http://www.maine.gov/ag/press_release_pop_up.php?press_id=317

NEWS FROM MAINE ATTORNEY GENERAL STEVEN ROWE

STATE ENTERS INTO CONSENT DECREE WITH THE GENTLE WIND PROJECT FOR
DECEPTIVE PRACTICES AND VIOLATIONS

AUGUST 14, 2006

CAROLYN A. SILSBY, ASSISTANT ATTORNEY GENERAL, (207) 626-8829

Attorney General Steven Rowe announced today that the State has
entered into a consent decree with The Gentle Wind Project, a
Kittery-based charitable organization, and six named defendants
(collectively, "GWP") who served as officers or directors for many
years. The consent decree resolves violations of the Maine Unfair
Trade Practices Act relating to GWP's claims about its so-
called "healing instruments," and violations of law relating to the
mismanagement of the charity and its funds by those who held
positions of fiduciary responsibility.

The "healing instruments" were manufactured and distributed by GWP
from designs that allegedly came from the "Spirit World" via
telepathic impressions received by the charity's founder, John
Miller.  GWP claimed that the instruments repair a
person's "etheric," or invisible energetic structure, which then
improves one's emotional, mental, and even physical functioning.
The instruments were sold to consumers via GWP's website and
through "seminars" for requested "donations" of often hundreds or
thousands of dollars, depending on the design. The research that
GWP claimed to have done on the instruments does not support their
alleged benefits. The Unfair Trade Practices Act, as interpreted by
the Federal Trade Commission and the federal courts, requires that
any express or implied health claims be substantiated by objective
and reliable scientific evidence. In the absence of such evidence,
the claims are deceptive.

The named defendants have agreed to pay civil penalties and costs
and to an injunction that prohibits them from making certain health
and research claims about the "healing instruments" or from serving
as fiduciaries or advisors for any other Maine nonprofit.  The
parties have also agreed that GWP will be dissolved, and its
remaining assets distributed by the Attorney General as restitution
to consumers who purchased a "healing instrument" since 2003 and to
a Maine charity whose charitable mission is to provide services to
those with mental health disabilities.

"We believe that this is a just resolution of the violations of law
committed by the defendants.  People who give money to a Maine
charity should be able to trust in its integrity, and in the
integrity of those who are charged with its operation.  This charity
damaged the public's trust and it should not be allowed to
continue," Rowe said.

The consent decree and order that were filed in the York County
Superior Court late last week will become final once approved by the
Court. Attorney General Rowe praised Assistant Attorney General
Carolyn Silsby for her work in the case.

File        : Gentle Wind Victims Policy Statement.doc
Description : Group Policy Statement

Story with links at: http://www.cultnews.com/?p=2104

"Cult" busted in Maine – Things Get Scary for John and Mary Miller

The Gentle Wind Project (GWP) founded by John and Mary "Moe" Miller
sued its critics Judy Garvey and her husband James Bergin apparently
hoping to silence the couple, but instead called attention to its
practices, finances and leadership.

(photo: 'John Miller')

After two years of litigation it looks like GWP is experiencing
something of a meltdown.

The Millers sued former followers Garvey/Bergin because their Web
site shared insider information about GWP through the Internet. The
Miller's lawsuit alleged defamation and slander.

When the Ross Institute (RI), which sponsors CultNews, posted a link
to the critical Web site GWP began a "war of words" with its
perceived enemies through its own Web site.

RI gave GWP a "Flaming Websites" award.

However, John and Mary didn't think that was funny so they sued RI
too. And they also legally threatened and/or sued others including a
man in New Zealand for calling GWP a "cult."

GWP is a controversial "nonprofit" organization that manufactures so-
called "healing instruments" in the form of plastic cards and pucks,
which they claim, have healing powers.


(Photo: 'Healing puck'?)

CultNews reported in 2004 that a Special Investigative Agency in
California looked into GWP and announced that its claims were "not
supported by any scientific evidence."

But John and "Moe" say the secret plans for their instruments come
from outer space. And how can you disprove that?

Shades of Scientology and its story about Xenu?

Press reports began to pile up about GWP after the lawsuit was
filed, which brought growing attention to the group and a continuous
stream of interesting court documents. All of this afforded RI
enough material to launch a subsection within its database about the
group.

This once little known organization had become a news story as more
and more interest was garnered through its lawsuit.

Is that the kind of attention what John and "Moe" Miller really
wanted?

Probably not.

Instead of silencing their critics the Millers had effectively
provided them with a platform to share their story. Meanwhile John
and "Moe" were draining their once considerable financial resources
on court costs, while simultaneously watching GWP revenues decline
due to bad press.

In the new "Information Age" the Internet has seemingly become a
nightmare for some groups called "cults" that rely upon the control
of information.

Now anyone with Internet access can read what former members have to
say about GWP and follow the Miller's saga in the press through
archived articles.

The most recent article about GWP includes information about an
apparent liquidation of the group's assets. Property accumulated by
the group in Maine is being sold off to finance its legal fees and
court costs.

Meanwhile Garvey/Bergin have received some pro bono help from
lawyers interested in defending First Amendment free speech rights.

Again and again withering judicial decisions have come down, which
have left the Millers with what appears to be a hopeless legal
situation.

RI was dismissed out of the GWP lawsuit some time ago and so was the
defendant in New Zealand, various causes of action have also been
stripped away and then the whole case was tossed out of federal
court.

Did all this discourage or dissuade the Millers?

Apparently not.

John and Mary "Moe" refiled their suit in a Maine State court
seemingly oblivious to both their legal situation and worsening
circumstances.

This month delivered what may be the final blow to GWP and perhaps
last significant twist to the story. The Millers have been sued by
the Attorney General of Maine.

That's right, the plaintiffs have become defendants. But unlike the
lawsuits they have filed the Millers face very serious litigation.

The Attorney General of Maine has alleged that GWP engaged in no
less than 13 violations of the state's Unfair Trade Practices Act.

(Photo: 'Puck anyone?')

In court documents filed this month GWP is accused of lying about
medical studies that supposedly proved their instruments worked.

A spokesman for Maine's top prosecutor told the press, "We're trying
to put them out of business and we want restitution for the people
who have been taken."

Things are getting scary for John and Mary.

It seems that the Millers would have been better off if they had
simply ignored their critics and/or laughed off any criticism rather
than drawing so much attention to themselves through lawsuits.

It has been said that "pride comes before a fall." And perhaps
purported "cults" and their leaders have more pride and hubris than
almost anyone else does.

The Millers once controlled a spiritual empire, but now they may end
up broke.

The growing legal storm swirling around the pair is hardly a "gentle
wind" and may just blow GWP to bits.

Perhaps the moral of this story is that controversial groups hoping
to sue into silence their perceived enemies should consider the
consequences carefully before filing such frivolous litigation.

They should consider if they have anything to hide?

And if they can afford the public scrutiny that often accompanies
such litigation?

The Millers apparently never gave such things serious consideration.

It seems that John and "Moe" Miller of Maine must now face the
consequences for that blunder.

Note: GWP has a new nonprofit spin-off registered in New Hampshire
called "Allies for Trauma Relief." Despite the new name and no
mention of GWP at the organization's Web site, people are still
holding the cards called "healing instruments" made by GWP
for "relief."

These two stories ran side-by-side in Foster's Sunday Citizen (NH)
on Sunday, July 23, 2006.  There has been additional coverage, some
of which is posted at Wind of Changes website:
http://www.windofchanges.org
_______________________________


"MAINE AG: SPIRITUAL GROUP IS RUN ILLEGALLY"

Read at: http://www.fosters.com/apps/pbcs.dll/article?
AID=/20060723/NEWS09/107230128 (may need to register; it's free)

(also at Wind of Changes site as PDF:
http://www.windofchange.org/Maine_AG_-
_Spiritual_Group_is_Run_Illegally_-_Fosters_-_7-23-06.pdf )

________________________________

"COUPLE: MAINE LAWSUIT VINDICATES OUR CLAIMS"

Read at: http://www.fosters.com/apps/pbcs.dll/article?
AID=/20060723/NEWS09/107230152 (may need to register)

(or view as PDF: http://www.windofchange.org/Couple_-
_Maine_Lawsuit_Vindicates_Our_Claim_-_Fosters_7-23-06.pdf )

Swift - Weekly Newsletter of JREF (James Randi)

See article at: http://www.randi.org/jr/2006-07/072106gentle.html

"GENTLE WIND AND JUSTICE"

Kittery, Maine, is where the tax-exempt charity known as the "Gentle
Wind Project" [GWP] makes its headquarters, from which they have
been selling – mailing out – various "healing instruments" for the
last 22 years. The Maine Attorney General's Office took that long to
discover that these devices, ranging from simple laminated cards to
disks that are advertised to cure every known ailment – except
naivety – were not real! True, the company flaunted all sorts of
endorsements from "medical professionals," but the AG was able to
find "undisclosed financial relationships" between the company and
those who endorsed its products and services. What a surprise!

Does this group actually make claims that their silly devices can
cure anything? Examine these quotes from its website:

There are few people on this planet who cannot benefit from this
healing... The Gentle Wind Healing Technology can help…  This
Healing Technology was designed to restore and regenerate a person's
energetic structure when used one time in a person's life. Some very
complex problems need more than one healing… Healing Instruments:
Shown below are Healing Instruments available from The Gentle Wind
Project.


To me, friends, these are direct, positive, statements that the
Gentle Wind devices – if we can dignify them with such a name – will
provide healing. What's shown – at www.gentlewindproject.org – is a
selection of colored cards and a couple of "pucks," surely as
ridiculous a set of gimmicks as I've ever seen. But, in the true
spirit of quackery, all this is followed by their disclaimer (hello,
Barb Mallon!) and it says:

Healing Instruments from The Gentle Wind Project are not intended as
a cure for any physical or mental condition.  As far as these
conditions are concerned the Instruments are intended to complement
proper medical and/or psychological treatment. Our instruments are
not intended as treatment or cure for any illness.

So, after thinking about this scam since 1984, the Maine Attorney
General's Office has finally sued Gentle Wind for selling colored
cards and round plastic disks – these containing nothing more than a
spoonful of red sand – that they claimed were built on designs
transmitted from the spirit world, an action which the AG's office
says violates the Unfair Trade Practices Act. Of course, GWP has
already made millions of dollars by peddling these things for two
decades, and I'm certain that their highly-paid lawyers are now
expressing their dismay that anyone could possibly doubt that
plastic cards and disks could cure deadly diseases.

Regardless, six members of the Gentle Wind board including president
Mary Miller, John "Tubby" Miller, and their treasurer/bookkeeper
have been charged with violating laws regulating charitable
organizations. They could be fined as well as forced to pay sales
tax that they never collected on those millions of dollars worth of
transactions. It's been claimed that "Tubby" Miller "directed the
manufacture" of the healing cards and wrote the descriptions of them
in the group's literature. What's involved in directing the
manufacture of colored cards? "Here's a colored card. Make us some
more." Granted, coming up with fanciful literature to attract the
gullible requires some skill, just the kind that Hans Christian
Andersen needed, but I doubt that Tubby has improved the state of
American – or Danish – literature, in any way.

This won't be the first legal involvement for GWP. They sued a Rick
Ross for offending them, and in May, 2004, they indignantly sued
former GWP members Judy Garvey and her husband Jim Bergin for
defamation, after the two published autobiographical essays about
their 17 years with the group, which they compared to a "mind-
control cult." They claimed that they had been exploited financially
and had let group leaders control their lives. And Judy said she was
involved in "sexual rituals" that she was told were necessary – to
create the healing instruments, yet. (visit www.windsofchange.org
for more.) The mind boggles trying to image what rituals might have
been used to make laminated cards become magical…

Said the lawyer representing Garvey and Bergin:

The state is alleging that Gentle Wind Project (officials) are
acting deceptively regarding their healing instruments, and that's
exactly the same claims that Bergin and Garvey have been making on
their Web site.

Friends, what's so difficult in ascertaining that colored cards and
disks don't heal anything? Years of arduous research? I could have
told them that, and I'm no Einstein. Also, the fact that GWP was
representing their products deceptively, was not a great revelation
to me when it arrived on my computer screen. The State of Maine is
seeking to stop Gentle Wind from making claims about their products,
to pay the uncollected sales tax, and to permanently bar all the
defendants from serving on the boards of any charitable
organizations. It also seeks control of GWP's property, including
homes in New Hampshire and Florida, and to force it to pay
restitution to any customer who purchased a "healing instrument."
Well, knowing that GWP has a huge bank account, and that they can
buy the best available legal personnel, I'd say that the AG of Maine
has a formidable task ahead. In this atmosphere of "faith-based"
thinking, I'm expecting those ambitious goals not to be met. After
all, if Sylvia Browne and John Edward can claim that they speak to
dead people, and get away with it every day, why can't some
charlatans in Maine take money for nothing, too?

See www.cs.cmu.edu/~dst/Gentle-Wind for more on this subject.
Interesting…

Yahoo! Maybe there's hope for some dollahs!!!!!!

Thank you everyone.


As always,  SUZ

http://pressherald.mainetoday.com/news/state/060718lawsuit.shtml

Tuesday, July 18, 2006

STATE SUING KITTERY 'HEALING' GROUP


By GREGORY D. KESICH, Portland Press Herald Writer

Copyright © 2006 Blethen Maine Newspapers Inc.

The Gentle Wind Project, which for 22 years has distributed "healing
instruments" built on designs adherents claim were transmitted from
the "spirit world," has been sued by the Maine Attorney General's
Office for allegedly violating the Unfair Trade Practices Act.

According to the suit, which was filed June 29 in York County
Superior Court, the nonprofit group has made false claims about its
products, which range from small laminated cards to hockey puck-like
discs the group says will treat everything from alcoholism to
paralysis. The group claims the devices have been put through
rigorous scientific testing and have been proven effective in
hospital settings.

Instead, according to the complaint signed by Attorney General
Steven Rowe, there was no scientific testing, and the medical
professionals who endorsed the products had undisclosed financial
relationships with the Kittery-based group.

The defendants, five members of the Gentle Wind board and their
bookkeeper, have been charged with violating the laws regulating
charitable organizations. They could be fined as well as forced to
pay sales tax that was never collected on millions of dollars worth
of transactions.

Gentle Wind's president, Mary Miller, did not return a phone call
seeking comment about the case. She is one of the defendants, along
with John "Tubby" Miller who, according to the complaint, directs
the manufacture of the healing instruments and writes the
descriptions of them in the group's literature.

The state's suit marks Gentle Wind's latest appearance in the legal
arena. In 2003, the organization sued former members Judy Garvey and
her husband, Jim Bergin, of Blue Hill for defamation after the
couple published autobiographical essays about their 17 years in the
Gentle Wind Project, which they compared to a "mind-control cult."

The couple claimed that they had been exploited financially and let
group leaders control every aspect of their lives. Garvey said she
was involved in "sexual rituals" that she was told were necessary to
create the healing instruments.

A suit against the couple and the operators of some Web sites that
published their work was dismissed from federal court by U.S.
District Judge Gene Carter in January. The suit was filed again in
state court and is scheduled to go to trial in October or November.

The attorney general's complaint will not directly affect the
pending lawsuit, said Bergin and Garvey's lawyer, Jerroll Crouter of
Drummond Woodsum & MacMahon. However, many of the statements the
couple will have to defend in court have now been made by state
authorities, which their lawyer said vindicates their position.

"The state is alleging that Gentle Wind Project (officials) are
acting deceptively regarding their healing instruments, and that's
exactly the same claims that Bergin and Garvey have been making on
their Web site," he said.

According to the Gentle Wind Web site, each human is surrounded by a
web of energy. It is oval in shape, 8 to 10 feet tall and made up of
32 layers. "Over 90 percent of the world's population is missing
between 10 to 15 layers," the Web site claims. Human technology
cannot heal the broken energy, according to the group. The healing
instruments are effective, they say, and they can solve "most of the
problems found in humanity."

The state's lawsuit seeks to stop Gentle Wind from making claims
about the products, pay uncollected sales tax and permanently bar
all the defendants from serving on the board of any charitable
organization.

The suit also seeks control of Gentle Wind's property, including
homes in New Hampshire and Florida, and would force it to pay
restitution to any customer who purchased a healing instrument.

Staff Writer Gregory D. Kesich can be contacted at 791-6336 or at:

gkesich@...

This story apparently got picked up on the AP wire, and has been on
TV news today and elsewhere around New England states.  The facts
are spreading quickly, as well they should.

Jim
__________________________________________________________


WCSH-TV - PORTLAND
http://www.wcsh6.com/news/article.aspx?storyid=38608
"Maine Attorney General Sues Non-Profit Healing Organization"

WLBZ -TV2 - BANGOR
http://www.wlbz2.com/news/article.aspx?storyid=38608
"Maine Attorney General Sues Non-Profit Healing Organization"

BOSTON
http://www.boston.com/news/local/maine/articles/2006/07/18/nonprofit_
offering_healing_devices_sued_by_attorney_general/
"Nonprofit offering healing devices sued by attorney general"

http://washparkprophet.blogspot.com/2006/07/maines-ag-sues-cult.html

16 July 2006
MAINE'S AG SUES CULT

As previously discussed in this blog, the Maine based religious
organization known as the Gentle Wind Project is an organization
that tries to get people to buy its bogus health products (it calls
the payments donations), and has harassed former members with
frivilous lawsuits. A federal lawsuit was dismissed and a new one
was commenced in Maine's state courts.

Now, the attorney general of Maine has stepped into the fray. A copy
of the attorney general's complaint is available here.

The complaint alleges that the Gentle Wind Project has intentionally
made false claims regarding the health benefits of its remedies,
failed to disclose that testimonials came from people with a
financial interest in the organization, improperly characterized
purchases of health products as charitable donations, failed to keep
proper non-profit organization records, and used charitable funds
for improper purposes on multiple occasions.

As relief the attorney general seeks to have the claims declared
fraudulent, to ban the use of the false claims to sell the remedies,
to collect sales taxes on the sales of the products, to declare that
the leaders of the group of breached their fiduciary duties and bar
them from official roles in any Maine charities, to force the
leaders to disgorge the benefits they have received, to ban the
leaders from operating under the name of the organization, to freeze
the organization's assets, to dissolve the organization as a non-
profit under the supervision of a receiver, to reimburse everyone
who was defrauded, to distribute anything left over for the benefit
of the mentally ill, and to assess hefty civil fines against the
leaders.

In short, the attorney general has done everything short of bringing
criminal charges against this group and its leaders, vindicating the
claims that those who have been sued by the organization have been
making all along. Because the claims involve breaches of fiduciary
duty, the debts could not even be escaped through bankruptcy, which
is probably where most of the leaders of this group are headed in
the near future.

Because no criminal charges were brought, the attorney general will
need to meet a "preponderance of the evidence" standard, rather than
a "beyond a reasonable doubt" standard. The attorney general will
also be able to compel leaders to either testify under oath about
their conduct, or claim the 5th and allow the judge or jury to make
negative inferences from that decision. The decision not to bring
criminal charges also deprived the organization and its leaders from
a right to representation from the public defender if they can't
afford their own attorneys. And, the decision to bring civil charges
allows the attorney general to obtain preliminary and injunctive
relief from a judge, and greatly limits the scope of the issues, if
any, which can go before a jury. Generally speaking, there is no
right to a trial by jury in matters in which relief other than money
damages is sought, and in matters concerning breaches of fiduciary
duties by corporate officers and directors.

Of course, if the leaders of the group choose to testify, rather
than taking the 5th, anything they say can and will be used against
them in later criminal cases, and nothing prevents the attorney
general from bringing criminal charges against the leaders after
this case is concluded, or parallel to it. Since many of the sales
were interstate transactions, federal civil and criminal charges are
also possible once the attorney general has laid out the factual
basis for the state charges.

Almost every state attorney general has general supervisory
authority over charities in that state, but it is very rarely
exercised, and when it is, the suits are frequently brought when
there is overwhelming evidence that a non-profit has spun entirely
out of control, as the Gentle Wind Project has, to the point where
it has become a virtual criminal enterprise (although the AG's suit
does not itself make any civil RICO claims). If this suit is
successful it could serve as a step by step manual on how to shut
down organizations that make intentionally false health claims and
try to use a religious or charitable status to cover their tracks.

----- Original Message -----

From: jfbergin

To: gentlewindvictims@yahoogroups.com

Sent: Friday, July 07, 2006 5:30 PM

Subject: Victims of the Gentle Wind Project Re: sponsored spin-off

The protection of freedom of speech applied to litigation is an
important principle, even when the claims are not supported by the
facts.

We have trust in the civil procedures to discover the truth;
however, what corrupts the process, from my perspective, is when
some law firms litigate based on the amount of retainer, rather than
the merits.

Jim

--- In gentlewindvictims@yahoogroups.com, "Carl Starrett" <chs@...>
wrote:
>
> Unfortunately, "blatantly frivolous" can mean a lot of things to a
lot
> of people and thus judges are hesitant to act proactively. Filing
> lawsuits is protected free speech and the process of sanctioning
> lawyers must also follow due process procedures. It is easier said
> than done.
>
> --- In gentlewindvictims@yahoogroups.com, "jfbergin" <jfbergin@>
wrote:
> >
> >
> >
> > In "blatantly" frivolous lawsuits, the Judge could be more
> > proactive, when the facts are presented, to sanction law firms
that
> > contrive SLAPP lawsuits on behalf of organizations and
individuals
> > who provide the firm with large retainers with the intent of
> > silencing whistle blowers. This type of gambit, when stripped of
> > legal incentives, sometimes has more to do with the so-
> > called "business model" than ethics or the law.
> >
> > Fortunately, most lawyers have higher standards.
> >
> > Jim
> >
>

July 14, 2006  WMTW-TV News


AUGUSTA, Maine -- The Maine Attorney General's Office has filed a
lawsuit against a controversial Kittery-based nonprofit group.

The Gentle Wind Project designs and sells what it calls "healing
instruments" that it said solve a variety of physical and emotional
ailments.

Others said the group is a scam.

The attorney general's office accused the group of falsely claiming
that their products had healing qualities and of considering the
income from their sale as charitable donations rather than sales
proceeds.

Prosecutors want the Gentle Wind Project to liquidate its assets,
pay the state's legal fees and refund anyone who bought items
between 2000 and the present.

WMTW website: http://www.wmtw.com/news/9516341/detail.html
Religion News Blog website: http://www.religionnewsblog.com/15262

The protection of freedom of speech applied to litigation is an
important principle, even when the claims are not supported by the
facts.

We have trust in the civil procedures to discover the truth;
however, what corrupts the process, from my perspective, is when
some law firms litigate based on the amount of retainer, rather than
the merits.

Jim




--- In gentlewindvictims@yahoogroups.com, "Carl Starrett" <chs@...>
wrote:
>
> Unfortunately, "blatantly frivolous" can mean a lot of things to a
lot
> of people and thus judges are hesitant to act proactively.  Filing
> lawsuits is protected free speech and the process of sanctioning
> lawyers must also follow due process procedures.  It is easier said
> than done.
>
> --- In gentlewindvictims@yahoogroups.com, "jfbergin" <jfbergin@>
wrote:
> >
> >
> >
> > In "blatantly" frivolous lawsuits, the Judge could be more
> > proactive, when the facts are presented, to sanction law firms
that
> > contrive SLAPP lawsuits on behalf of organizations and
individuals
> > who provide the firm with large retainers with the intent of
> > silencing whistle blowers. This type of gambit, when stripped of
> > legal incentives, sometimes has more to do with the so-
> > called "business model" than ethics or the law.
> >
> > Fortunately, most lawyers have higher standards.
> >
> > Jim
> >
>

File        : Gentle Wind Victims Policy Statement.doc
Description : Group Policy Statement

Unfortunately, "blatantly frivolous" can mean a lot of things to a lot
of people and thus judges are hesitant to act proactively.  Filing
lawsuits is protected free speech and the process of sanctioning
lawyers must also follow due process procedures.  It is easier said
than done.

--- In gentlewindvictims@yahoogroups.com, "jfbergin" <jfbergin@...> wrote:
>
>
>
> In "blatantly" frivolous lawsuits, the Judge could be more
> proactive, when the facts are presented, to sanction law firms that
> contrive SLAPP lawsuits on behalf of organizations and individuals
> who provide the firm with large retainers with the intent of
> silencing whistle blowers. This type of gambit, when stripped of
> legal incentives, sometimes has more to do with the so-
> called "business model" than ethics or the law.
>
> Fortunately, most lawyers have higher standards.
>
> Jim
>

In "blatantly" frivolous lawsuits, the Judge could be more
proactive, when the facts are presented, to sanction law firms that
contrive SLAPP lawsuits on behalf of organizations and individuals
who provide the firm with large retainers with the intent of
silencing whistle blowers. This type of gambit, when stripped of
legal incentives, sometimes has more to do with the so-
called "business model" than ethics or the law.

Fortunately, most lawyers have higher standards.

Jim




--- In gentlewindvictims@yahoogroups.com, "Carl Starrett" <chs@...>
wrote:
>
> The problem with Rule 11 and similiar laws is that they cna be over
> used.  Suddenly "every" lawsuit is frivolous and people might be
> deterred from bringing valid claims.  Most cases are not so
blatantly
> frivilous as the lawsuits that have been filed against you.
>
> --- In gentlewindvictims@yahoogroups.com, "jfbergin" <jfbergin@>
wrote:
> >
> >
> >
> > Your comments are always educational and stimulating, Carl.
> >
> > As a matter of policy, it seems to us that rules for civil
> > procedures should encourage the Courts to become more proactive,
> > sanctioning lawyers and law firms that might propagate frivolous
> > lawsuits on behalf of clients with deep pockets.
>

The problem with Rule 11 and similiar laws is that they cna be over
used.  Suddenly "every" lawsuit is frivolous and people might be
deterred from bringing valid claims.  Most cases are not so blatantly
frivilous as the lawsuits that have been filed against you.

--- In gentlewindvictims@yahoogroups.com, "jfbergin" <jfbergin@...> wrote:
>
>
>
> Your comments are always educational and stimulating, Carl.
>
> As a matter of policy, it seems to us that rules for civil
> procedures should encourage the Courts to become more proactive,
> sanctioning lawyers and law firms that might propagate frivolous
> lawsuits on behalf of clients with deep pockets.

Your comments are always educational and stimulating, Carl.

As a matter of policy, it seems to us that rules for civil
procedures should encourage the Courts to become more proactive,
sanctioning lawyers and law firms that might propagate frivolous
lawsuits on behalf of clients with deep pockets.

Rule 11(C) 2 of "Federal Rules of Civil Procedure," could authorize
the Court to use monetary orders "sua sponte" against law firms,
who, in the Court's opinion, misuse Federal law on behalf of a
client, rather than relying on a motion from the opposing party.
This would give Federal judges more clout to prevent frivolous
litigation and disregard for Federal Rules, particularly with
respect to the correct application of RICO, rather than, in the
parlance of the profession, a "heavy club" used to intimidate, as a
consequence of triple damages.

Fortunately, the law does manage to work, particularly when
practiced by lawyers not guided by the bottom line.

Jim


--- In gentlewindvictims@yahoogroups.com, "Carl Starrett" <chs@...>
wrote:
>
> Although my response would not be so polite as yours (skunk's
> cabbage), I'll go with yours.
>
> I can't wait to hear the results of the trial.  I think GWP and
its
> attorneys are setting themselves up for a malicious prosecution
> lawsuit.
>

File        : Gentle Wind Victims Policy Statement.doc
Description : Group Policy Statement

> Groups sometimes use front organizations as a way to look for
> legitimacy or find new donors, members, and followers. And these
> techniques have sometimes been used historically when exposure
> occurs for the original organization. Is that what is going on
here?

       SADLY TRUE.

> People will hopefully do their own research, using their intellect
> as well as their emotions, to "sniff" this out.

       IT STILL SMELLS LIKE SKUNK!

> Each of us has the right to dissect and evaluate claims coming
from
> any direction


       WHY DO GWP LIKE SUING! THEY MISS POINT OF FREEDOM IN THIS
SOCIETY!



> A new book by Janja Lalich -- "Take Back Your Life: Recovering
from
> Cults and Abusive Relationships"


          THANKYOU. I WILL READ.

                 ANDREAS

Our guess is that your assumption about a connection here is
correct, Andreas.  On the "Allies" website pages there are links
to "Gentle Wind's" website. The "Allies" group seems to have a board
of directors that overlaps with some "Gentle Wind" followers and
board members.

So many good people, including most of the individuals involved
with "allies" and "gentle wind's" Millers have sincere and urgent
intentions to end "trauma." However, it's sometimes all too easy to
reach for answers without looking behind the front covers of the
claims -- just as we did.

The "allies" website is also accompanied by dozens of poignant
photos of devastated people around the world. It's a layout that can
tug at people's emotions.

Groups sometimes use front organizations as a way to look for
legitimacy or find new donors, members, and followers. And these
techniques have sometimes been used historically when exposure
occurs for the original organization. Is that what is going on here?
People will hopefully do their own research, using their intellect
as well as their emotions, to "sniff" this out. It's always a good
idea to ask another person -- someone not affiliated with the group
in question -- to assist with such an evaluation.

Each of us has the right to dissect and evaluate claims coming from
any direction -- whether from a relief agency, business, religion,
therapist, government, individual, cult, or high-control group --
and then to form our own opinions.

A new book by Janja Lalich -- "Take Back Your Life: Recovering from
Cults and Abusive Relationships" -- makes the point that:

"Many religious and self-help institutions, as well as mainstream
political parties and special-interest groups are examples
of...noncult organizations. We do not call them cults because they
are...accountable to some higher body or to society in general. When
people join they have a clear idea of these organizations'
structures and goals. Deceptive or coercive practices are not
integral to the growth of these organizations or their ability to
retain their members."

Judy


--- In gentlewindvictims@yahoogroups.com, "andreask53"
<andreask53@...> wrote:

> When I am doing a google search for Gentle wind project, a
sponsored
> site is coming along each time -

> Emotional Trauma Relief
> The Gentle Wind Project Trauma
> Cards provided to those in need:
> www.AlliesForTraumaRelief.org
>
> These Allies for Trauma Relief must be a spin-off
"A rose by any other name. . . .", or is it a skunks cabbage?
>
>
>                   Andreas
>

Although my response would not be so polite as yours (skunk's
cabbage), I'll go with yours.

I can't wait to hear the results of the trial.  I think GWP and its
attorneys are setting themselves up for a malicious prosecution
lawsuit.

--- In gentlewindvictims@yahoogroups.com, "andreask53"
<andreask53@...> wrote:
>
>
>
>
> When I am doing a google search for Gentle wind project, a
sponsored
> site is coming along each time -
>
>
> Emotional Trauma Relief
> The Gentle Wind Project Trauma
> Cards provided to those in need:
> www.AlliesForTraumaRelief.org
>
>
> These Allies for Trauma Relief must be a spin-off
>
> "A rose by any other name. . . .", or is it a skunks cabbage?
>
>
>                   Andreas
>

When I am doing a google search for Gentle wind project, a sponsored
site is coming along each time -


Emotional Trauma Relief
The Gentle Wind Project Trauma
Cards provided to those in need:
www.AlliesForTraumaRelief.org


These Allies for Trauma Relief must be a spin-off

"A rose by any other name. . . .", or is it a skunks cabbage?


                   Andreas

File        : Gentle Wind Victims Policy Statement.doc
Description : Group Policy Statement

We very much appreciate contributions to our legal defense fund – any
amount will be gratefully accepted. The Millers' continuous and
relentless litigious outpourings have been dragged on now for two
years. We have a PayPal account, a post office box, and a bank
account all listed at: http://www.windofchanges.org/legalfund.html


Thank you,

Jim Bergin

After experiencing our recent -- and highly unusual -- win in
Federal Court on the Motion for Summary Judgment against the
Miller's RICO claim, we are very confident that our attorneys have
looked at this case from every angle to present the best strategy
toward putting an end to the Millers' continuous litigation.

The facts necessary for this end, and the basis for even more facts
to be presented, have already been "discovered" during depositions
taken last summer from each plaintiff (all the individuals living
with John "Tubby" Miller), and from one non-plaintiff (a long-term
GWP member that we are not naming here, as she didn't sue us).

We also had our depositions taken by the Millers' attorneys, as did
our two expert witnesses. These depositions are actually available
to the public through the Federal PACER website, and some are
quoted, in part, in our "Motion for Summary Judgment,"
and "Statement of Material Facts," and in Judge Gene Carter's Order
to dismiss GWP's Federal claims -- all at:
http://www.windofchanges.org

As necessary, this will all be presented at trial, plus whatever
else comes from this background information and from much
other "discovery," and then everyone can learn as much as they would
want to about the Millers' GWP operation.

Again, since each plaintiff, and the long-term member, denied, under
oath, that group sexual activity of any kind, called "energy work"
or anything else, ever took place among the plaintiffs and the gwp
followers, we  will gladly go to trial and share our personal
experiences in as much detail as is required.

Same with the so-called "research" that the Millers claim in their
promotion, that we say isn't valid. And so on. . .

It might be nice to have this happen faster, but, as you know better
than we do, the Court makes the schedules, and our system of
democracy allows the Millers to file lawsuits. The truth will be
told, and we'll no doubt realize, in retrospect, that the best
timing took place after all.

Besides, a late fall trial means that we can focus on the lovely
Maine summer. We would rather sit inside a courtroom in Oct or Nov,
and utilize the sunnier months for rejuvenating activities.

Best,
Judy and Jim









--- In gentlewindvictims@yahoogroups.com, "Carl Starrett" <chs@...>
wrote:
>
> The approach sounds awfully passive.  Can't the case be litigated
> more aggressively to force GWP to set forth the facts support its
> claims?
>
> --- In gentlewindvictims@yahoogroups.com, "jfbergin" <jfbergin@>
> wrote:
> >
> >
> >
> > The latest in the Millers / Gentle Wind Project's lawsuits
against
> > us has now been scheduled for trial in October or November 2006
in
> > York County (Maine State) Superior Court, Alfred, ME. This state
> > lawsuit follows upon the Millers / GWP's January 6, 2006
dismissal
> > from Maine District Federal Court where they filed their first
> > lawsuit in May 2004.
> >
> > The new lawsuit will be heard by Maine Superior Court Justice G.
> > Arthur Brennan and by a Maine jury.  According to the Court
> > schedule, the Millers (Plaintiffs) have one opportunity for a
> > settlement offer prior to trial.  After that, they'll "have
their
> > day in court" on what they initiated two years ago against us
and
> > other defendants.
> >
> > Gentle Wind Project leaders filing the lawsuit are the
Plaintiffs,
> > John–AKA "Tubby" Miller;  Moe–AKA Mo, Olivia, Claudia Panuthos,
> > Mary Elizabeth Carreiro (Panuthos/Silver/Carreiro/Miller);
Carol-
> > AKA Max, Mapes Miller; Shelly–AKA Dianne, Mugsie, Shelbourne
> > (Boyce/Koster/Miller);  Pam–AKA Colleen Ranheim;  Joan
Carreiro;
> > and Gentle Wind Project.
> >
> > Rather than filing Motions for Dismissal, or Summary Judgment,
it
> is
> > important for us to go to trial since there are contested facts.
> >
> > A few of the contested facts are:
> >
> > The Millers et al contend that we defamed them by reporting – in
> our
> > personal stories about our 17 years as followers of the
Millers /
> > GWP – that there was group sexual activity (called "energy
work")
> > among the leaders and followers and that followers were told
that
> > this "energy work" would bring the designs for new GWP "healing
> > instruments" from the "spirit world" to the GWP leader,
> John "Tubby"
> > Miller. The Millers et al have each denied, under oath during
> > depositions, that group sexual activity of any kind took place
> among
> > GWP members / followers.
> >
> > The Millers et al also deny that Gentle Wind Project is a cult,
> and
> > they claim in their promotional material that they
have "clinical
> > research" on the effectiveness of their "healing instruments"
and
> > that this "research" meets scientific standards. Based on our
> years
> > of association with GWP, as followers and board members, we
> disagree
> > with their cult denials, and have shown how the GWP so-called
> > research is anecdotal and/or conducted by GWP believers.  This
is
> > all described in our personal reports at:
> > http://www.windofchanges.org/InsidersStories.html and at:
> > http://www.windofchanges.org/HusbandsPerspective.html
> >
> > A copy of the Millers' et al latest lawsuit is at the bottom of
> the
> > page at our public interest website, Wind of Changes, for anyone
> > interested in GWP: http://www.windofchanges.org.  Their
remaining
> > pleadings against us are state claims such as defamation.  We
have
> > filed Counterclaims against the Millers et al, which can be read
> at:
> > http://www.windofchanges.org/counterclaims.html
> >
> > The Alfred, Maine courthouse isn't large by big city standards,
> but
> > seating is open to the public should anyone want to get a close-
up
> > view of the Gentle Wind Project and the Millers'
offense/defense.
> >
> > We are being represented by skilled attorneys of Drummond,
Woodsum
> &
> > MacMahon, Portland, ME: http://www.dwmlaw.com – Jerrol Crouter,
> > Esq., Managing Director of the firm, and Brian Willing, Esq.
> >
> > We have also received excellent pro bono legal assistance from,
> > among others, The Berkman Center for Internet and Society at
> Harvard
> > Law School:  http://cyber.law.harvard.edu/home/home?
> > wid=10&func=viewSubmission&sid=893 . Together, our attorneys won
a
> > Motion for Summary Judgment against GWP/the Millers when Senior
> > District (Federal) Court Judge Gene Carter dismissed GWP's RICO
> > (racketeering) Federal claim against us in January.
> >
> > The Millers' second attempt at a Federal claim – the Lanham Act –

> > was dismissed early in their Federal lawsuit by Judge Carter. In
> > fact, the Magistrate Judge dismissed their entire lawsuit
> initially,
> > and then the Millers filed an Amended Claim and squeaked by on a
> > technicality for the RICO claim, which required an additional
year
> > of motions, depositions, etc, before it was summarily dismissed
> this
> > year.
> >
> > The Millers et al are represented by Portland law firm Verrill &
> > Dana (James Goggin, Esq., Dan Rosenthal, Esq., Suzannah Pogue,
> Esq.)
> > to file their "convoluted" (in the words of Senior District
Judge
> > Gene Carter) lawsuits against us and originally against Rick
Ross
> of
> > Rick Ross Institute, Steve Gamble of Equilibra, Ian Mander of
New
> > Zealand Cult List, Ivan Fraser of The Truth Campaign, and Steve
> > Hassan of Freedom of Mind – all who have public service websites
> > where our original stories or links were posted, or other
opinions
> > on the cult-like aspects of GWP.
> >
> > Ian Mander was also sued again by the Millers, and has not
> > responded; repeating his seemingly complete disregard for their
> > continuous lawsuits from his vantage point in New Zealand –
where
> > the legal system apparently discourages lawsuits by sanctioning
> > litigious Plaintiffs who are shown to be misusing the law.
> >
>

The approach sounds awfully passive.  Can't the case be litigated
more aggressively to force GWP to set forth the facts support its
claims?

--- In gentlewindvictims@yahoogroups.com, "jfbergin" <jfbergin@...>
wrote:
>
>
>
> The latest in the Millers / Gentle Wind Project's lawsuits against
> us has now been scheduled for trial in October or November 2006 in
> York County (Maine State) Superior Court, Alfred, ME. This state
> lawsuit follows upon the Millers / GWP's January 6, 2006 dismissal
> from Maine District Federal Court where they filed their first
> lawsuit in May 2004.
>
> The new lawsuit will be heard by Maine Superior Court Justice G.
> Arthur Brennan and by a Maine jury.  According to the Court
> schedule, the Millers (Plaintiffs) have one opportunity for a
> settlement offer prior to trial.  After that, they'll "have their
> day in court" on what they initiated two years ago against us and
> other defendants.
>
> Gentle Wind Project leaders filing the lawsuit are the Plaintiffs,
> John–AKA "Tubby" Miller;  Moe–AKA Mo, Olivia, Claudia Panuthos,
> Mary Elizabeth Carreiro (Panuthos/Silver/Carreiro/Miller);  Carol-
> AKA Max, Mapes Miller; Shelly–AKA Dianne, Mugsie, Shelbourne
> (Boyce/Koster/Miller);  Pam–AKA Colleen Ranheim;  Joan Carreiro;
> and Gentle Wind Project.
>
> Rather than filing Motions for Dismissal, or Summary Judgment, it
is
> important for us to go to trial since there are contested facts.
>
> A few of the contested facts are:
>
> The Millers et al contend that we defamed them by reporting – in
our
> personal stories about our 17 years as followers of the Millers /
> GWP – that there was group sexual activity (called "energy work")
> among the leaders and followers and that followers were told that
> this "energy work" would bring the designs for new GWP "healing
> instruments" from the "spirit world" to the GWP leader,
John "Tubby"
> Miller. The Millers et al have each denied, under oath during
> depositions, that group sexual activity of any kind took place
among
> GWP members / followers.
>
> The Millers et al also deny that Gentle Wind Project is a cult,
and
> they claim in their promotional material that they have "clinical
> research" on the effectiveness of their "healing instruments" and
> that this "research" meets scientific standards. Based on our
years
> of association with GWP, as followers and board members, we
disagree
> with their cult denials, and have shown how the GWP so-called
> research is anecdotal and/or conducted by GWP believers.  This is
> all described in our personal reports at:
> http://www.windofchanges.org/InsidersStories.html and at:
> http://www.windofchanges.org/HusbandsPerspective.html
>
> A copy of the Millers' et al latest lawsuit is at the bottom of
the
> page at our public interest website, Wind of Changes, for anyone
> interested in GWP: http://www.windofchanges.org.  Their remaining
> pleadings against us are state claims such as defamation.  We have
> filed Counterclaims against the Millers et al, which can be read
at:
> http://www.windofchanges.org/counterclaims.html
>
> The Alfred, Maine courthouse isn't large by big city standards,
but
> seating is open to the public should anyone want to get a close-up
> view of the Gentle Wind Project and the Millers' offense/defense.
>
> We are being represented by skilled attorneys of Drummond, Woodsum
&
> MacMahon, Portland, ME: http://www.dwmlaw.com – Jerrol Crouter,
> Esq., Managing Director of the firm, and Brian Willing, Esq.
>
> We have also received excellent pro bono legal assistance from,
> among others, The Berkman Center for Internet and Society at
Harvard
> Law School:  http://cyber.law.harvard.edu/home/home?
> wid=10&func=viewSubmission&sid=893 . Together, our attorneys won a
> Motion for Summary Judgment against GWP/the Millers when Senior
> District (Federal) Court Judge Gene Carter dismissed GWP's RICO
> (racketeering) Federal claim against us in January.
>
> The Millers' second attempt at a Federal claim – the Lanham Act –
> was dismissed early in their Federal lawsuit by Judge Carter. In
> fact, the Magistrate Judge dismissed their entire lawsuit
initially,
> and then the Millers filed an Amended Claim and squeaked by on a
> technicality for the RICO claim, which required an additional year
> of motions, depositions, etc, before it was summarily dismissed
this
> year.
>
> The Millers et al are represented by Portland law firm Verrill &
> Dana (James Goggin, Esq., Dan Rosenthal, Esq., Suzannah Pogue,
Esq.)
> to file their "convoluted" (in the words of Senior District Judge
> Gene Carter) lawsuits against us and originally against Rick Ross
of
> Rick Ross Institute, Steve Gamble of Equilibra, Ian Mander of New
> Zealand Cult List, Ivan Fraser of The Truth Campaign, and Steve
> Hassan of Freedom of Mind – all who have public service websites
> where our original stories or links were posted, or other opinions
> on the cult-like aspects of GWP.
>
> Ian Mander was also sued again by the Millers, and has not
> responded; repeating his seemingly complete disregard for their
> continuous lawsuits from his vantage point in New Zealand – where
> the legal system apparently discourages lawsuits by sanctioning
> litigious Plaintiffs who are shown to be misusing the law.
>

The latest in the Millers / Gentle Wind Project's lawsuits against
us has now been scheduled for trial in October or November 2006 in
York County (Maine State) Superior Court, Alfred, ME. This state
lawsuit follows upon the Millers / GWP's January 6, 2006 dismissal
from Maine District Federal Court where they filed their first
lawsuit in May 2004.

The new lawsuit will be heard by Maine Superior Court Justice G.
Arthur Brennan and by a Maine jury.  According to the Court
schedule, the Millers (Plaintiffs) have one opportunity for a
settlement offer prior to trial.  After that, they'll "have their
day in court" on what they initiated two years ago against us and
other defendants.

Gentle Wind Project leaders filing the lawsuit are the Plaintiffs,
John–AKA "Tubby" Miller;  Moe–AKA Mo, Olivia, Claudia Panuthos,
Mary Elizabeth Carreiro (Panuthos/Silver/Carreiro/Miller);  Carol-
AKA Max, Mapes Miller; Shelly–AKA Dianne, Mugsie, Shelbourne
(Boyce/Koster/Miller);  Pam–AKA Colleen Ranheim;  Joan Carreiro;
and Gentle Wind Project.

Rather than filing Motions for Dismissal, or Summary Judgment, it is
important for us to go to trial since there are contested facts.

A few of the contested facts are:

The Millers et al contend that we defamed them by reporting – in our
personal stories about our 17 years as followers of the Millers /
GWP – that there was group sexual activity (called "energy work")
among the leaders and followers and that followers were told that
this "energy work" would bring the designs for new GWP "healing
instruments" from the "spirit world" to the GWP leader, John "Tubby"
Miller. The Millers et al have each denied, under oath during
depositions, that group sexual activity of any kind took place among
GWP members / followers.

The Millers et al also deny that Gentle Wind Project is a cult, and
they claim in their promotional material that they have "clinical
research" on the effectiveness of their "healing instruments" and
that this "research" meets scientific standards. Based on our years
of association with GWP, as followers and board members, we disagree
with their cult denials, and have shown how the GWP so-called
research is anecdotal and/or conducted by GWP believers.  This is
all described in our personal reports at:
http://www.windofchanges.org/InsidersStories.html and at:
http://www.windofchanges.org/HusbandsPerspective.html

A copy of the Millers' et al latest lawsuit is at the bottom of the
page at our public interest website, Wind of Changes, for anyone
interested in GWP: http://www.windofchanges.org.  Their remaining
pleadings against us are state claims such as defamation.  We have
filed Counterclaims against the Millers et al, which can be read at:
http://www.windofchanges.org/counterclaims.html

The Alfred, Maine courthouse isn't large by big city standards, but
seating is open to the public should anyone want to get a close-up
view of the Gentle Wind Project and the Millers' offense/defense.

We are being represented by skilled attorneys of Drummond, Woodsum &
MacMahon, Portland, ME: http://www.dwmlaw.com – Jerrol Crouter,
Esq., Managing Director of the firm, and Brian Willing, Esq.

We have also received excellent pro bono legal assistance from,
among others, The Berkman Center for Internet and Society at Harvard
Law School:  http://cyber.law.harvard.edu/home/home?
wid=10&func=viewSubmission&sid=893 . Together, our attorneys won a
Motion for Summary Judgment against GWP/the Millers when Senior
District (Federal) Court Judge Gene Carter dismissed GWP's RICO
(racketeering) Federal claim against us in January.

The Millers' second attempt at a Federal claim – the Lanham Act –
was dismissed early in their Federal lawsuit by Judge Carter. In
fact, the Magistrate Judge dismissed their entire lawsuit initially,
and then the Millers filed an Amended Claim and squeaked by on a
technicality for the RICO claim, which required an additional year
of motions, depositions, etc, before it was summarily dismissed this
year.

The Millers et al are represented by Portland law firm Verrill &
Dana (James Goggin, Esq., Dan Rosenthal, Esq., Suzannah Pogue, Esq.)
to file their "convoluted" (in the words of Senior District Judge
Gene Carter) lawsuits against us and originally against Rick Ross of
Rick Ross Institute, Steve Gamble of Equilibra, Ian Mander of New
Zealand Cult List, Ivan Fraser of The Truth Campaign, and Steve
Hassan of Freedom of Mind – all who have public service websites
where our original stories or links were posted, or other opinions
on the cult-like aspects of GWP.

Ian Mander was also sued again by the Millers, and has not
responded; repeating his seemingly complete disregard for their
continuous lawsuits from his vantage point in New Zealand – where
the legal system apparently discourages lawsuits by sanctioning
litigious Plaintiffs who are shown to be misusing the law.

The following update was posted to the Ripoff Report:

"This is all very helpul information. I was reading this book "Natural Cures" and the site for The gentle wind project was mentioned in his book. So I logged on to the gentle wind site to see what exactly this was and I did not really understand what the card were to do and how they actually worked but, I printed one of them out and did what it said and did not feel anyway. I investigated further and found out that this could be some kind of cult, and good thing I did not call the number to see what the cards were all about. I don't want to be on any mailing list they have to offer.

I just find it weird that in the "Natural Cures" book that Kevin Trudeau would mention this company. Does this mean he is in this cult also or perhaps he is a supporter of this organization. He does have a deep look in his eyes. I truly think by doing what the cards say give you a moment of time for your body to relax and give yourself a better concentration as to what you need to do. In this day in age everything is fast paced and any little thing that could help you slow down and think clearly will win anyone over. Personally the cards to me are just a time out for me to relax and slow down, which could be accomplised just by sitting down and closing your eyes. No need to hold a piece of paper unless it has some kind of magical powers that fix everything. Anyways any other information to any of this is very helpful if posted here. Boy there is so much crap out there for the consumers!

Lisa - A, Arizona
U.S.A."

Click here  to review the full report.

File        : Gentle Wind Victims Policy Statement.doc
Description : Group Policy Statement

Stanford Law School Center for Internet and Society writes on the
importance of the recent order from Federal Judge Carter dismissing
the Millers and GWP from Federal Court:
http://cyberlaw.stanford.edu/packets/vol_3_no_6/003812.shtml
__________________________________________________


Stanford Law School Center for Internet and Society, Vo. 3, No. 6:

"Maine District Court Holds that Group of Individuals Who Published
Criticism of 'Cult' On-line Are Not an Association-in-Fact Under
RICO"


In a recent decision, a U.S. District Court set standards that would
indicate what on-line activities would and would not constitute
racketeering under RICO, the Racketeer Influenced and Corrupt
Organizations Act, 18 U.S.C. § 1962(c). The United States District
Court for the District of Maine held on a motion for summary
judgment that a group of individuals who published allegedly
defamatory criticism of plaintiff The Gentle Wind Project ("GWP") on-
line did not qualify as an "association-in-fact" under RICO. Having
dismissed the RICO-related federal claims over which it had original
jurisdiction, the court declined to exercise supplemental
jurisdiction over the plaintiff's state claims and dismissed them
without prejudice.

GWP is a non-profit organization "dedicated to education and
research aimed at alleviated [sic] emotional and mental human
suffering and trauma." As part of GWP's mission, its members
manufacture objects which they describe as "healing instruments that
are designed to restore human beings to a natural state of
existence." GWP then sells these objects to the public in return for
a "donation."

Defendants Judy Garvey ("Garvey") and James Bergin ("Bergin") are
former members of GWP who authored respectively "Insiders' Stories"
and "A Husband's Perspective," documents which purport to describe
their experiences as members of GWP, an organization which they
characterize as a "cult." The documents produced by the defendants
describe "energy work," "consisting of group sex rituals undertaken
between GWP's leader and other members, which were allegedly
required for creation of GWP's instruments." Garvey and Bergin
published their documents on www.windofchanges.org, a website they
developed.

In addition to self-publishing on their own website, the defendants
also contacted the operators of several websites critical
of "cults," including "The Truth Campaign" run by Ivan
Fraser, "Freedom of Mind" run by Steven Hassan, and the "Rick A.
Ross Institute for the Study of Destructive Cults, Controversial
Groups and Movements" run by Rick Ross. The website operators posted
the defendants' documents and provided links to the defendants'
website. After this initial contact, the defendants maintained
contact with the various website operators and continued to
communicate with them over e-mail. These e-mails included advice
about how to respond to criticism from GWP, tips on how to copy and
paste from the GWP website, and research into "transactions relating
to GWP's property."

In determining whether the defendants' behavior came under RICO, the
court considered whether they had formed a "union or group of
individuals associated in fact although not a legal entity." 18
U.S.C. § 1961(4). The court cited the test set out by the Supreme
Court in United States v. Turkette, 452 U.S. 576, 583 (1981), which
held that finding an association-in-fact requires "evidence of [(1)]
an ongoing organization, formal or informal, and … [(2)] evidence
that the various associates function as a continuous unit."
According to the court, the test requires that "at a minimum"
the "enterprise must be sufficiently organized and continuous such
that it exists as an `entity' distinct from the individual
defendant." Using this test, the court found that the defendants
never acted as an organized entity because the group lacked a formal
organization. It did not have a leader, did not have a division of
responsibilities, never conducted meetings, never raised money,
never shared control of the individual websites, and never shared
content without permission.

While the court endorsed the plaintiff's argument that "sharing
information among group members is an activity that tends toward
finding an association-in-fact enterprise," it held that such
sharing of information was not sufficient to find an association-in-
fact without considering "whether the communications were consistent
with an entity demonstrating ongoing organization and continued
coordination." The court found that the e-mails sent by the
defendants were diffuse, disorganized, and rarely of much use to the
other members. Moreover, they frequently involved topics unrelated
to GWP, such as "cordial greetings" and "discussions of politics."
In the few cases where the information was useful, the assistance
was given on an ad hoc basis that reflected the fact that "they
shared common interests, but offer[ed] no proof of ongoing
organization or coordination."

By means of comparison, the court considered RICO cases from the
First Circuit Court of Appeals that had found sufficient evidence of
an enterprise. All of them required that the group in question
maintain a formal structure more developed than that evinced by
the "sharing of information and a few, ad hoc, coordinated
activities." Similarly, the court found that the defendants'
behavior did not accord with the purpose of the "enterprise element"
in the RICO statute as described by the Supreme Court in National
Organization for Women, Inc. v. Scheidler, 510 U.S. 249, 259 (1994),
which held that RICO was intended to "prevent enterprises from
serving as either the `victim' or the `vehicle' of racketeers." In
this case, the court held that "no reasonable person could conclude
that Defendants' either used an association as a vehicle for any
racketeering activities or, that by engaging in such racketeering
activities, they victimized an association to which they were
members." Thus, the defendants were entitled to summary judgment on
the RICO charge because their "organization" was "simply not the
type to which RICO applies."