BBT Offer to Harikesa Swami

July 5, 2003

An open letter to the Members of the Governing Body Commission:

by Bhagavan das

All glories to Srila Prabhupada !

I am addressing the issues of my past within ISKCON in a separate correspondence, but please for now I wish to focus on the raging "BBT International Inc and ISKCON of California Inc versus Hans Kary" law suit because of the wealth of misinformation about this case.

To start with Hansadutta did NOT file this lawsuit against the BBT-Int’l Inc. The BBT-Int’l Inc sued Hansadutta in Los Angeles Superior Court, and as part of his defense Hansadutta filed a "cross complaint" in his role as a lifelong trustee of the Bhaktivedanta Book Trust ("BBT") to protect the interests of His Divine Grace A. C. Bhaktivedanta Swami Prabhupada who placed his entire literary legacy in the BBT and wanted this trust to hold and administer his copyrights.

Secondly, this is NOT a case about Hansadutta. Rather, the case is about the questionable actions of the BBT-Int’l Inc in attempting to convert the assets (copyrights) of Srila Prabhupada’s BBT, that is, that particular charitable trust which Srila Prabhupada personally set up in California on May 29, 1972. I know this because I was there at the lawyers office when the trust was originally set up and there should be absolutely no question on anyone’s mind that this trust which Srila Prabhupada established in California IS the BBT.

So my first question is, has anyone informed the GBC of the risks involved in losing this case that it has authorized the BBT-Int’l Inc to undertake, aside from the misplaced judgments and fears that Hansadutta will somehow control ISKCON through the BBT and use BBT funds for non-ISKCON projects ? Did your attorney tell you that in Hansadutta’s deposition he said that BBT funds should only go to ISKCON projects ? Are you being given the facts or your attorney’s legal posturing on these issues ?

For whatever it is worth to you, my experience with Hansadutta after being at odds with each other for so many years, is that after communicating and spending time together I saw what Prabhupada not only liked about him, but admired and loved in him. That is why I don’t fear him now. At the same time, no one person - Hansadutta and Harikesa included - should have so much power that it causes imbalance. That is the precise reason that Prabhupada set up the BBT to be separate from ISKCON in the first place. If this embroilment is to be ended we must immediately arm ourselves with facts - not rhetoric. And that is how I hope to assist in solving this conflict.

Do you understand that losing the case may also mean that the copyrights could go into public domain ? You won’t have anyone to sue anymore, and some will think that this gives them an open field for printing, but that was never Srila Prabhupada’s vision. He definitely wanted the BBT to channel the printing, translations, and collections of funds from his books. He saw maverick printing as the financial ruin of the society. Do you understand the meaning of the public domain issue and take responsibility in front of your guru for its ramifications? You at least must acknowledge and explain this to your other levels of management and get their input. Did you know that your attorney Akruranatha said that he would rather see the copyrights go into public domain than to validate the original BBT of which Hansadutta is a trustee ? Does Akruranatha accurately represent your thinking ?

Have any of you inquired as to the validity, strengths and weaknesses on the BBT-Int’l Inc pleadings or do you just believe that God and Prabhupada are only on your side and that They have relegated Hansadutta to the lower planets with Bali Mardan Maharaja ? Personally, I believe that Prabhupada would remove everyone involved for stealing $400,000 of his money with nothing tangible to show for it except invoices from Coudert Brothers, the law firm which represents the BBT Int’l Inc. At least Hansadutta had Bhagavad-Gitas to show until his preaching center was burned down with Deities and Gitas included. Are you all aware of that?

I ask again what will you do if the Judge validates the original BBT trust and the present trustees are also validated ? I know you probably are uncomfortable and critical of an ex member, or however you see me, speaking here addressing you all. However this is not about egos but about doing the right thing. Have you forgotten Robin George? You can and already have lost in court before.

Are you all confident that the copyright "assignment" from ISKCON of California Inc to the BBT-Int’l Inc made by Svavasa and Mayapura Sasi is totally waterproof? From what I understand Svavasa and Amarendra were hesitant to have that document signed for a long time and that when it was finally signed it was back dated four years. Would you bet your life or your daksina on this case or is it easier and safer to bet Prabhupada’s life and his daksina? In order to transfer the assets out of the original BBT trust, the trustees would have had to file a petition with the court. Do you have that document in your possession?

If you so choose, not another penny needs to be spent if the pivotal instruction to work together, cooperate and combine talents, is allowed to rule. Because this option for peace was never fully attempted with the same force, enthusiasm and determination that was put into the legal war, BBT-Int ‘l Inc stands exposed on many fronts, which it seems your attorneys have not objectively presented to you. In any endeavor, as we have painfully learned from experience, it is sine qua non, to understand one’s strengths and weaknesses.

Amarendra and Svavasa are upset with me for getting "information" supposedly in the guise of a mediator. But the only information I received was the estimates of how much this case has cost thus far ($250,000), the projections of what it may come to if it goes to trial (another $100,000 to $200,000), and the fact that Amarendra really wasn’t fully informed on the issues because Akruranatha was after all, lead counsel. Amarendra it seems, did not even study the case until just last month at Hansadutta’s six day, $20,000 deposition. I believe it was after Akruranath’s outrageous deposition of Hansadutta that some "quickening " seems to have occurred as even the infallible and wealthy BBT-Int’l Inc was fast approaching crisis spending, i.e., after $250,000 had already gone into the lawyer’s pockets, Akruranatha included. It seems both Svavasa and Amarendra should have been more present during the times when Gupta and Akruranatha stood before the Discovery Referee (a former Judge) to witness his granting of the motions filed by Gupta to compel discovery from the BBT-Int’l Inc. Ask Amarendra what it was like the last time when Akruranath argued with the Discovery Referee, or when he was asked what the book titles were that were being held by each ISKCON organization he claimed owned them, and he stated that he didn’t actually know but that it didn’t really matter since the BBT-Int’l Inc now owns all the copyrights and "we all know the books when we see them!"

You are about to have a major catastrophe here. Even Akruranatha said that Harikesa Swami’s stress and breakdown could have been caused by his upcoming deposition and what he thought the results of the case might be.

During the meeting we had at Gupta’s, both Svavasa and Amarendra were given information on how the case was viewed from the other side. At that time, the vulnerability of the assignment of copyrights to the BBT-Int’l Inc was stressed, as well as the numerous blatant contradictory verified pleadings in Akruranath’s case. It has already come out in the depositions of Niscintya and Svavasa, on video, that the assignment was backdated. Do any of you on the GBC care to see them? The side representing the original BBT trust, which held and still holds the copyrights, encouraged Amarendra to approach the BBT-Int’l Inc and the GBC to end this catastrophic risk and useless spending of funds, by simply having Hansadutta and Harikesa Swami work together as trustees of the original trust. It really is that simple. I think you need to know this if Amarendra has not already shared that truth with you. One of Prabhupada’s famous quotes was that Krsna Consciousness is simple for the simple and complicated for the crooked.

So here is a chance to be simple. If you are Prabhupada conscious, you know he would most likely say, "End this nonsense immediately and cooperate. Otherwise you can all go to China and be replaced. " Or do you hear him say to you, Amarendra and Akruranatha, "continue to fight Hansadutta, here is more money, I am so proud of you. Kill that demon who has printed so many of my books !" I am sorry Akruranatha, I am not more dangerous than Robin George but I think you may be. At least I was somewhat responsible for putting millions of dollars into the BBT.

I know from working with Prabhupada for many years, that as responsible governing individuals he would have you be well informed in regards to critical management moves. And if money was misappropriated he would have it reimbursed. Are all of you willing to share in the reimbursements if you loose? Remember, as the GBC, you are directing the spending of BBT-Int’l Inc, or is the BBT-Int’l Inc actually separate and independent ? So the obvious question is, how much are you willing to spend before you put a cap on Akruranatha’s spending ? Religious sanctimony is obnoxious, stupid and dangerous. I know this having studied for the last twelve years the scatology of my own.

Now let me explain why I have officially entered this case. In this regard, I apologize to Svavasa, Amarendra, and Akruranatha for not communicating this after our meeting which was abruptly cut short because they had other pressing engagements. I do so now so that you don’t need to continue to carry animosity unless you find it beneficial or useful for your case.

After avoiding and then studying the legal points and extrapolating the possible outcomes, I chose not to stand by and risk seeing the copyrights go into public domain and not to stand on the sideline and allow anyone say the original BBT trust never existed when I personally went to the lawyer’s office with Prabhupada to set up that trust. It is also somewhat clear that since the original BBT with Hansadutta as a trustee could well be validated, I believed that if I again accepted the role as a trustee I would be in an official position to help all parties combine strengths, reorganize the BBT and at the same time uphold those components of the BBT-Int’l Inc which are useful to the BBT and the Movement. In this regard, are you aware of the financial liabilities of the BBT-Int’l Inc if it is found to have fraudulently converted the BBT’s copyrights? Why do you want to go down that dangerous road when you can all join together and cooperate? Are you all sleep walking through this case?

So , if I still seem as dangerous as Robin George to you, then you can continue to put out misinformation that I have joined forces with Hansadutta to steal the copyrights -- but that is really dense thinking. Although I did not practice this to my highest ability, I thought that spiritually speaking we could be on different sides and still have everyone’s best spiritual interests at heart. One problem here is that it seems that if one has committed a certain level of spiritual aberration in your eyes, that the process can not?that Krsna and Radharani can not?rectify, modify, purify, enlighten, balance or otherwise catalyze one to be even better than before. The problem is that you think it is beneath you to talk with Hansadutta what to speak of work with him or take advise from him. Do you say that he has nothing to offer you because he experienced difficulty 14 years ago? Are not those past experiences now his strength? Well, perhaps your cycle just hasn’t arrived yet. What we hate, despise or fear in others is often the mirror of what is lying hidden within ourselves.

Due to denial, spiritual pride or fear we choose not to see that part of us. We choose instead to think that if we latch onto a pure devotee, chant 16 rounds and follow regulative principles that we have become immune to the capacity to cause pain to others, God included, or continue to increase the negativity in the ether. That, as we all know, is simply not true. If Maharaja Pariksit can usher in Kali Yuga, so can we, and the court room is the arena where Kali dances.

Please tell me?Tamal, Gopal, Harikesa, Jayapataka, Giriraja, Hrdayananda, Swarupa Damodar, Mukunda, Bhakti Tirtha , Navine, Rabindra, what do you have to say about all this?

What would Prabhupada say about Akruranatha’s "works for hire" theory ? that our Guru was an employee of ISKCON ? Do you believe that ? Whether you reply or take action, do something about allowing this insane spending to continue for another day. I don’t ask you in an abrasive challenge but as practitioners of almost 30 years, what will you do to show your spiritual potency to rectify this awkward and embarrassing situation? You have unconsciously exposed your vulnerability by this case, perhaps it is even a higher metaphysical principle come to light, but the only solution is that you now cooperate and expand Krishna’s loving potency or risk being replaced. You can not be inactive, uninformed, neutral or silent. In thinking about this case, I believe that if more women had responsibility, the warlike mentality in the Movement would not be so pronounced. Women seem to nurture wounds back to health, men seem to like the taste of fresh blood - even if they are practicing vegetarians. Perhaps the sannyasa spirit to renounce emotions and explode things from the head needs to be adjusted to allow feelings and intuition to have equal participation. Harikesa, you were always somewhat psychic, do you and Amarendra, intuit that Prabhupada wants you to continue this spending and this fighting?

If you allow me, how does this scenario fit with your Krsna consciousness? All of us, lawyers, plaintiffs, defendants, etc, having, on Prabhupada’s order, put down the secret legal weapons being held against each other, walk into the court room, agree to a judgment that upholds the original trust, and names at least Harikesa Swami and Hansadutta as trustees. That the trust continues to use the BBT-Int’l Inc to prosecute copyright infringement. (In this regard I do want to applaud Akruranatha for his case against Sony.)

That a BBT secretary be chosen who has proven him or herself over the years especially in distribution. It is important that those who spend money also have gone through what it takes to make the dollar.

That all publishing arms of the BBT be audited annually, and that any under the table inventory be stopped.

That the money being collected and spent by the trust be reported throughout the Movement, publicly, and on a quarterly basis.

That any changes in the original literature be approved by the trustees and explained to the devotees in general, before going to press.

That books be sold to anyone who needs them, without discrimination.

That the system of book credits be ended and the simple system of 100% markup to the temples or other distributors and 100% markup to the public be re-established.

That those who are trustees have the responsibility to increase the net worth of the BBT each year and health permitting, join in with the distributors and devotees in general in the creation of a promotional program exploring and developing new avenues of preaching and book distribution.

That the BBT take full responsibility for the re-establishment of an international art department and the protection of the finished works.

That those given license to publish be referred to as publishers - not trustees - and be totally accountable to the trustees for all inventory, collections and spending according to the trust instrument.

That the trustees operate unanimously to meet the goals of the BBT.

That the lawyers presently involved in fighting with each other, combine efforts to protect the BBT and ISKCON in all matters.

Finally, I wish to invite all of you on the GBC, BBT, BBT-Int’l Inc and attorneys, to meet here at my home in Three Rivers, California, if you feel inclined to reconciliation rather than litigation. Sri Sri Radha-Krsna have blessed me with a very special place on the river that I feel would be ideal for healing and "R&R" (i.e., Rest and Realization). If you take care of getting here I will bear the expense of your lodging and prasadam. What do you say? Do you say, All glories to Prabhupada?

I hope we can all meet in the temple room and not in the court room. That is all I have to say on this.

Yours in service,

Bhagavan das

terathen@inreach.com