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: - ------------------ ******************************************************************** - ------------------------------------------------------------------ ******************************************************************** 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 - ---------------------------------------------------------------------- - i - TABLE OF CONTENTS PAGE I. The Witness Michael J. Meisner 1 II. Organizational Structure of the Guardian's Office 6 111. The Conspiracy to Intercept Oral Communications, 12 Burglarize and Steal, and the Substantive Acts Committed Pursuant Thereto A. The Order to infiltrate the Internal Revenue Service in Washington, D.C. 17 B. The Bugging of the IRS Chief Counsel's Conference Room on November 1, 1974 22 C. The First Infiltration of the IRS in the District of Columbia Pursuant to GO 1361 32 D. Infiltration of the Tax Division of the United States Department of Justice 57 E. The Guardian's Office Awards its GO 1361 Workers 79 F. The Theft of IRS Documents Exempted from Disclosure Under the Freedom of Information Act 81 G. The Guardian Program Order Instituting An "Early Warning System" to Detect Possible Legal Actions Against L. Ron Hubbard and Mary Sue Hubbard 90 H. The Los Angeles Guardian's Office Sends Help to the District of Columbia Guardian's Office 100 I. The Guardian's Office Orders Mr. Meisner to Los Angeles for Debriefing and Auditing 106 J. Mr. Meisner Returns to the District of Columbia 112 K. The Entry Into the IRS identification Room and the Making of Counterfeit Identification Cards 119 L. Guardian Program Order 302 and the Theft of Documents Withheld by the United States Under the FOIA 123 M. Burglaries of the Suite of Offices of the Deputy Attorney General of the United States 127 N. Burglaries of the Office of International Operations of the Internal Revenue Service and Theft of Documents Therefrom 133 O. Burglaries and Thefts or Documents From the Department of Justice in Washington, D.C. 139 1. Office of Paul Figley 139 2. Interpol Liaison Office at the Department of Justice 142 - ---------------------------------------------------------------------- - ii - Offices of Special Assistant to Assistant Attorney General for Administration John F. Shaw 150 P. Burglaries and Thefts or Documents from Assistant United States Attorney Nathan Dodell's Office, Located in the United States Courthouse for the District of Columbia 155 IV. The Conspiracy to Obstruct Justice, to Obstruct an Investigation, to Harbor a Fugitive and to Make False Declarations Before the Grand Jury 176 A. The Preparation or the Cover-up Story 176 B. The Defendant Gerald Bennett Wolfe is Arrested in Washington, D.C., by the Federal Bureau of Investigation 190 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 196 D. The Guardian's Office Harbors and Conceals Fugitive From Justice Michael Meisner 198 E. The Guardian's Office Gives the FBI and the Grand Jury False Handwriting Exemplars 209 F. The Guardian's Office Refines its Cover-up Plans 214 G. The Federal Grand Jury Investigation in the District of Columbia Continues 225 H. The Guardian's Office Cover-up Moves Into its Final Phase 232 1, The Guardian's Office Restrains and Guards Michael Meisner 238 J. Michael Meisner's First Escape from His Guards 248 K. The Defendant Wolfe's Sentencing and Subsequent Testimony Before the Grand Jury in the District of Columbia 252 L. The Defendant Wolfe is Debriefed by the Guardian's Office After his Grand Jury Appearance 265 M. Michael Meisner Surrenders to the Federal Bureau of Investigation 268 - ---------------------------------------------------------------------- iii TABLE OF EXHIBITS EXHIBIT NUMBER DESCRIPTION SECTION PAGE 1A Organizational Chart II 6,7,11 Guardian's Office 1B Organizational Chart II 8,11 Guardian's Office (pre-January 1, 1976) 1C Organizational Chart II 9,11 Guardian's Office (post-January 1, 1976) 1D Organizational Chart II 10,11 Assistant Guardian's Office DC 2 Document #13969 III 12,14,-17, 95,163 3 Document #3060 IIIA 19-22 4 Document #9317 IIIA 19-22 5 Document #6131 IIIB 26-27 6 Document #20106 IIIB 28-30 7A Document #20276 IIIB 28-29 7B Document #20277 IIIB 28-29 8 Document #2065 iiic 32-35,39 8A Document #2065 P. 7 IIIc 32-34 8B Document #2065 p. 6 IIIc 32,34 8C Document #2065 p. 5 IIIc 32,34-35 8D Document #2065 P. 4 IIIc 32,35 8E Document #2065 P. 3 IIIc 32,35 9 Document 02064 IIIc 32,36-37 9A Document #2064 p. 2 IIIc 32,36 10 Document #2062 IIIc 32,39 IOA Document 02062 p. 2 IIIc 32,38--39 11 Document #2057 IIIc 32,39-40 12 Document #12636 IIIc 44-46 13 Document 019692 IIIc 47 14 Document #1433 IIIc 48-52 - ---------------------------------------------------------------------- iv 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 - ---------------------------------------------------------------------- v 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 - ---------------------------------------------------------------------- vi 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 - ---------------------------------------------------------------------- vii EXHIBIT NUMBER DESCRIPTION SECTION PAGE 85 Document #2463 III02 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 - ---------------------------------------------------------------------- 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 Document #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 - ---------------------------------------------------------------------- ix 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 #10715 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 - ---------------------------------------------------------------------- x 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 - ---------------------------------------------------------------------- xi 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. - ---------------------------------------------------------------------- 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 America, through its attorneys, United States Attorney Carl S. Rauh, Assistant United States Attorneys Raymond Banoun, Timothy J. Reardon, III, and Steven C. Tabackman, and the attorneys for the defendants: Leonard B. Boudin, Esquire, and Michael L. Hertzberg, Esquire, for the defendant Mary Sue Hubbard; Phillip J. Hirschkop, Esquire, for the defendants Henning Heldt and Duke Snider; Rcger Zukerman, Esquire, and Roger Spaeder, Esquire, for the defendants, Richard Weigand and Gregory Willardson; Michael Nussbaum, Esquire, and Earl C. Dudley, Esquire, for the defendants Cindy Raymond and Mitchell Hermann, also known as Mike Cooper; John Kenneth Zwerling, Esquire, for the defendants Gerald Bennet Wolfe; and Leonard J. Koenickp Esquire for the defendant Sharon Thomas; as well as the above-mentioned defendants themselves , agree and stipulate that the evidence as to all the defendants is as follows: - ---------------------------------------------------------------------- 1. The Witness Michael J. Meisner Michael J. Meisner, 29, was born in Chicago, Illinois. He attended parochial elementary and secondary schools. He studied at the University of Illinois at Urbana for two and a half years from 1968 through 1970. Mr. Meisner became interested in Scientology in November 1970 when he was intro- duced to it by a friend. During the next two months, he took several courses at the Urbana Church of Scientology franchise and in January 1971 left the University to become a full time course supervisor. He held this Position until May 1971 when he was sent to the Church of Scientology of St. Louis for two weeks of further training. He then returned to Urbana, Illinois, where he resumed his duties as a course supervisor until September 1971. At that time, he returned to the St. Louis Church of Scientology where for the next eight months he was trained to become an auditor. 1/ From May 1972 until August 1972, he resumed his duties as a course - ------------------- 1/ An "auditor" is a person who counsels Scientologists by applying the teachings and therapy methods of Scientology. - ---------------------------------------------------------------------- 2 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 organiza- 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 - ---------------------------------------------------------------------- - 3 - 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. - ---------------------------------------------------------------------- - 4 - 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. - ---------------------------------------------------------------------- - 5 - 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 from 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 - ---------------------------------------------------------------------- 6 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- - ---------------------------------------------------------------------- - 7 - 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 Columbia 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; Philadelphia, 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). - ---------------------------------------------------------------------- 8 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-Wide (DG I WW) was Morris Budlong, 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 Exhibit 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 - ---------------------------------------------------------------------- 9 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 Deputy 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 position 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 - ---------------------------------------------------------------------- 10 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 referred to in Scientology as a position "held from above" or "HFA" both of which appear on the routing portion of certain documents and which connotes that an individual ia assuring the responsibilities of more than one position at the same time. - ----------------------------------------------------------- 11 (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 organizational 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. - ----------------------------------------------------------- 12 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/Guardian 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. - ----------------------------------------------------------- 13 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." (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 directed 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 - ----------------------------------------------------------- 14 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 headquarters of the Guardian's Office 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. Furthermore, 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. Each member was one or four persons in the Church of Scientology who was a signatory 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. - ----------------------------------------------------------- 15 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 Heldt, to the DC Info US, the defendant Richard Weigand. Next to the abbreviation "DG 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, - ----------------------------------------------------------- 16 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. Meisner 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 - ----------------------------------------------------------- 17 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 Washington, 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 Michael 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 - ----------------------------------------------------------- 18 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. - ----------------------------------------------------------- 19 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. Claudius from a file cabinet in Room 5 at the Cedars Complex. 11/ 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. - ----------------------------------------------------------- 20 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 Scientology. 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 - ----------------------------------------------------------- 21 "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. - ----------------------------------------------------------- 22 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 - ----------------------------------------------------------- 23 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. - ----------------------------------------------------------- 24 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, Meisner 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 museum 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. - ----------------------------------------------------------- 25 entire meeting over the FM radio of the car. Following the conclusion of the meeting, the defendant Hermann reentered 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 interception 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.) - ----------------------------------------------------------- 26 Governnent 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 requirements 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. Government 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. - ----------------------------------------------------------- 27 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 weeks 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. - ----------------------------------------------------------- 28 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, - ----------------------------------------------------------- 29 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 Exhibits 7A and 7B) Agent Eberhardt decoded Government Exhibits 6 and 187. He did so by writing above - ----------------------------------------------------------- 30 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 Government 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 bugging 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 - ----------------------------------------------------------- 31 room. Numerous other high officials of the IRS attended this meeting. Mr. Hubbard states that the IRS held the November 1, 1974 conference to discuss 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 prepared 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 - ----------------------------------------------------------- 32 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. - ----------------------------------------------------------- 33 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 - ----------------------------------------------------------- 34 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 - --------------------------------------------------------------- 35 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 - --------------------------------------------------------------- 36 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 identi- 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] - --------------------------------------------------------------- 37 (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 December 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- pose of their entry was to show to the defendant Gerald Bennett Wolfe that documents could easily be taken from the Internal - --------------------------------------------------------------- 38 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 probably by made by the defendant Snider. Mr. Meisner recognizes each set of initial as being made by the defendants Heldt and Duke Snider respectively. - --------------------------------------------------------------- 39 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 Government Exhibit No. 11, dated "9 December 74," is the defendant Willardson's - --------------------------------------------------------------- 40 response in 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 subordinate 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. - --------------------------------------------------------------- 41 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. Meisner 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 background. 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 documents 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 conference that was bugged by Scientology agents. - --------------------------------------------------------------- 42 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 subsequent 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 documents 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 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. - --------------------------------------------------------------- 43 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 Bureau, and the Collec- tions Officer. He also sent a copy of the material to the - --------------------------------------------------------------- 44 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 Bureau 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. - --------------------------------------------------------------- 45 memorandum from Mr. Meisner to the defendant, Cindy Raymond 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 Communicator (Secretary) for the United States and the Deputy Guardian for the United States, 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, - --------------------------------------------------------------- 46 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 Columbia 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. - --------------------------------------------------------------- 47 1975 when he was transferred to Chicago, Illinois, 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 memorandum 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. - --------------------------------------------------------------- 48 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 the 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 Complex by Special Agent James J. Smith and inventoried by Special Agent Gilberto Valencia. - --------------------------------------------------------------- 49 assigned to Mr. Meisner, as the Assistant Guardian for Informa- tion in the District of Columbia, the task of stealing IRS documents concerning organizations other than Scientology. Thus, whenever any stolen IRS documents 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 theft 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 organizations 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.) - --------------------------------------------------------------- 50 - --------------- (footnote continued from proceeding page.) late May. GW" at the lower right-hand corner of 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 defendant 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 mentioned in their files." It then explains that such a plan "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 Gregory 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. - --------------------------------------------------------------- 51 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 Office 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.) - --------------------------------------------------------------- 52 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 Room 4 in the Information Bureau at the Cedars Complex. - --------------------------------------------------------------- 53 During the first five months of 1975, the defendant Wolfe stole documents 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, as 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 Information 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 - --------------------------------------------------------------- 54 "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 Guardian 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 attempts 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. - --------------------------------------------------------------- 55 IRS tax exemption negotiations." 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 period 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.) - --------------------------------------------------------------- 56 Raymond, personally and in writing, instructed 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 exemption 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.) - --------------------------------------------------------------- 57 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 Washington, 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 needed" "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. - --------------------------------------------------------------- 58 Scientology litigation. Mr. Meisner had been informed by the Guardians office Legal Bureau that trial attorney Harold Larsen and Chief of Refund Litigation Section 3, Stanley Krysa, had represented the United States in the cases involv- ing the Church of Scientology of Hawaii and the Church of Scientology of Florida. Mr. Larsen was the trial attorney assigned to these cases, while Mr. Krysa, as his immediate supervisor, had participated in the litigation. Mr. Meisner discovered that the Tax Division offices of the Department of Justice were located in the Star Building at 1101 11th Street, Northwest, in Washington, D.C. Accordingly, Mr. Meisner directed the defendant Gerald Bennett Wolfe to enter the offices of Messrs. Krysa and Larsen to obtain all their files which were in any way related to Scientology. Conse- quently, on three successive 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 - --------------------------------------------------------------- 59 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. Meisner 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 manner 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.) - --------------------------------------------------------------- 60 each of the Meisner memoranda follows the standard routing required by Guardian Office procedure. 26/ Government - -------------- (footnote continued 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 Williams 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 defendant Cindy Raymond, via the Assistant Guardian for the District of Columbia 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.) - --------------------------------------------------------------- 61 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 handwriting 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. - --------------------------------------------------------------- 62 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. - --------------------------------------------------------------- 63 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. - --------------------------------------------------------------- 64 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 - --------------------------------------------------------------- 65 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 Administration by Ms. Douglas. - --------------------------------------------------------------- 66 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 - --------------------------------------------------------------- 67 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. - --------------------------------------------------------------- 68 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 Agent James J. Smith from Room 4 of the Information Bureau at the Cedars Complex. - --------------------------------------------------------------- 69 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. - --------------------------------------------------------------- 70 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/ Government Exhibit No. 35 was seized by Special Agent Donald P. Kinder from Room 4 at the Cedars Complex. - --------------------------------------------------------------- 71 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 letter is in the handwriting of the defendant Willardson. - --------------------------------------------------------------- 72 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. - --------------------------------------------------------------- 73 Cindy Raymond, with copies to the Commodore Staff Guardian, the defendant Mary Sue Hubbard. This memorandum was routed through 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 proceeded 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 documents for the purpose of photocopying them, or to obtain copies of the documents for the Guardian's Office of the Church of Scien- - --------------------------------------------------------------- 74 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.) - --------------------------------------------------------------- 75 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. - --------------------------------------------------------------- 76 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. Meisner 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. - --------------------------------------------------------------- 77 Mr. Meisner forwarded to the defendant Raymond a memorandum dated 11 August 1975 entitled "GO 1361-TGT 17 STATUS", (Govern- ment 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. - --------------------------------------------------------------- 78 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 Scientology, 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 also identifies the note as having been written by the defendant Weigand. Government Exhibit No. 56 was seized by Special Agent Smith from Room 4 in the information Bureau at the Cedars Complex. - --------------------------------------------------------------- 79 E. The Guardian's 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 necessary 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. - --------------------------------------------------------------- 80 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. - --------------------------------------------------------------- 81 F. The Theft of IRS Documents 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 - --------------------------------------------------------------- 82 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.