Steven Fishman
Encyclopedia
Steven Fishman is an American
former Scientologist whose inclusion of Scientology's secret Operating Thetan
levels in a court filing led to the first public confirmation by the Church of Scientology of its doctrines regarding Xenu
and the Wall of Fire.
scheme he conducted from 1983 to 1988. Fishman joined dozens of class action
lawsuits by presenting stock purchase confirmations he had stolen from his employer and forged. In this manner he made approximately one million dollars, as much as 30 percent of which he spent on Scientology materials and services.
Fishman was arrested in July 1988 and charged with several counts of fraud. The FBI also investigated the possibility of church involvement in the scheme.
Fishman's attorney, Marc Nurik, had planned to use an insanity defense, offering false memory syndrome theorist Richard Ofshe
and psychologist Margaret Singer
as expert witness
es.
Fishman sat for a seven-part videotaped interview with Ofshe and Nurik. In the interview, he discussed in detail various aspects of Scientology doctrine, his own Scientology involvement, and the church's response to his arrest. Fishman claimed that church staff had ordered him to murder his psychologist
, Uwe Geertz, who had knowledge of his Scientology involvement, and then to commit suicide
.
At the same time, according to Fishman, he participated in a conspiracy with church staff to deflect accusations of church involvement, by submitting fake documents and making false statements to his defense team. For these acts he was further charged with obstruction of justice
. The court ultimately blocked Nurik's defense strategy by rejecting both expert witnesses, based on the testimony of opposing expert Dick Anthony
. Fishman pleaded guilty to one count of mail fraud and one count of obstruction, and the court sentenced him on July 20, 1990 to five years imprisonment in the Butner Federal Correctional Institution
. Fishman later claimed that the church hired Scientologist inmate Luis Martinez to kill him in prison.
He was parole
d in mid-1993.
According to Anthony, who had opposed Ofshe and Singer, Fishman's criminal case was one of several in which they had attempted to introduce their ideas of coercive persuasion by religious groups. The court's admissibility ruling came as a setback to American critics of cult
s. Ofshe and Singer sued Anthony unsuccessfully, claiming that he mischaracterized the basis of their theories in this and other cases.
magazine published a highly critical cover story
on Scientology by Richard Behar
. The story mentioned Fishman's fraud conviction and the alleged plot to eliminate him and Geertz. The church responded by filing libel lawsuits against Time Warner
, Behar, and Fishman and Geertz jointly.
In support of his contention that he had been brainwashed and ordered to murder Geertz, Fishman attached a series of documents to a motion to reconsider venue
. This filing has since become known as the Fishman Affidavit. It included purported Scientology documents describing obstructionist tactics to use in the event of an arrest, as well as versions of Operating Thetan
levels I through VII and purported excerpts of OT VIII
. Fishman's filing placed the advanced materials on record at the district court, available for viewing by the general public. Despite an unsuccessful church motion to seal
the court record and efforts to keep the court files continuously checked out, former Scientologist Arnaldo Lerma
obtained the affidavit and posted it on the internet
, after which it spread uncontrollably. In the process of suing Lerma for copyright infringement
, the church confirmed that the copies of levels I through VII were accurate.
A federal district court summarily dismissed the church's claims against Time Warner and Behar, finding that they had not acted with actual malice
insofar as the church was concerned. The church dropped its claims against Fishman and Geertz after Geertz's legal team served subpoena
s upon Scientologist celebrities Kelly Preston
, Juliette Lewis
and Isaac Hayes
.
The court record in the Fishman case remained open to the public.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
former Scientologist whose inclusion of Scientology's secret Operating Thetan
Operating Thetan
In Scientology, the state of Operating Thetan is a spiritual state above Clear. L. Ron Hubbard, the founder of Scientology, defined it as "knowing and willing cause over life, thought, matter, energy, space and time ". According to religious scholar J...
levels in a court filing led to the first public confirmation by the Church of Scientology of its doctrines regarding Xenu
Xenu
Xenu ,also spelled Xemu, was, according to the founder of Scientology L. Ron Hubbard, the dictator of the "Galactic Confederacy" who, 75 million years ago, brought billions of his people to Earth in a DC-8-like spacecraft, stacked them around volcanoes and killed them using hydrogen bombs...
and the Wall of Fire.
Fraud scheme
The origins of Fishman's dispute with the Church of Scientology lay in a fraudFraud
In criminal law, a fraud is an intentional deception made for personal gain or to damage another individual; the related adjective is fraudulent. The specific legal definition varies by legal jurisdiction. Fraud is a crime, and also a civil law violation...
scheme he conducted from 1983 to 1988. Fishman joined dozens of class action
Class action
In law, a class action, a class suit, or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued...
lawsuits by presenting stock purchase confirmations he had stolen from his employer and forged. In this manner he made approximately one million dollars, as much as 30 percent of which he spent on Scientology materials and services.
Fishman was arrested in July 1988 and charged with several counts of fraud. The FBI also investigated the possibility of church involvement in the scheme.
Fishman's attorney, Marc Nurik, had planned to use an insanity defense, offering false memory syndrome theorist Richard Ofshe
Richard Ofshe
Richard Ofshe is a Professor Emeritus of Sociology at the University of California, Berkeley. He is a member of the advisory board of the False Memory Syndrome Foundation advocacy organization, and is known for his expert testimony relating to coercion in small groups, confessions, and...
and psychologist Margaret Singer
Margaret Singer
Dr. Margaret Thaler Singer, was a clinical psychologist and a part-time Adjunct Professor in the Department of Psychology at the University of California, Berkeley, U.S....
as expert witness
Expert witness
An expert witness, professional witness or judicial expert is a witness, who by virtue of education, training, skill, or experience, is believed to have expertise and specialised knowledge in a particular subject beyond that of the average person, sufficient that others may officially and legally...
es.
Fishman sat for a seven-part videotaped interview with Ofshe and Nurik. In the interview, he discussed in detail various aspects of Scientology doctrine, his own Scientology involvement, and the church's response to his arrest. Fishman claimed that church staff had ordered him to murder his psychologist
Psychologist
Psychologist is a professional or academic title used by individuals who are either:* Clinical professionals who work with patients in a variety of therapeutic contexts .* Scientists conducting psychological research or teaching psychology in a college...
, Uwe Geertz, who had knowledge of his Scientology involvement, and then to commit suicide
Suicide
Suicide is the act of intentionally causing one's own death. Suicide is often committed out of despair or attributed to some underlying mental disorder, such as depression, bipolar disorder, schizophrenia, alcoholism, or drug abuse...
.
At the same time, according to Fishman, he participated in a conspiracy with church staff to deflect accusations of church involvement, by submitting fake documents and making false statements to his defense team. For these acts he was further charged with obstruction of justice
Obstruction of justice
The crime of obstruction of justice, in United States jurisdictions, refers to the crime of interfering with the work of police, investigators, regulatory agencies, prosecutors, or other officials...
. The court ultimately blocked Nurik's defense strategy by rejecting both expert witnesses, based on the testimony of opposing expert Dick Anthony
Dick Anthony
Dick Anthony is a forensic psychologist noted for his writings on brainwashing, and one of the most prolific researchers of the social and psychological aspects of involvement in new religious movements.-Academic career:...
. Fishman pleaded guilty to one count of mail fraud and one count of obstruction, and the court sentenced him on July 20, 1990 to five years imprisonment in the Butner Federal Correctional Institution
Butner Federal Correctional Institution
Federal Correctional Complex, Butner is a U.S. federal prison complex located in Butner, North Carolina, United States, about northwest of Raleigh, the state capital.-Facilities:The complex consists of four facilities:...
. Fishman later claimed that the church hired Scientologist inmate Luis Martinez to kill him in prison.
He was parole
Parole
Parole may have different meanings depending on the field and judiciary system. All of the meanings originated from the French parole . Following its use in late-resurrected Anglo-French chivalric practice, the term became associated with the release of prisoners based on prisoners giving their...
d in mid-1993.
According to Anthony, who had opposed Ofshe and Singer, Fishman's criminal case was one of several in which they had attempted to introduce their ideas of coercive persuasion by religious groups. The court's admissibility ruling came as a setback to American critics of cult
Cult
The word cult in current popular usage usually refers to a group whose beliefs or practices are considered abnormal or bizarre. The word originally denoted a system of ritual practices...
s. Ofshe and Singer sued Anthony unsuccessfully, claiming that he mischaracterized the basis of their theories in this and other cases.
Libel case
In 1991, while Fishman was still incarcerated, TimeTime (magazine)
Time is an American news magazine. A European edition is published from London. Time Europe covers the Middle East, Africa and, since 2003, Latin America. An Asian edition is based in Hong Kong...
magazine published a highly critical cover story
The Thriving Cult of Greed and Power
"The Thriving Cult of Greed and Power" is an article, written in 1991 by U.S. investigative journalist Richard Behar, which is highly critical of Scientology. It was first published by Time magazine on May 6, 1991, as an eight-page cover story, and was later published in Reader's Digest in October...
on Scientology by Richard Behar
Richard Behar
Richard Behar is an award-winning American investigative journalist who has written on the staffs of leading magazines including Forbes, Time and Fortune over a 22-year period from 1982-2004. His work has also appeared on CNN and PBS...
. The story mentioned Fishman's fraud conviction and the alleged plot to eliminate him and Geertz. The church responded by filing libel lawsuits against Time Warner
Time Warner
Time Warner is one of the world's largest media companies, headquartered in the Time Warner Center in New York City. Formerly two separate companies, Warner Communications, Inc...
, Behar, and Fishman and Geertz jointly.
In support of his contention that he had been brainwashed and ordered to murder Geertz, Fishman attached a series of documents to a motion to reconsider venue
Venue (law)
Venue is the location where a case is heard. In the United States, the venue is either a county or a district or division . Venue deals with locality of a lawsuit--that is, in which locale a lawsuit may be filed or commenced...
. This filing has since become known as the Fishman Affidavit. It included purported Scientology documents describing obstructionist tactics to use in the event of an arrest, as well as versions of Operating Thetan
Operating Thetan
In Scientology, the state of Operating Thetan is a spiritual state above Clear. L. Ron Hubbard, the founder of Scientology, defined it as "knowing and willing cause over life, thought, matter, energy, space and time ". According to religious scholar J...
levels I through VII and purported excerpts of OT VIII
OT VIII
OT VIII is the highest current course and level in Scientology. Collectively, the OTs are referred to as Operating Thetan course materials. OT VIII is known as "The Truth Revealed"....
. Fishman's filing placed the advanced materials on record at the district court, available for viewing by the general public. Despite an unsuccessful church motion to seal
Record sealing
Record sealing is the practice of sealing or, in some cases, destroying court records that would otherwise be publicly accessible as public records. The term is derived from the tradition of placing a seal on specified files or documents that prevents anyone from reviewing the files without...
the court record and efforts to keep the court files continuously checked out, former Scientologist Arnaldo Lerma
Arnaldo Lerma
Arnaldo Pagliarini Lerma is an American writer and activist, a former Scientologist, and critic of Scientology, who has appeared in television, media and radio interviews...
obtained the affidavit and posted it on the internet
Internet
The Internet is a global system of interconnected computer networks that use the standard Internet protocol suite to serve billions of users worldwide...
, after which it spread uncontrollably. In the process of suing Lerma for copyright infringement
Copyright infringement
Copyright infringement is the unauthorized or prohibited use of works under copyright, infringing the copyright holder's exclusive rights, such as the right to reproduce or perform the copyrighted work, or to make derivative works.- "Piracy" :...
, the church confirmed that the copies of levels I through VII were accurate.
A federal district court summarily dismissed the church's claims against Time Warner and Behar, finding that they had not acted with actual malice
Actual malice
Actual malice in United States law is a condition required to establish libel against public officials or public figures and is defined as "knowledge that the information was false" or that it was published "with reckless disregard of whether it was false or not." Reckless disregard does not...
insofar as the church was concerned. The church dropped its claims against Fishman and Geertz after Geertz's legal team served subpoena
Subpoena
A subpoena is a writ by a government agency, most often a court, that has authority to compel testimony by a witness or production of evidence under a penalty for failure. There are two common types of subpoena:...
s upon Scientologist celebrities Kelly Preston
Kelly Preston
Kelly Preston is an American actress and former model.- Early years :Preston was born Kelly Kamalelehua Smith in Honolulu, Hawaii. Her mother, Linda, was an administrator of a mental health center, and her father, who worked for an agricultural firm, drowned when Preston was three years old...
, Juliette Lewis
Juliette Lewis
Juliette Lewis is an American actress and musician. She gained international fame for her role in the 1991 thriller Cape Fear for which she was nominated for both an Academy Award and Golden Globe for Best Supporting Actress...
and Isaac Hayes
Isaac Hayes
Isaac Lee Hayes, Jr. was an American songwriter, musician, singer and actor. Hayes was one of the creative influences behind the southern soul music label Stax Records, where he served both as an in-house songwriter and as a record producer, teaming with his partner David Porter during the...
.
The court record in the Fishman case remained open to the public.