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Steven Fishman (born 1949) is an American former
Scientologist Scientology is a set of beliefs and practices invented by American author L. Ron Hubbard, and an associated movement. It has been variously defined as a cult, a business, or a new religious movement. The most recent published census data in ...
whose inclusion of Scientology's secret
Operating Thetan In Scientology, Operating Thetan (OT) is a notional spiritual status above Clear. It is defined as "knowing and willing cause over life, thought, matter, energy, space and time (MEST)." According to religious scholar J. Gordon Melton, "It’s ...
levels in a court filing led to the first public confirmation by the Church of Scientology of its doctrines regarding
Xenu Xenu (), also called Xemu, is a figure in the Church of Scientology's secret "Advanced Technology", a sacred and esoteric teaching. According to the "Technology", Xenu was the extraterrestrial ruler of a "Galactic Confederacy" who brought bil ...
and the Wall of Fire. Fishman was serving a 21-year sentence on charges of wire fraud and money laundering, and was scheduled to be released on October 28, 2028.He was released on January 8, 2021.


Fraud scheme

The origins of Fishman's dispute with the Church of Scientology lay in a
fraud In law, fraud is intentional deception to secure unfair or unlawful gain, or to deprive a victim of a legal right. Fraud can violate civil law (e.g., a fraud victim may sue the fraud perpetrator to avoid the fraud or recover monetary compens ...
scheme he conducted from 1983 to 1988. Fishman joined dozens of
class action A class action, also known as a class-action lawsuit, class suit, or representative action, is a type of lawsuit where one of the parties is a group of people who are represented collectively by a member or members of that group. The class actio ...
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 The Federal Bureau of Investigation (FBI) is the domestic Intelligence agency, intelligence and Security agency, security service of the United States and its principal Federal law enforcement in the United States, federal law enforcement age ...
also investigated the possibility of church involvement in the scheme.Dondero, Robert L
Declaration of Assistant US Attorney Robert L. Dondero
. ''US v. Fishman''. N. D. Calif. CR-88-0616. Retrieved on 2008-05-18.
Fishman's attorney, Marc Nurik, had planned to use an
insanity defense The insanity defense, also known as the mental disorder defense, is an affirmative defense by excuse in a criminal case, arguing that the defendant is not responsible for their actions due to an episodic psychiatric disease at the time of the cr ...
, offering
false memory syndrome In psychology, false memory syndrome (FMS) is a condition in which a person's identity and relationships are affected by false memories of psychological trauma, recollections that are factually incorrect yet strongly believed. Peter J. Freyd or ...
theorist
Richard Ofshe Richard Jason Ofshe (born 27 February 1941) is an American sociologist and professor emeritus of sociology at the University of California, Berkeley. He is known for his expert testimony relating to coercion in small groups, confessions, and int ...
and psychologist
Margaret Singer Margaret Thaler Singer (July 29, 1921 – November 23, 2003) was an American clinical psychologist and researcher with her colleague Lyman Wynne on family communication. She was a prominent figure in the study of undue influence in social and ...
as
expert witness An expert witness, particularly in common law countries such as the United Kingdom, Australia, and the United States, is a person whose opinion by virtue of education, training, certification, skills or experience, is accepted by the judge as ...
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 A psychologist is a professional who practices psychology and studies mental states, perceptual, cognitive, emotional, and social processes and behavior. Their work often involves the experimentation, observation, and interpretation of how indi ...
, Uwe Geertz, who had knowledge of his Scientology involvement, and then to commit
suicide Suicide is the act of intentionally causing one's own death. Mental disorders (including depression, bipolar disorder, schizophrenia, personality disorders, anxiety disorders), physical disorders (such as chronic fatigue syndrome), and s ...
. 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 Making false statements () is the common name for the United States federal process crime laid out in Section 1001 of Title 18 of the United States Code, which generally prohibits knowingly and willfully making false or fraudulent statements, or ...
to his defense team. For these acts he was further charged with
obstruction of justice Obstruction of justice, in United States jurisdictions, is an act that involves unduly influencing, impeding, or otherwise interfering with the justice system, especially the legal and procedural tasks of prosecutors, investigators, or other gov ...
. The court ultimately blocked Nurik's defense strategy by rejecting both expert witnesses, based on the testimony of opposing expert
Dick Anthony Dick Anthony is a forensic psychologist noted for his writings on the validity of brainwashing as a determiner of behavior, a prolific researcher of the social and psychological aspects of involvement in new religious movements. Academic career ...
. Fishman pleaded guilty to one count of
mail fraud Mail fraud and wire fraud are terms used in the United States to describe the use of a physical or electronic mail system to defraud another, and are federal crimes there. Jurisdiction is claimed by the federal government if the illegal activit ...
and one count of obstruction, and the court sentenced him on July 20, 1990, to five years imprisonment in the
Butner Federal Correctional Institution The Federal Correctional Complex, Butner (FCC Butner) is a United States federal prison complex for men near Butner, North Carolina. It is operated by the Federal Bureau of Prisons, a division of the United States Department of Justice. FCC Butner ...
. Fishman later claimed that the church hired Scientologist inmate Luis Martinez to kill him in prison. He was
parole Parole (also known as provisional release or supervised release) is a form of early release of a prison inmate where the prisoner agrees to abide by certain behavioral conditions, including checking-in with their designated parole officers, or ...
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 Brainwashing (also known as mind control, menticide, coercive persuasion, thought control, thought reform, and forced re-education) is the concept that the human mind can be altered or controlled by certain psychological techniques. Brainwashin ...
by religious groups. The court's admissibility ruling came as a setback to American critics of
cult In modern English, ''cult'' is usually a pejorative term for a social group that is defined by its unusual religious, spiritual, or philosophical beliefs and rituals, or its common interest in a particular personality, object, or goal. This ...
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, ''
Time Time is the continued sequence of existence and events that occurs in an apparently irreversible succession from the past, through the present, into the future. It is a component quantity of various measurements used to sequence events, to ...
'' magazine published a highly critical cover story on Scientology by
Richard Behar Richard Behar is an American investigative journalist. Since 2012, he has been the Contributing Editor of Investigations for Forbes magazine. From 1982 to 2004, he wrote on the staffs of ''Forbes'', ''Time'' and '' Fortune''. Behar's work has ...
. The story mentioned Fishman's fraud conviction and the alleged plot to eliminate him and Geertz. The church responded by filing
libel Defamation is the act of communicating to a third party false statements about a person, place or thing that results in damage to its reputation. It can be spoken (slander) or written (libel). It constitutes a tort or a crime. The legal defini ...
lawsuits against
Time Warner Warner Media, LLC ( traded as WarnerMedia) was an American multinational mass media and entertainment conglomerate. It was headquartered at the 30 Hudson Yards complex in New York City, United States. It was originally established in 1972 by ...
, 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 is the location at which an event takes place. It may refer to: Locations * Venue (law), the place a case is heard * Financial trading venue, a place or system where financial transactions can occur * Music venue, place used for a concer ...
. This filing has since become known as the
Fishman Affidavit The Fishman Affidavit is a set of court documents submitted by self-professed ex-Scientologist Steven Fishman in 1993 in the federal case, ''Church of Scientology International v. Fishman and Geertz'' (Case No. CV 91-6426 (HLH (Tx) United States Dis ...
. It included purported Scientology documents describing obstructionist tactics to use in the event of an arrest, as well as versions of
Operating Thetan In Scientology, Operating Thetan (OT) is a notional spiritual status above Clear. It is defined as "knowing and willing cause over life, thought, matter, energy, space and time (MEST)." According to religious scholar J. Gordon Melton, "It’s ...
levels I through VII and purported excerpts of
OT VIII OT VIII or OT 8 ( Operating Thetan Level 8) is the highest current auditing level in Scientology. OT VIII is known as "The Truth Revealed" and was first released to select high-ranking public Scientologists in 1988, two years after the death of Sc ...
. 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 Seal may refer to any of the following: Common uses * Pinniped, a diverse group of semi-aquatic marine mammals, many of which are commonly called seals, particularly: ** Earless seal, or "true seal" ** Fur seal * Seal (emblem), a device to impr ...
the court record and efforts to keep the court files continuously checked out, former Scientologist
Arnaldo Lerma Arnaldo Pagliarini "Arnie" Lerma (November 18, 1950 – March 16, 2018) was an American writer and activist, a former Scientologist, and a critic of Scientology who appeared in television, media and radio interviews. Lerma was the first person to ...
obtained the affidavit and posted it on the
internet The Internet (or internet) is the global system of interconnected computer networks that uses the Internet protocol suite (TCP/IP) to communicate between networks and devices. It is a '' network of networks'' that consists of private, pub ...
, after which it spread uncontrollably. In the process of suing Lerma for
copyright infringement Copyright infringement (at times referred to as piracy) is the use of works protected by copyright without permission for a usage where such permission is required, thereby infringing certain exclusive rights granted to the copyright holder, s ...
, 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 in United States law is a legal requirement imposed upon public officials or public figures when they file suit for libel (defamatory printed communications). Compared to other individuals who are less well known to the general pub ...
insofar as the church was concerned. The church dropped its claims against Fishman and Geertz after Geertz's legal team served
subpoena A subpoena (; also subpœna, supenna or subpena) or witness summons is a writ issued by a government agency, most often a court, to compel testimony by a witness or production of evidence under a penalty for failure. There are two common types of ...
s upon such Scientologist celebrities as
Kelly Preston Kelly Kamalelehua Smith (October 13, 1962 – July 12, 2020), known professionally as Kelly Preston, was an American actress. She appeared in more than 60 television and film productions, including '' Mischief'' (1985), '' Twins'' (1988), ...
, Juliette Lewis and
Isaac Hayes Isaac Lee Hayes Jr. (August 20, 1942 – August 10, 2008) was an American singer, actor, songwriter, and composer. He was one of the creative forces behind the Southern soul music label Stax Records, where he served both as an in-house songwri ...
. The court record in the Fishman case remained open to the public.


Wollersheim litigation

Fishman submitted a declaration on behalf of
Lawrence Wollersheim Lawrence Dominick Wollersheim is an Americans, American former Scientology, Scientologist. He has been an active director of several specialized non-profit organizations since 2002. Wollersheim sued the Church of Scientology in 1980. The story of ...
in 1993, claiming firsthand knowledge of tactics the Church had used to interfere with Wollersheim's lawsuit against the church. In the declaration (affidavit), Fishman alleged the Church had drowned the trial judge's dog and made harassing phone calls to Wollersheim at night.


Authenticity of Fishman’s Church History

A substantial amount of
controversy Controversy is a state of prolonged public dispute or debate, usually concerning a matter of conflicting opinion or point of view. The word was coined from the Latin ''controversia'', as a composite of ''controversus'' – "turned in an opposite d ...
regarding Fishman's involvement with the Church of Scientology has emerged in the decades since the affair. The
allegations In law, an allegation is a claim of an unproven fact by a party in a pleading, charge, or defense. Until they can be proved, allegations remain merely assertions.
calling Fishman's involvement into question initially came solely from the Church (CoS) itself and their legal representation, who pursued the libel suit after discovering that he was not in their member data or records. In August of 2015, prolific Scientology critic and investigator Tony Ortega published an
exposé Expose, exposé, or exposed may refer to: News sources * Exposé (journalism), a form of investigative journalism * '' The Exposé'', a British conspiracist website Film and TV Film * ''Exposé'' (film), a 1976 thriller film * ''Exposed'' (1932 ...
on the Fishman Case; in which he characterizes Steven Fishman as a “squirrel” (or Independent Scientologist). He describes Fishman in the following manner: In addition to there being no historical Scientology completions for Steven Fishman listed, produced, or published, many since-
apostatized Apostasy (; grc-gre, ἀποστασία , 'a defection or revolt') is the formal religious disaffiliation, disaffiliation from, abandonment of, or renunciation of a religion by a person. It can also be defined within the broader context of emb ...
Scientologists named in Fishman’s self-published memoir, ''Lonesome Squirrel'', have categorically refuted the events of the book mentioning them, and denied having known him. Fishman himself has long asserted that he received OT levels I to VII and VIII respectively from two
Sea Org The Sea Organization (also known as the Sea Org) is a Scientology organization, which the Church of Scientology describes as a " fraternal religious order, comprising the religion’s most dedicated members". All Scientology management organizatio ...
members on separate instances. Ortega, though professing skepticism regarding this, states he believes the OT-VIII document to be authentic nonetheless.


References

{{DEFAULTSORT:Fishman, Steven Living people People convicted of obstruction of justice American former Scientologists 1957 births Place of birth missing (living people) American people convicted of fraud