AFFIDAVIT OF WILLIAM FRANKS
I, WILLIAM FRANKS, hereby state under the pains
and penalties of perjury that I have personal knowledge of the
following:
1. I joined the Church of Scientology in 1968 and
between 1970 and 1979 at various times, I have worked directly
and personally with L. Ron Hubbard. In December 1979, I
was appointed by Hubbard to be "Senior Management Executive
International." In this position, I was in charge of all of the
administrative bureaus of the Church of Scientology throughout
the world, and worked on a regular basis with all of the highest
ranking officials of the Church of Scientology, including Mary
Sue Hubbard, David Miscavige, John Nelson, Herbert Parkhouse,
and many others.
2. In December 1980, I was appointed by L. Ron
Hubbard to be "Executive Director International" of all Churches
of Scientology throughout the world. I saw an order written by
L. Ron Hubbard himself appointing me to this position. The last
Executive Director International was L. Ron Hubbard himself, who
allegedly resigned from that position in 1966. Therefore, by
virtue of this appointment, which was a lifetime appointment, I
was senior to every Scientology executive throughout the world.
Theoretically, since I held the post of Executive Director
International, no person, even L. Ron Hubbard, could countermand
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my orders. However, as I learned shortly after my appointment,
this was not how Hubbard intended me to operate.
3. Within a period of weeks following my
appointment, I learned that I was required to sign and file a
written resignation as Executive Director International which
was undated and which could be used at any time to remove me by
Hubbard. This was in keeping with the policy of Hubbard that
every Church of Scientology corporation officer or director must
resign in advance of their appointment and sign undated letters
of resignation so that they could be removed by Hubbard at will.
4. Additionally, I learned that I was to receive
all of my orders and directives through David Miscavige, who
held the position of being the direct liaison to L. Ron Hubbard,
who at that time, was in hiding. As the administrative head of
the Church, I actually would receive my orders from Hubbard via
Miscavige and implement the orders.
5. Throughout the period of time that I served as
Executive Director International, I observed the highest leaders
of the Church use documents and activities relating to illegal,
criminal, and tortious conduct against many individuals who have
been designated enemies of the Church. These individuals
include Attorney Michael J. Flynn and many of his clients. At
this time, Michael Flynn was one of the three top enemies of
Scientology.
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6. In 1980 and 1981, I have personal knowledge of
many orders issued by L. Ron Hubbard concerning attacks against
Michael Flynn. Hubbard considered Flynn to be a "whore" and
Hubbard ordered him to be totally ruined. We were ordered to do
a complete investigation of Flynn, find or "manufacture " crimes
he had committed, expose his "crimes" to his clients and to law
enforcement officials, ruin his law practice, have him disbarred
and file numerous law suits or bar complaints against him
without regard to whether the complaints were meritorious or
not. L. Ron Hubbard personally ordered all these activities and
I saw many of the orders.
7. In 1980, L. Ron Hubbard personally ordered
Michael Flynn's trash to be picked up and gone through on a
daily basis. This was part of a huge investigation of Flynn
which Hubbard had ordered. According to Hubbard, and
Scientology policy, any individual who attacked Scientology must
be a criminal. Therefore, Hubbard ordered us to do as thorough
an investigation of Flynn as possible, to uncover Flynn's
crimes. We were ordered to go all the way back to his days in
law school.
8. When Hubbard ordered someone's crimes to be
found, his agents would "manufacture" crimes, if actual crimes
could not be found or did not exist. In fact, Hubbard's policy
on this issue specifically stated as follows:
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"In the face of danger from Govts or courts there
are only two errors one can make: (a) do nothing
and (b) defend. The right things to do with any
threat are to (1) Find out if we want to play the
offered game or not, (2) If not, to derail the
offered game with a feint or attack upon the most
vulnerable point which can be disclosed in the
enemy ranks, (3) Make enough threat or clamor to
cause the enemy to quail, (4) Don't try to get any
money out of it, (5) Make every attack by us also
sell Scientology and (6) Win. If attacked on some
vulnerable point by anyone or anything or any
organization, always find or manufacture enough
threat against them to cause them to sue for
peace. Peace is bought with an exchange of
advantage, so make the advantage and then settle.
Don't ever defend. Always attack. Don't ever do
nothing. Unexpected attacks in the rear of the
enemey's front ranks work best."
Consequently, Hubbard's agents routinely manufactured incidents
and created incidents so that we would have "proof" of the
crimes our enemy had committed. A copy of the policy is
attached hereto.
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9. Once we had found Flynn's "crimes," we were
ordered to expose them. Consequently, the Guardian's Office
agents contacted Flynn's clients, Scientology and
non-Scientology, with the intent of separating Flynn from his
clients in order to destroy his law practice. Those were
Hubbard's orders.
10. It was the policy of Hubbard and the Church
of Scientology throughout this time, to use the law to " attack"
and "harass" its enemies by bringing frivolous lawsuits against
them. Hubbard himself ordered lawsuits to be brought against
Flynn and his clients. These lawsuits were brought without any
concern as to whether they were meritorious or not, the whole
purpose was to "bury" Flynn in these suits. The filing of these
suits was to be very highly publicized by our public relations
people so that Flynn's reputation in the community would be
further harmed.
11. Pursuant to Church policy, because Hubbard
had ordered certain policies and operations to be taken against
Flynn, he would be informed of all actions taken pursuant to his
operations. Therefore, he was regularly briefed about attempts
to find Flynn's crimes, to expose Flynn as a criminal, to have
Flynn disbarred, the lawsuits against him, and other
operations. Hubbard would have also been informed of the
numerous attempts made by the Guardian's office to plant spies
in Flynn's office. These actions would have been taken pursuant
to Hubbard's orders to investigate Flynn as fully as possible.
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12. In 1981, we obtained from the trash, a copy
of a draft prospectus for a corporation named Flynn Associates
Management Corporation (FAMCO). This prospectus made it look
like Flynn was attempting to finance the Scientology litigation
by selling shares in the litigation. From the trash documents
and other investigations of Flynn's finances, we already thought
that he would not have enough money to finance the litigation.
In fact, Hubbard ordered us to find out who was paying Flynn.
This prospectus seemed to provide the answer, and it was sent to
Hubbard. In fact, we later received information that shares in
FAMCO were never sold or even offered.
13. After seeing the FAMCO prospectus, Hubbard
issued an order stating that this proved that Flynn was
sydicating litigation. We were ordered to have him disbarred on
the basis of the FAMCO documents. FAMCO was viewed as the best
method of ruining Flynn's reputation in the legal community
because he had engaged in unethical conduct. Hubbard further
ordered that Flynn's clients be contacted and informed about
FAMCO and that Flynn would be shortly disbarred and sent to
jail. An attorney in Boston, Harvey Silverglate, was specially
hired to make sure that Flynn was disbarred. He was instructed
to file bar complaints and make sure that Flynn was unable to
practice law. At that same time, we were filing bar complaints
and trying to ruin Flynn's reputation, we had received
information that FAMCO shares had never been sold and nothing
was ever done with this corporation. In other words, we knew
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our allegations about Flynn and his involvement with FAMCO were
false. Nonetheless, pursuant to Hubbard's instructions to ruin
Flynn, we still made the allegations and attempted to have Flynn
disbarred.
14. After Hubbard ordered me to fire his wife,
Mary Sue Hubbard as controller, I no longer saw copies of
Hubbard's orders to the Guardian's Office. These went directly to
Norman Starkey and Terry Gamboa. Nonetheless, Starkey and
Gamboa frequently referred to orders they received from Hubbard
including his instructions on how to follow up on the
disbarrment proceedings. Again, pursuant to Scientology policy,
because Hubbard had ordered certain actions to be taken, he
would have been briefed and informed about all actions taken
pursuant to his instructions.
15. In November 1981, I came into increasing
conflict with David Miscavige, the man who relayed Hubbard's
orders to me and everyone else in Scientology. The reason for
this conflict was because I attempted to block many of the
criminal and illegal operations implemented by Miscavige and the
Guardian's Office on behalf of Hubbard. In December 1981, I was
removed from my position, and then held against my will and
locked up in Gilman Hotsprings, California for a period of
weeks.
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16. While I was Executive Director of the Church
of Scientology, we continually attempted to shield L. Ron
Hubbard from any legal liability as a result of Church of
Scientology activities. To do this, we continually lied in
sworn affidavits and depositions about our contacts with L. Ron
Hubbard, his control of the Church of Scientology, and our
knowledge of his whereabouts. These perjurious statements were
intentionally and willfully made, with the knowledge of Hubbard
himself. In fact, he ordered many of the statements to be made.
The principal responsibility of attempting to shield Hubbard
from legal liability was handled by Norman Starkey and Terry
Gamboa. I had numerous discussions with Starkey and Gamboa
about shielding Hubbard from legal liabilities, despite his
total management control over all phases of the Church of
Scientology operations.
Signed under the pains and penalties of perjury
this 3rd day of April, 1985 in Boston,
Massachusetts.
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