtain

- ----------------------------------------------------------

136

all iicii documents regarding the Hubbard's audit. Such docu-

ments were found only in the desk of Thomas Crate, although

Rosen's files were also rechecked. This time Mr. Meisner

and the defendant Wolfe entered the office of Mr. Crate

with the assistance of the cleaning lady who recognized

Mr. Meisner. The two men made a third and final entry at

the end of July, but no more recent documents on the audit

were found.That time as well, the defendant Wolfe and Mr.

Meisner entered the building using Mr. Meisner's counterfeit

IRS identification card, and regained entry to the office

with the assistance of a cleaning lady. On neither occassion,

did Mr. Meisner or the defendant Wolfe have permission to

enter the OIO building or the office of Messrs. Crate or,

Rosen, take documents from their files out of the building,

photocopy the files using United States Government property

and permanently deprive the IRS and OIO of the copies of the

documents. Following each of the first two entries, Mr.

Meisner summarized the stolen documents in memoranda addressed

to the defendant Mitchell Hermann/Mike Cooper, with a copy of

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137

the memorandum and stolen documents sent to the "CSG",

defendant Mary Sue Hubbard. The documents obtained during

the first entry were summarized in four memoranda - one of one or

which was dated 15 April 1976 (Government Exhibit No. 73),

and three dated 19 April 1976 (Government Exhibits Nos.

74-76). 99/ Government Exhibit No. 73 was entitled "'Re:

OIO LRH File-Current Data". Government Exhibit No. 74 covered

"OIO File On LRH-January, 1974 - April, 1974" Government

Exhibit No. 75 covered the period April 1974 to March 1976.

Government Exiiibit No. 76 dealt with those documnets prior

to December, 1973. The documents obtained during the second

entry were summarized in a 17 May 1976 memorandum by Mr.

Meisner entitled "Re: Update On IRS OIO Activity On

LRH/MSH". 100/ (Government Exhibit No.77.) 101/

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99/ Government Exhibit Nos. 73-76 were seized by

Special Agent James R. Kramarsic from the office of the

defendant Heldt at the Fifield Manor.

100/ Mr. Meisner recognzes the handwriting of the

following defendants on Government Exhibits Nos. 73 to 76:

the initials of the defendant Heldt and Willardson on Govern-

ment Exhibit No. 73) the initials of the defendant Heldt on

Government Exhibit Nos. 74-76.

101/ Government Exhibit No. 77 was also seized by

Special Agent Kramarsic from the defendant Heldt's office.

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138

In April and May 1976, Mr. Howard Rosen was a group

manager at the Office of International Operations of the IRS.

He had under his care, custody and control all the files

relating to the audit of L. Ron Hubbard and the defendant

Mary Sue Hubbard. Mr. Rosen himself supervised the Hubbard's

audit from July 1973 to October 1973 when the case was

assigned to Mr. Jeffrey Tobin also of that office. In January

1976, Mr. Rosen returned to OIO and the case was reassigned

to him. The Hubbard audit case for the years 1971 and 1972

was not closed until June 1976 when Mr. Hubbard paid an

adjustment tax. The individual within Mr. Rosen's group who

worked on the audit was Thomas R. Crate. In April and May

1976, Mr. Rosen kept all his files in a file cabinet located

near his desk. The file cabinet was kept locked at all

times, and he had the only key to those cabinets. He kept

that key in his desk drawer. Mr. Rosen reviewed the Meisner

memoranda marked Government Exhibits Nos. 73-77, and concludes that all documents summarized therein were then, and still are in his care, custody and control.

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139

O. Burglaries and Thefts of Documents

From the Department of Justice in

Washington, D.C.

1. Office of Paul Figley

The defendant Sharon Thomas began her employment at the

Department of Justice in Washington, D.C., on February 29, 1976.

She was assigned as a secretary to two trial attorneys in the

Information and Privacy Unit or the Civil Division. Soon after

her employment, she stole documents from that Unit which were

the basis for a number of pending Scientology-initiated FOIA

lawsuits. She took all those documents after working hours

or on weekends. The defendant Thomas met on a weekly basis,

on either a Monday or a Tuesday, with Mr. Meisner at one

of several locations in nearby Arlington, Virginia. The

locations included the Lum's and Three Chefs Restaurants as

well as at her own apartment. Mr. Meisner instructed her to

obtain all files on Scientology from the office of Department

of Justice attorney Paul Figley who was supervising the

Freedom of Information Act cases within the Department. After

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140

collecting all the documents within Mr. Figley's office,

she was to monitor his office and take any new documents

placed in his files. The defendant Thomas was also directed

to be attentive to Mr. Figley in the hopes that she might

become his secretary and have immediate access to all his

files. 102/ She was also instructed to overhear all the

phone and office conversations and make notes of any matter

relevant to Scientology.

On or about April 26, 1976, the defendant Thomas entered,

without permission, the office of Mr. Figley and took from his

files numerous documents which were the source of a pending

FOIA lawsuit brought by Scientology against the Energy

Research and Development Administration (ERDA), which had

been assigned to Mr. Figley. She then photocopied the docu-

ments on a photocopying machine within the Justice Department

main building using United States Government supplies and

equipment after replacing the documnets in Mr. Figley's

office, she stole the photocopies and gave them to Mr. Meisner

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102/ Indeed, in June 1976, the defendant Thomas succeeded

in becoming the secretary of Mr. Paul Figley.

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141

at their next regularly scheduled meeting. On 26 April 1976,

Mr. Meisner sent a memorandum to the defendant Hermann/Cooper

which summarized the documents, and to which were appended

the stolen documents themselves. He also sent a copy to the

"CSG". defendant, Mary Sue Hubbard (Government Exhibit No.

78) 103/ One of the documents which Mr. Meisner appended

to his memorandum to the defendant Hermann was an April 6,

1976, letter from ERDA Assistant General Counsel for Litigation

and Legislation Guy H. Cunningham, III, to Paul Figley

regarding the United States' position in the pending Scientology

initiated FOIA civil action. (Government Exhibit No. 79). 104/

That document is summarized in Meisner's memorandum (Government

Exhibit No. 78, page 1, paragraphs 1-4). At the lower right-

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103/ Government Exhibit No. 78 was seized by Special Agent

Harold Brunson from a file cabinet immediately ouside the

main office of the defendant Raymond at the Cedars Complex.

It was inventoried and initialed by Special Agent Michael

Ray Napier.

104/ Government Exhibit No. 79 was seized by Special

Agent Brunson from a file cabinet outside the main office of

the defendant Raymond at the Cedars Complex. It wsa inventor-

ied and initialed by Special Agent Napier.

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142

hand corner of Government Exhibit No. 79 are the Meisner

handwritten numerals "1" and "2" ,411icli he placed thereon

upon receipt of the documents from Ms. Thomas. All underlinings

and numerals placed in the left-hand margin of the documents were made by Mr. Meisner.

2. Interpol Liaison Office at

the Department of Justice

The defendants Raymond and Hermann along with Tom Reitze, the Information Bureau Snow White Program In-Charge, repeatedly reminded Mr. Meisner of the high priority of the orders re-garding the collection of data and documents from Interpol.

Nine nonths earlier, Guardian World-Wide Jane Kember had issued Guardian Program Order 9 (GPgmO 9) which specifically addressed itself to Interpol. GpgmO 99, entitled "Snow White Confidential" ordered that the Guardian's Office must:

Through infiltrators or clandestined agents

obtain all details of any reports of requests for

data on LRH, Scientology, OTC [Operations and

Transport Company], 105/ Apollo, etc. from US

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105/ "OTC" or Operations and Transport Company was

a Panamanian Corporation set up by L. Ron Hubbard which

owned the ship Apollo on which L. Ron Hubbard lived and

which was used as the flagship of the Sea organization of

Scientology.

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143

police and/or US NCB [National Central Bureau

of Interpol) to IP [Interpol] International or

any other NCB or from IP International or any

other NCB to US Police and/or US NCB.

(Target 10).

GPgmO 9, which was issued on June 27, 1975, (Government

Exhibit No. 63) was written by Deputy Guardian for Information

World-Wide Mo Budlong. Government Exhibit No. 63 shows that

target 10 which had been assigned to Branch I Director,

the defendant Willardson, and "SW I/C" (Snow White in Charge)

Reitze was completed on 3 June 1976 with the burglaries of

Assistant United States Attorney Nathan Dodell's office. 106/

Nancy Douglass, Scientology's covert operatLive at the

Drug Enforcement Administration, informed Mr. Mesiner that

an Interpol Liaison Office had been newly created at the

Department of Justice. That Office was to be the first step

in the eventual transfer or the Interpol National Central

Bureau for the United States from the Department of the

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106/ Mr. Meisner and Ms. Hirsch state that GPgmO 9 was

issued in accordance with established Guardian Office procedure

for the issuance of Guardian Program Orders. Ms. Hirsch

states that the initials "LR" to the left of the name Jane

Kember are those of Ms. Kember's communicator (secretary)

Lexie Ramirez.

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144

Treasury to the Department of Justice. Ms. Douglass had

attempted unsuccessfully to obtain employment at the Interpol

Liaison Office. Thus, it became neccessary for Mr. Meisner to

obtain the documents from that office through other means.

Beginning in April 1976, and continuing until late May 1976,

Mr. Meisner and other Scientology operatives made a number of

entries into the Interpol Liaison Office to obtain the

documents regarding Scientology. The first entry was made

in early April by the defendant Wolfe and Mr. Meisner. They

entered the main Justice Department Buillding located at 9^th

and Pennsylvania Avenue, Northwest, in Washington, D.C., shortly

before 5:30 p.m., using Mr. Meisner's false IRS identification

card. They waited until all personnel had left the Interpol

Liaison Office on the sixth floor, then entered, without

permission, that office. They found a number of locked

file cabinets, as well as two locked safes. Then, thirty minutes

later, after having searched in vain throughout the entire

suite of offices for keys to the file cabinets,

the defendant Wolfe and Mr. Meisner left the building. One

week later, they made a second entry into the Justice Depart-

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145

ment, once again using the Meisner fake identification to

gain entry. Mr. Meisner brought a variety of lock-picking

tools to open the file cabinets within the Interpol Liaison

office. Once again he was unsuccessful and they left the

building. On a third occasion, in mid-April, the defendant

Sharon Thomas entered the Justice Department Building with

Mr. Meisner; this time they looked through the office for a

combination to the safes and eventually found it in a file

card box on a secretary's desk. After opening one of the

two safes, they found the keys to the file cabinets and

gained access to the documents. They took some three to

four inches of documents out of the sixth floor Interpol

offices to the fourth floor photocopying machine where they

made copies or all the documents with United States Government

equipment and supplies. Some two hours later, the defendant

Thomas and Mr. Meisner left that building with stolen

copies of the documents.

Mr. Meisner made one more entry into the Interpol Liaison

Office with the defendant Sharon Thomas and Scientology covert

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146

operative Michael Baun, through the use of Mr. Meisner's

counterfeit IRS identification card. Because the Guardian's

office officials wanted _all_ Interpol documents whether re-

lated to Scientology or not, Mr. Meisner, not only took some

documents on this occasion but also directed the defendant

Thomas and Mr. Baum to make weekly entries into that office

where they were to methodically examine each file cabinet for

any Interpol documents. The documents taken on this occasion

were photocopied using the fourth floor Justice Department

photocopying equipment as well as United States Government

supplies. The documents were returned to their original loca-

tion and the copies wore stolen. Mr. Meisner then summarized

the stolen documents in two separate memoranda dated 28 April

1976 which he sent to the defendant Raymond, who, as Branch I

Director National, had supervision over Interpol matters.

(Government Exhibit No. 80). 107/ The memoranda with attached

stolen documents were forwarded via Southeast U.S. Secretary,

the defendant Hermann/Cooper. The stolen documents related to

- ---------------

107/ Government Exhibit No. 80 was seized by Special Agent

Glade B. Johnson from a file cabinet within the Information

Bureau at Cedars Complex.

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147

to a symposium for the heads of police colleges which Interpol

was to hold in September 1976, Interpol's history, and

terrorism. Upon receipt of the Meisner memoranda, the

defendant Raymond forwarded them and the documents to World-

Wide. 108/

Over the next month the defendant Thomas and Mr. Baum

burglarized the Interpol Liaison Office at the Justice Depart-

ment on at least three occasions. Those raids netted some

three feet of copies of Interpol documents. On each ocassion

they used the photocopying equipment and supplies located on

the fourth floor of the Department of Justice main building and

stole the copies. The documents were given to Mr. Meisner

who in each instance excerpted the documents in memoranda

identical to Government Exhibit No. 80. (See Government Exhi

- --------------

108/ Mr. Meisner identifies the initials next to the

routing portion of the document as those of the defendant

Raymond.

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148

Nos. 85 and 86.) 109/ Government Exhibit No. 81 is a

3 May 1976 Meisner memorandum summarizing stolen Justice

Department correspondence on Interpol for the period October

1957 to May 1969. Appended to that memorandum, among others,

were Government Exhibits Nos. 82-84, which have Mr. Meisner's

handwritten numerals in their lower-right hand corner as

well as other Meisner underlinings and notations. 110/

- -----------------------

109/ Government Exhibits Nos. 81 and 85 were seized

by Special Agent Glade R. Johnson from a file cabinet located

within the Information Bureau at the Cedars Complex. Govern-

ment Exhibit No. 56 was seized by Special Agent Michael T.

Repucci from room 14 also within the Information Bureau at

the Cedars Complex.

l10/ Government Exhibit No. 82 is summarized in Government

Exhibit No. 81 at p. one, paragraphs two to six. Government

Exhibits Nos. 83 and 84 are identical stolen letters from the

Assistant Secretary of the Treasury David Kendall to Deputy

Attorney General William P. Roger. They are excerpted in

Government Exhibit No. 81 at page one, paragraph seven. After

they were received by the Guardian's office in Los Angeles,

those letters were cross-filed into two seperate individual's

folders. Government Exhibit No. 83 was placed in a folder

on Deputy Attorney General William P. Rogers and Government

Exhibit No. 84 was placed in a folder on David Kendall.

(See left-hand margin of the exhibits.) All three exhibits

were seized by Special Agent William G. Ryan, Jr., from Room

13 of the Information Bureau at the Cedars Complex. Mr.

Meisner identifies the initials of Cindy Raymond next to

her title on the upper left-hand portion of his 3 May 1976

memorandum.

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149

Government Exhibit No. 85 contains two 17 May 1976 memoranda

and one 12 May 1976 memorandum by Mr. Meisner to the

defendant Raymond summarizing other Justice Department Interpol

documents. Similarly, Government Exhibit No. 86 is a 28 May

1976 Meisner memorandum to the defendant Raymond summarizing

nine pages or appended Interpol Liaison Office documents

regarding a General Accounting Office (GAO) audit. Each of

those memoranda were forwarded by the defendant Raymond to

World-Wide. 111/ Neither the defendant Thomas nor Mr. Meisner

had permission to enter the Interpol Liaison Office, take

the documents out of that office, or steal the photocopies for

the use of Scientology.

- ----------------

111/ Mr. Meisner identifies the initials and/or hand-

writing of the defendant Raymond on each of his memorandum

in the routing section next to the title. Mr. Meisner also

recognizes Ms. Raymond's handwritten notation on the first

page of Government Exhibit No. 86 next to the Snow White

"highest priority" stamp. Each of the defendants appended to

Government Exhibit No. 86 have Mr. Meisner's excerpts of,

underlinings, and numerals.

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150

3. Offices of Special Assistant to

Assistant Attorney General for

Administration John F. Shaw

During the year 1975, a Senate Commitee had conducted

hearings concerning Interpol. In 1976, the Guardian's office

of the Church of Scientology was strongly advocating the re-

opening of such hearings to dispute the United States' con-

tinued participation in that organization. In this regard,

Hugh Wilhere, an official of the Public Relations Bureau

of the District of Columbia's Guardian's Office, informed

Mr. Meisner that he had met with Special Assistant to Assistant

Attorney General for Administration, John F. Shaw, whom he had

learned was supervising the transfer of Interpol from the

Treasury Department to the Department of Justice. Based on

this information, and pursuant to the order contained in

"Gpgmo 9", Mr. Meisner began monitoring Mr. Shaw's office

for Interpol related documents. On three occassions, on or

about April 29, May 8 and May 17, 1976, the defendant Sharon

Thomas and Mr. Meisner entered the Department of Justice

Building after 5:30 p.m using the defendant Thomas' Department

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151

of Justice identification card, in order to steal copies of

documents from Mr. Shaw's office. On each occasion, the

defendant Thomas met Mr. Meisner outside the Justice Depart-

ment building.

On or about, April 29, 1976, following thier entry into

the main Department of Justice building, located at 9^th and

Pennsylvania Avenue, N.W., in Washington, D.C., they proceeded

to the first floor office of Mr. Shaw. Mr. Meisner forced

open the locked door to the Shaw suite of offices by inserting

a plastic sheet the size of a credit card to slip the latch.

Once inside the suite, they went through a secretary's office

which led into Mr. Shaw's personal office. On his desk

was a five to six inch high stack of documents, all related to

Interpol. Mr. Meisner placed these documents in his briefcase

and, together with the defendant Thomas, went to the fourth

floor where they both photocopied the documents using

Department of Justice photocopying equipment and supplies

located nearby. Thereafter, they returned the documents to

Mr. Shaw's desk. The copies of the documents were then taken,

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152

without permission, in Mr. Meisner's briefcase to the

Guardian's Office of the Church of Scientology at 2125 S

Street N.W., Washington, D.C. Mr. Meisner excerpted one

hundred and twenty four pages of some eight hundred pages

of stolen documents in a memorandum to the defendant Raymond,

dated 30 April 1976, entitled "Re: Current Feud Between

Justice and Treasury - Justice Takeover of Interpol NCB"

(Government Exhibit No. 87). The documents, which Mr. Meisner

appended to his memorandum, each contain both his handwritten

numerals in their lower right-hand corner as well as his

underlining and notations in the left-hand margin. (Govern-

ment Exhibits Nos. 88-92). 112/ Upon receipt of that

memorandum, the defendant Raymond forwarded it, and the documents

appended thereto to World-Wide stating that "the data is

really fascinating."113/

- -------------

112/ Government Exhibits No. 87 was seized by Special Agent

Blade R. Johnson from a file cainet in the Information Bureau

at the Cedars Complex. Government Exhibits Nos. 88-92 were

seized by Special Agent William A. Cohendet froom Room 14 in

the Information Bureau at the Cedars Complex. Mr. Meisner

identifies the initials and date "4 May 76" in the routing of

his memorandum as those of the defendant Raymond.

113/ The defendant Raymond's 4 May 1976 memorandum to

World-Wide is entitled "IP Data Non-SCN non-FOI Confidential"

(footnote continued on next page.)

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153

On or about May 17, 1976, 114/ the defendant Sharon

Thomas and Mr. Meisner entered for the third time, after

working hours, the Department or justice, this time by

displaying the identification card of Ms. Thomas. They

proceeded to the first floor offices of Mr. Shaw which they

entered by again forcing open the door using a credit card

like device. They there took from Mr. Shaw's office current

- --------------------

(footnote continued fron preceding page.)

and is routed via the defendants Heldt, Weigand, and Willardson

and Mr. Budlong. Mr. Meisner identifies the signature on

that memorandum as having been written by the defendant

Raymond.

114/ The defendant Thomas and Mr. Meisner also burglarized

the suite of offices of Mr. John F. Shaw on or about May 8,

1976. Mr. Shaw's door was once again forced open, and recent

Interpol documents were taken, photocopied using United States

property, and the copies stolen. Mr. Meisner excerpted

these documents in a memorandum dated 8 May 1976, addressed

to the defendant Raymond via the defendant Hermann/Cooper.

See Governnent Exhibit No. 93. Mr. Meisner identifies his own

handwriting ("WW copy") - In the upper left-hand corner of the

first page. One of the stolen documents excerpted on page

one, paragraph three of the memorandum was a letter from

Treasury Department Acting Secretary Stephen S. Gardner to

Speaker of the house Carl Albert transmitting a preposed

draft bill relating to Interpol. (Government Exhibit No.

94.) Government Exhibit Nos. 93 and 94 were seized by

Special Agent Martin A. Gonzeles from a file cabinet in the

defandant Raymond's office at the Cedars Complex.

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154

data which Mr. Shaw had received regarding Interpol in general

and, in particular, a an audit which was then being conducted

by the General Accounting Office. All of these documents

had been classified for "Limited Official Use". The defendant

Thomas and Mr. Meisner photocopied these documents in the

same manner as they had on April 28, and May 8, 1976. Just

as on the prior two dates, they removed from the building the

stolen copies. Mr. Meisner then summarized the documnets

in a 17 May 1976 memorandum to the defendant Raymond which

was sent via the defendant Hermann/Cooper. The appended

stolen documents bear Mr. Meisner's hadnwritten numerals in

the lower right-hand corner. 115/

In April and May 1976, Mr. John F. Shaw was, in fact, the

Special Assistant to Assistant Attorney General for Administra-

tion Glenn Pommerening, Jr. Mr. Shaw's offices were located

In Room 1103 on the first floor of the main Department of

- ---------------------

115/ "Pages 1a and 2a" were retyped by Mr. Meinser

himself as pages "1" and "2" were not sufficiently

legible. (Government Exhibit No. 95). Government Exhibit

No. 95 was seized by Special Agent Repucci from a file cabinet

in the defendant Raymond's office in the Cedars Complex.

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155

Justice building at 9^th Street and Constitution Avenue,

Northwest, In Washington, D.C. In that capacity he was the

main coordinator of the Justice Department's internal review

concerning the transfer of Interpol from the Department of

the Treasury to the Department of Justice. He maintained

all his files on Interpol on shelves in an unlocked closet

behind his desk. He has reviewed the Meisner memoranda

referred to herein and the documents appended thereto and,

states that they were in his office on the dates of the

memoranda. Indeed, they still are in his files. Many of

these documents contain his handwritten notations while

others are specifically addressed to him. He did not at any

time give permission to the defendant Thomas or Mr. Meisner

to enter his offices, take these documents, photocopy them,

or take the copies for the use of Scientology.

P. Burglaries and Thefts of Documents

from Assistant United States Attorney

Nathan Dodell's oOffice, Located in

the United States Courthouse for the

District of Columbia

On April 14, 1976, during a Scientology FOIA case

chambers hearing, United States District Judge George L.

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156

Hart, Jr. queried Assistant United States Attorney Nathan

Dodell on the record and in the presence of Walter G. Birkel,

Jr., Esquire, counsel representing the Church of Scientology,

whether the United States had considered taking a deposition

of L. Ron Hubbard. Mr. Dodell responded that it was an

"interesting thought". which he would discuss with the Depart-

ment of Justice. 116/ (Government Exhibit 96 at P. 3). 117/

- --------------------

116/ See Founding Church of Scientology v. Paschall, et al., Civil No. 75-1397 (April 14, 1976 Tr. at 2, 4). The official court transcript reveals the following colloquy:

THE COURT: Have you all considered taking Hubbard's deposition?

MR. DODELL: It is an interesting thought, Judge Hart . . . .

THE COURT: Why don't you take his deposition?

MR. DODELL: Well, let me say, I consult

with people at the Justice Department handling

these cases because there are so many, we

obviously coordinate and I will certainly relay

that suggestion to them with the fact that you

have reiterated here. Tr. at 2, 4.

117/ Government Exhibit No. 96 was seized by Special

Agent, Jack C. Thorpe from Room 4 in the Information Bureau

at the Cedars Complex.

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157

On April 20, Paul Klopper, the Branch II Director for the Legal

Bureau in the United States, notified by memorandum the

defendant Richard Weigand about this colloquy in Judge Hart's

courtroom and suggested an investigation be initiated. In

a letter dated 27 April 1976, and entitled "Re: LRH Safety",

the defendant Weigand wrote the defendant Hermann/Cooper

appending to the letter the Klopper memorandum. In his

letter, the defendant Weigand ordered that the following

actions be "done on a very high priority and as fast as

possible:"

A. A complete ODC [Overt Data Collectiom]

and CDC [Covert Data Collection] on

Judge Hart. (this can fall under the

targets of GPgmO 301 but must be done

very fast)

B. Get a line in the JUDY area 118/

for immediate feedback of any proposed

intention to deposition LRH. Telex all

data found. You should also check out

the flow line on which this type of

deposition would travel and keep a daily

monitor of the line.

- ------------------

118/ "JUDY area" was a code name for the covert operation

which was being carried out by Scientology agents within the

United States Department of Justice,

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158

C. Get some type of line into Dodell

(similar to the successful suitable

guise line you had when you were in

DC) and keep tabs on what his

intentions are in the area of depo-

sition of LRH.

D. Also see if we can do some type of

JUDY action 119/ in Dodell's area to

get data predicting any action to

deposition.

The defendant Weigand instructed that in conducting the

investigation on Judge liii-t, the defendant Hermann/Cooper

should "Be sure to look for any data legal could use to get

him removed from the cases". On the same day, the defendant

Weigand informad the defendant Raymond of the directive he

had issued to the defendant Hermann/Cooper (Government

Exhibit No. 96 at p. 4).

In late April, the defendant Hermann/Cooper directed

Meisner, in writing, to execute the order contained in the

letter of the defendant Weigand of 27 April 1976. Appended

- -------------------

119/ "JUDY action" was a referance within the Informa-

tion Burau to the burglaries and thefts of documents which

had taken place at the Department of Justice. It was also

later used as a euphemism for burglaries in general.

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159

to the defendant Hermann/Cooper's directive were the Weigand

and Klopper letters in Government Exhibit No. 96. 120/ Mr.

Meisner immediately notified the defendant Thomas to be alert

to any possible decision to subpoena L. Ron Hubbard. Mr.

Meisner then directed his own attention to Assistant United

States Attorney Nathan Dodell.

On or about May 7, 1976, the defendant Gerald Bennett

Wolfe and Mr. Meisner entered the United States Courthouse

for the District or Columbia located at 3^rd Street and John

Marshall Place, N.W., in Washington, D.C., around 4:00 P.M.

and went to the 3^rd floor which housed the United States

Attorney's Office. Their purpose was to reconnoiter the

area and locate the offices of Mr. Dodell. They proceeded

directly to the third floor District of Columbia Bar Asso-

ciation Library, and from there went to the area housing

- --------------

120/ Handwriting ecpert James Miller concludes that it

is "probable" that the signatures "Dick" on pages two and four

of Government Exhibit No. 96 were written by the defendant

Weigand. Moreover, Mr. Meisner regognizes the signature as

being in the handwriting of the defendant Weigand.

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160

Civil Division of the United States Attorney's Office.

Eventually, they located Mr. Dodell's office in the back

part of the Civil Division area, off of a hallway near a

key-operated elevator and the rear door of the D.C. Bar

Association Library. They then searched for a photocopying

machine, and found one coin operated machine in that library,

and two other larger machines within the United States

Attorney's Office next to the Fraud Division. At 5:30 p.m.,

they returned to Mr. Dodell's office and found the door

locked. After trying unsuccessfully to force the open the door

with a metal sheet, they left the building.

Mr. Meisner instructed the defendant Wolfe to return to the Courthouse in the daytime and inspect the latch on Mr.

Dodell's door to determine how to gain access. A few days

later, the defendant Wolfe telephoned Mr. Meisner at his

office at the Church of Scientology at 2125 S Street, N.W.,

Washington, D.C. and told him that he was calling from Mr.

Dodell's office. The defendant Wolfe informed Mr. Meisner

that Mr. Dodell's secretary had apparently left her keys on

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161

her desk. Mr. Meisner directed the defendant Wolfe to take the

keys and meet him on John Marshall Place, N.W. Half an hour

later, the defendant Wolfe and Mr. Meisner located a locksmith

at Seventeenth Street and Columbia Road, N.W., where they

obtained duplicates of some of the keys. They then both returned

to the United States Courthouse, and Mr. Meisner

dropped the keys in the hallway adjacent to Mr. Dodell's

office. Both men then left the Courthouse.

On May 21, 1976, at approximately 6:30 to 7:00 p.m., the

defendant Wolfe and Mr. Meisner entered the Courthouse

building at 1111 Constitution Avenue, N.W. They drove from

there to the United States Courthouse. Mr. Meisner entered

the building using his IRS credentials and signed in

using the name "John M. Foster". They informed the General

Services Administration (GSA) security guard that they were

going to the District of Columbia Bar Association Library

to do legal research. The guard called the Bar library and

inquired whether they would be permitted to enter. Having

been informed that they could use the library, the security

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162

Guard issued Mr. Meisner an elevator key. The defendant

Wolfe and Mr. Meisner then proceeded to the Bar library on

the third floor, where the defendant Wolfe and Mr. Meisner

signed the library log using the names "J. Wolfe" and "John

Foster", respectively. (See Government Exhibit No. 97.)

They walked to the back of the library where they removed

some legal books from the shelves, placed them on a table

and pretended that they were doing research. A few

minutes thereafter, the defendant Wolfe and Mr. Meisner

passed through the back door of of the library onto the hallway

off of which Mr. Dodell's office was located. Using the

duplicate keys, they forced open the door to Mr. Dodell's

office and entered the office without permission. The defend-

ant Wolfe and Mr. Meisner examined Mr. Dodell's unlit office

by flashlight and found a current file on Scientology. Mr.

Meisner took that file as well as a number of other files

from one of Dodell's file cabinets. They walked through

the third floor hallways to the Offices of the United States

Attorney for the District of Columbia and the two photocopy

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163

machines which they had located on May 7. They there photo-

copied approximately six inches of documents on Scientology

and Interpol using United States Government supplies and

equipment. They returned the documents to Mr. Dodell's files

and the copies were placed in Mr. Meisner's briefcase. The

defendant Wolfe and Mr. Meisner left the Courthouse at

approximately 11:00 p.m., and returned to the parking lot at

the main IRS building on Constitution Avenue, N.W. Mr.

Meisner then returned to his office at 2125 S Street, N. W.,

and immediately telephoned the defendant Weigand to inform

him that he and the defendant Wolfe had burglarized Dodell's

office and stolen copies of the Interpol documents located

therein. These were the documents which the United States

Guardian's Office had been ordered to obtain by Guardian

World-Wide Jane Kember in November 1973 121/ as well as

the documents targeted both by GPgmO 9, and a subproject

written by the defendant Raymond pursuant to GPgmO 302. The

defendant Weigand congratulated Mr. Meisner on his successful

mission.

- -----------------------

121/ See Government Exhibit No. 2, supra.

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164

Mr. Meisner reviewed the documents which had been stolen

from Mr. Dodell's office and summarized some or them in two memo-

randa dated May 24 and May 27, 1976. (Government Exhibits No. 98

and 100.) 122/ Government Exhibit No. 98 contained two Meisner

memoranda dated 24 May 1976 addressed to the defendant Raymond

via the defendant Hermann/Cooper. They are entitled "US

Interpol NCB Documents on Scientology Withheld in Entirety

Under FOIA" and "US Interpol NCB Documents on Scientology

Partially Withheld Under FOIA". Appended to these memoranda

were at least eighty-six of the approximately one thousand

pages of documents stolen from Mr. Dodell. Each document

summarized therein contained a numeral handwritten by Mr.

Meisner in its lower right-hand corner as well as some other

excerptions and notes. (See, e.g. Government Exhibit No.

- ----------------------

122/ Government Exhibit No. 98 was seized by Special

Agent Kramarsic from a file cabinet in the defendant

office at the Fifield Manor, and Government Exhibit No. 100

was seized by Special Agent Kramarsic from Room 14 in the

Information Bureau at the Cedars Complex.

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165

99.) 123/ Government Exhibit No. 100 contained a May 25,

1976 Meisner memorandum from Mr. Meisner entitled "Nathan

Dodell, Current Information on Scientology's Harrassment of

the Government on Legal Lines" which summarized documents

stolen from Mr. Dodell's office. That memorandum, and a

second one of the same date entitled "Significance of Dodell

Material Enclosed", was sent by Mr. Meisner to the defendant

Hermann/Cooper. Appended to it are copies of numerous documents

stolen from Mr. Dodell. Many or these documents contained the

handwriting of Assistant United States Attorney Nathan Dodell.

124/ On May 27, the defendant Hermann/Cooper forwarded

- --------------------

123/ Government Exhibit No. 99 contains a few of the

documents summarized in Government Exhibit No. 98. Sec,

e.g., Government Exhibit No. 99 marked by Mr. Meisner as page

"24" and compare to Government Exhibit No. 98, Meisner, page 24 May 1976 memo at page three, paragraph two. Government Exhibit No. 99 was seized by Special Agent Ryan from Room No. 13 within the Information bureau at the Cedars Complex.

124/ See, for example, the documents containing Mr.

Meisner's handwritten numerals Nos. 1, 6, 7, 12, 13, etc.

Mr. Dodell has reviewed these documents and states that they

were in his files in May 1976, and indeed still remain in his

files.

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166

the Meisner memorandum and appended stolen documents to

World-Wide with a cover memorandum outlining the content of

the package. A copy or that material was sent to the Deputy

Guardian for the United States, the defendant Heldt, and the

Deputy Guardian for Information in the United States, the

defendant Weigand. 125/

On May 28 1976, the defendant Wolfe and Mr. Meisner met once again outside the main IRS building in Washington, D.C.

at approximately 6:30 p.m., and after parking one of the cars

nearby, proceeded to the United States Courthouse, at Third

Street and John Marshall Place, N.W. In the Courthouse Mr.

Meisner signed in as "John M. Foster," using his false IRS

identification card. The defendant Wolfe signed-in as "T.

Haake" using a D.C. Bar Association library card which he

had borrowed from another IRS employee. United States Court-

house logs maintained by the GSA security guards indicate

that the two men entered the Courthouse at 7:30 p.m. and

remained until 9:55 p.m. The entry logs further show that

- ------------------

125/ Mr. Meisncr identifies the initials "GW" in the

routing on the Hermann/Cooper letter as having been written

by the defendant Willardson.

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167

they were going to the "Library". (Government Exhibit No. 101.)

Once again they borrowed an elevator key and proceeded

to the third floor of the United States Courthouse and entered

the Library of the District of Columbia Bar Association

through the back door without first signing in. A few minutes

later, finding the area clear, they went to Dodell's office

and opened the door with the key which they had previously

duplicated. This time they took approximately one foot of

documents related to Scientology, and more specifically to

the District of Columbia Police Department and the federal

Food and Drug Administration. These docments were photocopied

on the United States Attorney's Office photocopying machines

using Government owned supplies located nearby. As the defend-

ant Wolfe and Mr. Meisner were returning to Mr. Dodell's office

through the library, they were stopped by night librarian

Charles Johnson who inquired as to whether they had signed-

in. When he was told that they had not, he required them to

sign-in (See Government Exhibit No. 102.) Mr. Meisner

signed-in as "J. Foster" and Mr. Wolfe as "W. Haake". They

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168

placed as a reference telephone number, 964-4483. The night

librarian informed them that they were not to return to the

library unless they had specific authorization from the

regular librarian. The defendant Wolfe and Mr. Meisner

immediately left the library, returned the documents to Mr.

Dodell's office and left the Courthouse with copies of the

documents in Mr. Meisner's briefcase. After leaving the

defendant Wolfe at the IRS building, Mr. Meisner returned to

the Guardian's Office.

In two memoranda dated 1 June and 2 June 1076 (Government

Exhibits Nos. 103 and 104, respectively), 126/ Mr. Meisner

summarized the more important of the documents which he and

the defendant Wolfe had stolen from Mr. Dodell's office. Both

memoranda are addressed to the defendant Hermann/Cooper. 127/

Upon receiving the June 2, 1976 memorandum and attached stolen

documents, the defendant Hermann/Cooper forwarded them to

- ---------------

126/ Government Exhibits Nos. 103 and 104 were seized

by Special Agent William Cohendet from Room 14 in the

Information Bureau at the Cedars Complex.

127/ Mr. Meisner identifies on Government Exhibit No.

103 a handwritten notation in the defendant Hermann/Cooper's

handwriting.

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169

World-Wide in a June 6, 1976 letter entitled "Re: DC US

Attorney Nathan Dodell".

Mr. Dodell was, in 1976, and still is an Assistant United

States Attorney for the District of Columbia assigned to the

Civil Division of the United States Attorney's Office. His

personal office was located, in May and June 1976, on the

third floor of the United States Courthouse for the District

of Columbia, immediately behind the Library of the District

of Columbia Bar Association. He has reviewed copies of the

documents appended to the Meisner memoranda refered to

above, and concludes that they were in his files on the

dates on which the memoranda were written. In fact they

remain in his files to this date. Many of the documents

contain, or are written in, his own handwriting. Mr. Dodell

did not give permission to either the defendant Wolfe or

Meisner to enter his offices, take documents which were in

his care, cuntody and control, photocopy them, or steal

copies thereof.

On May 31, 1976, the night librarian, Charles Johnson, and

the GSA Security Guard notified the United States Attorney's

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170

office that two individuals who had identified themselves as

IRS employees and who had in their possession IRS identifica-

tion cards had been seen using the photocopying machines of

the United States Attorney's Office on the previous Friday

evening. Both Mr. Johnson and the guard were instructed to

immediately contact the FBI if those two individuals returned

to the Courthouse.

During that same time Mr. Meisner contacted the chief

D.C. Bar Association librarian, requested, and obtained from

her, a letter permitting him to use the facilities of the

D.C. Bar library. On June 8, 1976, Deputy Guardian for

Information, the defendant Weigand, Deputy Guardian for Legal

Bureau Mary Rezzonico, and Deputy Guardian for Public Relations

Arthur Maren, approved a "Project: Target Dodell" (Goverment

Exhibit No. 105). 128/ Its purpose was to "render Dodell harm-

less" because of his aggressive representation of the United

States of America as counsel in the Scientology FOIA legal

actions. A few days prior to June 11, 1976, the defendant

Hermann/Cooper telephoned Mr. Meisner and directed him to

- -----------------------

128/ Government Exhibit No. 105 was seized by Special

Agent Jack C. Thorpe from Room 4 in the Information Bureau at

the Cedars Complex.

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171

to return to Mr. Dodell's office and steal Dodell's personal

files in order to devise and formulate a covert operation to

remove him as an Assistant United States Attorney for the

District of Columbia. To that end, the defendant Wolfe and

Mr. Meisner met on June 11, 1976, once again, outside the

main IRS building in Washington, D.C., and proceeded to the

United States Courthouse in that same city. They entered the

United States Courthouse at approximately 7:00 p.m., Mr.

Meisner signing-in as "John M. Foster" and the defendant

Wolfe using the name "Thomas Blake", both using their counter-

feit IRS identification cards. They proceeded to the Bar

Association Library where they signed in using the names

indicated above. (Government Exhibit No. 106). Mr. Meisner

also showed the night librarian, Charles Johnson, the written

permission which he had earlier secured fron the head librarian.

The defendant Wolfe and Mr. Meisner them proceeded through the

back of the library to Mr. Dodell's office where they observed

cleaning ladies still working in that office. They returned

to the library and waited there until the cleanup crew had

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172

left Mr. Dodell'S Office. In the meantime, night librarian

Johnson contacted the FBI regarding the presence of the

defendant Wolfe and Mr. Meisner. Shortly thereafter FBI

Special Agents Christine Hansen and Dan Hodges confronted

tho defendant Wolfe and Mr. Meisner at one of the back tables

within the Bar Association Library, and demanded to see their

identification cards. Mr. Meisner presented his IRS identi-

fication card to the FBI agents and informed them that he

had since resigned from the IRS. While FBI Agent Hansen

continued questioning the defendant Wolfe and Mr. Meisner, FBI

Agent Hodges left to contact an Assistant United States

Attorney. Mr. Meisner informed Agent Hansen that he and the

defendant Wolfe had been in the Courthouse to do legal research,

and that they had used the United States Attorney's Office

photocopying machine to photocopy legal books and cases. He

gave her as his home address an address a few doors away

from his actual residence. Neither individual mentioned

either's association with the Church of Scientology, or the

true purpose for which they were in the United States Court-

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173

house. After fifteen minutes of questioning Mr. Meisner

inquired if they were under arrest. When Agent Hansen

responded that they were not, Mr. Meisner told Wolfe that

they were leaving. As they were leaving the library, Agent

Hodges called to the defendant Wolfe and Mr. Meisner but

was told by Mr. Meisner that Agent Hansen had permitted

them to leave. 129/

- --------------------------

129/ On December 18, 1976, the defendant Hermann/Cooper

sent "Project Troy" to the defendants Heldt and Weigand

pursuant to the request of the defendant Weigand. Weigand

had directed Hermann/Cooper to write "a project to get

prediction on future IRS actions." The attached "Project

Troy" called for the placement of a permanent bugging device

in the office or the IRS Chief Counsel. Thus, the Guardian's

Office would be able to monitor all "IRS planned actions as

regards the C of S of C [Church of Scientology of California]

exemption so that Legal can be briefed to take effective

action." (Government Exhibit No. 110 at pp. 2-4.) A "CSW"

from the defendant Weigand to the defendant Heldt dated

December 20, 1976, requests that "Project Troy" be approved

as soon as possible. The defendant Heldt approved the project

by initialling the line entitled "ok". (Government Exhibit

No. 110 at p. 1.). Handwriting Expert James Miller concludes

that it is "probable" that that initial belongs to the defend-

ant Heldt. Mr. Meisner identifies it as the writing of the

defendant Heldt. Other conlusions of Mr. Miller: the hand-

written note "I need to see Dick [Weigand] on this after his

Session" and initial-"positive" in the defendant Heldt's

handwriting; the word "secret" on the upper portion of the

(footnote continued on next page.)

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174

Upon leaving the United States Courthouse, Mr. Meisner

and the defendant Wolfe walked a number of blocks to make

sure that they were not being followed and then took a

taxicab to Martin's Tavern Restaurant on Wisconsin Avenue and

N-Street, N.W. in-Washington, D.C. Mr. Meisner then telephoned

the defendant Hermann/Cooper in Los Angeles, California to

inform him in a circumspect manner that they had been confronted

by the FBI. The defendant Hermann/Cooper told Mr. Meisner

to call him back at a public telephone. A few minutes later

- ------------------------

(footnote continued from preceding page.)

first page-"highly probable" in the defendant Weigand's

handwriting; the signature "Mike" on page two and the ending

"Love Mike" on page four-"probable" by the defendant

Hermann/Cooper. Mr. Meisner identifies those two signtures

and the entry "Phoned into DC 12/21/76" in the upper right-

hand corner of page one as in the handwriting of the defendant

Hermann/Cooper. Government Exhibit No. 110 was seized by

Special Agent William J. Pettit from a file cabinet in the

Information Bureau of the Cedars Complex.

In a letter dated 3 June 1977, the United States Secretary

at World-Wide Hermann Brendel sent the defendant Gregory

Willardson, who had been elevated to the post of Deputy

Guardian for Information U.S., "a list of the vital products

needed from B1 [Information Bureau] US." He states that

these were "taken from CSG [Mary Sue Hubbard] and GWW [Guardian World-Wide Jane Kember] orders". (Government Exhibit No. 112).

Government Exhibit No. 112 was seized on July 8, 1977, by Special Agent Eusebio Benavidez from the pending basket on the defendant Willardson's desk at the Cedars Complex.

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175

Mr. Meisner once again contacted the defendant Hermann, and

this time informed him of the details of his confrontation

with the FBI in the United States Courthouse for the District of

Columbia. The defendant Hermann/Cooper instructed Mr. Meisner

to remain at the restaurant and told him that he would contact

the defendant Weigand and further instruct Mr. Meisner at that

time as to what course of action to follow. He also directed

Meisner to begin writing a report on what had actually

occurred in the United States Courthouse. Mr. Meisner was

to call him back within one hour. Mr. Meisner then contacted

Joseph Alesi, the Branch I Director for the District of

Columbia. Mr. Meisner directed Mr. Alesi to proceed to the

United States Courthouse and pick up the defendant Wolfe's

car which had been left there and bring it to Martin's Tavern

Restaurant. Mr. Meisner, also instructed Mr. Alesi to call

Mrs. Meisner and ask her to pick up his car, which he had

left in the main IRS building parking lot.

One hour later, Mr. Meisner called the defendant Hermann/

Cooper in Los Angeles, California, to receive further

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176

instructions, The defendant Hermann/Cooper informed Mr.

Meisner that he had discussed their FBI confrontation with

the defendant Weigand and that the latter wanted him to come

immediately to Los Angeles, California. Mr. Meisner stated

that he would leave the next morning for Los Angeles. Mr.

Meisner and his wife stayed that night at the Quality Inn

Motel on Courthouse Road and Route 50 in Arlington, Virginia.

(Government Exhibit No. 113).

Mr. Meisner then called Bruce Ullman, the Information

Branch II Director for the District of Columbia, and directed

him to obtain money from the Guardian's Office funds and

bring it to him the next morning, when he was to pick him up

at an Arlington motel and take him to the National Airport

for his trip to Los Angeles.

IV.

The Conspiracy to Obstruct Justice,

to Obstruct an Investigation, to

Harbor a Fugitive and to Make False

Declarations Before the Grand Jury

A. The preperation of the Cover-Up Story

On June 12, 1976 Mr. Meisner was met at the Quality

Inn Motel, in Arlington, Virginia by Mr. Bruce Ullman who

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177

gave him money for a round trip flight to Los Angeles. Mr.

Ullman drove Mr. Meisner to National Airport where Mr. Meisner

took a United Airlines flight to Los Angeles. On the plane,

Mr. Meisner completed his detailed report of the Courthouse

incident as he had been directed to, the night before, by the

defendant Weigand through the defendant Hermann/Cooper. Mr.

Meistier arrived in Los Angeles at approximately noon, and

went directly to the defendant Weigand's office on the seventh

floor of the Fifield Manor. Defendant Weigand reviewed Mr. Meisner's handwritten report and then asked him to type it.

Mr. Meisner typed it at defendant Weigand's desk. (Government

Exhibit No. 114.) 130/ When he had finished, Mr. Meisner

showed the typed report to defendants Weigand and Willardson,

both of whom read it. Defendant Weigand remarked that he

would take it to the defendant Heldt's office on the sixth

floor. He did this and returned approximately fifteen minutes

- --------------

130/ Government Exhibit No. 114 was seized and initialed

by Special. Agent Henry L.Williams from the office of the

defendant Raymond at the Cedars Complex. The document was

inventoried and also initialed by Special Agent Raymond Mislock.

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178

later. The defendants Weigand and Willardson then, together

with Mr. Meisner, analyzed the crisis to determine what

leads the FBI had and how they could contain or stop the

investigation. The three men decided to devise a cover

story for use by the defendant Wolfe if he were arrested.

The plan contemplated further that defendant Wolfe would, if

captured, enter a guilty plea, after which Mr. Meisner would

surrender to the FBI and give the same story to them as Wolfe

had. An alternative plan had both the defendant Wolfe and

Mr. Meisner surrendering immediately and giving the same

cover story. All parties recognized that the highest priority

lay in stopping the FBI investigation before it could connect

the defendant Wolfe and Mr. Meisner to the Church of Scientology

and thereby expose other officials of the Guardian's office

who had been involved in the burglaries, thefts, and buggings,

described in the first conspiracy, _supra_. After a full

afternoon of discussions, the defendants Weigand and Willardson

drove Mr. Meisner to a Holiday Inn located near Hollywood

Boulevard in Los Angeles, California, where Mr. Meisner

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179

registered under a false name. That evening he had dinner

together at the motel prior to leaving Mr. Meisner for the

evening

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131/ On June 11, 1976 the defendant Richard Weigand had

written a lengthy report to Deputy Guardian for Information

World-Wide Mo Budlong, outlining the events which had taken

place In the United States Courthouse in the District of

Columbia. The defendant Weigand also explained the manner in

which the defendant Wolfe and Mr. Meisner could be traced to

the Church of Scientology, as well as the story to be given

to law enforcement investigators. See Government Exhibit No.

116. A copy of that report was sent to the "CS-G", defendant

Mary Sue Hubbard. That report was written in code. It was

seized by Federal Bureau of Investigation Special Agent

Harold R. Brunson from the area immediately outside the

office of the defendant Raymond at the Cedars Complex. It

was inventoried and initiated by Special Agent Michael Ray

Napier. Government Exhibit No. 185 (Code ISIS) was seized

by Special Agent Eusebio Bonavidez from a file cabinet in

the defendant Willardson's office at the Cedars Complex.

Code ISIS had an attached cover letter from Mr. Mo Budlong

to the then Deputy Guardian for Information, the defendant Duke

Snider, in which Mr. Budlong directed that Code ISIS was to be

used only for dispatches between the United States Guardian's

Office and the World-Wide Guardian's Office. Mr. Meisner

identifies the handwriting at the top of that page as that

or the defendant Snider, and the signature and handwriting

the bottom of the page as that of Mr. Budlong. Special

Agent Arthur R. Eberhardt, a cryptanalysis expert with the

Federal Bureau of Investigation in Washington, D.C., has

examined Government Exhibit No. 116 and Code ISIS (Government

Exhibit No. 188). He concludes that the coded text within

Government Exhibit No. 116 used two differant methods of a

substitution code - "digital" and "word or phrase". The

(footnote continued on next page.)

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180

On Sunday, June 13, 1976, the defendant Willardson met

Mr. Meisner at his motel room and drove him to the defendant

Weigand's office, where all three met to finalize the outline

of the plan, which they had discussed the day before, in order

to present it to the defendants Heldt and Snider. Soon there-

after, the defendant Weigand and Mr. Meisner met with the

defendants Heldt and Snider in the defendant Heldt's sixth

floor offices at the Fifield Manor. The defendants Heldt and

- ----------------------

(footnote continued from preceding page.)

"digital" code substitutes digits 10 through 99 for the

various letters of the alphabet. The "word and phrase" code

substitutes a word or phrase for a plaintext word or phrase.

He also finds that Code ISIS (Government Exhibit No. 188) is

the code which was used to encode Government Exhibit No. 116.

Thus, using Code ISIS he decoded that Government Exhibit No.

116 by placing the decoded letters and words above the coded

ones. See Government Exhibit No. 212.

On June 21, 1976 the defendant Weigand sent the same

report to CS-G Assistant for Information Jimmy Mulligan. See

Governnent Exhibit No. 115 which was seized by Special Agent

James R. Kramarsic from a file cabinet located in a closet in

the defendant Heldt's inner office at the Fifield Manor.

Handwriting expert James Miller concludes that it is "probable"

that the defendant Heldt wrote his initials next to his title

in the routing portion of the cover letter, and that it is

"probable" that the defendant Weigand wrote the signature

"Dick" on that letter. Mr. Meisner recognizes both the

initial and the signature as those of the defendants Heldt

and Weigand, respectively.

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181

Snider each indicated that they had already read Mr. Meisner's

report (Government Exhibit No. 114) and were fully conversant

with the matters discussed in it. All present concluded

that the F8I could readily trace already existing leads back

to the Church of Scientology. With this in mind, the defend-

ants Heldt and Snider suggested an alternative plan which

they had formulated on their own earlier that day. That

plan called for the defendant Wolfe and Mr. Meisner to be

withdrawn from the District of Columbia and sent out of the

United States. The defendant Heldt stated that as long as

there were no bodies, the FBI would have nothing to investigate.

The defendant Weigand, however, countered that if no bodies

were found then the FBI would look even more deeply and find

the connection between the defendant Wolfe and Mr. Meisner

and the Church of Scuentology organization. The defendant

Weigand explained that Mr. Meisner had given the FBI an

address close to his real residence where, by cnavas, the

FBI might find someone who could identify him by the photograph

on his counterfeit IRS credentials. It was also pointed out

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182

that the FBI not only had Mr. Meisner's and the defendant

Wolfe's handwriting on the Courthouse and library logs, but

also Mr. Meisner's fingerprints on his false IRS identification

card. Thus, the defendant Weigand suggested that if the

defendant Wolfe allowed himself to be arrested and gave the

proper cover story, then the investigation could be contained.

Then, following the defendant Wolfe's plea of guilty, Mr.

Meisner would surrender, give the same cover story as the

defendant Wolfe, and enter a guilty plea. This, he posited,

would terminate the investigation with little or no connection

to Scientology. The defendant Heldt directed the defendant

Weigand and Mr. Meisner to discuss both plans, and detail

one of them and present it to him for his final approval.

The defendant Weigand and Mr. Meisner returned to the

defendant Weigand's office where the defendant Willardson

joined them to implement the defendant Heldt's orders. During

that meeting, the defendant Hermann/Cooper informed them

that the defendant Wolfe had left the District of Columbia

and was to arrive in Los Angeles later that evening. The

defendant Hermann then joined the meeting for a short period

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183

of time. The three men drafted defendant Weigand's ideas in

proposal format. The defendant Weigand himself actually wrote

out the proposal for the defendant Heldt's approval, typed

it, and took it to the defendant Heldt. Some fifteen minutes

later, the defendant Weigand returned to his office and stated

to the defendant Willardson and Mr. Meisner that the defendant

Heldt had approved that plan. They decided to meet again the

next morning to prepare the cover story with the defendant

Wolfe. The defendant Weigand directed Mr. Meisner to change

his appearance with the assistance of Weigand's secretary,

Janet Finn. The defendant Willardson and Mr. Meisner then had dinner, after which Mr. Meisner was returned to the Holiday Inn motel.

On Monday, June 14, the defendant Weigand's communicator

(secretary), Janet Finn, met Mr. Meisner at approximately

9:00 a.m. at his motel room. She cut his hair, then dyed it

red. Mr. Meisner then shaved his mustache. Establishment

Officer (Esto Off) Peeter Alvet met Mr. Meisner and gave him

approximately $200 to obtain contact lenses. Mr. Meisner

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184

then went to an optometrist on Hollywood Boulevard where he

purchased soft contact lenses. 132/

At approximately 1:00 p.m. the defendants Weigand,

Willardson and Wolfe arrived at the Holiday Inn to create the

cover story to be given by Wolfe to the FBI. The defendant

Weigand informed Mr. Meisner that the defendant Hermann/Cooper

was on a plane on his way to the District of Columbia where

he was to assume temporarily the position of Assistant Guardian

for Information until Richard Kimmel could be brought back

from England where he had been undergoing training at World-

Wide for that position. 133/

During the next hour the following cover story was

prepared: The defendant Wolfe and Mr. Meisner were to have

met in February 1976 in a District of Columbia bar, which

was to be selected later, and struck up a friendship. Mr.

- -----------------

132/ Dr. Gerald Nankin, an optometrist with offices on

Hollywood Boulevard in Los Angeles, California, sold a pair

of contact lenses to Mr. Meisner on June 14, 1976.

133/ Mr. Kimmel had been selected to replace Mr. Meisner,

who during his meetings in Los Angeles in February 1976, had

been slated to become National Secretary for the United States.

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185

Meisner was to have introduced himself as "John Foster". Mr.

Mr. Meisner was to have told the defendant Wolfe that he was

a law student attending Georgetown University School of Law.

The defendant Wolfe was to have informed Mr. Meisner that he

worked at the IRS. The two individuals were to have met on a

number of occasions. Then in mid-March 1976, after having

drunk heavily at a few different bars, Mr. Meisner was to have

mentioned that he had never been to the IRS, and Wolfe was to

have offered to take him on a tour of that building. The

defendant Wolfe was to have taken Mr. Meisner to the IRS,

signed him in, and taken him on a tour of the first floor.

Inadvertently, according to the story, they stumbled upon

the identification room which had an open door. They went

in and as a lark decided to make identification cards for

themselves. The defendant Wolfe was to have made Mr. Meisner

an identification card and typed in the name "John Foster"

upon it. Mr. Meisner was then to have made an identification

card for the defendant Wolfe who had decided to use the name

"Thomas Blake". On a subsequent occasion, the defendant Wolfe

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186.

and Mr. Meisner were to have met at a bar and after a few

drinks the defendant Wolfe asked Mr. Meisner to teach him

how to do legal research so that he might be able to obtain a

better job. Mr. Meisner agreed to do so if Wolfe would, as a

return favor, look up some information for him at the IRS for

a paper which Mr. Meisner was writing on section 501 �(6)

of the IRS Code (the section dealing with exempt organizations).

They decided that the District of Columbia Bar Association

Library in the United States Courthouse in the District of

Columbia was the most convenient for them. Thus, on May 21,

28 and June 11, they went to the Courthouse to use the D.C.

Bar Association Library where Mr. Meisner taught the defendant

Wolfe legal research. While there, they were directed by the

cleaning personnel to the photocopying machines within the

United States Attorney's Office. Specifically, they used

those machines to photocopy cases in law books and their own

notes from those books. However, they had no idea that they

were within the United States Attorney's Office. After the

confrontation with the FBI agents, the defendant Wolfe and

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187

Mr. Meisner were so upset that they forgot to set up a

further meeting. Since the defendant Wolfe did not know

where Mr. Meisner lived, he could not contact Mr. Meisner

again, and therefore, could not give the FBI his location.

After the defendants Weigand, Willardson, Wolfe and Mr.

Meisner had outlined the cover story, the defendant Weigand

instructed them to write out "mission orders" for the defend-

ant Hermann in the District of Columbia, write out the cover

story, and drill the defendant Wolfe on it. The defendant

Weigand then left the Holiday Inn Motel.

The defendant Wolfe called his office at the IRS in

Washington, D.C., to determine through a friend whether anyone,

such as the FBI, had made any inquiries regarding him. In

the process, he requested his friend to notify his supervisor

that he would not be at work the next day. 134/ After that

phone call, the three individuals prepared written "mission

- -----------------

134/ Mr. Keith Shelton, Chief of the National Office

Branch of the IRS and custodian of the time and attendance

records, states that the defendant Wolfe used eight hours of

sick leave on June 14, 1976, and six hours of sick leave and

two hours of annual leave on June 15, 1976.

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188

orders" for the defendant Hermann/Cooper. Those orders

required Hermann/Cooper to: (1) keep in constant contact with

the defendant Wolfe; (2) locate an attorney for the defendant

Wolfe so that he could test the plausibility of the concocted

story on someone other than the FBI; and (3) supervise the

defendant Wolfe pending his arrest. They then wrote out the

cover story, gave a copy to the defendant Wolfe and drilled

him on that story.

At approximately 7:00 p.m. Mr. Meisner checked out of

his motel room, and, together with the defendant Willardson,

drove the defendant Wolfe to the airport where Wolfe took a

night flight to Baltimore-Washington International Airport.

Mr. Meisner stayed that night at the defendant Willardson's

home on Roxbury Drive in Beverly Hills.

On June 15, 1976, in Washington, D.C., the defendants

Hermann/Cooper and Wolfe met, discussed the cover plan,

story and the attorney who was to be selected for Wolfe. The

defendant Wolfe then met with his attorney and presented him

with the cover story which had been prepared the previous

day.

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189

In Los Angeles, Mr. Meisner, who began to use the alias

"Jeff Murphy", moved to the defondant Weigand's house on

Westmoreland Street, near Wilshire Boulevard, where he stayed

for the remainder of the summer. The defendant Weigand

directed Mr. Meisner to prepare a complete report on his

activities as Assistant Guardian for Information in the

District of Columbia and on all pending activities there as

required by Guardian's Office procedures when an official

leaves a post. For the next few days, Mr. Meisner, working

in the defendant Weigand's office, prepared the report as

directed. On June 18, 1976, that completed report was typed

by Mr. Meisner and presented to the defendant Weigand.

(Government Exhibit No. 108.) 135/ In his report, Mr.

- ---------------------

135/ Government Exhibit No. 108 was seized by Special

Agent Gary Aldrich from the office of the defendant Willardson

at the Cedars Complex. Handwriting expert James Miller

positively identifies the notation "G. I'll read it later.

L.D." located on the front page of that report as the

handwriting of the defendant Weigand. Mr. Meisner also

identifies the initials "GW" in the upper portion of the

front page as having been made by the defendant Willardson.

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190

Meisner explained how he had burglarized government offices,

including the manner in which he had forcibly opened doors,

and supervised covert operatives. He identified the current

covert operatives who were still operating and itemized what

remained for them to accomplish. He also described his duties

as Assistant Guardian for Information. Within a few days

thereafter, the defendant Willardson issued "mission orders"

to Mr. Meisner which had been approved by the defendants

Weigand and Heldt. These orders directed Mr. Meisner to go

to Dallas, Texas, to attend the American Medical Association

Convention, and then to New York to resolve a local Guardian's

Office matter. Upon his return to Los Angeles, on July 7,

Mr. Meisner was appointed National Secretary for the United

States by Guardian World-Wide Jane Kember.

B. The Defendant Gerald Bennett Wolfe

is Arrested in Washington D.C. by

the Federal Bureau of Investigation

On June 30, the defendant Wolfe was arrested in the main

IRS building by FBI Special Agent Christine Hansen. He was

charged with the use and possession of a forged official pass

of tho United States, in violation of 18 U.S. Code, Section 499,

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191

and arraigned before United States Magistrate Henry H. Kennedy,

Jr. (U.S. Mag. No. 76-930 M (Cr)). On that same day, Assistant

Guardian for Information in the District of Columbia Richard

"Rick" Kimmel notified the defendant Hermann/Cooper of the

defendant Wolfe's arrest. The defendant Hermann/Cooper then

informed the defendant Weigand that at 2:30 p.m. Wolfe had

been arrested by the FBI, that he had been arraigned, and

released on his own recognizance pending a preliminary hearing.

As a condition of his release, the defendant Wolfe was to submit

handwriting exemplars to the FBI. (Government Exhibit No.

117.) 136/ The defendant Hermann/Cooper told the defendant

Weigand that all covert activities in the District of Columbia

had been ordered "shut down", that "sensitive material" had

been moved to another office, and that "Kelly" (another

covert name for the defendant Wolfe) "has been briefed to

carry out his part". He also told the defendant Weigand that

all data on "Jeff" (Mr. Meisner's alias at the time) had

- ---------------------

136/ Government Exhibit No. 117 was seized by Special

Agent Brunson from the area immediately outside the main

office of the defendant Raymond at the Cedars Complex. It

was inventoried and initialed by Special Agent Napier.

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192

been taken out of the organization. 137/ On July 1, the

defendant Weigand wrote a letter to Deputy Guardian for

Information World-Wide Mo Budlong informing him of the arrest

of the defendant Wolfe and the information brought to his

attention the previous day by the defendant Hermann/Cooper.

(Government Exhibit No. 118.) 138/

In a letter dated July 1, 1976, and entitled "Re: Mike

and the FSM", the defendant Mary Sue Hubbard stated to the

- ------------------

137/ Located above some of the more incriminating words

on Government Exhibit No. 117 are the coded words which were

to be substituted later. These words are identical to those

in code ISIS (Government Exhibit No. 188). Mr Meisner

recognizes the initials next to the title "DG Info US" as

having been written by the defendant Weigand, and the signature

on that document as that of the defendant Hermann/Cooper.

138/ Government Exhibit No. 118 is also in code.

Special Agent Eberhardt of the Cryptanalysis Section of the

FBI Laboratory, decoded that document using code ISIS (Govern-

ment Exhibit No. 188). See Government Exhibit No. 216 for the

decoded version of the instant document. That document was

seized by Special Agent Brunson from the area outside the

defendant Raymond's office at the Cedars Complex. Handwriting

expert James Miller concludes that it is "probable" that the

defendant Weigand signed this letter. Moreover, Mr. Meisner

identifies that signature as having been written by the defend-

ant Weigand. The initials "DW:jf" are those of the defendant

Weigand and his secretary Janet Finn.

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193

defendant Weigand that "[flrom an investigative point of view

it was really too easy for the opposition. All they had to

do was to trace the common enrty [sic] points of the log back for

both Mike and the FSM [Wolfe] until they arrived at the point

where the FSM used his correct ID card." She urged the

defendant Weigand to keep her informed of what has happened

to the FSM, the defendant Wolfe. (Government Exhibit No. 119

at p. 2.) Handwriting expert James Miller is "positive" that

the signature on that document was written by the defendant

Mary Sue Hubbard. 139/ The defendant Weigand responded to

the defendant Hubbard's inquiry in two separate letters, both

dated July 2, 1976. He informed her that the defendant Wolfe

(Silver) was about to submit his resignation to the IRS to

avoid being suspended. He also wrote that the prosecutor in

the case had been told that Wolfe had obtained his identifica-

tion card as part of "[a] lark gone sour". He added that an

additional $800 would be needed to "cover the balance of the

retainer" of Wolfe's attorney. (Government Exhibit No. 119 at

- ----------------------

139/ Government Exhibit No. 119. was seized by Special

Agent Brunson from the area outside the defendant Raymond's

office at the Cedars Complex.

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194

P. 3-4.) He also stated that the defendant Wolfe was

"instructed . . . [to] go nowhere near the org [Church of

Scientology] and . . . have no personal contact with the

case officer [Kimmel] either." He concluded that it was still

possible that the defendant Wolfe would be "given minimal

punishment" and that the matter would terminate without any

connection to the Church of Scientology. (Government Exhibit

No. 119 at p. 1.) 140/ In the other letter of 2 July

1976 regarding "Silver", the defendant Weigand updated for

Mr. Budlong the information regarding the defendant Wolfe's

arrest. (Government Exhibit No. 120.) That coded letter was

decoded by a cryptanalyst, Special Agent Arthur Eberhardt.

(Government Exhibit No. 213.) In the letter, the defendant

Weigand reiterated the information which he had given on

- ---------------------

140/ Handwriting expert James Miller concludes that

it is "probable" that the defendant Weigand wrote the signature

"Dick" on pages one and four of the document, and that the

initial next to the title "DG US" on the first letter was

written by the defendant Heldt. Mr. Meisner recognizes both

signatures as having been written by the defendant Weigand,

and the initial in question as having been written by the

defendant Heldt.

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195

that same date to the defendant Hubbard. 141/ On July

2, 1976, the defendant Hermann/Cooper inquired of the defendant

Weigand whether the defendant Hubbard in her letter of July

1, 1976 "is looking toward Silver [Wolfe] denying the use of

the false ID card and then it not being able to be proven

that he had actually used one." (Government Exhibit No.

121.) 142/ The defendant Hermann/Cooper recommended that

"we go ahead with the worked out cover story".

- -------------------

141/ See Government Exhibit No. 119 at pp. 1, 3-4. A

copy of Government Exhibit No. 120 was sent to CSG Assistant

for Information Jimmy Mulligan who, on July 6, 1976, requested

the defendant Weigand to provide him with translations of the

Code. The defendant Weigand responded in a letter dated July

13, 1976. See Government Exhibit No. 122. Government Exhibits

Nos. 119, 120, and 122 were seized by Special Agent Brunson

from the area outside the defendant Raymond's office at the

Cedars Complex. Mr. Meisner identifies the signature "Jimmy"

On the 6 July letter as having been written by Mr. Mulligan.

142/ Government Exhibit No. 121 was seized by Special

Agent Brunson from the office of the defendant Raymond at the

Cedars Complex. Mr. Meisner identifies the signature on the

July 2 letter as having been written by the defendant Hermann/

Cooper.

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196

C. The United States Case Against

the Defendant Gerald Bennett

Wolfe is Referred to the Grand

Jury, and an Arrest Warrant is

Issued for Michael Meisner.

On July 28, 1976, the defendant Wolfe appeared with his

attorney, Lawrence Speiser, Esquire, before United States

Magistrate Henry H. Kennedy, Jr. for a preliminary hearing.

Following that hearing, United States Magistrate Kennedy

found that probable cause existed, and ordered the case "bound

over for the action of the Grand Jury". A few days later, on

August 5, 1976, Magistrate Kennedy issued a sealed warrant

for the arrest of Michael Meisner for the use of a forged

official pass of the United States, in violation of 18 U.S.

Code, Section 499. (U.S. Mag. No. 1101-76M(Cr)). In mid-

August, CSG Assistant for Information Jimmy Mulligan informed

Mr. Meisner that the defendant Thomas had overheard a

conversation in Mr. Paul Figley's office at the Department of

Justice in which it was stated that a sealed arrest warrant

had been issued in the District of Columbia. On August

30l FBI Special Agents Joseph Jackson and John Pavlansky went

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197

to the offices of the Church of Scientology at 2125 S Street,

N.W., in Washington, D.C., to attempt to locate Mr. Meisner.

They were met there by Assistant Guardian for Legal Bureau

Kendrick "Rick" Moxon. They explained to Mr. Moxon that they

were acting on behalf of the Office of the United States

Attorney for the District of Columbia and were attempting to

locate Mr. Meisner because an arrest warrant had been issued

for him on August 5, 1976, charging him with forgery of United

States Government identification cards. They told Mr. Moxon

that they wanted to inform him and all others concerned of

Mr. Meisner's status so that they could notify him and help

him "avoid putting himself in a fugitive status". They

warned Mr. Moxon that anyone who aided Mr. Meisner in remain-

ing a fugitive "would be guilty of a criminal act under the

harboring of criminals statute." Mr. Moxon informed the

agents that he did not know where Mr. Meisner was. Mr.

Moxon immediately notified his superior, Mary Rezzonico, the

Deputy Guardian for the Legal Bureau in the United States, and

appended to that letter the harboring of fugitives statute,

emphasizing that it provided for a penalty of 115 year sentence

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198

and $2,000 maximum fine" (Government Exhibit No. 123.) 143/

D. The Guardian's Office Harbors

and Conceals Fugitive From

Justice Michael Meisner

On August 30, 1976, the same day that he received

notification that an arrest warrant had been issued for Mr.

Meisner, the defendant Weigand notified the defendant Mary

Sue Hubbard that he has "Just received word that Mike [Meisnerl

had a warrant out for his arrest." He added that "[tlhe plan

at this time is to hide Mike out. It appears that the safest

place to do this is in Europe somewhere." (Government Exhibit

No. 124.) 144/ The defendant Weigand added:

My actions are as follows:

- --------------------

143/ Government Exhibit No. 123 was seized by Special

Agent Brunson from a file cabinet in Room 10 at the Cedars

Complex. Mr. Meisner identifies the signature on that exhibit

as that of Mr. Moxon with whom he had worked closely for two

years. He also recognizes the initials of the defendant

Weigand in the routing portion of the letter.

144/ Government Exhibit No. 124 was seized by Special

Agent Brunson from a file cabinet in Room 10 in the Information

Bureau at the Cedars Complex.

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199

1. Immediately remove M [Meisnerl from all GO connected spaces and get him into a motel.

2. Further alter his appearance.

3. Get with legal for legal opinion to include what the statue [sic] of limitations is on this offence.

4. Work out how to obtain M the neces-

sary papers to get him out of the country.

5. Obtain the papers.

6. Get him out of the country.

The defendant Mary Sue Hubbard responded to the defendant

Weigand's letter as follows:

Wonder how they got a lead onto him?

On getting him abroad, unless you have

good ID for him different than his own,

it might be dangerous. _He would better

be "lost" in some large city where it

would be difficlut [sic] to find him_.

What a shame. (Emphasis added.)

- ------------------

(Government Exhibit No. 124 at p. 2.) On September 2, the

defendant Weigand responded to the defendant Hubbard's inquiry

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200

that he did not know how the FBI had connected "John M.

Foster" to Michael Meisner. He suggested, however, that they

might have been able to locate his former apartment house and

have his photograph identified by a tenant. 145/ On the

evening of August 30, the defendant Weigand contacted Mr.

Meisner and requested him to come to his office, which had

since been moved to a warehouse in Glendale, California. In

the presence of the defendant Hermann and Assistant Guardian

for Information in Clearwater, Florida, Joe Lisa, he informed

Mr. Meisner of the outstanding warrant for his arrest, and

instructed him to sever all outward connections to the

Guardian's Office. He told him that the defendant Hermann

would assist him in moving out of the Weigand residence into

a motel. He also removed him from the position of National

- ---------------

145/ Handwriting expert James Miller concludes that it

is "probable" that the signature "Dick" was written by the

defendant Weigand, and that the initials next to the title "DG

US" on the August 30 and September 2 letters were written by

the defendant Heldt. Mr. Meisner recognizes the signature

of the defendant Weigand and the initial of the defendant

Heldt.

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201

Secretary for the United States. Mr. Meisner was given funds

for the motel. With the defendant Hermann's assistance, Mr.

Meisner moved to the RegaLodge on 200 West Colorado Boulevard,

in Glendale, where he registered as "Jeff Burns". On

September 1, Mr. Meisner moved to the Bon Air Motel at 1727

North Western Avenue in Los Angeles, where he stayed until

September 8. He registered there as "Jeff Marks." During

that time, the defendant Hermann/Cooper ordered Mr. Meisner

to change his appearance. (Government Exhibit No. 125.) 146/

In a letter dated 3 September 1976 the defendant Weigand

notified the defendant Hermann/Cooper that the defendant

Heldt had issued new orders relating to "Jeff Murphy" - Mr.

Meisner's alias at the time. (Government Exhibit No. 126.) 147/

- --------------

146/ Government Exhibit No. 125 was seized by Special

Agent Brunson from a file cabinet outside the office of the

defendant Raymond in Room 15 at the Cedars Complex. Mr.

Meisner was ordered to change his appearance so as to create

"the image of an aging guy wanting to look hip as a means of

regaining his youth a bit," to wear a "mod wardrobe," to

shave his head, to wear contact lenses, to have a tooth capped,

to lose or gain some weight, and to wear earth shoes to

change his posture.

147/ Government Exhibit No. 126 was seized by Special

Agent Brunson from a file cabinet outside the defendant

Rayinond's office at the Cedars Complex.

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202

The defendant Weigand suggested that Los Angeles was a better

place to hide Mr. Meisner since it was "a huge city and he

can get lost here very successfully," while still being close

to the Guardian's Office. He directed the defendant Hermann/

Cooper to give this matter "top priority and lets [sic] get it

done." 148/

On September 10, 1976, Mr. Meisner moved to the Westgate

Hotel located at 445 South Western Avenue in Los Angeles. At

midnight, as a result of new developments in the District of

Columbia, Mr. Meisner was moved by the defendants Willardson

and Hermann/Cooper to the Wilshire Dunes Motel at 4300 Wilshire

Boulevard, also in Los Angeles. He registered at both

locations as "Jeff Marks", and stayed at the latter until

September 12. Mr. Meisner was then moved by the defendant

Hermann-Cooper to the Travelodge at 7370 Sunset Boulevard for

one night. On September 13 and 14, he stayed at the Sunset 8

Motel at 6516 Sunset Boulevard. Then, on September 15, he

- ---------------

148/ Mr. Meisner identifies the handwritten notations

on the lower half of this letter as having been written by the

defendant Hermann/Cooper.

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203

registered at the Burbank Hotel located in Burbank, California,

where he remained until early October. Mr. Meisner paid for

all of these hotels with Guardian's Office funds supplied to

him by the defendant Hermann/Cooper who was his immediate con-tact.

In a September 18, 1976 letter, the defendant Mary Sue

Hubbard informed the defendant Weigand that she had "at last

gotten a copy of the warrant" for the arrest of Mr. Meisner.

She concluded that there was "the need to establish an alibi

for MM", The defendant Weigand responded to the defendant

Hubbard's letter on 22 September 1976 in which he expressed

his belief that her plan would "encounter difficulties" in

view of the fact that the FBI had the defendant Wolfe's and

Mr. Meisner's handwriting on the log books of the Courthouse.

He stated his opinion that establishing an alibi as she bad

suggested, would "come down to our word(s) against 2 FBI

agents, cleaners and guards, plus handwriting experts, ear

experts and possibly fingerprint experts."

He concluded that there were two options open:

1. Turn Mike in at the most opportune time

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204

(when we can get some better prediction of

what will be done with him and us, which

as you wrote should follow the handling of

Silver.)

2. Not turn him over. Which means he

hides or runs for 5 years at least (that

being the statute of limitations.). 149/

"The worst," he stated "from my viewpoint is that M would get

5 years in jail and a $2000 fine that being the maximum

for the action. Also, there would be attempts to get him to

turn or otherwise implicate us or others in various wrong

doings." He added that "[i]f the investigation continues I

expect that more data will be turned up linking us with M's

and others [sic] actions." He asked the defendant Hubbard to

send him her views. (Government Exhibit No. 127.) 150/

- -------------------------

149/ The defendant Weigand's perception in this regard

was, of course, erroneous.

150/ Government Exhibit No. 127 was seized by Special

Agent Brunson from a file cabinet outside the defendant

Raymond's office at the Cedars Complex. Mr. Meisner identifies

the initials next to the words "Info" and "Return" as having

been written by the defendant Heldt.

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205

The defendant Hermann/Cooper and Mr. Meisner met for

some two hours on September 20, 1976. Mr Meisner told the

defendant Hermann/Cooper that he was absolutely opposed to

leaving the country. (See also Government Exhibit No.

128.) 151/ The defendant Hermann/Cooper advised Mr. Meisner

that, pursuant to a Guardian's Office directive, a San Diego

police lieutenant had made an inquiry through the National

Crime Information Center (NCIC) computer to determine the

specifics regarding the arrest warrant which had been issued

for Mr. Meisner on August 5. The defendant Hermann/Cooper

stated that the NCIC check revealed that the Meisner warrant

was for the forgery of government identification cards. He

told Mr. Meisner that the FBI had contacted the police

lieutenant to find out why he had made that inquiry.

- ----------------

151/ Government Exhibit No. 128 was seized by Special

Agent Brunson from a file cabinet located outside the defendant

Raymond's office at the Cedars Complex. Mr. Meisner identifies

the handwriting around the caption of the September 21, 1976

letter, from the defendant Hermann/Cooper to the defendant

Weigand, as that of the defendant Hermann/Cooper.

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206

San Diego police lieutenant Warren Young, a member of

the Church of Scientology, told the FBI that he had made the

NCIC check because he had arrested Mr. Meisner for a pedestrian

violation the previous day in San Diego. In fact, Mr. Meisner

had never been to San Diego. In a handwritten letter dated

16 September 1976, the defendant Duke Snider stated to the

defendant Weigand that "[i]t looks as though AG SD [Assistant

Guardian for San Diego] has set C of S [Church of Scientology]

up to be accused of conspiring with this policeman to violate

the law." He directed the defendant Weigand to take the

necessary steps to handle the matter. (Government Exhibit

No. 129A.) On the same day, the defendant Weigand responded

to the defendant Snider that, while he did not know whether

the policeman was "cool", he knew that the police officer was

a lieutenant who "is on SCN (Scientology] lines". He observed

that they "have laid a nice false lead for the FBI which

cant [sic] help but help us while dispersing their investigation.

This according to reliable sources is one thing that can draw

an investigation to a quik [sic] close.'' (Government Exhibit No.

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207

129B.) The defendant Snider, in a handwritten notation thanked

the defendant Weigand and stated that he was "glad to see it

is under control". 152/

On September 28, 1976, Deputy Guardian for Information World-Wide Mo Budlong, in a letter to the defendant Weigand "Re: Murphy [Meisner]", stated:

The answer for this gentleman is to have

him depart for some whereabouts wherein he

can obtain documents concerning his ability

- ---------------

152/ See also Government Exhibit No. 129. Handwriting

expert James Miller is "positive" that all of the handwriting

on the Snider letter marked Government Exhibit No. 129A is in

the handwriting of the defendant Snider. He is "positive"

that the handwritten notation signed "Duke" on Government

Exhibit No. 129B is in defendant Snider's handwriting. He

also concludes that the handwritten notation signed "Love

Cindy", as well as the initials and date next to the "natl

sec" entry on Government Exhibit No. 129, are positively in

the handwriting of the defendant Raymond. Government Exhibit

No. 129 was also seized by Special Agent Brunson from a file

cabinet outside the defendant Raymond's office at the Cedars

Complex.

In fact, Special Agent Christine Hansen requested the

FBI Field Office in San Diego, California, to question police

lieutenant Warren Young, and follow the lead, given by him,

that Mr. Meisner was in that city. This false lead diverted

the resources of the FBI in the instant investigation to yet

another city.

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208

to drive but does not have to give details

of his life history, if you know what I

mean, to obtain the documents.

Then he should find some out of the way

large city where he can rent himself a quiet

place to do research or some such for an

article or a book or whatever.

He can then live and work there for some time undisturbed.

Once Silver has completed his cycle we will

have some idea of which way things are moving

and we will be able to ascertain Murphy's next

move, but for the time being he should keep

himself fairly exclusive.

Silver should admit what he did but

let his representative do his talking for him

and should not volunteer any further informa-

tion.

To achieve this of course Silver and his representative will have to push for the big event to occur as soon as possible.

Once the Silver event is over we can

reassess the whole cycle in light of the

data that comes up, which you will have

to work out some way of reporting to me.

_If any of the above is not clear,

please ask immediately as I don't want

any confusions on what has to be done_.

(Emphasis added.)

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209 -

(See Government Exhibit No. 131.) 153/

E. The Guardian's Office Gives

the FBI and the Grand Jury

False Handwriting Exemplars.

In late September 1976, FBI Special Agent Hansen

requested the Church of Scientology in Washington, D.C., to

supply the government investigators with exemplars of Mr.

Meisner's handwriting. In Los Angeles, California, the

defendant Raymond met with Mr. Meisner to discuss what should

be given to the FBI. She informed Mr. Meisner that it had

been decided to give false exemplars to the FBI. In a

letter dated September 30, 1976, to the defendant Weigand,

the defendant Mary Sue Hubbard stated that she was aware that

the FBI had requested Meisner handwriting exemplars and that

those would be compared to the log books of the buildings

which Mr. Meisner had entered. She, thus, requested the defend-

- ------------------

153/ Government Exhibit No. 131 was seized by Special

Agent Henry L. Williams from the desk of the defendant Cindy

Raymond at the Cedars Complex. It was inventoried and initialed

by Special Agent Raymond Mislock.

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210

ant Weigand to furnish her with a list of all the buildings

which Mr. Meisner had illegally entered. The defendant

Hubbard stated in that letter that she was, as of that date,

fully aware of the existence of an arrest warrant for Mr.

Meisner. (Government Exhibit No. 132.) 154/

In order to respond to the defendant Hubbard's inquiry

the defendant Raymond met with Mr. Meisner to obtain from

him a list of all the buildings he had illegally entered in

the District of Columbia and the details of those entries.

She then relayed that information to the defendant Weigand

who responded to the defendant Hubbard's request in a late

October 1976 letter. (Government Exhibit No. 132 at page

1.) In that letter, the defendant Weigand informed the defend-

ant Hubbard that the buildings illegally entered by Mr.

Meisner included the Department of Justice, the Internal

Revenue Service, the Office of International Operations, as

- -----------------

154/ Government Exhibit No. 132 was seized by Special

Agent Raymond Mislock from a file cabinet located in Room 30

of the Information Bureau at the Cedars Complex.

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211

well as a number of other private and Government build-

ings. 155/ The defendant Weigand pointed out to the defendant

Hubbard that he was in the process of "working out a full

cover that would cover the log book sign-ins along the lines

of they were done to reveal the insecurity within the govern-

ment for a series of articles that M [Meisner] would be

writing as exposes." 156/

- ---------------

155/ The other buildings listed in that letter include

the Post Office, the Labor Department's National Office, the

Federal Trade Commission, the Department of the Treasury,

the U.S. Customs Building, the Drug Enforcement Administration,

the American Medical Association's law firm offices in

Washington D.C., and the offices of the law firm representing

the St. Petersburg Times, also in Washington, D.C. Handwriting

expert James Miller concludes that it is "highly probable"

that the signature "Dick" at the end of the October 8 letter

was written by the defendant Weigand. Mr. Meisner, himself,

recognizes that signature as in the handwriting of defendant

Weigand, and explains that the initials "DW/jf" to the left

of the signature are those of the defendant Weigand and his

communicator (secretary) Janet Finn.

156/ For another series of letters to the defendant Mary

Sue Hubbard discussing the District of Columbia incident and

the Wolfe/Meisner situation, see Government Exhibit No. 130,

which includes a "CSW" from Mr. Meisner to the defendant

Hubbard as well as memoranda from the defendant Hermann/Cooper to the defendant Hubbard. Mr. Meisner states that the defendant Hcrmann/Cooper's handwriting appear in the following locations:

the word "secret" at the top of page one, and the signature on

the last page. Government Exhibit No. 130 was seized by

Special Agent Brunson from a file cabinet outside the defendant

Raymond's offices.

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On October 8, 1976, FBI Special Agent Hansen served

upon Assistant Guardian for the Legal Bureau in Washington,

D.C. Kendrick "Rick" Moxon a Grand Jury subpoena for all

original known handwriting exemplars of Michael Meisner and

the employment application and personnel records of Mr.

Meisner in the possession of the Church of Scientology.

That subpoena was returnable on October 14, 1976. Assistant

Guardian for Information in the District of Columbia Richard

Kimmel immediately notified the defendant Hermann/Cooper

of the service of that subpoena. The defendant Hermann/Cooper

then notified the defendants Heldt and Weigand in an October

9, 1976 memorandum. (Government Exhibits Nos. 133 and 134 at

p. 1.) 157/ In that same memorandum, the defendant Hermann/

Cooper requested approval from the defendants Heldt and Weigand

for a mission by Randy Windment, the real name of Bruce

Raymond, the National Operations Officer for the Information

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157/ Government Exhibits Nos. 133 and 134 were seized by

Special Agent Brunson from a file cabinet in room 10 at the

Cedars Complex.

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Bureau in the United States. Mr. Windment/Raymond was to go

to the District of Columbia to check the security of the

Guardian's Office and the covert operatives who were still

functioning-namely the defendant Sharon Thomas (also known

as "Judy") and Ms. Nancy Douglass (also known as "Pitts").

Both the defendants Weigand and Heldt signed their approval

of that mission. (See Government Exhibit No. 134.) 158/

On October 14, 1976, District of Columbia Assistant

Guardian for the Legal Bureau Kendrick "Rick" Moxon, submitted

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158/ Handwriting expert James Miller concludes that it

is "probable" that the handwritten initials next to the words

"mission approved" on page one of Government Exhibit No. 134

were written by the defendants Heldt and Weigand. Similarly,

Mr. Miller finds it "probable" that the initials and date

next to the title "DG Info US" on page one are in the hand-

writing of the defendant Weigand, and the initial next to

item 2 (vital targets) on page two is probably in the

handwriting of the defendant Heldt. Mr. Meisner identifies

those initials as in the handwriting of the defendants Weigand

and Heldt respectively, as he does all of the handwriting on

page three as that of the defendant Hermann/Cooper. Mr. Meisner

also identifies the signature "Mike" at page one of Government

Exhibit No. 134 and the handwriting on pages three and five

of Government Exhibit No. 133 as that of the defendant

Hermann/Cooper.

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an affidavit with nine pages of handwritten material. In

the affidavit, he stated that he was unable to locate a

personnel file for Mr. Meisner, and that the nine pages of

appended handwriting were those of Mr. Meisner. However, as

the defendant Raymond stated to Mr. Meisner in a meeting in

late September 1976, Mr. Moxon had been directed to supply

the government with fake handwriting samples in lieu of Mr.

Meisner's true handwriting exemplars.

F. The Guardian's Office

Refines its Cover-Up Plans

In early October 1976, the defendant Raymond decided

that it would be best for Mr. Meisner to move from his motel

to an apartment, thereby reducing the expenses of the Guardian's

Office. Paul Poulon, the Collections Officer for the Informa-

tion Bureau, rented an apartment for Mr. Meisner at 444 South

Burlington Street in Los Angeles, California, to which Mr.

Meisner moved on October 6. Mr. Meisner, at that time, was

spending most of his days at local libraries doing research

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215

on the security of government buildings, in order to support

one of the cover-up stories, _viz._, that he had entered various

government buildings to do an expose on the lack of security.

The defendant Raymond and Mr. Meisner met approximately

twice a week to discuss the ongoing cover-up. Mr. Meisner

requested of the defendant Raymond that she set up a meeting

between him and the defendant Snider as soon as possible.

Mr. Meisner had been anxious to communicate his views regarding

the cover-up in the current District of Columbia situation

with someone in a position of higher authority. He thus

selected the defendant Snider because of his high position

in the Guardian's office as well as the fact that he had

known him for a long time. Indeed, the defendant Snider

had recruited Mr. Meisner for the Information Bureau of the

Guardian's office. On October 28, the defendant Snider and

Establishment Officer Peeter Alvet met with Mr. Meisner at

the Burlington Street apartment. Mr. Meisner told the defend-

ant Snider that he was concerned about the length of time

that the cover-up operation was taking. The defendant Snider

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216

cautioned Mr. Meisner that "we didn't want him doing something

too fast as we wanted to see what happened with Silver [Wolfe]

first, the threat of a Grand Jury." Government Exhibit No.

137, is a letter dated 4 November 1976 in which the defendant

Snider wrote the defendant Heldt of the outcome of his meeting

with Mr. Meisner. 159/ In it, the defendant Snider stated

that Mr. Meisner "seemed to finally realize . . . that his

actions would ultimately seriously effect [sic] the church

. . ." Mr. Meisner had expressed concern for his wife and

his parents as well as for the fact that he was being kept

almost totally uninformed of Guardian's Office actions on

the ongoing cover-up. The defendant Snider' assured Mr.

Meisner that he would be briefed on all decisions taken by

the Guardian's Office and that his views would henceforth be

considered. He assured Mr. Meisner that the defendant Mary

Sue Hubbard was concerned about the situation and was fully

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159/ Government Exhibit No. 137 was seized by Special Agent Brunson from a file cabinet located outside the office of the defendant Raymond.

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217

aware of it, and that anything Mr. Meisner wanted to express

to the defendant Hubbard would be sent directly to her. At

the conclusion of the meeting, the defendant Snider asked

Mr. Meisner to continue doing work for the Information Bureau.

In his letter to the defendant Heldt reporting on that meeting

(Government Exhibit No. 137), the defendant Snider concluded

that Mr. Meisner "_is not a traitor and will cooperate_" with

the Guardian's Office. (Emphasis added.)

Three days later, in a letter to defendant Weigand the

defendant Hubbard added yet another dimension to the cover-up

Mr. Meisner (whom she refers to by the letter "H" for the code

name Herbert which Mr. Meisner had assumed since going under-

ground after the issuance of his arrest warrant) was having

marital trouble and was jealous that his wife was being more

productive than he. Therefore, he took it upon himself to

organize the burglaries of government buildings and thefts of

documents from those buildings to prove that he too could

produce for the Guardian's Office. She instructed the defend-

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218

ant Weigand that "[i]f this seems workable" then Mr. Meisner

should be ordered to work on the details of this aspect of

that plan. (Government Exhibit No. 135.) 160/ In response

to an order that he received from his "senior", the defendant

Heldt directed the defendant Willardson to contact the defend-

ant Wolfe and instruct him to "push his lawyer to get the

scene handled." (Government Exhibit No. 136.) 161/

On November 5, pursuant to the decision made during

his meeting with the defendant Snider, Mr. Meisner was moved

by Mr. Paul Poulan to a new apartment located at 840 South

Serrano Street in Los Angeles, California. Mr. Meisner

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160/ Government Exhibit No. 135 was seized by

Special Agent Brunson from a file cabinet in Room 10 in the

Information Bureau at the Cedars Complex. Mr. Meisner identi-

fies the handprinting on that letter above the typewritten

words as being in the handwriting of the defendant Raymond.

He further recognizes the initial next to the title "DG US"

as having been written by the defendant Heldt.

161/ Government Exhibit No. 136 was seized by Special Agent John C. Kammerman from Room 15 in the Information Bureau at the Cedars Complex. It was inventoried and initialed by Special Agent Michael Ray Napier.

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219

rented that apartment in the name of "Jeff Marks" with funds

provided him by Mr. Poulon. Mr. Meisner resided at that

location until the end of April 1977. On November 26, Mr.

Meisner wrote a lengthy letter to the defendant Mary Sue

Hubbard explaining to her the extent of his predicament.

Government Exhibit No. 138.) 162/ In that letter, he

expanded upon the various aspects which she had proposed in

her October 31 letter to the defendant Weigand (Government

Exhibit No. 135). Mr. Meisner told the defendant Hubbard,

that regardless of what cover story was eventually used to

handle the ever expanding Federal investigations in the

District of Columbia, it would be necessary to explain

where he had been living since June 11 when he was confronted

by the FBI in the United States Courthouse. He explained

that, in any event, the FBI would want to know how Mr. Meisner

was able to support himself during all the time that be was

in hiding. Thus, Mr. Meisner told the defendant Hubbard that

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162/ Government Exhibit No. 138 was seized by Special

Agent Kammerman from a file cabinet in Room 15 in the

Information Bureau at the Cedars Complex. It was initialed

by Special Agent Napier.

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220

he and the defendant Raymond had already worked out a plan,

whereby Mr. Meisner would tell the FBI that he had been

living with a friend in Canada. Mr. Meisner wrote that

Canada was selected because the FBI had no authority to

conduct investigations there. However, he also stated that

a cover would have to be created in Canada. He concluded in

a postscript that "in my opinion, no matter what story we

use, the longer we wait to implement it, the less believeable

it will be and the more that the government will be inclined

to believe that the Church is behind it."

On November 30, the defendant Mitchell Hermann (a/k/a Mike Cooper) wrote a briefing memorandum outlining step-by-step the activities in which the defendant Wolfe (Silver) and Mr.

Meisner (Herbert/MM) had been involved in the District of

Columbia, and the cover story which had been prepared since

their encounter with the FBI. The defendant Hermann/Cooper

explained that the defendant Wolfe and Mr. Meisner had been

involved, from 1974 through June 1976, in the burglaries of

Government offices and thefts of Government documents in

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221

Washington, D.C. In the spring to summer of 1976, they had

directed their attention to the office of Assistant United

States Attorney Nathan Dodell in the United States Courthouse

in Washington, D.C. It was there, on June 11, 1976, that