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 indi ...
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 bi ...
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 compen ...
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 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.
[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 ...
, 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 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 ...
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 ...
, 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 ...
.
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, o ...
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. 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 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 ...
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, t ...
'' 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
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 defi ...
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
Brainwashed may refer to:
*Brainwashing, to affect a person's mind by using extreme mental pressure or any other mind-affecting process
Music Albums
* Brainwashed (George Harrison album), ''Brainwashed'' (George Harrison album), 2002, or the ...
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 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 Di ...
. 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. 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 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 ''internetworking, network of networks'' that consists ...
, 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, ...
, 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
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,
Juliette Lewis
Juliette Lake Lewis (born June 21, 1973) is an American actress and alternative rock singer. She is known for her portrayals of offbeat characters, often in films with dark themes. Lewis became an " it girl" of American cinema in the early 1990s ...
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 songw ...
.
The court record in the Fishman case remained open to the public.
Wollersheim litigation
Fishman submitted a declaration on behalf of
Lawrence Wollersheim 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 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
Anthony "Tony" Ortega is an American journalist and editor who is best known for his daily blog about the Church of Scientology called ''The Underground Bunker''. He was executive editor of ''The Raw Story'' from 2013 until 2015. Previously, ...
published an
exposé 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 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 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