Subject: Re: "BIG WIN" FOR David Mayo From: mayo@lightlink.com (David Mayo) Date: 1996/04/23 Message-Id: <4li456$2d9@light.lightlink.com> Sender: electra@light.lightlink.com Organization: Art Matrix - Lightlink Electra Gateway v2.4 Newsgroups: alt.religion.scientology Article Segment 1 of 2 (Get All 2 Segments) -----BEGIN PGP SIGNED MESSAGE----- sgoehrin@copper.ucs.indiana.edu (scott goehring) wrote: >In article <4lfgqu$44a@cougar.vut.edu.au>, >David Gerard wrote: > >>That's not an award to Mayo, it's attorney fees, yes? That means it's >>a lawyer's bill. They BETTER pay, one assumes. It's a _sanction_ for abusive litigation on the part of the RTC/CofS litigants, which awarded attorneys fees. >as i understand it, David Mayo has already paid the attorneys, out of >the $5.5M grant from Gerbode that the Scientologists are now trying to >call a "loan" and are trying to collect on (David, please correct me >if i am confused on this matter). so the money goes to Mayo directly. The short answer is that I don't owe COST (Church of Spiritual Technology) anything. The San Mateo lawsuit is an attempted end run around having to pay out the 2.9 million dollars by RTC/CofS litigants. More abusive litigation to avoid paying the sanction for abusive litigation. Longer explanation: First of all the 5.5 M is a grossly inflated figure. Secondly, Gerbode donated, and took as a tax deduction, a large sum of money to the Church of the New Civilization. According to an Internet posting by Gerbode: "I put about four million into the fight. Three million of that was an out-and-out donation, tagged as such in my tax records, which were duly audited by the IRS ..." In 1991 Gerbode decided that he wanted to start characterizing part of his contributions as loans and a 1991 agreement was signed, but no figure was reached as to the amount. Meanwhile, Gerbode continued to make donations, not loans. In 1993 a confidential agreement was made between CNC, Mayo, the lawyers involved and Gerbode. This agreement superseded and cancelled all prior agreements (which included the 1991 agreement). In 1994, David Miscavige, head of Scientology(tm) approached Gerbode and had meetings with him. Followed by further meetings between Gerbode and Mike Rinder, (head of OSA). According to an ars posting by Gerbode of 12 June 1994: "...after many hours of personal discussions with David Miscavige and more hours of discussions with their lawyers and paralegals, much of which contained a fair amount of "sturm and drang", I finally, as of 3Jun94, reached a mutually satisfactory settlement agreement... the terms of the settlement are confidential." "The bottom line is that the war is over, thank God! It has been ten years of picketing, plants, embarrassment, and detectives, ten years of massive legal expenses, when all I really ever wanted to do was to discover the secrets of the universe..." Gerbode revealed in his 11 Oct 1994 posting: "...if I had been in communication with David when TOS initiatied the settlement discussions, they would not have continued the discussions ..." The result of this was that Gerbode and RTC/COST entered into a confidential agreement which violated Gerbode's contract with Mayo, et al. COST asserts that Gerbode signed over the 1991 agreement and COST asserts it is valued at 5.5 million dollars. Gerbode explains this in his posting of 11 Oct 1994: "In order to get them to settle with me, I had to give them the impression that they were somehow getting a big win from it. I realized that they would probably make trouble for David around the assignment, but I had no idea they would actually 'sue' for the money, since it was my understanding that nothing would be owed to me anyway until and unless CNC got some money from TOS." [Gerbode coined the term "TOS" to mean "The Old School" to refer to the Scientology(tm) corpns.] "Furthermore, per the second agreement, my receiving money from any judgment or settlement was contingent on my making a certain number of payments to CNC in support of their litigation. I failed to make the last two or three payments, so as I see it, CNC doesn't actually owe me anything, at this point, since I violated my side of the agreement and thus, following the assignment, they don't owe TOS anything."