Full text of the child abuse law suit in ASCII - part 2

[Guest guest]

VI. CONSPIRACY AND FRAUDULENT CONCEALMENT

 

1. ISKCON has acted in concert with the other Defendants in a pattern and

practice to fraudulently conceal the extent and nature of the physical,

emotional, mental, and sexual abuse occurring at its gurukulas, boarding

schools, and child care centers, as well as the harmful effects of that

abuse, continuing through the present day.

 

2. All Defendants herein entered into a civil conspiracy to act in

concert, accompanied by a meeting of the minds regarding concerted action,

the purposes of which were to suppress and minimize public knowledge (as

well as widespread knowledge within ISKCON) of the rampant physical,

emotional, mental and sexual abuse of minor children in the gurukulas by

teachers and supervisors, and to take a uniform position and approach to

the handling of reports of abuse. This uniform position and approach was

designed to avoid criminal prosecution of the gurukula teachers and

supervisor offenders, to avoid civil litigation and to prevent or minimize

claims for damages, to avoid public exposure of the sexual and other abuse

of children by teachers and supervisors at the gurukulas, to protect the

reputation of ISKCON and "Hare Krishnas" from scandal, and thus to insure

the continued financial contributions of Krishna devotees and outside

supporters to ISKCON. This conspiracy to conceal includes spoliation of

evidence and is ongoing. Based on these actions, the Plaintiffs allege

that the Defendants are equitably estopped from asserting any defense of

limitations.

 

3. This ongoing conspiracy and concert of action was carried out by

Defendants to fraudulently conceal the fact that Defendants have committed

acts of negligence, gross negligence, fraud and breach of fiduciary duty,

and the other wrongful conduct described herein, and have engaged in

concerted action to commit acts of negligence, gross negligence, fraud and

breach of fiduciary duty.

 

4. In the absence of this conspiracy and concert of action, Defendants

would have responded to repeated notice of the abuse children suffered at

the hands of gurukula teachers and supervisors and issued general and

specific warnings to the entire body of Krishna devotees, particularly the

parents of children in the gurukulas. Had a proper warning been issued,

the offending teachers and supervisors would never have had unsupervised

access to Plaintiffs and other minor children, and this physical,

emotional, mental and sexual abuse and exploitation would never have

occurred. Thus, Defendants' actions in furtherance of this conspiracy are

a proximate cause of the injury and damages herein.

 

5. As a part of their conspiracy to conceal the physical, mental,

emotional and sexual abuse of children by the offending gurukula teachers

and supervisors, Defendants followed a practice of refusing to investigate

suspected abuse, or to disclose and warn of the dangers of physical,

mental, emotional and sexual abuse by gurukula teachers and supervisors

despite actual notice and knowledge of the risk dating back over two

decades. Defendants failed to aggressively address abuse issues by such

actions as promulgating proper policies for the appointment of gurukula

teachers and supervisors.

 

6. Plaintiffs allege that ISKCON officials, with others as plead herein,

also engaged in a conspiracy to avoid the prosecution of gurukula teachers

and supervisors and to cover up the physical, mental, emotional and sexual

abuse of minor children suffered in the gurukulas. The purpose of this

conspiracy was to prevent criminal prosecution, avoid adverse publicity,

prevent claims for damages by the numerous minor victims, and to avoid

exposure of this conspiracy designed to conceal the claims arising from

the crimes of these gurukula teachers and supervisors appointed by ISKCON

through the GBC. Further, officials of ISKCON, in furtherance of the

overall conspiracy alleged, engaged in affirmative acts to conceal the

existence of this conspiracy, and to conceal acts of fraud, breach of

fiduciary duty, negligence, and gross negligence.

 

A. DEFENDANTS' CONCERT OF ACTION

 

7. Plaintiffs incorporate by reference as if set forth at length herein

all previous allegations set forth above, and assert that ISKCON and the

other Defendants are liable for acts and/ or omissions pursuant to the

Restatement (Second) of Torts, Section 876, under the legal doctrine of

concert of action, and as agents of these entities, under which theories

Plaintiffs seek damages from all Defendants jointly and severally.

 

B. DEFENDANTS' INTENTIONAL AND NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS

 

8. Plaintiffs incorporate by reference as if set forth at length herein

all previous allegations set forth above.

 

9. In administering the abuse against Plaintiffs, in conspiring to cover

up that abuse, in ratifying the acts of those gurukula workers who

administered the abuse, and in conspiring to assist those gurukula workers

in avoiding detection by law enforcement agencies, Defendants engaged in a

pattern and practice of outrageous conduct that intentionally inflicted

severe emotional distress upon Plaintiffs, for which all defendants are

liable both in actual and punitive damages.

 

VII. RICO VIOLATIONS

 

A. VIOLATION OF THE FEDERAL RACKETEER-INFLUENCED AND CORRUPT ORGANIZATIONS

ACT (RICO) 18 U. S. C. §§ 1962( C) AND 1962( D)

 

1. Plaintiffs restate and incorporate herein the foregoing allegations

contained in this Complaint.

 

2. This claim for relief is asserted against each of the Defendants and

arises under 18 U. S. C. § 1962( c) and (d) of RICO, which provide:

 

© It shall be unlawful for any person employed by or associated with any

enterprise engaged in, or the activities of which affect, interstate or

foreign commerce, to conduct or participate, directly or indirectly, in

the conduct of such enterprise's affairs through a pattern of racketeering

activity....

 

(d) It shall be unlawful for any person to conspire to violate any of the

provisions of subsection . . . © of this section.

 

3. At all relevant times, each of the Defendants was a "person" within the

meaning of 18 U. S. C. § 1961( 3), as each of the Defendants was "capable

of holding a legal or beneficial interest in property."

 

4. At all relevant times, Defendants have constituted an "enterprise",

within the meaning of 18 U. S. C. §1961( 4). This enterprise is an ongoing

organization whose constituent elements function as a continuing unit in

maximizing the sales of Krishna/ ISKCON literature and paraphernalia , and

in concert to bilk followers, including Plaintiffs and their parents and/

or guardians, out of their incomes and net worth. The public relations

enterprise has an ascertainable structure and purpose beyond the scope of

Defendants' predicate acts and their conspiracy to commit such acts. This

"Krishna Enterprise" has engaged in, and its activities have affected,

interstate and foreign commerce. The Krishna Enterprise continues to date

through the concerted activities of Defendants to actively disguise the

nature of their wrongdoing, to conceal the proceeds thereof, and to

conceal Defendants' participation in the enterprise in order to avoid and/

or minimize their exposure to criminal and civil penalties and damages.

 

5. Each Defendant has been associated with the Krishna Enterprise. Each

Defendant helped to direct the enterprise's actions and manage its

affairs. Each Defendant conducted or participated, directly or indirectly,

in the conduct of the Krishna Enterprise's affairs through a pattern of

racketeering activity in violation of 18 U. S. C. § 1962( c). The

Defendants' pattern of racketeering activity dates from at least 1971 and

continues to the present, and threatens to continue in the future.

 

6. The Krishna Enterprise exists separate and apart from the Defendants'

racketeering acts. It is an ongoing organization whose members have been

in frequent communication. It has a consensual decision-making structure

used to coordinate strategy, suppress the truth about the abuse in the

gurukulas, bilk followers, including Plaintiffs, out of their incomes and

net worth, and otherwise further Defendants' fraudulent scheme.

 

7. Each Defendant "conduct[ ed] or participate[ d], directly or

indirectly, in the conduct of [the] enterprise's affairs through a pattern

of racketeering activity," in violation of 18 U. S. C. § 1962( c). The

Defendants' pattern of racketeering activity dates from 1971 through the

present and threatens to continue in the future.

 

8. The Defendants' multiple predicate acts of racketeering include:

 

a. Mail and wire fraud in violation of 18 U. S. C. §§ 1341 and 1343. The

Defendants engaged in schemes to defraud members of the public and private

and governmental entities which bear responsibility for child welfare.

Defendants executed or attempted to execute such schemes through the use

of the United States mails and through transmissions by wire, radio and

television communications in interstate commerce.

 

b. Additional predicate acts of racketeering include obstruction of

justice in the form of threatening and intimidating witnesses in violation

of 18 U. S. C. § 1512, and threatening to retaliate against witnesses, in

violation of 18 U. S. C. § 1513. Upon information and belief, the

Defendants have attempted to influence testimony, principally by making

threats. These violations include attempts to influence the testimony of

former ISKCON members and their families through threats, intimidation,

and harassment, physical harm and murder.

 

c. Predicate acts include sending fraudulent Krishna literature and

gurukula advertisements through the mails and/ or using the mails to

promote and advertise Krishna and the gurukulas, in violation of 18 U. S.

C. § 1461, which prohibits use of the mails to deliver any "article or

thing designed, adapted, or intended . . . for any indecent or immoral

use" and use of the mails to circulate any "paper, writing, advertisement,

or representation that any article, instrument, substances, drug,

medicine, or thing may, or can be used or applied . . . for any indecent

or immoral purpose" and any "description calculated to induce or incite a

person to so use or apply any such article, instrument, substance, drug,

medicine, or thing."

 

d. Predicate acts of racketeering also include attempting to intimidate

one or more witnesses in pending or prospective legal proceedings, in

violation of 18 U. S. C. §§ 1512, 1513, and 18 U. S. C. § 1951( a).

 

e. The tactics include the use of facilities in interstate or foreign

commerce to distribute the proceeds of unlawful activity and otherwise to

promote, manage, establish, carry on or facilitate the promotion,

management, establishment, or carrying on of unlawful activity, in

violation of 18 U. S. C. § 1952.

 

f. The predicate acts also include engaging in monetary transactions

involving the proceeds of crime in violation of 18 U. S. C. § 1957, which

prohibits "knowingly engag[ ing] or attempt[ ing] to engage in a monetary

transaction in criminally derived property that is of a value greater than

$10,000 and is derived from specific unlawful activity," including mail

and wire fraud. 18 U. S. C. §§ 1957( f)( 3) and 1956 ©( 7)( A).

 

9. The acts form a "pattern" of racketeering activity. They have been

related in their common objectives of maximizing the wealth of the Krishna

Enterprise, misleading the public and government regulators which bear

responsibility for child welfare, and suppressing the truth concerning the

abuse taking place in the gurukulas.. These acts have had the same or

similar purposes, results, participants, victims and methods of

commission. The acts have been consistently repeated and are capable of

further repetition.

 

10. Each defendant also conspired to violate 18 U. S. C. § 1962( c), in

violation of 18 U. S. C. § 1962( d).

 

11. Plaintiffs have been injured in their property by reason of

Defendants' violations of 18 U. S. C. §§ 1962( c) and (d), because

Plaintiffs have been required to incur significant costs and expenses

attributable to gurukula abuse and treatments they have been forced to

incur as a result thereof. In the absence of the Defendants' violation of

18 U. S. C. §§ 1962( c) and (d), these costs and expenses would have been

substantially reduced or eliminated altogether.

 

12. Under the provisions of 18 U. S. C. § 1964( c), Plaintiffs are

entitled to bring this action and to recover herein treble damages, the

costs of bringing this suit, and reasonable attorneys' fees.

 

B. VIOLATION OF THE FEDERAL RACKETEER-INFLUENCED AND CORRUPT ORGANIZATIONS

ACT — 18 U. S. C. §§ 1962( A) AND (D)

 

13. This claim for relief is asserted against each of the Defendants, and

arises under 18 U. S. C. § 1962( a) and (d) of RICO, which provide:

 

(a) It shall be unlawful for any person who has received any income

derived, directly-or indirectly, from a pattern of racketeering

activity... to use or invest, directed, or indirectly, any part of such

income, or the proceeds of such income, in acquisition of and, interest

in, or the establishment or operation of, any enterprise which is engaged

in, or the activities of which affect, interstate or foreign commerce.

 

(d) It shall be unlawful for any person to conspire to violate any of the

provisions of subsection (a). . . of this section.

 

14. At all relevant times, each of the Defendants was a "person" within

the meaning of 18 U. S. C. § 1961 (3), as each of the Defendants was

"capable of holding a legal or beneficial interest in property."

 

15. At all relevant times Defendants have constituted an enterprise within

the meaning of 18 U. S. C. § 1961( 4). The Krishna Enterprise and its

activities have an effect on interstate commerce in that the enterprise is

engaged in the business of soliciting funds and selling Krishna

literature, and promoting the attendance of children in their gurukulas,

throughout the United States and, in fact, all over the world.

 

16. Defendants have engaged in a pattern of racketeering activity which

dates from 1971 through the present and threatens to continue in the

future. The Defendants' multiple predicate acts of racketeering, which

generated income for the Defendants, are set forth above and are more

particularly described therein.

 

17. Defendants have used or invested their illicit proceeds, generated

through the pattern of racketeering activity, directly or indirectly in

the acquisition of an interest in, or the establishment or operation of,

each enterprise in violation of 18 U. S. C. § 1962( a). Defendants' use

and investment of these illicit proceeds in each enterprise is for the

specific purpose and has the effect of suppressing and concealing

information regarding the incidents of child abuse at the gurukulas.

 

18. Each defendant also conspired to violate 18 U. S. C. § 1962( a), in

violation of 18 U. S. C. § 1962( d).

 

19. Plaintiffs have been injured in their property by reason of

Defendants' violations of 18 U. S. C. § 1962( a) and (d) in that

Plaintiffs have been required to incur significant costs and expenses

attributable to gurukula abuse and the treatments and counseling they have

been forced to incur as a result thereof. Under the provisions of 18 U. S.

C. § 1964( c), Plaintiffs are entitled to bring this action and to recover

herein treble damages, the costs of bringing this suit and reasonable

attorneys' fees.

 

VIII. DAMAGES OF PLAINTIFFS

 

Damages include but are not limited to the following:

 

1. As a result of the incidents of abuse described above, Plaintiffs have

suffered, and will continue to suffer, extreme emotional trauma, pain and

suffering, and chronic post-traumatic stress disorder.

 

2. Plaintiffs have suffered Medical and Psychotherapeutic expense, a need

for therapeutic service, diminished earning capacity and lost earnings,

social stigmatization, reduced educational attainments, and substantial

general damages.

 

3. Plaintiffs have experienced both physical and psychological pain and

suffering and mental anguish in the past and in all reasonable probability

will sustain physical and psychological pain and suffering in the future

as a result of their injuries.

 

4. Many Plaintiffs have incurred medical expenses in the past and in all

reasonable probability will continue to incur medical expenses as a result

of the incidents described herein.

 

5. A significantly large proportion of Plaintiff ISKCON children have

become alcoholics, drug users, unwed mothers, and suicides. They suffer

from a profound sense of guilt, helplessness, and loss of self-esteem.

They all suffer from post-traumatic stress syndrome as a result of their

childhood experience.

 

6. Plaintiffs collectively seek $200,000,000 in restitution for their

actual damages.

 

7. Plaintiffs seek punitive damages in the collective amount of

$200,000,000, in order to punish and deter the outrageous conduct taken in

heedless and reckless disregard for the safety of Plaintiffs and, as a

result of Defendants' conscious indifference to the rights, welfare and

safety of Plaintiffs in violation of the laws of the State of Texas, other

states and the United States.

 

8. Plaintiffs seek triple damages and attorney fees as provided by the

RICO Statute.

 

IX. REQUEST FOR INJUNCTION AGAINST FURTHER SEXUAL, EMOTIONAL OR PHYSICAL

ABUSE OF MINOR CHILDREN

 

Plaintiffs believe and therefore allege that the pattern and practice of

physical, emotional, and sexual abuse to minor children currently enrolled

in or residing at the Defendants' gurukulas, schools, temples, and child

care facilities, is ongoing and continues to this day. Plaintiffs

therefore ask this Court to issue a temporary injunction prohibiting

Defendants from engaging in any further sexual, emotional, or physical

abuse of the minor children of ISKCON followers currently enrolled in or

residing at Defendants' gurukulas, schools, temples, and child care

facilities, and, upon final trial of this matter, to issue a permanent

injunction against Defendants from engaging in or allowing any such abuse

of said minor children.

 

X. REQUEST FOR ORDER PROHIBITING DESTRUCTION OR SPOLIATION OF EVIDENCE

 

Plaintiffs request this Court to immediately issue an ORDER instructing

the Defendants not to destroy, discard or spoil any documents or records,

whether written, recorded, or stored electronically, that may be or may

have become relevant to any issue in this suit.

 

XI. STATEMENTS TO THE COURT

 

1. Plaintiffs plead delayed discovery of their claims against Defendants

despite the exercise of reasonable diligence on their part, thus tolling

the statute of limitations.

 

2. Plaintiffs plead delayed discovery of the harm caused by physical,

emotional, mental and sexual abuse and exploitations by the gurukula

teachers and supervisors and the delay in treatment despite the exercise

of reasonable diligence on their part, thus tolling the statute of

limitations.

 

3. Plaintiffs plead fraud and fraudulent concealment of this fraud on the

part of Defendants, thus suspending the running of limitations as to all

claims.

 

4. Plaintiffs plead fraudulent concealment of facts under Defendants'

control giving rise to this cause of action against all Defendants, thus

suspending the running of limitations.

 

5. Plaintiffs plead breach of fiduciary duty, including the duty to

disclose, against all Defendants, thus suspending the running of

limitations against all Defendants.

 

6. Plaintiffs plead a concert of action, a conspiracy to conceal

negligence, to commit fraud and to fraudulently conceal the acts and the

existence of the fraud and conspiracy, thus suspending the running of

limitations against all Defendants.

 

7. Plaintiffs allege that the actions of the Defendants have caused them

to suffer an emotionally unsound mind as to the Defendants, thus

suspending the running of limitations, pursuant to Section 16.001 of the

Texas Civil Practice and Remedies Code.

 

8. Plaintiffs allege that the actions of all Defendants, because of their

conduct, statements and promises, preclude them from claiming a bar by

limitations to any of Plaintiffs' claims. Plaintiffs thus plead the

doctrine of equitable estoppel.

 

XII. JURY DEMAND

 

Plaintiff hereby requests and demands a trial by jury.

 

XIII. CLAIM FOR PREJUDGMENT AND POST-JUDGMENT INTEREST

 

Plaintiffs herein claim prejudgment and post-judgment interest in

accordance with Article 5069-1.05 of V. A. T. S. and any other applicable

law.

 

For these reasons, Plaintiffs pray that Defendants be served and cited to

appear and answer herein, that a temporary injunction issue against any

physical, sexual or emotional abuse of minors under their control, that an

ORDER be immediately issued against destruction or spoliation of evidence

herein, and upon final hearing of this cause, a permanent injunction

against further abuse be issued, and that Plaintiffs have judgment against

Defendants, jointly and severally, for damages described herein, for cost

of suit, interest as allowable by law and for such other relief to which

Plaintiffs may be justly entitled.

 

Respectfully submitted,

 

LAW OFFICES OF WINDLE TURLEY, P. C.

 

Windle Turley

State Bar No. 20304000

 

 

Patrick C. Patterson

State Bar No. 15603560

 

6440 North Central Expressway

1000 University Tower

Dallas, Texas 75206

Telephone No. 214/ 691-4025

Telecopier No. 214/ 361-5802

Email: win@ wturley. com

 

ATTORNEYS FOR PLAINTIFFS