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Foster's Daily Democrat

Aug 31, 2006
Lawyers drop Gentle Wind; say group hasn't paid up

DURHAM — The Gentle Wind Project's law firm is refusing to represent
the organization any longer, citing nonpayment of legal fees.

The project now will represent itself in an ongoing lawsuit against
former members.

Gentle Wind lost its nonprofit status this month as part of a legal
settlement with the state of Maine after the state sued, alleging
fraudulent and misleading business practices.

But the group, which focuses on spiritual healing techniques, has
vowed to continue operating in other states through volunteers.

Gentle Wind is suing former members Judy Garvey and Jim Bergin, of
Blue Hill, Maine, alleging defamation.

The former members, who are married, have compared Gentle Wind to a
cult in postings on their website. Gentle Wind filed suit against
the couple in January in York County Superior Court after a judge
dismissed the first suit the group filed in 2004 in federal court.

Verrill Dana and attorneys James Goggins, Daniel Rosenthal, and
Suzannah Pogue filed a motion dated Aug. 8 to withdraw from
representing Gentle Wind.

"The clients deliberately disregarded an agreement with, or
obligation to, the lawyer as to expenses or fees," the attorneys
wrote in the motion.

Gentle Wind's board of directors — John Miller, Mary Miller, Carol
Miller, Shelly Miller, Pam Ranheim, and Joan Carreiro — subsequently
filed notices as individual plaintiffs for appearance "pro se,"
meaning they will represent themselves.

The group had lived together in Durham, N.H. The Millers are not
related.

Gentle Wind was headquartered in Kittery, Maine, until the group
agreed to dissolve this month. The Maine Attorney General's office,
in an Aug. 14 statement, said Gentle Wind violated the Maine Unfair
Trade Practices Act with claims about its "healing instruments,"
which the AG said offer no benefits. The Attorney General also said
the charity and its funds were mismanaged.

Gentle Wind claimed the instruments — principally hand-held
laminated cards and plastic pucks — improve emotional, mental, and
physical functioning. Maine's AG argued that there was no scientific
evidence supporting such claims. In addition, the suggested
donations the group received for the instruments were spent
wrongfully on personal property, the AG alleged in the lawsuit.

Each member of the board of directors was banned from serving as
fiduciaries or advisers for any other Maine nonprofit.

The remaining assets of Gentle Wind after civil penalties and costs
were to be distributed by the Attorney General as restitution to
their consumers and to a Maine charity whose charitable mission is
to provide services to those with mental health disabilities.

The Gentle Wind website now lists an address of Sparks, Nev.

A recent posting on the website describes the project as an all-new,
volunteer not-for-profit. They do not make any claims about the
relief their instruments may provide, and they do not accept any
donations for them, the website says.

"We are a group of people who want to make the world a better,
easier place," the website reads.