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Steven Fishman (born 1949) is an American former Scientologist whose inclusion of Scientology's secret
Operating Thetan In Scientology, Operating Thetan (OT) is a state of complete spiritual freedom in which one is a "willing and knowing cause over life, thought, matter, energy, space and time". The Church of Scientology offers eight "levels" of OT, each level cos ...
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 brough ...
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 intent (law), intentional deception to deprive a victim of a legal right or to gain from a victim unlawfully or unfairly. Fraud can violate Civil law (common law), civil law (e.g., a fraud victim may sue the fraud perpetrato ...
scheme he conducted from 1983 to 1988. Fishman joined dozens of
class action A class action is a form of lawsuit. Class Action may also refer to: * ''Class Action'' (film), 1991, starring Gene Hackman and Mary Elizabeth Mastrantonio * Class Action (band), a garage house band * "Class Action" (''Teenage Robot''), a 2002 e ...
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 Federal law enforcement in the United States, its principal federal law enforcement ag ...
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 (legal), defense by excuse in a criminal case, arguing that the defendant is not responsible for their actions due to a mental illness, psychiatric disease ...
, offering
false memory syndrome In psychology, false memory syndrome (FMS) was a proposed "pattern of beliefs and behaviors" in which a person's identity and relationships are affected by false memories of psychological trauma, recollections which are strongly believed by the i ...
theorist Richard Ofshe 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 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 explanation, interpretatio ...
, 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. Risk factors for suicide include mental disorders, physical disorders, and substance abuse. Some suicides are impulsive acts driven by stress (such as from financial or ac ...
. 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 In United States jurisdictions, obstruction of justice refers to a number of offenses that involve unduly influencing, impeding, or otherwise interfering with the justice system, especially the legal and procedural tasks of prosecutors, investiga ...
. The court ultimately blocked Nurik's defense strategy by rejecting both expert witnesses, based on the testimony of opposing expert Dick Anthony. 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 (e.g., the U.S. Postal Service) or electronic (e.g., a phone, a telegram, a fax, or the Internet) mail system to defraud another, and are U.S. fede ...
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, supervised release, or being on paper, is a form of early release of a prisoner, prison inmate where the prisoner agrees to abide by behavioral conditions, including checking-in with their designated ...
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 is the controversial idea that the human mind can be altered or controlled against a person's will by manipulative psychological techniques. Brainwashing is said to reduce its subject's ability to think critically or independently ...
by religious groups. The court's admissibility ruling came as a setback to American critics of
cult Cults are social groups which have unusual, and often extreme, religious, spiritual, or philosophical beliefs and rituals. Extreme devotion to a particular person, object, or goal is another characteristic often ascribed to cults. The term ...
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 continuous progression of existence that occurs in an apparently irreversible process, irreversible succession from the past, through the present, and into the future. It is a component quantity of various measurements used to sequ ...
'' 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 a communication that injures a third party's reputation and causes a legally redressable injury. The precise legal definition of defamation varies from country to country. It is not necessarily restricted to making assertions ...
lawsuits against
Time Warner Warner Media, LLC ( doing business as WarnerMedia) was an American multinational mass media and entertainment conglomerate owned by AT&T. It was headquartered at the 30 Hudson Yards complex in New York City. It was established as Time Warne ...
, 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 A 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 conce ...
. 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 ...
. 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 state of complete spiritual freedom in which one is a "willing and knowing cause over life, thought, matter, energy, space and time". The Church of Scientology offers eight "levels" of OT, each level cos ...
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 "Truth Revealed" and was first released to select high-ranking public Scientologists in 1988, two years after the death of Scien ...
. 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, also called "true seal" ** Fur seal ** Eared seal * Seal ( ...
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 network, 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 ...
, 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 Copyright#Scope, works protected by copyright without permission for a usage where such permission is required, thereby infringing certain exclusive rights granted to the c ...
, 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 In United States defamation law, actual malice 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 ...
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 Juliette Lake Lewis (born June 21, 1973) is an American actress, singer and musician. She is known for her portrayals of offbeat characters, often in films with dark plots, themes and settings. Lewis gained prominence in American cinema during t ...
and
Isaac Hayes Isaac Lee Hayes Jr. (August 20, 1942 – August 10, 2008) was an American singer, songwriter, composer, and actor. He was one of the creative forces behind the Southern soul music label Stax Records in the 1960s, serving as an in-house songwr ...
. 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 op ...
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. Types of allegations Marital allegations There are also marital allegations: m ...
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 2015, prolific Scientology critic and investigator Tony Ortega published an exposé on the Fishman Case; in which he characterizes Steven Fishman as a "squirrel" (or Independent Scientologist). He describes Fishman as follows: 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 altogether. Fishman himself has long asserted that he received OT levels I to VII and VIII respectively from two
Sea Org The Sea Organization or Sea Org is the senior-most status of staff within the Church of Scientology network of corporations, but is not itself incorporated. In the 1960s and 1970s, the Sea Org was started as L. Ron Hubbard's private navy, and ...
members on separate instances. Ortega, though professing skepticism regarding this, states that he believes the OT-VIII document to be authentic nonetheless.


References

{{DEFAULTSORT:Fishman, Steven Living people American former Scientologists 1957 births Place of birth missing (living people) American people convicted of fraud American people convicted of obstruction of justice American prisoners and detainees Prisoners and detainees of the United States federal government