This is a copy/pasta of the letter that was sent. I've posted it here with the blessing of Barry Van Sickle.
Page 1
BARRY VAN SICKLE
ATTORNEY
AT LAW
1079
SUNRISE
AVENUE
·SUITE
B-315
• ROSEVILLE·
CA .95661
PHONE:
(916)
549-8784
• EMAIL:
BARRYVANSICKLE@COMCAST.NET
November 11, 2009
VIA U.S. MAIL
Mr. Mislav Raos
IAS Administations
1311 N. New Hampshire Ave.
Los Angeles, CA 90027
RE:
Kevin & Vicky Mackey
Dear Mr. Raos,
Please be advised that Kevin and Vicky Mackey have retained attorneys
Graham Berry and Barry Van Sickle to pursue their claims for a return of money
taken from them by IAS. In addition to seeking what was taken from them by
lAS, Mr. and Mrs. Mackey are assembling a group of former Scientologists who
also seek a return of IAS payments.
This activity is being conducted in
contemplation of filing a multi-party lawsuit unless IAS demonstrates a serious
intent to resolve these claims without the necessity of litigation.
I have reviewed the correspondence on the matter exchanged between
your office and the Mackeys. The Mackeys have been directed to submit their
claims to the IAS Administrative offices in Los Angeles, California. Accordingly,
we are writing to your office in Los Angeles and contemplate filing litigation in Los
Angeles if necessary
A comprehensive statement of the legal grounds upon which the Mackeys
and others will base their claims against IAS is beyond the scope and purpose of
this letter. In short, the IAS has a history of obtaining money by misleading,
coercing and deceiving its targets. A payment is not "voluntary" in the eyes of the
law if made in circumstances of misrepresentation, deceit, coercion or fraud. IAS
and Scientology "policy", which is typically given as an excuse to deny claims, is
largely irrelevant to this issue.
Mr. Mackey addresses several instances of coercive and fraudulent tactics
in his letter to you dated November 13, 2008. Your response suggests that Mr.
Mackey was uninformed, which is curious as he was there and you were not.
Under common law and California statute, one seeking "donations" for a
supposed charitable or religious cause has a fiduciary duty owed to the person form whom the "donation" is sought. (See e.g. California B&P Code §17510.8)
This fiduciary duty places a high duty of honesty, candor and good faith upon IAS
in seeking its purported donations.
The events listed in Mr. Mackey's
correspondence
indicate a pattern of deceit and manipulation which would
clearly be a breach of fiduciary duties.
In addition to deceit and coercion regarding the activities of lAS, and
where the money actually goes, there is the fact that IAS "donations" are part of
the purchase price for obtaining upper level services. Obtaining IAS payments
by misrepresentation, coercion, deceit and as disguised payment for services,
also brings consumer protection laws and unfair business practice laws into play.
This will not be the first in a series of letters written for refunds. I suspect
that litigation will be required. If the Scientology enterprise has a serious desire
to avoid litigation over IAS activities, now is the time to address these claims.
Sincerely,
BVS/kvs
CC:
Kendrick Moxon (by ernail only)
Graham Berry (by ernail only)
Kevin Mackey (by ernail only)