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V) Indication Of Attempted Extortion
The sudden turnaround of
Minton drew a lot of
speculation of how it
had come about. When it was made public that Minton had secretly met
with Scientology representatives, shortly before he admitted in court
of having committed perjury, several former associates of Minton
believed that he had been blackmailed by the Church of Scientology. In
an interview with the "Saint Petersburg Times" the estate's attorney
Kennan Dandar stated that he believed that Minton "was threatened with
something that Scientology discovered to his overseas financial
affairs." [Exh. No. 143]
The first contact between Minton and the Church of Scientology
occurred at the beginning of February 2002. At this time Minton
authorized his Clearwater attorney Bruce Howie to approach
Scientology's local attorney Wally Pope with the offer to discuss a
global settlement. When the Church of Scientology refused to provide
Minton in advance with a written settlement proposal, the planned
meetings were called off again.
Finally in mid-March Minton called
Michael Rinder,
the head of the
"Office of Special Affairs International," telling him that he felt
overwhelmed by the litigation and that "he wanted to get out" by
settling all outstanding differences. A few days later the first of
four initial meetings was scheduled to be held on March 28th in New
York at the office of Scientology's attorney
Samuel Rosen. Prior
to the first meeting, at around March 25th/26th, a confidentiality
agreement was worked out by Minton's Boston attorney Stephen Jonas and
Samuel Rosen in preparation for the upcoming settlement discussions.
On March 28th the first meeting took place. Minton, accompanied by
Stacy Brooks and Stephen Jonas met with Michael Rinder and two other
attorneys, Samuel Rosen and Monique Yingling, a specialist on tax
matters from Washington, DC [Exh. No. 144]. Another meeting was then
held the next day, followed by a third and fourth meeting on April 6th
& 7th in Clearwater.
Much of the speculation concerning the alleged blackmail by the Church
of Scientology attempts circles around these meetings, which Minton
attended to achieve a global settlement with Scientology. Because the
motive of Minton's turnaround was an important issue of the recent
court hearings, the course of these settlement negotiations became the
subject of inquiry during Minton's testimony.
And while both parties, Minton and the representatives of the Church
of Scientology, denied in court that threats had been made towards
Minton, the court testimonies and the legal outcome of these meetings
clearly show that the Church of Scientology at least attempted to
capitalize on Minton's fragile legal situation. From Minton's
testimony on May 28th, 2002 [Exh. No. 145]:
[ ] The Court: "I don't understand why you settle with the Church of
Scientology for perjury committed in court."
The Witness: "No. The - we weren't - we weren't trying to settle with
the Church of Scientology for perjury committed in court. As I said,
your Honor "
The Court: "Well, you went to the Church of Scientology to settle all
these things, and then Mr. - Mr. Dandar said, was the reason because
of the extensive discovery that was being conducted. And you talked
about that, and you said that was not the only reason."
The Witness: "Right."
The Court: "This is why you were going for this settlement. You said
another reason was the perjury. And I guess I will never understand
how it is that you thought you'd go to the church to settle whatever
it is you thought you - whatever the perjury had to do with."
The Witness: "Well "
The Court: "Why didn't you go to a lawyer who would have come to the
court with that?"
The Witness: "Well, your Honor, the idea wasn't to - the idea was
never to sit down with the Church of Scientology and talk about
perjury; the idea was to sit down with the Church of Scientology and
try to find a way to get out completely of all this - all these
litigation matters down here, and preferably never to come back again
to deal with any of this stuff."
The Court: "Okay. So - so when you were going up there to settle with
the church, a global settlement, whatever it is you call it, the
perjury you were concerned with, they had nothing to do with that as
far as "
The Witness: "No."
The Court: " they couldn't offer you a settlement."
The Witness: "No, your Honor. No, no. That was not - that was not an
issue."
The Court: "Okay. So the discovery abuse was going on, you felt - you
felt you were being hounded or that you had a lot of - seemed like "
The Witness: "Well "
The Court: " endless depositions, endless motions to compel. You knew
that you had committed perjury on the 5th. This was a concern of
yours."
The Witness: "Right."
The Court: "What else? What else "
The Witness: "Well "
The Court: " were you trying to settle?
The Witness: " you know, I was a party in these cases - well, you
know, in the breach case anyway, at that time, and LMT was. You know,
LMT, stroke, me, was in the counterclaim. You know, they'd been
alleging that - that, you know, LMT was my alter ego. So you know, as
far as I was concerned, I was already added to the counterclaim
through LMT, because that's how they would come get me on the
counterclaim, is through LMT."
The Court: "Were you a party to the breach of contract?"
The Witness: "I "
The Court: "The Clearwater case in front of Judge Baird?"
The Witness: "Yes, your Honor."
The Court: "You were?"
Mr. Dandar: "Not at that time."
The Witness: "I believe so. I could tell you when I was added." [ ]
The Court: "Well, you may have read somewhere that I said that if they
didn't add you as a party, I was going to. But there again, I don't
know why you'd go to the Church of Scientology and meet with them to
try to work a settlement of something I said I was going to do. You
can't - the only thing they could do to stop you from being added as a
party, if I wanted you added as a party, is drop the counterclaim."
The Witness: "Mm-hmm."
The Court: "Because as long as the counterclaim was going on, I put
them on notice, either add him or I'll add him. So I don't - again,
you know, perjury, being a party to this counterclaim - and you're
going to the wrong place it seems to me. What - what did you think
they could do for you about all that?"
The Witness: "Well, as I said, your Honor, the - the idea was to be
able to extract us from all this litigation. You know, pure and
simple. Just extract us from this litigation so that we didn't have to
deal with this anymore."
The Court: "Okay. Were there any other litigation you were involved
in? `Cause I don't know. I've heard about a lot of suits. Is there
anything else where you were a party to a lawsuit that had been filed
by the Church of Scientology, the local church or the church in
California or any other entities that you know of, that you could tell
me about?"
The Witness: "Other than the Florida cases, I don't think so. You
know, the - the -- I mean, Wollersheim case, I wasn't a party to that
case in any way, but - but clearly, you know, I faced the same kind of
liability in the Wollersheim case that I was facing in this case."
By Mr. Dandar: "How is that?"
A: "Or the Florida cases."
Q: "How were you facing liability in the Wollersheim case?"
A: "Well, because of my involvement in the case and, you know,
financing the whole thing."
Q: "You just provided funds. How could you possibly be named as a
party for loaning money?"
A: "No, I didn't say I was named as a party. I said that, you know, I
considered that I faced the same kind of liability with whatever they
did with Wollersheim, that they could come after me for the money."
Q: "You're talking about a RICO action."
A: "No. I'm not talking about a RICO action."
Q: "Then what are you talking about that you could possibly be sued by
the Church of Scientology for providing loans to Mr. Wollersheim or
his attorney?"
A: "Well, you know, they sued me for having provided
Gerry Armstrong a
computer, and therefore, you know, I was responsible for his - you
know, 201 acts of infringement - or not his infringement - violations
of agreement that he had signed."
The Court: "That didn't happen until you went over there to settle all
your scores, right?
The Witness: "Right. But I mean, it was the same principle."
The Court: "You went to settle your scores, and - and you walked out,
you got out as a party here; you got sued - It's a hell of a deal you
made, wasn't it? Or a hell of a thing for you to do." [ ]
The Armstrong suit, which is mentioned in the above testimony is a
civil suit that was filed by the "Church of Scientology International"
on April 2nd, 2002 ("Church of Scientology International vs. Gerald
Armstrong, Robert Minton & LMT," Superior Court for the County of
Marin, No. CV-021632), six days after the settlement talks with Minton
had started [Exh. No. 146].
The suit claims that Armstrong publicly spoke out against Scientology
in 201 cases, thereby violating a gag order from a 1986 mutual release
agreement with CSI. As Armstrong was financially supported by Minton,
CSI included Minton as a defendant in the lawsuit. The suit asks for $
10,050,000 in damages.
The Armstrong suit was not the only legal outcome for Minton from the
meetings with the Scientology representatives. Early in the settlement
negotiations, Michael Rinder made it clear to Minton that the Church
of Scientology wanted several civil cases, in which Minton had
partially financed Scientology's legal opponents, to be dismissed or,
in the words of Monique Yingling during her testimony on June 11th,
make them "go away" [Exh. No. 147]:
[ ] Yingling: "He [Michael Rinder] spoke about several areas that he
thought needed to be covered in any overall settlement. He said that
all outstanding litigation that Mr. Rinder was involved in "
Mr. Weinberg: "Mr. Minton?"
A: "I'm sorry, Mr. Minton was involved in would have to go away. And
he said specifically the cases down here in Florida. I believe he
referred specifically to the Lawrence Wollersheim matter. He also
referred specifically to cases that were ongoing in France and in
Germany. But he made it clear that there would have to be - all of
these cases would have to go away, because Mr. Minton was intimately
involved in those cases, and so long as those cases were ongoing,
there could not be a disengagement."
Q: "Okay. Do you recall - do you recall any other - terms is too
strong a word - but any other things that Mr. Rinder said needed to be
resolved?"
A: "Yes. That was just the first area was the litigation."
Q: "Okay."
A: "The second area had to do with witnesses, that Mr. Minton had been
paying to, in the Church's view, provide false testimony in litigation
against the Church around the country. And I think there were specific
witnesses that were mentioned who provided affidavits, including Stacy
Brooks, Vaughn Young and
Jesse Prince.
That was the second area." [ ]
The Court: "You say what about these witnesses? What was going to have
to happen?"
The Witness: "That there would have to be some resolution of the
affidavits that they had filed so that assuming we could reach a
settlement where there was a disengagement in the future, these
affidavits wouldn't be popping up in other litigation and then causing
the parties to have to come together again to try to resolve that
issue. So that there needed to be some -- some resolution with respect
to that."
The Court: "And the three witnesses mentioned were Mr. Prince, Ms.
Brooks and "
The Witness: "Vaughn Young, your Honor. Those were the three I
remember that were mentioned. There may have been others."
The Court: "Okay."
A: "The third area that Mr. Rinder mentioned was the question of the
Lisa McPherson Trust. And
that it needed to be dissolved or done away
with or - or whatever. And I understood that there was a website,
also, that the trust had. And that the Church would also want that to
- to go away." [ ]
Soon after the first meetings were concluded, Minton indeed tried to
make the Lisa McPherson case "go away" by calling Kennan Dandar and
asking him to dismiss the case. Dandar refused.
Next, Minton tried to get the Wollersheim case dismissed. Lawrence
Wollersheim had sued the "Church of Scientology of California" in 1980
("Lawrence Wollersheim vs. Church of Scientology of California,"
Superior Court for the County of Los Angeles, No. B-023193). He
finally won a $ 2.5 million judgement in his favor in 1994 and was
since then trying to collect the money from CSI. Minton had loaned
Wollersheim $ 750,000 in 1996 to enable him continue the case against
CSI.
During April of 2002 Minton proposed Wollersheim to dismiss the case,
offering him additional $ 200,000 and a cancellation of the earlier
loan. Wollersheim refused Minton's offer and was indeed later
successful in collecting his outstanding judgement in the amount $
8,600,000 [Exh. No. 148].
These two cases were not the only ones for which Minton was made
responsible by the Church of Scientology. During the meeting in March
Samuel Rosen confronted Minton with a summary of legal expenses that
the Church of Scientology had had in connection with cases in which
Scientology's opponents had been financially supported by Minton.
Rosen's notes were later introduced as evidence in the McPherson
hearings [Exh. No. 149]. The following are extracts from Rosen's notes
from March 28th:
" [ ] I - Florida
A) Wrongful death
B) Breach case - $ 1,025,000 [ ]
II - Wolly
A) we've paid - $ 2.5 Mill
III - Armstrong [illegible]
A) we've paid - $ 260,000
VI - European Cases
A) we've paid - $ 80,000
X - IRS Harassment
A) [illegible] - $ 30,000
XII - planned RICO case - $ 40,000 [ ] "
During the court hearings on May 29th judge Schaeffer questioned
Robert Minton about his expectations with regards to a future
settlement with the Scientologists and about the significance of
Rosen's list of legal expenses [Exh. No. 137]:
[ ] The Court: "So - so those are two things that we said pretty
quickly. Now, what else is it you hope to obtain in this global
settlement, if anything?"
The Witness: "I just - I just want some peace and " [ ]
The Court: "Okay. What do you think they want from their global
settlement or whatever it is that they're calling it? Are you both
talking about global settlements, settling everything everywhere?"
The Witness: "So that we can "
The Court: "I assume `global' means you have cases in France and "
The Witness: "Germany, yes."
The Court: "So when I hear `global,' I presume you're hoping to settle
everything and go away and not bother them and they not bother you?"
The Witness: "That is correct, your Honor."
The Court: "So that is what you want. What do you think they want?"
The Witness: "They want me to leave them alone and not fund any
litigation, you know. I don't know what else they want. I know they
don't want me to be funding litigation or attacks on the Church of
Scientology, or helping people attack the Church of Scientology,
anymore."
The Court: "Okay. Do you think they want money?"
The Witness: "I believe they expect it. Yes."
The Court: "Is there any thought in your mind as to what that amount
would be?"
The Witness: "Well, your Honor, I believe that would put me in a very
bad negotiating position if "
The Court: "So you don't know anything about money, except that first
meeting you were shown something that suggested this is what you've
cost the Church, this 34,925,000 figure - $ 34,925,000."
The Witness: "Well, you know, I'm not, you know, expecting to deal
with that kind of amounts of money, your Honor."
The Court: "I understand that. But you basically told us you had no
discussions of anything I can put my fingers on and understand. So the
only thing I know of that has ever been discussed at the very first
meeting "
The Witness: "New York."
The Court: " you were shown something by a lawyer from the Church of
Scientology who said - or he said, or something -- `This is what all
these cases, we figure, you have cost us.'"
The Witness: "Well, you know, I added them up, as I said."
The Court: "In your head you added them up?"
The Witness: "Right."
The Court: "So you don't expect to pay more than that? That is true?
And you're hoping, obviously, you'll have to pay as little as
possible. Is that it?"
The Witness: "Yes, your Honor."
The Court: "And when it is all done, it is your hope, what, that the
lawsuits will be gone, whatever it cost you for the - with the
lawsuits will be gone?"
The Witness: "Yes, your Honor."
The Court: "Okay. And then you don't plan to put yourself in a
position where you'll be suing them or they'll be suing you in the
future. Is that it?"
The Witness: "Absolutely not. I want to be in that position. I don't
want, you know, any overt or covert hostility of any sort in the legal
arena, through private investigators or whatever, between me and the
Church of Scientology. I would just like for them to get on with their
activities and for me to get on with my life."
It is evident from his testimony that Minton expects to regain his
former personal and legal freedom by paying off the Church of
Scientology with an amount of several million dollars. It is also
evident that the Church of Scientology used Minton as an odd-job man
to destroy two major civil cases, which had caused the organization
great costs and bad publicity, the Wollersheim case and the Lisa
McPherson case.
Up to this day it is not clear what the Church of Scientology has
found out about Minton's financial background. According to earlier
statements of Minton, private investigators working for the
organization scrutinized extensively his past and present life. Minton
also said that it was Scientology investigators who had stirred up the
rumors of an alleged billion dollar fraud in connection with his
business deals for the government of Nigeria.
The question whether or not the Church of Scientology is in possession
of evidence that would incriminate Minton will probably remain
unanswered. It is nevertheless a fact and it has already been proven
through the recent legal developments in the McPherson/Wollersheim
cases that the organization is unscrupulous enough to exploit Minton's
current situation in order to capitalize in all areas of Minton's
prior activities. And that includes Minton's fortune as well, in view
of the future financial compensation that the organization has
demanded from Minton in exchange for leaving him alone.
1 Jan 2003
paid - $ 14,400,000
to be paid - $ 4,500,000
E) Courage/TRO - $ 20,000
B) we'll have to pay - $ 3.0 Mill
C) poss. [?] $ 8.5 Mill
B) we'll have to pay [?] - $ 500,000 [ ]
B) we'll pay - $ 25,000
B) [illegible] - $ 50,000
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