Mon, 10 Jun 1996 08:02:04 +0200
From: David Mayo <email@example.com>
Un-Fair Game is a new term, coined here to describe an UnFair use of law enforcement agencies in the furtherance of "Fair Game."
The Fair Game Law, Scientology's(tm) policy towards its 'enemies': "May be deprived of property or injured by any means ... May be tricked, sued or lied to or destroyed." L Ron Hubbard, HCOPL 18 October 1967.
On August 4, 1994, Scientology(tm) utilized INTERPOL, the US DEA (Drug Enforcement Agency), and the DNCD (Dominicana Nacional Control de Drogas) to try to enforce Scientology's(tm) religious beliefs on me, to persecute me and to get me jailed by false allegations to INTERPOL. INTERPOL had received and acted on a report that I was "practicing Scientology(tm) without a license"; that I had "destroyed Scientology(tm) property"; that I was "representing" myself as a "Scientologist". Ventura Bayonet, head of the Dominican Republic DNCD said that he decided to act as a result of a phone call from INTERPOL alleging that I had damaged "millions of dollars of Scientology(tm) property".
I was not representing myself as a Scientologist nor was I practicing Scientology(tm), with or without a license. I had not "damaged" Scientology(tm) property. By 1992, all of the civil lawsuits brought against me by Scientology(tm) had been dismissed and in January 1993, the Central District of California had sanctioned RTC/Scientology(tm) plaintiffs 2.9 million dollars for abusive litigation against me.
I had left Scientology(tm) in 1983, and had made it clear that I was no longer associated with the Church of Scientology(tm) and that I had disagreements with many of their practices. (Note: Even when I was in the Church of Scientology(tm) I wasn't required to be "licensed" to practice Scientology(tm). Furthermore, in the lawsuits the judge had determined that any agreements that I had signed while in Scientology(tm) were not valid contracts.)
In court order of Jan. 20, 1993, Honorable James G. Koltz stated regarding plaintiffs, Church of Scientology(tm) and RTC: "Plaintiffs have abused the federal court system by using it, inter alia, to destroy their opponents, rather than to resolve an actual dispute over trademark law or any other legal matter. This constitutes 'extraordinary, malicious, wanton and oppressive conduct..." For the rest of this decision, http://superlink.net/~mgarde/scott3.txt and related litigation and opinions http://superlink.net/~mgarde/opinions.html
I was persecuted by INTERPOL, at the direction of David Miscavige's RTC/Church of Scientology(tm). On August 4, 1994, our residence was surrounded by approximately 15 armed police, military and DNCD agents. I was not charged nor was I resented with any order but I was handcuffed. My home was searched for fire arms, drugs and money. No drugs or firearms were found. Nonetheless, I was taken to two police stations and eventually taken to Santo Domingo where I was put in prison with no charges, explanation or reason. I wasn't allowed to make a phone call to anyone -- not even to a lawyer, to my wife or to the American Embassy. That night, I was put in a small cell (about 12' x 12') stuffed with 10 - 12 other men overnight in abhorrent conditions -- I had not been permitted food or water since the afternoon, there was no place to stretch out, the cell was filled with stench due to a blocked toilet and there were flies and mosquitoes. The next day I learned that it was INTERPOL that was investigating me at the request of Scientology(tm). I was released the next night, without being charged, but the incident was shockingly unexpected and intimidating. The harassment didn't end there.
"By its constitution INTERPOL is forbidden to undertake any intervention or activities of a political, military, religious, or racial character." (http//www.rcmp-grc.gc.ca/html/interpol.html) The last thing it should have been done was to have my house searched without a warrant, have me detained at gun point, have me thrown me in jail under harsh and unsanitary conditions and interrogated at the request of Scientology(tm). Scientology(tm) purports to be a religion. For the Church of Scientology(tm) to get INTERPOL to persecute a former member and to take action against me for charges that they had failed to win in their extensive litigation against me and my church is clearly having INTERPOL interfere in religious matters.
For decades Scientology(tm) had been at logger-heads with INTERPOL but this changed in 1994, just months before my persecution by INTERPOL. Per a declaration by David Miscavige, Chairman of the Board of RTC, in January 1994, he had pre-arranged meetings with the IRS and with INTERPOL. Per Miscavige's declaration, "In Washington, I met with the head of INTERPOL, Raymond Kendall, ... This meeting had been arranged for more than a month and since this individual was traveling all the way from INTERPOL headquarters in Europe, ... . .During that same week, .. , I met with IRS officials in a similarly pre-arranged meeting..."
These meetings came soon after the Church of Scientology(tm) conglomerate had gotten its tax exempt status in the U.S., as part of a secret settlement. Scientology(tm) had been represented by Monique Yingling, Esq., wife of Gerald Feffer. (http://www.cybercom.net/~rnewman/scientology/media/amlawyer-7.92)
In June 1994, Monique Yingling, William Drescher, (Scientology lawyers), Michael Rinder (head of OSA),and Merril Emerick (Gerbode's lawyer), paid a surprise visit to Mayo/CNC lawyer, Jerold Fagelbaum. They announced that they had made a secret deal with Gerbode in which Gerbode had been persuaded to break his contract with Mayo, CNC and their lawyers. (Gerbode was, at that time, the main contributor to the Mayo/CNC legal defense fund.) RTC/Scientology tried to persuade Fagelbaum, to not continue trying to collect the 2.9 million dollar court awarded sanction Scientology(tm) was supposed to pay and not to pursue our counter claims against Scientology(tm).
In late July 1994, I received phone calls from Mike Rinder, head of OSA. He wanted to me to fly to Miami and meet with OSA on my own, without my lawyer present, to discuss the above and a possible settlement offer. I repeatedly declined to meet him alone and I told him that if he had a settlement proposal to send it to my lawyer. He refused and ended the last phone call with a threatening, "Wait and see what happens next!" I found out about a week later.
August 4, 1994, mid-morning. My residence in Perla Marina, Sosua, Dominican Republic was surrounded by armed DNCD (Dominicana Nacional Control de Drogas), police and soldiers. It was a big operation including about 15 armed personnel, jeeps, motorbikes, walkie-talkies. According to eye witness accounts, many of them hid in the bushes and behind trees. At the time, I was out and didn't return to the house until after lunch. Luckily, my wife, Julie, had flown to Miami earlier that same morning. Neighbors and workers in the area were questioned about my whereabouts.
August. 4, 1994, midday. When the DNCD not find me at home, they took Juan Perdomo, one of the owners of the residential community, into custody (in jail), to hold, until I could be found.
August 4, 1994, approximately 2 PM. Walking unsuspectingly home from the bus stop, carrying some groceries and a small orchid plant, I was stopped at gun point by men (in civilian clothes) who rode up on motorcycles and they detained me until armed DNCD agents and Dominican police arrived. They did not permit me to continue home. I was taken to a police station in a jeep held there while Juan Perdomo was released and then driven to our house. There I was handcuffed and escorted into my house at gun point (machine gun). I was not allowed to make a phone call, not even to my wife or lawyer or to the American Embassy. My home was searched for drugs, firearms, money. No drugs or firearms were found and the approximately $1,400 in cash, that was found in the house and on my person, was confiscated by DNCD. I was interrogated in the house but no explanation was given to me as to why I was being "investigated" by the DNCD. I was ordered to get my toothbrush and enough underwear for approximately 3-4 days in jail. All the money I had, approximately $1200.00; my credit cards, and ID including my passport were confiscated.
I was kept in handcuffs and driven to the police station in another city (Puerto Plata) still covered by a soldier with a machine gun. I was kept waiting there for a few hours. Then the items that had been confiscated including my money were written with a few carbon copies (I was not permitted a copy). I was however given a small amount of cash back to buy water and bread from police, while in jail.
August 4, 1994, evening. I was driven to Santo Domingo, capital of Dominican Republic, approximately 4 - 5 hours away, still in hand cuffs in a jeep, still covered by a soldier with a machine gun.
August 4, 1994 about midnight. I was put into a tiny cell which already held approximately 10 other men who were "being held under investigation" on other matters. The conditions were deplorable and completely unsanitary. The plumbing was not functioning and the stench was unbearable. Most of the inhabitants had to sleep curled or crouched on the floor and there was not enough floor space for them to stretch out in. Water and food were not provided. No reason was given to me for being detained and my requests to be allowed to phone my wife, lawyer, or the American Embassy were again denied. I was only told that I was being investigated by order of General Ventura Bayonet, the DNCD (Dominican drug police).
August 5, 1994, midday. I was again handcuffed and driven from the prison to another building, the headquarters of the DNCD and first put in a waiting room where people who had been interrogated were recovering on sheets of newspaper spread on the floor and people about to be interrogated were able to see those who had gone before them. I was there about a quarter to half an hour, then I was taken to the DNCD interrogation room. I was frightened, still in shock from the day before and unbearably thirsty.
August 5, 1994 about 1:00 PM. The officer who was to interrogate me introduced himself --but it was not the DNCD who wanted to question me at all, it was INTERPOL: Captain Antigua of INTERPOL. He was polite. He explained that INTERPOL was using DNCD facilities but he as an INTERPOL officer would be doing my interrogation. I was surprised. I was even more surprised when he asked the first question: "What do you know of the AAC (Advanced Ability Center) Santa Barbara?" The next questions related to the AAC in Santa Barbara during the period of 1983-1985. The questions had nothing to do with drugs. After that set of questions, I was asked questions that sounded similar to questions that Scientology(tm) lawyers had asked me in depositions but had not gotten answered as my lawyer had objected. (I thought: a new and novel way for Scientology(tm), the most litigious "church" in the world, to conduct discovery.)
My check book (cheque book) and credit cards were photocopied and I was asked for further information about these and my accounts and balances.
Another man had joined the INTERPOL captain and he said he was from the Dominican secret service but didn't show I.D. He did have a copy of a Reader's Digest, containing an article on Scientology(tm) and wanted to know if I'd read it. He told me that Scientology(tm) had been kicked out of the Dominican Republic some years earlier. I was asked about owing Scientology(tm) millions of dollars and had to repeat several times that it was the other way around: Scientology(tm) owed us 2.9 million dollars as awarded by a US court. (They acted as if they had been told the reverse, that I owed 2.9 million as damages to Scientology(tm) property.) I was also asked if I was practicing Scientology(tm) in the Dominican Republic -which I was not.
The next questions were about whether I had ever made reports about Scientology(tm) to the IRS, FBI or other agencies. (Like that is now something for INTERPOL to investigate?!) My questions about why I was being asked these questions and at whose behest had been deflected with the bland, "We get our orders from higher up." until now but I told INTERPOL that I thought the questions must have come from Scientology(tm) and that I had cooperated with the IRS, FBI, and Ontario Provincial Police in their investigations into Scientology(tm) during the 1980's. I also told the INTERPOL and secret service agent that Scientology(tm) had previously tried to compel me to give this same information and the judge had ruled that I should not disclose information related to then on-going criminal investigations into Scientology(tm). I was asked for the names of any law enforcement agents involved in this investigations who knew me and there was more checking with higher ups. The INTERPOL agent told me his boss had confirmed that Scientology(tm) was, indeed, behind the investigation (no, no-one would give me anything in writing) and that it had been decided that I would be released that day. I was allowed to give money to a police person to buy a sandwich and some fruit juice (the first food or drink in over 24 hours).
Eventually I was released by order or permission of General (Contra-Almirante)Ventura Bayonet, head of the DNCD, but not until late that evening. I was released without having been charged, was told that I had not committed any crime and that I had not been arrested.
I wasn't able to get much of my money returned and the all the copies of the "receipt" had gone missing. I was however given more than enough of my own back to pay for a taxi myself -a five hour trip at night. I got home about midnight Friday night, August 5, 1994.
As soon as I could, I called the American Embassy and Consulate in Santo Domingo. I spoke with Carlos Medina and Pat Alsup and learned that on the day before I was picked up by DNCD/INTERPOL that a man, who had identified himself as a lawyer named Aldrich working for Scientology(tm), had called the American Embassy. He wanted to know if I was registered with the American Embassy and what my address was. The American Embassy advised him that they could not give out this information to him. One half hour later, they received another phone call but this time from a US DEA agent, asking for the same information.
When American Embassy personnel had heard that I had been picked up by the DNCD at the order of Ventura Bayonet, they contacted him. Ventura Bayonet advised the American Embassy that he had received a call from INTERPOL alleging that David Mayo had "destroyed millions of dollars worth of Scientology(tm) property", was "practicing Scientology(tm) without a license" and was "representing himself as a Scientologist". Ventura Bayonet said he had decided to act because of the allegation that David Mayo had "destroyed millions of dollars worth of Scientology property."
September 1994. A private investigator from Boca Raton, Florida, calling himself John Bertrant, called several of my clients, friends and supporters and gave them alarming news concerning "Mayo being in jail". When was the last time they had seen Mayo? Had they given Mayo any money? One of my clients inquired for whom was John Bertrant working. Bertrant said he couldn't say, but that it was a group and that he had done extensive contract work for the CIA and other government agencies.
September/October 1994. C.O.S.T., (Scientology's Church of Spiritual Technology corporation), filed suit to collect on the assignment from Gerbode in San Mateo County. C.O.S.T. immediately requested that the 2.9 million sanction be attached so that if we, (Mayo/CNC defendants), prevailed in their appeal to the Ninth Circuit and were able to go after the award, it would be tied up in San Mateo so we still wouldn't be able to collect it. Scientology's C.O.S.T. corporation filed the San Mateo lawsuit against the Church of the New Civilization, me and my wife.
October 1994. Margaret Dellerson, retired homicide detective from Florida, flew to the Dominican Republic "to serve" the C.O.S.T. lawsuit on the us in October 1994, so read a declaration submitted in the C.O.S.T. suit. Margaret Dellerson hired a couple of off-duty policemen and went to our residence when we weren't there. She attempted to break into the home, but was stopped by "Chago" and his machete. ( Chago was watching the house for us.) The off-duty policemen agreed with Chago that Dellerson's actions were illegal and Dellerson and her two "bribed" cops left. However, Dellerson wrote in a declaration, that our home had been guarded by 4 men, two with firearms. (False) (It was being guarded by Chago and his machete.) She also falsely asserted that we were at home, when we actually were in Miami.
January 20, 1995. The DNCD went to a hotel and picked up two persons who had recently arrived in the country to visit me and took them to a police station for questioning. Teniente De Leon, of the Puerto Plata DNCD, asked them if the knew me, how long, what they knew about me and as to whether they had paid me $50,000.00! (They had not.) The DNCD said they believed that the FBI had ordered the investigation.
January 24, 1995. After a series of phone calls, my wife and I went to the American Consulate in Santo Domingo to see their Citizen Services staff. We felt persecuted in the Dominican Republic. First the DEA, DNCD, and INTERPOL had harassed us after receiving reports from Scientology(tm), and now the DNCD believed that the FBI had ordered them to investigate us. Could the American Consulate find out if the FBI really had ordered the DNCD investigation, or was it a private investigator impersonating an FBI officer? We received an answer several weeks later -- the FBI had not ordered an investigation into the Mayos.
March 26, 1995 While traveling outside the Dominican Republic, Chago left a message on our voice mail in Miami: "Problema muy grande". He'd been in jail Saturday and Sunday, was questioned about where we were, when we'd be back, what we do, etc..
March 27, 1995. The Mayor of the DNCD interviewed Guido Perdomo and one of our neighbors. It started out with the DNCD wanting to search the house (again) and asking how close the house was to the beach. If close to ocean, perhaps the house could be used for drug smuggling ... ("No. The house was not close to the beach.") The DNCD looked in the windows of the house and found that it was a small home, modestly furnished, and our only transportation was a motor scooter and a couple bicycles. We didn't even have a car. The DNCD quickly lost interest in the house and switched to questions about acquaintances of the Mayos. Did the neighbor and Perdomo think that these two people questioned earlier may have paid the Mayos $20,000.00? Neither Perdomo nor the neighbor thought so. They had quibbled over their hotel bill and hadn't even paid their attorney bill, Perdomo reported.
On May 15, 1995 Julie flew back home to the Dominican Republic to take care of some personal matters. I was elsewhere attending to other matters and couldn't come with her. When she arrived, Chago informed Julie that Margaret Dellerson, the Scientology(tm) private investigator from Florida, had been seen, recently.
The next day, May 16, 1995, at the airport, Julie was stopped at passport control. Medina, DNCD agent, had a picture of her. She was detained for five hours during which time she was searched and questioned by several DNCD agents: Bautista, Medina, and Corcino. She was asked repeatedly as to where I was. They had a file of me, including a copy of the passport that INTERPOL had photocopied. They had a picture of her windsurfing. They threatened to put her in jail while they continued the investigation, and wouldn't allow her to make a phone call, even to the American Embassy. (This despite the fact that she was not doing anything illegal.) Medina finally admitted to her that they were put up to it by Scientology(tm). After five hours, she was released and told she could catch the next plane out.
We have been driven out our home, and haven't returned. This has caused us suffering, higher living expences, instability in our lives and other difficulties in conducting our affairs. The adverse effects also touch us on a personal level, for example, I may never get to see my orchids again.
The harassment described herein, in my opinion, goes beyond persecution; it may amount to international terrorism.
"I dreamed I was falling into a vortex of evil. It was terrifying. I couldn't stop falling. So I accelerated, hoping to pop out the other end."