Author Topic: National Association of Forensic Counselors, Inc. v. Narconon International  (Read 13866 times)

Offline BigBeard

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IRS, are you listening??

Now if only the national press and news services pick this up. Especially the investigative ones.

BigBeard

Offline 10oriocookies

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I am almost in tears after reading this. 

Am I still lying Narconon?
Am I still the bad guy?

God gives his toughest battles to his greatest warriors.  Thank you to all that have supported me and given me the courage to speak the truth.

ET went home.

Offline mefree

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I am almost in tears after reading this. 

Am I still lying Narconon?
Am I still the bad guy?

God gives his toughest battles to his greatest warriors.  Thank you to all that have supported me and given me the courage to speak the truth.

 \*/ Thanks for being a part of Reaching for the Tipping Point, Eric!
The ultimate authority must always rest with the individual's own reason and critical analysis.
-Dalai Lama

Offline ethercat

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Awww, you're gonna make me cry too, 10oriocookies.  We're so glad you're here.   @->---(=O
   Narconon Reviews
   Independent Reviews of the Narconon Drug Rehab Programs
   Answers to Frequently Asked But Seldom Answered Questions

Offline ethercat

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Narconon of Georgia and DCH posts split into its own topic:
http://forum.reachingforthetippingpoint.net/index.php/topic,12786.0.html
   Narconon Reviews
   Independent Reviews of the Narconon Drug Rehab Programs
   Answers to Frequently Asked But Seldom Answered Questions

Offline 10oriocookies

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“Eric Tenorio is claiming that the PITA Group issues certificates to Narconon
Arrowhead staff without examinations for a fee. Completely aside from whether
certificates issued based on work experience in a field are a valid form of
recognition of an individual’s competence, the state of Oklahoma does not
recognize Pita Group certificates and, as Narconon informed you, its staff
members have no certificates issued by the Pita Group. All certificates of its
doctors, nurses and drug counselors are earned.
Nor is Narconon’s license to
operate based on any certificates issued by the Pita Group.”


This is what the Church of Scientology sent NBC to try and discredit me.  Silly rabbits. 

ET went home.

Offline 10oriocookies

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"The recent federal lawsuit filed by the National Association of Forensic Counselors (NAFC) is frivolous, unfounded and unnecessary. None of the Narconon organizations named claim any affiliation whatsoever with the NAFC. Furthermore, while certain Narconon Arrowhead employees in the past were certified as Chemical Dependency Counselors by the NAFC, neither Narconon Arrowhead nor any Narconon Arrowhead employee has had any affiliation with the organization for more than a year.

 For nearly 50 years, countless individuals and families worldwide have salvaged lives, healed wounds and reclaimed hope through Narconon's programs. In a state ranked No. 1 in prescription drug abuse, where two Oklahomans on average die each day from overdoses and where more people die from drug abuse than in traffic accidents Narconon Arrowhead offers an effective, secular program focused on solutions, not talk or rhetoric."

Narconon of Oklahoma, Inc.

Board of Directors


This is funny.
ET went home.

Offline mefree

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"The recent federal lawsuit filed by the National Association of Forensic Counselors (NAFC) is frivolous, unfounded and unnecessary. None of the Narconon organizations named claim any affiliation whatsoever with the NAFC. Furthermore, while certain Narconon Arrowhead employees in the past were certified as Chemical Dependency Counselors by the NAFC, neither Narconon Arrowhead nor any Narconon Arrowhead employee has had any affiliation with the organization for more than a year.

 For nearly 50 years, countless individuals and families worldwide have salvaged lives, healed wounds and reclaimed hope through Narconon's programs. In a state ranked No. 1 in prescription drug abuse, where two Oklahomans on average die each day from overdoses and where more people die from drug abuse than in traffic accidents Narconon Arrowhead offers an effective, secular program focused on solutions, not talk or rhetoric."

Narconon of Oklahoma, Inc.

Board of Directors


This is funny.

Hilarious, because NAFC surely has loads of evidence to the contrary in preparing for this lawsuit.
The ultimate authority must always rest with the individual's own reason and critical analysis.
-Dalai Lama

Offline 10oriocookies

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The funny part is that they say "countless".  They keep exact stats on their "products".
ET went home.

Offline mefree

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More on the NAFC lawsuit at Tony Ortega's Underground Bunker with documents included.

A lawsuit over counseling credentials now aims at the essence of Scientology - The Underground Bunker
Quote
We have a few legal updates for you, and they involve the lawsuit filed by the National Association of Forensic Counselors against Scientology’s drug rehab network, Narconon, many of its employees, and Scientology’s leader, David Miscavige, as well.

A total of 82 defendants are scrambling to deal with the lawsuit, which alleges that they conspired to misuse the counseling certifications that the NAFC regulates. Masterminding the conspiracy, the NAFC alleged in its complaint, was Miscavige from his perch as the Chairman of the Board of the Religious Technology Center (RTC), Scientology’s nominally controlling entity.

More at http://tonyortega.org/2014/07/24/a-lawsuit-over-counseling-credentials-now-aims-at-the-essence-of-scientology

The ultimate authority must always rest with the individual's own reason and critical analysis.
-Dalai Lama

Offline DeathHamster

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More lawsuit news:
http://tonyortega.org/2014/08/08/the-axiomatic-l-ron-hubbard-and-legal-counterclaims-in-oklahoma/
Quote
Things heating up again in Oklahoma

Scientology’s various entities are firing back now at the National Assocation of Forensic Counselors (NAFC), which filed a lawsuit against 82 defendants it claimed were misusing its logos and trademarks in order to make Scientology’s drug rehab network, Narconon, appear more legitimate than it really is. We’ll let our legal types pore over these documents and let us know what they think about Scientology’s salvos…

Narconon International’s motion to dismiss
Narconon Oklahoma’s answer and counterclaim
Narconon South Texas, Eastern US, and Spring Hill motion to dismiss
Royalmark, Greatcircle, Premazon, and Jonathan Moretti motion to dismiss
Narconon Georgia motion to dismiss
Church of Scientology International motion to dismiss
Kent McGregor’s answer and counterclaim
Religious Technology Center’s reply in support of its motion to dismiss
Kent McGregor's response is mainly repeated babble. "To the extent that an answer is required, MCGREGOR is without sufficient knowledge to admit or deny those allegations and therefore denies them."

Too bad for him that he was in Oklahoma for a while (still has at least one domain registered there), as were others named in the lawsuit.
http://tonyortega.org/2014/08/08/the-axiomatic-l-ron-hubbard-and-legal-counterclaims-in-oklahoma/#comment-1533989238

Offline mefree

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We'll see how many can wiggle out of this lawsuit. My impression is that NAFC has done their homework, and then some.
The ultimate authority must always rest with the individual's own reason and critical analysis.
-Dalai Lama

Offline BigBeard

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If it proceeds to discovery and trial, rather than some kind of settlement, this lawsuit has the potential to blow the Cof$ corporate sham wide open. I'm hoping, but not laying in the popcorn yet, that happens.
BigBeard

Offline Mary_McConnell

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Despite his tooting his own horn in the usually exaggerated manner, McGregor's complaint does have a point, in that he was served a Cease and Desist long before the lawsuit and apparently did remove stuff... I didn't check much but he states he took down what he was asked to get down, saying he did it for everything he was able to take down.

What I find interesting in his info and the Narconon Int's responses is regarding the correctional industry related certificates and how they are not applicable to the trademark. There is nothing in the trademark docs on line that mentions CCDC nor the logo NAFC. That when they first obtained trademark all it was for was NATIONAL ASSOCIATION OF FORENSIC COUNSELORS. It expired in 2002.
http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4801:ga9mlg.2.2
The same mark was registered anew in 2006
http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4801:ga9mlg.2.1
 
Both state the use of the above is for "Goods and Services    IC 035. US 100 101 102. G & S: Association services, namely, promoting the interests of forensic counselors. FIRST USE: 19950823. FIRST USE IN COMMERCE: 19950823"

Another unrelated company holds trademark for NAFC, applied for in 2010
http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4807:7rogd2.2.2

Quote
The Origination of the Forensic Counselor and
Criminal Justice Specialist

About the NAFC and Certification

The Founder of the National Association of Forensic Counselors ("NAFC") is the “Father of Forensic Counseling” and the originator of the professional designations and definitions of “Forensic Counselor” and “Criminal Justice Specialist”.
http://www.nationalafc.com/?Home:About_NAFC

I also find it interesting McGregor mentions having a Diplomat of the Board Cert and a MAC type cert he obtained from NAFC. He gives the number and such, and that it established and earlier relationship between he and NAFC. If this is true and it was never rescinded.

Overall, this is going to be interesting to see unfold.
I am a volunteer advocate for victims of the Narconon scam. I am a former scientologist. I post anonymously. Mary McConnell is my long time nom de plume. Feel free to contact me for assistance in righting the wrongs.

Offline mefree

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History on the active NAFC trademark registration with logo is found here:
http://tsdr.uspto.gov/#caseNumber=+%093585933&caseType=US_REGISTRATION_NO&searchType=documentSearch

See specimen in the list of documents for the logo.

Also the dead registration specimen is found here: http://tsdr.uspto.gov/documentviewer?caseId=sn75556839&docId=SPE20091001141149#docIndex=7&page=1
The ultimate authority must always rest with the individual's own reason and critical analysis.
-Dalai Lama

Offline Mary_McConnell

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History on the active NAFC trademark registration with logo is found here:
http://tsdr.uspto.gov/#caseNumber=+%093585933&caseType=US_REGISTRATION_NO&searchType=documentSearch

See specimen in the list of documents for the logo.

Also the dead registration specimen is found here: http://tsdr.uspto.gov/documentviewer?caseId=sn75556839&docId=SPE20091001141149#docIndex=7&page=1

Thanks for the links and sorry I didn't catch mine incorrect ones in time to see they wouldn't work once I closed my browser :P

That last link you posted is interesting... a dead trademark right to the logo for NAFC. Looks like someone forgot to keep up with paperwork matters. Seems to me that the claim of use of that logo issue against some of the defendants who used it on their websites may not hold water, unless it's restricted or conditional use is a stipulation agreed upon for obtaining the certifications.
I am a volunteer advocate for victims of the Narconon scam. I am a former scientologist. I post anonymously. Mary McConnell is my long time nom de plume. Feel free to contact me for assistance in righting the wrongs.

Offline Sunshine

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Not sure how to present the info, please feel free to edit.

The bullet points are from Narconon International motion to dismiss 
http://www.scribd.com/doc/236199023/NAFC-vs-Narconon-Motion-To-Dismiss-by-NN-Int

Below are statements from Narconon International (NI) and Narconon Western United States (WUS) Form 990's.





















Offline Mary_McConnell

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^^^^
This is very good, sunshine. I don't have time right now to look but I would hoipe some of that info on both entity returns is also mentioned in more recent  990s.

For anyone wanting to look, here are the locations of the 990's

Narconon WUS 990s through 2012
http://www.eri-nonprofit-salaries.com/index.cfm?FuseAction=NPO.Summary&EIN=651238009&BMF=1&Cobrandid=0&Syndicate=No

Narconon Int 990s through 2012
http://www.eri-nonprofit-salaries.com/index.cfm?FuseAction=NPO.Summary&EIN=952769582&BMF=1&Cobrandid=0&Syndicate=No

I am a volunteer advocate for victims of the Narconon scam. I am a former scientologist. I post anonymously. Mary McConnell is my long time nom de plume. Feel free to contact me for assistance in righting the wrongs.

Offline BigBeard

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The ERI site is a good one for finding 990 info, but I've discovered they don't have all of them. At least not listed under Narconon. Two other sites I've found very useful for tracking down 990's are:

Foundation Center: http://foundationcenter.org/findfunders/990finder/

Guide Star: http://www.guidestar.org/AdvancedSearch.aspx

Searching by EIN, if you have it, often gets things that have been through the name morphing process that might otherwise be missed.
BigBeard

Offline Sunshine

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What I was trying to do with my previous post, using  Narconon International (NI)  Form 990's  show a relationship with Narconon Oklahoma that I think is outside the typical Narconon contract and the link between Narconon International and Narconon Western United States (WUS) (also applies to Narconon Eastern United States).

This maybe a bunch of BS but take a read  and see what you think.

I would like to follow up with the NI/WUS relationship and add Narconon Eastern United States (EUS) and Association for Better Living (ABLE).

How is WUS related to NI, from WUS 2012 Form 990 Part IV Checklist of Required Schedules?
Box 34, the x is under the yes column so Schedule R must be completed



Schedule R Part II Requires name of related organization



Schedule A Part 1 requires the organization to select it’s reason to be classified as a public charity


WUS selected Schedule "A" Part I 11c "Functionally integrated"


Who is WUS functionally integrated with according Schedule A 11h (A) Narconon International.


From http://www.irs.gov/instructions/i990sa/ch02.html#d0e407
•   Type III—Functionally Integrated. Check this box if the organization is not described in Type I or Type II above and qualifies as a Type III functionally integrated supporting organization by meeting the following requirements:
1.   The organization meets the notification requirement described in line 11h, column (v);
2.   The organization meets the responsiveness test (both the relationship requirement and the significant voice requirement) described in Regulations section 1.509(a)-4(i)(3); and
3.   The organization meets the integral part test by engaging in activities substantially all of which directly further the exempt purposes of one or more supported organizations, and, but for the supporting organization's involvement, such activities would normally be engaged in by the supported organizations; or, alternatively, by being the parent of each of its supported organizations. See Regulations section 1.509(a)-4(i)(4).
Transition Rule. On December 28, 2012, new regulations changed this integral part test for a Type III functionally integrated supporting organization, primarily by requiring that “substantially all” of the organization's activities must directly further the supported organizations' exempt purposes. Some organizations that met the integral part test for prior tax years may no longer meet the new integral part test. However, under transition rules (Regulations section 1.509(a)-4(i)(11)(ii)(A)), an organization in existence on December 28, 2012 that met and continues to meet the prior integral part test for Type III functionally integrated supporting organizations will be deemed to have met the new integral part test for its first tax year beginning after December 28, 2012 only, and therefore may check the box for line 11c, if it satisfies the other requirements for Type III functionally integrated supporting organizations. For subsequent tax years, the organization must meet the new integral part test in order to qualify as functionally integrated.

Number 3 from above is interesting:
3.   The organization meets the integral part test by engaging in activities substantially all of which directly further the exempt purposes of one or more supported organizations, and, but for the supporting organization's involvement, such activities would normally be engaged in by the supported organizations; or, alternatively, by being the parent of each of its supported organizations. See Regulations section 1.509(a)-4(i)(4).

If WUS was not created would NI be performing the tech assist and supervision of the facilities?

So what is the function of WUS?
WUS's function is to provide technical assistance and supervision to existing Narconon Facilities.
Below are parts of  WUS 2012 Form 990 with my comments
The purpose of WUS is stated in Part I Summary "Technical assistance and supervision of drug rehabilation centers"


Part III  Statement of Program Service Accomplishments. "Technical assistance and supervision of drug rehabilitation centers".


 WUS income from Part VIII "Tech Assistance to Rehab Centers" for over $900,000.00.


How many drug rehabilitation centers does WUS supervise (10), from Part III 4a.
Also note in the comment that WUS "continued its expansion at existing centers"

So according to WUS they provide technical assistance and supervision for 10 rehab facilities in the western part of the United States

What function does WUS perform for NI, from WUS 2012 Form 990 Part IV, by "FURNISHING TECHNICAL ASSISTANCE ON THEIR BEHALF TO LOCAL NARCONON DRUG REHABILIATION CENTERS IN THE WESTERN UNITED STATES"


Also from NI 2012 Form 990, NI spent over 1.4M assisting and supervising Rehab Centers.
NI 2012 Form 990 Part IX Statement of Functional Expenses 24a list "Asst & Supv of Rehab Ctrs" for over 1.4M.



WUS also holds funds for NI.


Narconon Eastern United States (EUS)
Narconon Eastern United States (EUS) is basically the same a WUS and they supervise 7 facilities.


Their income from program revenue for 2012 is $527758


How do they generate that revenue same as WUS Part VIII Statement of Revenue 2a Tech Asst & Supv of Rehab Ctrs  $527188


What is the total cost of WUS and EUS to provide technical assistance and supervision?
From above WUS

From above EUS     

Total cost = $1428031.00

Remember WUS and EUS are functionally related to NI, from NI 2012 Form 990 Part IX 24 Statement of Functional Expenses 24b  Asst & Supv of Rehab Ctrs. $1460527.00



Looks like NI funds WUS and EUS and they follow NI's directions.

Association for Better Living (ABLE).
Assumption which maybe wrong.
Narconon International = NI
Narconon Westeren United States = WUS
Narconon Easteren United States = EUS
If above is correct, ABLE does have direct contact with Narconon other than licenses.
From ABLES’s 2012 Form 990