Author Topic: The Desmond Family v. Narconon of Georgia, Narconon International, et al  (Read 167448 times)

Offline SocialTransparency

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This is one that everyone who has even the least bit of interest in this case will want to read.

|*\                                                                                 /*|


Plaintiffs Patrick C. Desmond and Mary C. Desmond, individually,
and Mary C. Desmond, as Administratrix of the Estate of Patrick W. Desmond,
file this First Amended Complaint.

The Plaintiffs add counts of Civil RICO
by Fraudulent Statements to a Government Agency,
Mail Fraud, and Theft by Deception.


Plaintiffs hereby incorporate by reference each
allegation, count, claim, request for damages, and
all supporting evidence set out in their Original Complaint.

http://alley.ethercat.com/storage/10A28641/10A28641-2-2012-03-27-PlaintiffFirstAmendedComplaintToAddAllegationsAndClaims.pdf

Please post and discuss any bits from it that interest or excite you.  The PDF has been OCR'ed and you should be able to easily copy and paste from it.
I worry that the current housing situation could be running outside gov licensing or oversite. Mirroring what has already happened.

Offline Mary_McConnell

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regarding that link, I forgot to mention that it also states that the judge can refer the complaint to the authorities for prosecution!  ooo}
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 SocialTransparency

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regarding that link, I forgot to mention that it also states that the judge can refer the complaint to the authorities for prosecution!  ooo}
 

 Prosecution is very much needed. This is in my opinion just the tip of the iceberg so to speak. A decades long fraud has been perpetrated. That fraud @ its core originated within a so called church here in Georgia. This fraud tragically ended with the loss of an innocent life. This fraud and others are endemic here in the State of Georgia when it comes to scientology. The Church of Scientology of Georgia is riff with fraudsters.

 My question is "WHY" does it take the life of an innocent young man to shed light on that which this fraud rose from? Why does the city of Sandy Springs Georgia " NEED" to arbitrate with this in my opinion fraudulent entity? Why does the State of Georgia "ALLOW" this fraudulent entity license to ply its ideology @ the expense of we the citizen?

 Why is it that @ this very moment Darrell Hall of Discoverycourse and Mary Rieser of NarCONon of Georgia AND NarCONon International work criminally in concert to continue this fraud unabated?

Offline Mary_McConnell

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Photos of Darrell transporting these people to and fro would help document the connection.

Between that and what is noted in the complaint about the collusion scam, that should get the housing program and Narconon of Georgia closed down now.

"290-4-2-.21 Residential Transitional Treatment Programs.
Such residences provide services on an intermediate basis for clients characterized as chronic substance abusers who are transitioning to the community or to other treatment modalities, and who, typically, lack a stable living situation and require variable levels of therapeutic services. Facilities that only provide housing for persons, such as half-way houses or temporary shelters, are not subject to licensure as residential transitional treatment programs, unless the residence offers treatment services or is a supportive service owned and/or controlled by a licensed program. 
http://rules.sos.state.ga.us/docs/290/4/2/21.pdf

(e) Exclusions. The following types of entities are not subject to these specific rules:
5. Organizations or persons that provide supportive services (i.e. residence, transportation, and etc.) to drug dependent persons but do not offer or purport to offer"Drug Abuse Treatment and Educational Programs."

Support services under the direct control of licensed programs must be a part of the licensed program.
Authority O.C.G.A. Secs. 26-5-6 to 26-5-11, 26-5-14, 31-2-4. History.
Original Rule entitled “Client Care” adopted. F. Nov. 17, 1975; eff. Dec. 7, 1975. Repealed: New Rule entitled “Licenses” adopted. F. Sept. 18,1997; eff. Oct. 8, 1997.

http://rules.sos.state.ga.us/cgi-bin/jump.cgi?ID=4385

For more info:

DEPARTMENT OF HUMAN SERVICES : MENTAL HEALTH, DEVELOPMENTAL DISABILITIES AND ADDICTIVE DISEASES : DRUG ABUSE TREATMENT AND EDUCATION PROGRAMS 
LINKS: 
 Legal Authority
290-4-2-.01

Title and Purposes
290-4-2-.02

Definitions
290-4-2-.03

Governing Body
290-4-2-.04

Licenses
290-4-2-.05

Accreditation
290-4-2-.06

Applications
290-4-2-.07

Inspections and Plans of Corrections
290-4-2-.08

Administration
290-4-2-.09

Staffing
290-4-2-.10

Physical Plant and Safety
290-4-2-.11

Food Service
290-4-2-.12

Client Referral, Intake, Assessment, and Admission  updated
290-4-2-.13

Individual Treatment Planning
290-4-2-.14

Medications
290-4-2-.15

Quality Assurance
290-4-2-.16

Discharge Summaries and Aftercare Plans
290-4-2-.17

Residential Sub-acute Detoxification Programs
290-4-2-.18

Ambulatory Detoxification Programs
290-4-2-.19

Residential Intensive Treatment Programs
290-4-2-.20

Residential Transitional Treatment Programs
290-4-2-.21

Specialized Day Treatment Programs
290-4-2-.22

Outpatient Drug Treatment Programs
290-4-2-.23

Special Programs
290-4-2-.24

Client's Rights, Responsibilities, and Complaints
290-4-2-.25

http://rules.sos.state.ga.us/pages/DEPARTMENT_OF_HUMAN_SERVICES/MENTAL_HEALTH__DEVELOPMENTAL_DISABILITIES_AND_ADDICTIVE_DISEASES/DRUG_ABUSE_TREATMENT_AND_EDUCATION_PROGRAMS/index.html
« Last Edit: April 01, 2012, 10:42 by Mary_McConnell »
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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regarding that link, I forgot to mention that it also states that the judge can refer the complaint to the authorities for prosecution!  ooo}
 

 Prosecution is very much needed. This is in my opinion just the tip of the iceberg so to speak. A decades long fraud has been perpetrated. That fraud @ its core originated within a so called church here in Georgia. This fraud tragically ended with the loss of an innocent life. This fraud and others are endemic here in the State of Georgia when it comes to scientology. The Church of Scientology of Georgia is riff with fraudsters.

 My question is "WHY" does it take the life of an innocent young man to shed light on that which this fraud rose from? Why does the city of Sandy Springs Georgia " NEED" to arbitrate with this in my opinion fraudulent entity? Why does the State of Georgia "ALLOW" this fraudulent entity license to ply its ideology @ the expense of we the citizen?

 Why is it that @ this very moment Darrell Hall of Discoverycourse and Mary Rieser of NarCONon of Georgia AND NarCONon International work criminally in concert to continue this fraud unabated?

All good questions. It is glaringly obvious that a pattern of fraud, deception, and medical negligence exists. Yet, the state entities responsible for oversight of drug treatment have done very little, tmk.

One of the problems is the lack of collaboration between state entities. They really need to compare notes!
The ultimate authority must always rest with the individual's own reason and critical analysis.
-Dalai Lama

Offline SocialTransparency

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 How can "WE" demand a suspension of services via a governing oversight body? I mean as in this week? Darrell Hall is operating with Mary Rieser in the same fashion as she "Mary Rieser" was operating with the Delgados and others, which resulted in the tragic death of Patrick W Desmond. Nothing has changed. Zero!

 The scam continues unabated.

Offline Mary_McConnell

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Got permission to quote this reply from journalist Mark Ebner after emailing him and others about the amended complaint:

"Love this. RICO is tha magic acronym for the cult's overall downfall!"

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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How can "WE" demand a suspension of services via a governing oversight body? I mean as in this week? Darrell Hall is operating with Mary Rieser in the same fashion as she "Mary Rieser" was operating with the Delgados and others, which resulted in the tragic death of Patrick W Desmond. Nothing has changed. Zero!

 The scam continues unabated.

The only way that I know to attempt this is to contact each state agency. Perhaps another letter-writing campaign similar to the sheriff's project or an online petition?   
The ultimate authority must always rest with the individual's own reason and critical analysis.
-Dalai Lama

Offline SomeonesSister

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i'm just saying that from reading all of this I can say from what i have heard from my sister they are doing the EXACT same thing.  exactly the same thing.

Offline Mary_McConnell

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i'm just saying that from reading all of this I can say from what i have heard from my sister they are doing the EXACT same thing.  exactly the same thing.

I know! The information you gave, along with HowardHeidi has not fallen on deaf ears. 

You can alway PM ethercat with any information that you get that will help document what's going on. Like on the housing.... In the mean time, I'm praying your sister hangs in there and does not become a scientologist.
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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Form 990 describing Narconon Int. role in the supervisions of Narconons in the Eastern US.

On PDF page 3 of Narconon Eastern United States (NEUS) Form 990 year 2006 explains the relationship of Narconon Int. to Narconon Eastern United States and the Narconons that NEUS oversees.

PDF page 17 records a 12,729.00 loan to Narconon of George with 0% interest.

PDF page 19 explains the primary purpose of NEUS under the direction of Narconon Int. One is to monitor and maintain quality delivery of Narconon services through facility inspections.
 
http://207.153.189.83/EINS/731690918/731690918_2006_03587EAF.PDF

Offline Mary_McConnell

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Yes, sunshine. Already noted, lol. These people are fools, heh?
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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I thought the Robbins Health Alliance website might be of interest. The super-special treatments are offered downstairs!

http://www.robbinshealth.com/
« Last Edit: April 11, 2012, 23:20 by mefree »
The ultimate authority must always rest with the individual's own reason and critical analysis.
-Dalai Lama

Offline SocialTransparency

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Thought The Robbins Health Alliance website might be of interest. The super-special treatments are offered downstairs!

http://www.robbinshealth.com/
Teeth whitening... Sweeeeeeeet!

Offline Mary_McConnell

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Hi all, just to give you a sense of how serious this is, here are some of the main and RICO claims in the complaint . Keep in mind that one of the plaintiff's attorney's ( J Antonio DelCampo, was originally a judge overseeing the case when it first began.


He retired and then joined the plaintiff team Harris Penn Lowry DelCampo, LLP. and started helping the lead attorney on it. That says much about the strength of the case.



( NNG=Narconon of Georgia; NNI = Narconon International; Delgado Development - Don and Maria Delgado, CoS Georgia

ACTS OF FALSE STATEMENTS TO A GOVERNMENT AGENCY[..]
At all relevant times, NNI heavily regulated the Narconon Life Skills Program and performed routine audits to ensure compliance with NNG's license to implement L. Ron Hubbard's "technology." NNI was routinely copied on NNG's internal memoranda concerning the operations of NNG, including NNG's emergency Urgent Directives concerning the conditions of housing at Delgado. As a result, NNI either knew or should have known that NNG was operating in violation of State regulations and had illegally incorporated a surrogate residential facility. NNI, by and through its licensing fee agreement, also profited from NNG's fraudulent scheme and is therefore associated in fact with NNG, Mary Rieser, Delgado, Maria and Don Delgado, and Dr. Robbins. [..]


THEFT BY DECEPTION AND MAIL FRAUD
117.
At all relevant times, NNG, by and through its agents, employed a scheme or artifice to defraud by representing the Narconon program as a facility that could and would provide any service, regardless of truth or accuracy, if doing so would secure the students enrollment and payment for the program.

Particularly, NNG, by and through its agents, fraudulently represented to the Desmonds and the Brevard County Drug Court that NNG was a residential treatment program and would provide treatment to Patrick for a period of six months.

119.
At all times relevant hereto, NNG's letterhead always included an "outpatient" designation when correspondence between NNG and DHR took place. However, Mary Rieser and employees acting at her direction intentionally removed the word "outpatient" from NNG's letterhead when written communication between NNG and a court agency occurred.

120.
On September 10, 2007, NNG, by and through its agent Mary Rieser, personally represented that NNG was a residential program, lasting for at least for six months. Rieser faxed the Drug Court director information providing further assurances that Patrick would be treated in a residential facility. Rieser intentionally removed the "outpatient" designation from the letterhead.

121.
NNG, in furtherance of its scheme to defraud and secure Patrick's enrollment, intentionally removed the "outpatient" designation from letterhead on correspondence directed to Patrick's criminal defense attorney, soliciting support for Patrick's enrollment in NNG.

122.
In reliance on the false and material representations of NNG, Patrick arrived at NNG on September 24, 2007. Upon his arrival, NNG, by and through its agent Rieser, accepted payment in the amount of $13,000.00 (thirteen thousand dollars) from the Desmonds for six months of residential alcohol treatment and rehabilitation.

COUNT V:
CIVIL CONSPIRACY BY NNG, NNI AND DELGADO
161.
NNG, NNI and Delgado acted together and in concert to facilitate the unlicensed and illegal operation of a drug and alcohol rehabilitation housing program at the One Sovereign Place apartment complex.
162.
The actions of NNG, NNI, and Delgado to facilitate the illegal and unlicensed operation of a drug and alcohol rehabilitation program at One Sovereign Place proximately caused Patrick Desmond's death, pain and suffering, and other damages.

COUNT VII:
FRAUD OF NNI
166.
In the immediate aftermath of the death of Patrick W. Desmond, NNI, by its agents, employees or representatives, coordinated efforts to perpetrate a fraudulent coverup of the circumstances and events leading up and resulting in his death. Such efforts included, but were not limited to the following:
a. providing intentionally false and misleading information or causing intentionally false and misleading information to be provided to law enforcement entities, to include but not be limited to the DeKalb County Medical Examiner's Office; and
b. drafting and submitting an intentionally false and misleading report dated June 19, 2008 or causing an intentionally false and misleading report dated June 19, 2008 to be drafted and submitted to the Brevard County Drug Court, supposedly pursuant to O.C.R R.G. §290-4-2.09 (13).

COUNT VIII:
CIVIL RICO FOR FALSE STATEMENTS TO A GOVERNMENT AGENCY
167.
NNI, NNG, Delgado, and Dr. Robbins, by and through their agents, unlawfully acquired, maintained an interest in, and/or had control over, an enterprise or property of any nature, including money, through a pattern of racketeering activity.

168.
NNI, NNG, Delgado, and Dr. Robbins, by and through their agents, unlawfully sought employment by or associated with an enterprise to either conduct or participate in, either directly or indirectly, the enterprise through a pattern of racketeering activity.
169.
NNI, NNG, Delgado, and Dr. Robbins, by and through their agents, are associated in fact and therefore engaged in at least two acts of racketeering activity by committing numerous counts of False Statements and Writings to a Government Agency, as defined by O.C.G.A § 16-10-20, by knowingly and willfully falsifying, concealing or covering up by trick, scheme, or other device the following material facts:

a. Knowingly and willfully falsifying and/or concealing from DHR the true nature and scope of Dr. Robbins' duties as a medical director as contemplated and required by DHR in order for NNG to obtain its 2007 ambulatory detoxification license.

b. Knowingly and willfully falsifying Joan Daniels as a clinical director on all license applications between 2004 and 2007, who is responsible for all treatment services, and/or concealing from DHR the true nature and scope of Joan Daniels' employment, which was contrary to that required by DHR for clinical directors.

c. Knowingly and willfully falsifying Robin Muse as a clinical director on NNG 2007 license application, who is responsible for all treatment services, and/or concealing from DHR the true nature and scope of Robin Muse's employment, which was contrary to that required by DHR for clinical directors.
d. Knowingly and willfully concealing from DHR that NNG was illegally operating a residential drug and rehabilitation facility without the proper licensing from the State on all license applications between 2003 and 2007.

e. Knowingly and willfully falsifying and/or concealing from DHR the detoxification component of NNG treatment regimen in its 2003 license application solely for an outpatient facility.

f. Knowingly and willfully falsifying and/or concealing from DHR NNG's compliance with creating adequate individualized treatment plans, routinely updating patient files, and creating discharge and aftercare plans on all license applications between 2003 and 2007.

g. Knowingly and willfully falsifying and/or concealing from DHR NNG compliance with ensuring a drug-free workplace on all license applications h. Knowingly and willfully concealing from DHR NNG's compliance with the DHR Rules prohibiting behavioral management techniques denying students of
essential program services on all license applications between 2003 and 2007

COUNT IX
CIVIL RICO BY MAIL FRAUD
170.
NNI, NNG, Delgado, and Dr. Robbins, by and through their agents, unlawfully sought employment by or associated with an enterprise to either conduct or participate in, either directly or indirectly, the enterprise through a pattern of racketeering activity.

171.
NNI, NNG, Delgado, and Dr. Robbins, by and through their agents, unlawfully acquired, maintained an interest in, and/or had control over, an enterprise or property of any nature, including money, through a pattern of racketeering activity.

172.
NNI, NNG, Delgado, and Dr. Robbins, by and through their agents, are associated in fact, and therefore engaged in at least two acts of racketeering activity by committing numerous counts of mail fraud in violation of 18 U.S.C.A. § 1343, by having transmitted written communication by wire or mail that was devised in scheme to defraud and/or constituted an attempt to obtain money or property by a means of false or fraudulent pretenses, representations, or promises.
173.
Specifically, NNG enrolled patients sentenced to residential rehabilitation in lieu of incarceration by intentionally removing or omitting the word "outpatient" in NNG's letterhead transmitted by facsimile and/or email to the following:

a. Officers of Florida Drug Court on September 10, 2007, January 4, 2008, and June 4, 2008, as well as Patrick Desmond's criminal defense attorney on September 10, 2007.

b. Officers of the Tennessee criminal court pertaining to Bradley Taylor on January 7, 2008.

COUNT X
CIVIL RICO BY THEFT BY DECEPTIONS
174.
NNI, NNG, Delgado, and Dr. Robbins, by and through their agents, unlawfully sought employment by or associated with an enterprise to either conduct or participate in, either directly or indirectly, the enterprise through a pattern of racketeering activity.
175.
NNI, NNG, Delgado, and Dr. Robbins, by and through their agents, unlawfully acquired, maintained an interest in, and/or had control over, an enterprise or property of any nature, including money, through a pattern of racketeering activity.
176.
NNI, NNG, Delgado, and Dr. Robbins, by and through their agents, are associated in fact, and therefore engaged in at least two acts of racketeering activity by committing theft by deception, in violation of O.C.G.A. § 16-8-3, by obtaining money by deceitful means or artful practice with the intention of depriving the owner of the property, specifically by creating or confirming an impression and/or failing to correct the false impression and/or promising to perform services in which NNG did not provide to the Florida Drug Court, Plaintiffs Patrick and Mary Desmond, the Tennessee Court, and Bradley Taylor's father in the following particulars:

a. That NNG was licensed to provide residential rehabilitation treatment.
b. That NNG would provide adequate supervision of its patients twenty four hours a
day.
c. That NNG would provide substantive education as the physiological component of
alcohol and substance abuse on the body.
d. That NNG was otherwise in compliance with applicable DHR Rules governing
drug and rehabilitation treatment facilities.

PUNITIVE DAMAGES AGAINST NARCONON AND NNI
177.
NNG and NNI acted intentionally and in concert in illegally operating an unlicensed housing program for its drug and alcohol rehabilitation patients, making intentionally false and fraudulent representations to Patrick C. Desmond, Mary C. Desmond, and the Brevard County Drug Court, and perpetrating a fraudulent cover-up of the circumstances and events leading up and resulting in the death of Patrick W. Desmond. Additionally, NNG's operation of, and NNI's knowledge of, its drug and alcohol rehabilitation program showed willful misconduct, wantonness, oppression, or that entire want of care which raises the presumption of conscious indifference to consequences.

Accordingly, Plaintiffs are entitled to an award of punitive damages pursuant to O.C.G. A. §
51-12-5.1.
WHEREFORE, Plaintiffs pray for the following relief:

1. That summons and process be issued requiring these Defendants to appear
as provided by law to answer the allegations of this Complaint;
2. That Plaintiffs have a TRIAL BY JURY of all issues so triable;
3. That Plaintiffs recover from Defendants the following: special damages such as: medical and hospital expenses, funeral expenses, past and future lost earnings, general damages for Patrick W. Desmond's bodily injury, fright, terror, pain and suffering and other necessary expenses incurred as a result of the incident at issue; and additional damages constituting the full value of the life of Patrick W. Desmond. The amount of all such compensatory damages shall be proven at trial and determined by the enlightened conscience of a jury;
4. That Plaintiffs recover punitive damages against the Defendants in amounts to be determined by the enlightened conscience of a jury;
5. That Plaintiffs have and recover all damages to which they are entitled
under Georgia law; and
6. That Plaintiffs have all such other and further relief as this Court deems
just and appropriate.

Respectfully submitted on this 21st Day of March 2012

Jeffrey R Harris
....
Harris Penn Lowry DelCampo, LLP


http://alley.ethercat.com/storage/10A28641/10A28641-2-2012-03-27-PlaintiffFirstAmendedComplaintToAddAllegationsAndClaims.pdf
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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An awesome legal team, indeed!

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

Offline ethercat

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I have many more documents to post that came before this one, but I'm going to post this one out of sequence because y'all are gonna love this!

Quote
PLAINTIFFS' BRIEF IN SUPPORT OF
MOTION FOR SANCTIONS
Plaintiffs ask this Court to sanction Narconon of Georgia ("NNGA") for its repeated, persistent and pervasive pattern of discovery abuse. For almost two (2) years, NNGA and its employees, have provided misleading and untruthful answers in deposition testimony and written discovery, and have intentionally withheld - until the eleventh hour - crucial, damning documents that should have been produced long ago. In fact, the only time that NNGA has produced the most inculpating evidence is when there is a pending discovery hearing or the Court has imposed deadlines for production.

Further, there are documents and witnesses that still have not been produced even though discovery in this case is set to close next week!

That's just the 1st page, there are 36 more pages in the brief itself, and 20 pages of supporting exhibits.

http://alley.ethercat.com/storage/10A28641/10A28641-2-2012-04-16-PlaintiffsBriefInsupportOfMotionForSanctions.pdf

If you're active on other forums or blogs, please post a link back to here: http://forum.reachingforthetippingpoint.net/index.php/topic,8408.msg22557.html#msg22557
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Offline SocialTransparency

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 Interesting that the Desmond legal team feel NarCONon of Georgia cannot FIND documents pertaining to individuals who are party to the case when asked. Hiding or destroying documents? Altering existing documents?

 The below photo was taken on 4/07/2012. The photo shows a Got Junk truck being loaded up in front of the NarCONon of Georgia facility in Norcross.

 Could the material being dumped into the Got Junk truck be of importance? CLICK ON PIC TO ENLARGE.

 

 Now remember folks who may not be aware. A surprise visit by the state DCH was executed on 4/10/2012.


Offline ethercat

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Interesting that the Desmond legal team feel NarCONon of Georgia cannot FIND documents pertaining to individuals who are party to the case when asked. Hiding or destroying documents? Altering existing documents?

Oh, I don't think the Desmond legal team feels that they can't find documents - I think they feel that Narconon of Georgia doesn't want to produce documents.  They're just being polite, as is customary in legal filings.  Read further.   ;)

Quote
The below photo was taken on 4/07/2012. The photo shows a Got Junk truck being loaded up in front of the NarCONon of Georgia facility in Norcross.

 Could the material being dumped into the Got Junk truck be of importance? CLICK ON PIC TO ENLARGE.

 

 Now remember folks who may not be aware. A surprise visit by the state DCH was executed on 4/10/2012.

Very interesting...   J-:B
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