Final Ruling RE: The Saraswati Charitable Trust donation to Airavata

[Guest guest]

Dear Mukhya Prabhu,

 

Please accept my humble obeisances. All glories to Srila Prabhupada.

 

Sesa Prabhu, the GBC Minister of Justice, recently sent out his final ruling

on the donation misuse by Airavata dasa. As this is very important information

for the protection of ISKCON's donors, could you please post Sesa Prabhu's

letter to all PAMHO users as soon as possible.

 

Thank you,

 

Your servant,

Satyanarayana dasa

 

 

Final Ruling RE: The Saraswati Charitable Trust donation to Airavata das

 

By Sesa dasa

ISKCON Minister of Justice

 

Dear Prabhus:

 

Please accept my humble obeisances. All glories to Srila Prabhupada.

 

This is the Final Ruling of the ISKCON Ministry of Justice in the matter its

investigation of the complaint filed with the ministry by The Saraswati

Charitable Trust concerning verification that its donation of $5000 given to

Airavata das, which was to be specifically used for printing Srila

Prabhupada's Beyond Birth and Death in Turkey, was actually used for this

specific purpose.

 

This Final Ruling has been arrived at after an investigation by the Minister

of Justice, the issuing a Tentative Ruling on June 4, 2000, and after

receiving comments on the tentative ruling from Airavata das, Satyanarayana

das (the Trustee), Brahma Muhurta das, and a list of ten named devotees of the

Turkish Yatra.

 

The basis for the ISKCON Ministry of Justice's involvement in this matter is

found in the Mission Statement of the ministry as it was stated at the time

the ministry was approved by the Governing Body Commission:

 

"To strengthen Srila Prabhupada's International Society for Krishna

Consciousness by promoting integrity in Vaisnava interaction."

 

The complaint was formally submitted to the ministry in December 1999. Over

the following six months I, the Minister of Justice, engaged in discussion of

this matter, both in person and via e-mail, with the following persons:

Airavata das, Satyanarayana das, Harivilas das, Jaya das, Brahma Muhurta das,

Hari Sauri das, and numerous other interested individuals.

 

The six month period of the investigation allowed sufficient time for all

concerned parties to reply to questions, locate and/or provide evidence of

their positions, and to register their viewpoints and/or objections about the

process. The four week period between issuance of the tentative ruling and

this final ruling allowed additional time for presentation of evidence and/or

addressing the specific issues presented in the tentative ruling.

 

Satyanarayana das had originally requested that Airavata das provide proof

that he had used the donation for printing the books by sending him copies of

the printed books, by producing an invoice for the printing, and/or sending

photos of the cartons of the printed books. Subsequently, Airavata das sent

six copies of the Turkish Beyond Birth and Death to Satyanarayana das.

However, in his original complaint Satyanarayana das explains why receipt of

these copies did not satisfy him, and why this matter is before the Minitry of

Justice:

 

"Regarding getting copies of the book, he did send me 6 copies of the BBD.

However, they clearly appear to be from an earlier printing of books currently

being distributed by devotees, and which are being stored in Bulgaria. Not

from any current printing of the book. Regarding the photos, he sent me no

photos of the book cartons or the printer, just a few pictues of a devotee

distributing a BBD. Jaya dasa, who just returned from Turkey, tells me that he

has found no evidence whatsoever of the existence of these 80,000 books

anywhere, even from talking to the devotees who have worked with Airavata."

 

Thus, it was with the specific purpose of verifying that Satyanarayana das'

donation of $5000 to Airavata das was specifically used for printing Srila

Prabhupada's Beyond Birth and Death in Turkey that the Ministry of Justice

began its investigation of this matter.

 

In addition to answering the simple question of the complaintant,

Satyanarayana das, as to whether Airavata das had indeed printed Beyond Birth

and Death in Turkey with the $5000 donation, during the course of the

investigation the following issues were identified as important to resolution

of this matter:

 

The responsibility of ISKCON and BBT representatives in relation to donors and

preaching strategies in their respective areas. Airavata das had represented

himself to Satyanarayana das as both the regional secretary for Turkey

(Harivilas das is the GBC) and the BBT representative for printing and

distributing BBT books in Turkey (Brahma Muhurta das is the BBT Trustee for

Turkey). See Note 1.

 

During the early stages of the investigation many commentators, both those who

approved and those who opposed the processes used by the ministry in its

investigation, agreed that if evidence in the form of an invoice for the

printing could be produced, the matter could be resolved.

 

Because Airavata das was working under an arrangement with the BBT for

printing and distributing books in Turkey, the ministry contacted Brahma

Muhurta das, the BBT Trustee, to ask about his knowledge of any printing

activity in Turkey by Airavata das. Brahma Muhurta das informed the ministry

that they were unaware of any recent printing of Beyond Birth and Death.

 

Subsequently, the BBT requested that Airavata das send them 10 copies of the

printed book. In response Airavata das sent one copy of Beyond Birth and Death

to the BBT. Brahma Muhurta das then wrote to the ministry to following letter:

 

 

Letter COM:3113206 (34 lines)

28-Mar-00

Re: Turkey

 

[brahma Muhurta das speaking]

 

> > Three days ago, we have received one copy of Beyond Birth and Death, > >

allegedly printed in Turkey. > > > > We compared the book with the book we

have on file. The one sent from > > Istanbul is in fact different. The text

part of the old book has been > > shot with a repro camera, and for the cover

the pictures from the old > > cover were scanned in and then the cover was

assembled, most probably > > digitally. > > > > So it seems there has been a

recent print run. Of course it is > > impossible to say how many copies were

printed.

 

[sesa das speaking]

 

> My question to you now is whether you accept the sample sent to you as >

definite proof that there was a print run, excluding other possibilities of

how the sample sent to you may just have been quickly produced (one or two

copies only) to take the heat off any investigation of whether there was an

actual printing? I just need some official conclusion from you as both

interested parties and authorities on printing.

 

[brahma Muhurta das speaking]

 

Dear Sesa Prabhu, pamho. AgtSP.

 

The sample I received has been printed in the offset process. That in itself

is proof that there has been a print run. But there is no way for me to

determine whether 100 copies were printed or 100,000.

 

It is possible to give such a small book to a printer and order 500 copies and

get them within five days.

 

So ultimately, no one can tell.

 

ysbmd (Text COM:3113206) --------

 

While the above exchange indicates that copies of Beyond Birth and Death were

printed, the ministry could not answer the question before, ie whether $5000

worth of books were printed, and thus pursued the matter further.

 

At a later stage in the investigation, the ministry's request for proof was

simply that Airavata das supply the name of the printer so that there could be

some neutral verification that the books, in the quantity that could be

purchased for $5000, were indeed printed.

 

Throughout the investigation Airavata das has maintained that the

confidential, and even dangerous, nature of preaching and book distribution in

Turkey, a Muslim country, were the main obstacles to providing the requested

proof that the books were printed. In the following letter, which quotes an

exchange between Airavata das and Brahma Muhurta das, Airavata das maintains

that the books were printed "unoffically," and that to reveal the name of the

printer would lead to danger:

 

Letter COM:3111761 (28 lines) Sesa ACBSP 27-Mar-00 07:59 To:

Airavata das (Turkey) Subject:

Books --------------------------- Prabhu:

 

The following is a quote from your recent exchange with the NE BBT:

 

> > NE BBT responds: > > >Please let me know how many you printed, the

printing price, how many have been distributed and where the rest of them are

located. Please send the invoice from the printer and 10 >copies of the

book to the BBT. > > > Airavata responds: > > >I am in Turkey now and can give

you exact information. The printing price > >is 7 cent. 70,000 books were

printed. I am looking now for the devotee > >who managed printing and storing

the books. Since books were printed unofficialy the printer refusing to

give any invoice. I can send you 10 copies but who will pay for posting?

 

Sesa speaking:

Based on this exchange, and in an effort to move toward resolving this matter,

I am requesting you for provide the name of the printer to a neutral third

party. Perhaps because you already have some working relationship with regard

to printing with the NE BBT, they would be to appropriate third party.

 

Sesa das (Text COM:3111761) --------

 

The ministry sent the above quoted letter three times to Airavata das and each

time he responded by questioning what would be done with the name of the

printer.

 

At this point the ministry's investigation had come to an impasse, Airavata

das maintaining that the books were printed but unwilling to provide the proof

based on preaching considerations. Therefore, the question became who bears

the burden of proof, the burden of unlocking this impasse.

 

The ministry then explored the issue of confidentiality and danger involved in

preaching in Turkey to determine why it might have been necessary to print the

books "unoffically," and decide whether Airavata das' refusal to provide the

name of the printer was justified. Jaya das, a Turkish devotee who translates

Srila Prabhupada's books into Turkish and who has experience in printing BBT

books in Turkey explains that "unofficially" means that the laws were not

followed, "according to press laws over there every book printed in Turkey

must state the name and address of the publishing company and the printing

company and must have an ISBN number."

 

The following letter from Jaya das, who refers to a printing which took place

within weeks of the time when Airavata das maintains he printed the Beyond

Birth and Death in Turkey, clearly indicates that it is not necessary to

unofficially print Srila Prabhupada's books in Turkey:

 

Text COM3235833 (29 lines)

Thu, 11 May 2000

Dear Satyanarayana Prabhu,

 

All glories to Srila Prabhupada. Please accept my obeisances.

 

As you requested I am sending you an information about the Turkish Books we

got published last year. I went to Turkey in October 99 and after checking the

prices on the printing market I made a deal with a recently formed publishing

house in Ankara. By the help of the Lord we printed 2000 Bhagavad-gita As it

is and 2000 Chant and Be Happy in Turkish. We spent $4000 for these books.

Since they bear ISBN numbers we can sell them in the book stores. Sankirtan is

unpredictably dangerous over there and the best way to sell books is, selling

them in book stores. I attached the pictures of these books in this e-mail and

also a copy of a receipt given to the puiblishing house by the printing house.

Mr Tarik Uslu is the owner of the Gun Ltd. Publishing house and his cell#90

532 310 7040 The address is Alacam sok. No9/2 Cankaya, Ankara, Turkey. 1US $

was equal to 553.000 Turkish Lira at the time. Ata Matbaa is the printing

house and their address is Cihan sok. No:31/5 Sihhiye, Ankara, Turkey. Their

tel#: (312) 230 50 83, fax#: (312)230 6018. I hope the books will sell well

and Srila Prabhupada's message will be heard in that country. Rest is up to

Krsna who is the conquerer of hearts. I hope this meets you well and in

blissfull Krsna consciousness. Hare Krsna.

 

your servant,

 

Jaya das

 

The following letter from Harivilas das, the GBC for Turkey, clearly indicates

that it is not advisable or good preaching strategy to print books

unofficially in Turkey, and points to an answer as to who should bear the

burden of moving this conflict toward resolution.

 

Dear Sesa Prabhu. PAMHO.AGTSP. Thank you for your letter. There is no good

reason for printing books underground in Turkey. It only endangers the future

of our movement and makes us suspect in the eyes of the government. Above all

it makes us unaccountable to Satyanarayan Prabhu and the BBT. Satyanarayan

Prabhu cannot get proof that his donation was used for the purpose intended

and the BBT is cheated out of royalties and the guarantee that its delegated

agent in that country is a properly representing the best interests of the BBT

and Srila Prabhupada. . .Your servant, Harivilas das

 

The ministry concludes that the burden of proof that the printing of Beyond

Birth and Death, in quantities that represent the investment of $5000, did

actually happen is reasonably placed on Airavata das. Airavata das

independently chose a course of action. That action lead to the involvement of

Satyanarayana das who, as a donor to ISKCON, made a reasonable request for

information. It is in the interest of ISKCON that Airavata das provide that

information, and his refusal to provide the name of the printer, to a safe

neutral party as suggested, cannot be justified by the nature of the preaching

in Turkey. Airavata das has failed to meet this burden or present any

reasonable arguments or evidence why he should not have to meet this burden.

Therefore, the ministry's investigation must proceed through the above

mentioned impasse to conclusion absent input from Airavata das.

 

Throughout the course of the investigation Airavata das has failed to present

any proof, either the name of the printer, an invoice for the printing, or

pictures of the cartons of books to prove that he used the $5000 donation from

Satyanarayana to print Beyond Birth and Death in Turkey.

 

CONCLUSIONS

 

Based on the information provided to me and the analysis above, the ministry

cannot conclude that Airavata das used the $5000 donation of Satyanarayana das

for printing Srila Prabhupada's Beyond Birth and Death in Turkey.

 

Accordingly, the following ISKCON laws dealing with ISKCON Spiritual

Leadership have been compromised and/or violated:

 

5.6.2.5.6.6 Following Local Laws

 

The temple president should ensure that all local, state and national laws are

abided by all temple and community members. He should also ensure that the

devotees are following ISKCON diligently.

 

5.6.2.6.1.1 Receiving Restricted Donations

 

That as far as possible, donations to ISKCON should be accepted without any

conditions. However, donations ("Restricted Donations") may also be accepted

with limited conditions. ISKCON leaders must use donations with conditions in

accordance with the argreed terms.

 

Therefore, the ministry recommends the following:

 

1. Airavata das should not be allowed to represent the BBT in Turkey or any

other country. See Note 1.

 

2. Airavata das, other devotees working with him, and those whom Airavata das

has contacted or solicited money from through advertisement of his preaching

activities in Turkey, should be informed that Airavata das is not a regional

secretary or delegated leader in Turkey with independent powers. He must work

under the guidance of the GBC Zonal Secretary, particularly with regard to

receiving funds for the preaching there.

 

3. Airavata das must understand that ISKCON cannot condone any illegal

activity and that he must desist immediately from distributing books that are

not legally printed in Turkey.

 

4. It is the opinion of the Ministry of Justice that the following ISKCON Law

quoted below, passed at the 2000 Annual GBC Meeting, applies to Airavata das

as a project leader for Muslim preaching. The GBC for Turkey, Harivilas das,

is requested to insure that Airavata das complies with the reporting

requirements of this law so that the issue of restitution of the funds donated

by Satyanarayana may be practically addressed.

 

"Financial Disclosure of Leaders Including Guru-daksina WHEREAS financial

disclosure for ISKCON leaders requires that "all GBC members, gurus,

sannyasis, and international project directors" file annual financial reports

 

WHEREAS there is a need to expand the financial reporting of ISKCON leaders

and this should be done prior to any further discussion of specific regulation

of guru-daksina.

 

613 [LAW] 1. IT IS RESOLVED THAT all GBC Body members, gurus, sannyasis, and

international project directors are required to file annual personal financial

reports to the Executive Committee of the GBC Body and, where requested, their

national executive body. These reports shall contain a standard Income

Statement and Balance Sheet (to be reported in a Quickbooks or other standard

software format). The report should also include a list of all ISKCON related

bank accounts (including account names, signers and balance) for which these

individuals are a signer or have some control. All guru-daksina must be

included in this report.

 

2. FURTHERMORE, within the definitions of previous resolutions regarding

reportable income, all income and non-monetary gifts over $500 must be

itemized according to source. US based preachers are reminded that all gifts

over $10,000 and income from inheritance or family trusts must be reported to

the IRS.

 

3. All annual reports must submitted by January 31st of each year and be

signed with the following statement:

 

I solemnly swear that this report represents a true and accurate statement of

my financial activity and status for the previous year.

 

NAME _______________________________ Date ___________________

 

4. FURTHERMORE, the Executive Committee shall provide an annual report for the

GBC Body prior to the annual meetings, containing information on the number of

GBC Body members filing, names of those not filing, and a summary report of

the financial data including high, low and median numbers for income, assets

and expenses.

 

5. FURTHERMORE, all GBC Body members, gurus, sannyasis, and international

project directors are required to submit the above annual personal financial

reports for 1999 (year end) to the Executive Committee prior to April 15th of

2000."

 

 

--

 

Note 1.

 

Satynarayana das has presented a business card given to him by Airavata das on

which he states the following: "* General Manager, BBT, Turkey."

 

Brahma Muhurta das has made the following statement in response to questions

submitted to him by the Ministry:

 

> Brahma Muhurta Prabhu, you mentioned that Airavata has a contract with the

BBT which regulates his printing activity.

 

He does not have any contract. For us, he has been and still is an ISKCON

preacher. We have bought a substantial stock of Turkish books from the

Mediterranean BBT which are now stored in Bulgaria. Airavata and his men have

to buy them from the NE BBT...

 

Sometimes, in areas where we have no representative or office, we give a

temple president or sankirtan leader the rights to print a certain number of

books, in close cooperation with us. In such cases, the temple pays the

printer and pays the same amount to the BBT. But such a contract has never

been entered into with Airavata.

 

Signed

 

Sesa das

ISKCON GBC Minister of Justice