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Petição inicial dos autores (Plaintiffs' Original Complaint) (Doc. 1), Children of ISKCON et al. v. ISKCON et al., nº 3:00-cv-01254 (N.D. Tex.), ajuizada em 12 de junho de 2000
Law Offices of Windle Turley, P.C. (advogados dos autores)
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Petição inicial dos autores (Plaintiffs' Original Complaint) (Doc. 1), Children of ISKCON et al. v. ISKCON et al., nº 3:00-cv-01254 (N.D. Tex.), ajuizada em 12 de junho de 2000
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ot \ AL UNINORTHERN
TED STATESDISTRICT
DISTRIOFCTTEXAS
COURT
e 3:00-cv-01254-L Document 1 Filed 06/12/00 Page J of 42 Pagelpt. TCE TEXAS
F| i
TUT
q R\
pe
DALLAS DIVISION . JUN1 2 2000
PLAINTIFFS:
CO? 6D HOD CO?
NANCY DOHERTY, CLERK
i+ By
Deputy
CHILDREN OF ISKCON:
CIVIL ACTION NO.:
6? 6? 600 602 600 GOD KO? CO? 40D LOD 6
8-00CV1254-T
6D 500 6On 6
LO? COD 50D COD LOD 62 COR 60D 86> 6On UO? COR 60> 6OD 6Gn UO? 60 40D 600
COR COR “Or
wae
f}06060010 wpd
i
‘
Case 3:00-cv-01254-E Document 1 Filed 06/12/00 Page 2 of 42 PagelD 2
UO? COR 60D GOR Un 6D 60D 60D OR GOD 8D GOD GOD GOD 60m 407 GOD COD LOD GOD CO? COD 007 60D CO? CO? 60D KN KD UO CD
Plaintiffs,
V.
DEFENDANTS:
ISKCON, a d/b/a of
THE INTERNATIONAL SOCIETY FOR
KRISHNA CONSCIOUSNESS,
INTERNATIONAL SOCIETY FOR
KRISHNA CONSCIOUSNESS,
ISKCON FOUNDATION, INC.,
ISKCON OF WEST VIRGINIA,
INTERNATIONAL SOCIETY FOR
KRISHNA CONSCIOUSNESS OF
WASHINGTON,
DAMODAR TITLE HOLDING
CORPORATION OF DALLAS, INC.,
ISKCON, INC.,
ISKCON KRISHNAFEST USA, INC.,
ISKCON OF LAKE HUNTINGTON
PROPERTY CORPORATION,
ISKCON OF PORT ROYAL, INC.,
ISKCON TELEVISION, INC.,
ISKCON OF LOS ANGELES,
ISKCON OF CALIFORNIA, INC.,
CO? COR “On WOR WON WO? LOD 40? LOD WON LOD COR tO
ISKCON OF SOUTHERN CALIFORNIA,
ISKCON OF SAN DIEGO;
GREGORY GOTTFRIED,
ROBERT GRANT,
THOMAS HERTZOG,
GOPAL KHANNA,
HOWARD RESNICK, and
GLEN TETON, as Executors of The Estate
of A.C. BHAKTIVEDANTA SWAMI
PRABHUPADA;
FARAMARZ ATTAR,
CHARLES BACIS,
=
_:
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1
i
Case 3:00-cv-01254-L Document 1 Filed 06/12/00 Page 3of42 PagelD 3
WILLIAM BERKE,
CO
ROBERT CORENS,
KO
WILLIAM EHRLICHMAN,
On 60? COD COD
JOHN FAVORS,
STEVEN GOREYNO a/k/a STEVEN
GUARINO,
MICHAEL GRANT,
GOD COD COR LORD 60? HOD COD LOD
KEITH HAM,
THEODORE RICHARD HARRIS,
THOMAS HERTZOG, Individually,
JEFFREY HICKEY,
HANS KARY,
GOPAL KHANNA, Individually,
WILLIAM OGLE,
HOWARD RESNICK, Individually,
BRUCE SCHARF, and
OD LOR COP
DEFENDANT DOES 1-30,
Defendants.
8OR
PLAINTIFFS’ ORIGINAL COMPLAINT
LAW OFFICES OF WINDLE TURLEY, P.C.
Windle Turley
State Bar No. 20304000
Patrick C. Patterson
State Bar No. 15603560
6440 North Central Expressway
1000 University Tower
Dallas, Texas 75206
Telephone No. 214/691-4025
Telecopier No. 214/361-5802
Email: win@wturley.com
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Case 3:00-cv-01254-L°- Document 1 Filed 06/12/00 Page 4of42 PagelD 4
INDEX
I PARTIES 2.0... een nee teen eee ete nae ]
PLAINTIFFS 2.0.0... 0. cc cece ce eee eee een erent eee eens 1
DEFENDANTS. ...... 0.02002 c ee ce t
eee ete teen eens 3
DEFENDANT MEMBERS OF THE GOVERNING BODY
OF COMMISSIONERS (GBC) RESIDING IN THE U.S.A. 0.0.0. .. 6
000 cee eee
Il JURISDICTION AND VENUE ......... 00.00 c eee teens 9
Ill ORGANIZATION OF DEFENDANTS .. 1.0.0... 0c ccc eee eens 9
A. ISKCON’S GOVERNING BOARD .. 1.0.6. ee
teens 10
B. MOVEMENT ...... 0... ccc ne enter tee 10
C. GURUKULA BOARDING SCHOOLS ....... 0... cece
eee 10
D. INDIA BOARDING SCHOOL ...... 0... ce ee tenes 12
IV) WRONGFUL AND ILLEGAL ACTS OF ABUSE OF MINORS ..............-. 12
A. YEARS OF PRIMARY ABUSE .... 00.0... eee
eee eee 12
B. ABUSE INFLICTED . 0...
cet eens 13
V. WRONGFUL AND ACTIONABLE CONDUCT OF THE DEFENDANTS ........ 18
A. NEGLIGENCE ... 0...
eect ee eee 18
B. ISKCON’S BREACH OF FIDUCIARY DUTY ................2.0.0..05. 20
(3) CONSTRUCTIVE FRAUD .........0...
0... eee 21
Gi) BREACH OF CONTRACT/BREACH OF WARRANTY ..........-. 21
C. DEFENDANTS BREACHED THEIR STATUTORY DUTY .............. 22
D. GROSS NEGLIGENCE
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Case 3:00-cv-01254-EL Document 1 Filed 06/12/00 Page5of42 PagelD5
E. DEFENDANTS’ NEGLIGENT ASSUMPTION OF
RISK OF INTENTIONAL OR CRIMINAL CONDUCT ............-.-.--.
F, DEFENDANTS’ NEGLIGENT MISREPRESENTATION
INVOLVING RISK OF PHYSICAL HARM ..... .....
000 cece cence ees
VI CONSPIRACY AND FRAUDULENT CONCEALMENT .............25-2-045:
A. 00 eee eee
DEFENDANTS’ CONCERT OF ACTION .. 2.2.0 ees
2...
B. DEFENDANTS’ INTENTIONAL AND NEGLIGENT
INFLICTION OF EMOTIONAL DISTRESS ... 2.2...
eee eee
VIE RICO VIOLATIONS 2.20...
en eee nent nee
A. VIOLATION OF THE FEDERAL RACKETEER-INFLUENCED
AND CORRUPT ORGANIZATIONS ACT (RICO)
18 U.S.C. §§ 1962(C) AND 1962(D) ....... cece cee cence eevee nese eee
B. VIOLATION OF THE FEDERAL RACKETEER-INFLUENCED AND
CORRUPT ORGANIZATIONS ACT — 18 U.S.C. §§ 1962(A) AND (D).....
VUI DAMAGES OF PLAINTIFFS 2.2.0.0. 00.0 cette
tees
IX REQUEST FOR INJUNCTION AGAINST FURTHER
SEXUAL OR PHYSICAL ABUSE OF MINOR CHILDREN ..............0.00.
REQUEST FOR ORDER PROHIBITING DESTRUCTION
OR SPOLIATION OF EVIDENCE Se
XI STATEMENTS TO THE COURT 2.0... ccc
cee eens
Xll JURY DEMAND Ce
XI 1 CLAIM FOR PREJUDGMENT AND POST-JUDGMENT INTEREST
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Case 3:00-cv-01254-L> Document 1 Filed 06/12/00 Page 6 of 42 PagelD 6
PLAINTIFFS’ ORIGINAL COMPLAINT
COME NOW Plaintiffs Children of ISKCON, et al. (“Plaintiffs”) and file this Original
Complaint complaining of the International Society for Krishna Consciousness (“ISKCON”), et al.,
and state the following:
1.
PARTIES
PLAINTIFFS:
All the Plaintiffs named herein were minors at the time of the sexual, emotional, mental and
physical abuse and exploitation alleged herein.
1. _ Plaintif({
resides in North Carolina.
2. Plaintiff QB resides in Florida.
3. Plaintiff resides in Florida.
4. —_ PlaintiffMresides in Oregon.
5. Plaintif
cesides in Oregon.
6. Plaintiff
resides in Florida.
7. Plaintiff sides in British Columbia, Canada.
8. Plaintiff RE esides in British Columbia, Canada.
9. Plaintiff (cesides in London, England.
10. Plaintiff]
esides in Florida.
11. Plaintiff{resides in California.
12. Plaintifi esides in Pennsylvania.
13. Plaintiff esides in Florida.
PLAINTIFFS’ ORIGINAL COMPLAINT- Page 1
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14. Plaintiff cesides in Florida.
15. Plaintiff
resides in North Carolina.
16. Plaintiff
esides in Florida.
17. Plaintif{E
cesides in California.
18. Plaintiff
resides in Kailua, Hawaii.
19. Plaintiff
cesides in New York.
20. Plaintiff csides in Colorado.
21. Plaintift {EEE resides in California.
22. Plaintiff
esides in British Columbia, Canada.
23. Plaintiff csides in British Columbia, Canada.
24. Plaintiff resides in Pennsylvania.
25. Plaintiff sides in Pennsylvania.
26. Plaintiff QE resides in Florida.
27. Plaintiff TT csides in California.
28. Plaintiff RE esices in Quebec, Canada.
29. Plaintiff
esides in Colorado.
30. Plaintiff resides in California.
31. Plaintif{ercsides in Brownwood, Texas.
32. Plaintiff fecsides in North Carolina.
33. Plaintif(
esides in New York.
34. PlaintiffEEresides in Arizona.
35. Plaintif{ TE csides in Illinois.
PLAINTIFFS’ ORIGINAL COMPLAINT- Page 2
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36. Plaintift(
resides in Maryland.
37. Plaintiff cesides in New York.
38. Plaintiff esides in New York.
39, Plaintiff iE esides in California.
40. Plaintiff
resides in New York.
41. Plaintiff (resides in California.
42. Plaintiff {resides in Wisconsin.
43. Plaintiff esides in New Jersey.
44. — Plaintiffkesides in California.
DEFENDANTS:
1. Defendant International Society For Krishna Consciousness, or “ISKCON,” is an
unincorporated association with its principal places of business located in various places throughout
the United States, including California and Florida. Service of process may be made upon
Defendant ISKCON by serving Ravindra Svarupa Das a/k/a William Deadwy ler, III, the Chairman
of the Governing Body of Commissioners. He resides at EE Philadelphia,
Pennsylvania 19119.
2. Defendant DAMODAR TITLE HOLDING CORPORATION OF DALLAS, INC.,
is a Texas corporation headquartered in Texas. Its principal place of business address is 5430
Gurley Avenue, Dallas, Texas 75223. It may be served by serving its registered agent for service
of process, Tom Kerr.
3. Defendant INTERNATIONAL SOCIETY FOR KRISHNA CONSCIOUSNESS is a
PLAINTIFFS’ ORIGINAL COMPLAINT- Page 3
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Washington corporation headquartered in Washington. Its principal place of business address is
3114 E. Pine St., Seattle, Washington. It may be served by serving its registered agent for service
of process, Bruce Melzack.
4. Defendant ISKCON FOUNDATION, INC. is a Florida corporation headquartered
in Florida. Its principal place of business address is P.O. Box 1119, Alachua, Florida 32615. It may
be served by serving its registered agent for service of process, Naveen Khurana, P|
GE
| 'achva, Florida 32615.
5. Defendant INTERNATIONAL SOCIETY FOR KRISHNA CONSCIOUSNESS OF
WASHINGTON is a Washington corporation headquartered in Washington. Its principal place of
business address is 1420 228" Ave. SE, Issaquah, Washington, 98027. It may be served by serving
its registered agent for service of process, Harry Terhanian.
6. Defendant ISKCON, INC. is a Pennsylvania corporation headquartered in
Pennsylvania. Its principal place of business address is RD #2, Box 1075, Port Royal, Pennsylvania
17082.
7. Defendant ISKCON KRISHNAFEST USA, INC. is a Texas corporation
headquartered in Texas. Its principal place of business address is 5430 Gurley Avenue, Dallas,
Texas 75223. It may be served by serving its registered agent for service of process, George
Levington.
8. Defendant ISKCON OF LAKE HUNTINGTON PROPERTY CORPORATION
is a New York corporation headquartered in New York. Its principal place of business address is
P.O. Box 338, New York, New York 12752.
9. ISKCON OF PORT ROYAL, INC. is a Pennsylvania corporation headquartered in
PLAINTIFFS’ ORIGINAL COMPLAINT- Page 4
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Case 3:00-cv-01254-L “Document 1 Filed 06/12/00 Page10 of 42 PagelD 10
Pennsylvania. Its principal place of business is RD #1, Port Royal, Pennsylvania 17082.
10. Defendant ISKCON OF WEST VIRGINIA is a West Virginia corporation
headquartered in West Virginia. Its principal place of business address is RD 1 NBU 24,
Moundsville,West Virginia 26041. It may be served by serving its registered agent for service of
process, David Waterman.
11. Defendant TEXAS KRISHNAS, INC. is a Texas corporation headquartered in Texas.
Its principal place of business address is 5430 Gurley Avenue, Dallas, Texas 75223. It may be
served with process by serving its registered agent for service of process, Joe Dinoffer.
12. Defendant ISKCON TELEVISION, INC. is a California corporation headquartered
in Topanga, California. Its principal place of business address is P.O. Box 556, Topanga, California
90290. It may be served with process by serving its registered agent for service of process, Jeanne
Carr, 6133 Bristol Parkway, #100, Culver City, California 90230.
13. Defendant ISKCON OF LOS ANGELES is a California corporation headquartered
in California. It may be served with process by serving its registered agent for service of process,
Robert P. Owen, 3714 Watseka Avenue, Los Angeles, California 90034.
14, Defendant ISKCON OF CALIFORNIA, INC. is a California corporation
headquartered in California. It may be served with process by serving its registered agent for
service of process, Robert P. Owen, 3764 Watseka Avenue, Los Angeles, California 90034.
15. Defendant ISKCON OF SOUTHERN CALIFORNIA is a California corporation
headquartered in California. It may be served with process by serving its registered agent for
service of process, Dennis Brown, 3765 Watseka Avenue, Suite E, Los Angeles, California 90034.
16. Defendant ISKCON OF SAN DIEGO is a California corporation headquartered in
PLAINTIFFS’ ORIGINAL COMPLAINT- Page 5
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California. It may be served with process by serving its registered agent for service of process,
David Bridges, 1030 Grand Avenue, San Diego, California 92109.
17. Defendant GREGORY GOTTFRIED is an Executor of the Estate of A.C.
BHAKTIVEDANTA SWAMI PRABHUPADA:; he resides in Bangkok, Thailand.
18. Defendant ROBERT GRANT is an Executor of the Estate of A.C.
BHAKTIVEDANTA SWAMI PRABHUPADA,; he resides in New York.
19. Defendant THOMAS HERTZOG is an Executor of the Estate of A.C.
BHAKTIVEDANTA SWAMI PRABHUPADA,; as set forth below, he resides in Dallas, Texas.
20. Defendant GHOPAL KHANNA is an Executor of the Estate of A.C.
BHAKTIVEDANTA SWAMI PRABHUPADA:as set forth below, he resides in Montreal, Quebec.
21. Defendant HOWARD RESNICK is an Executor of the Estate of A.C.
BHAKTIVEDANTA SWAMI PRABHUPADA,; as set forth below, he resides in Beverly Hills,
California.
22. Defendant GLEN TETON is an Executor of the Estate of A.C. BHAKTIVEDANTA
SWAMI PRABHUPADA,: his address and whereabouts are unknown.
DEFENDANT MEMBERS OF THE GOVERNING
BODY OF COMMISSIONERS (GBC) RESIDING IN THE U.S.A
1. Defendant FARAMARZ ATTAR (Krishna name, “Atreya Rsi das”) resides at J
EE Beckley, W. Virginia 25801. Mr, Attar was a member of ISKCON’S
governing body commission (the “GBC”) from 1975 to 1987.
2. Defendant CHARLES BACIS (Krishna name, “Bhavananda das”) was a member of
the GBC from 1978 to 1987. He may be served at ISKCON, 383 Lenox Avenue, Detroit, Michigan
PLAINTIFFS’ ORIGINAL COMPLAINT- Page 6
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48215.
3. Defendant WILLIAM BERKE (Krishna name, “Bali Mardan das”) is a resident of
New York, New York. Mr. Berke was a member of the GBC from 1977 to 1978.
4. Defendant ROBERT CORENS, (Krishna name, “Rapanuga Swami”) resides in
Alachua, Florida. Mr. Corens was a member of the GBC from 1978 to 1986.
5. Defendant WILLIAM DEADWYLER, III (Krishna name, “Ravindra Svarupa Das’)
is Chairman of the Governing Body of Commissioners. He resides at
Philadelphia, Pennsylvania 19119.
6. Defendant WILLIAM EHRLICHMAN (Krishna name, “Bhagavan Swami”) is a
resident of Berkeley, California. Mr. Ehrlichman was a member of the GBC from 1975 to 1987.
7. Defendant JOHN FAVORS (Krishna name, “Bhakti Tirtha Swami”) resides at i
EE Washington D.C. 20002. Mr. Favors was a member of the GBC from 1982 to 1999.
8. Defendant STEVEN GOREYNO a/k/a STEVEN GUARINO (Krishna name,
“Satsvarupa das”) is a resident of Baltimore, Maryland. Mr. Goreyno a/k/a Guarino was a member
of the GBC from 1975 to 1987.
9. Defendant MICHAEL GRANT (Krishna name, “Mukunda Goswami”) resides at
EE? vtomac, Maryland 20854. Mr. Grant was a member of the GBC from 1984
to 1999.
10. Defendant KEITH HAM (Krishna name, “Kirtanananda’”) resides in the Low Security
Correctional Institution in Butner, North Carolina. Mr. Ham was a member of the GBC from 1975-
1986.
11. Defendant THEODORE RICHARD HARRIS (Krishna name, “Panca Dravida
PLAINTIFFS’ ORIGINAL COMPLAINT- Page 7
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Swami”) resides in California. Mr. Harris was a member of the GBC from 1977 to 1986.
12. Defendant THOMAS HERTZOG (Krishna name, “Tamal Krishna Goswami’) resides
at TE Dallas, Texas 75223. Mr. Hertzog was a member of the GBC from 1975 to
1999.
13. Defendant JEFFREY HICKEY (Krishna name, “Jagadish das”) resides in Florida.
Mr. Hickey was a member of the GBC from 1975 to 1994.
14. Defendant GOPAL KHANNA (Krishna name, “Gopal Krishna Goswami”) resides
at EE Montreal, Quebec, H1V2C5. Mr. Khanna was a member of the GBC from
1975 to 1999.
15. Defendant HANS KARY (Krishna name, “Hansadutta Swami”) is a resident of
Cloverdale, California. Mr. Hary was a member of the GBC from 1975 to 1984.
16. Defendant WILLIAM OGLE (Krishna name, “Balavanta das’) is a resident of New
York, New York. Mr. Ogle was a member of the GBC from 1976 to 1999.
17. Defendant HOWARD RESNICK (Krishna name, “Hrdayananda das Goswami”)
resides at TE Beverly Hills, California 90211. Mr. Resnick was a member of the
GBC from 1975 to 1999.
18. Defendant BRUCE SCHARF (Krishna name, “Brahmananda”) is a resident of Miami,
Florida. Mr. Scharf was a member of the GBC from 1975 to 1987.
19. Defendants Does 1 - 30. Plaintiffs are not aware of the true names and capacities,
whether individual, corporate, or otherwise, of defendants Does | - 30, inclusive, and therefore sue
said Defendants by such fictitious names. Plaintiffs will seek leave of this court to amend this
complaint to include the true names and capacities of the defendants sued herein as Does 1 - 30,
PLAINTIFFS’ ORIGINAL COMPLAINT - Page 8
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inclusive, when the same have been ascertained. Plaintiffs are informed and believe, and thereby
allege, that each of the defendants designated herein as a “Defendant Doe” acted in concert with
each and every other defendant, intended to, and did, participate in and cause the events, acts,
practices and courses of conduct alleged herein, or, alternatively, acted as the principal or agent of
the other defendants or in the course and scope of said employment or agency, and proximately
caused damages and injuries thereby to the Plaintiffs as alleged herein.
IL.
JURISDICTION AND VENUE
l. Venue is proper in that a substantial portion of the events giving rise to the claims
iterated herein occurred in Dallas County, Texas, and one or more Defendants are residents of or
have their principal business in the State of Texas.
2. The amount in controversy herein exceeds the minimum jurisdictional requirements
of this Court exclusive of interest and costs.
3. All Defendants are subject to the jurisdiction of this Court pursuant to 18 U.S.C.
§1962 et seq., the RICO nationwide service of process statute.
Il.
ORGANIZATION OF DEFENDANTS
Defendant International Society of Krisha Consciousness, a/k/a ISKCON, and sometimes
known as “Hare Krishna” or “the Hare Krishnas,” is a spiritual institution based on a faith founded
in the United States by A.C. Bhaktivedanta Swami Prabhupada (a/k/a “Prabhupada”) in the United
States in July, 1966.
PLAINTIFFS’ ORIGINAL COMPLAINT- Page 9
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A. ISKCON’S GOVERNING BOARD
1. The Governing Body Commission of ISKCON (herein, “GBC”) is the ultimate
administrative and governing body of the movement. It was established in 1970, at the direction of
Prabhupada, the movement’s founder. The GBC initially consisted of eleven high-ranking leaders
in the movement. Although the primary activity of the GBC is in the United States, it governs
ISKCON worldwide.
B. MOVEMENT
2. ISKCON encouraged many of its followers to forego all of their material
possessions and devote their lives to the furtherance of “Krishna Consciousness.” This often
included the solicitation of donations from travelers at airports, public display of “chanting” and
street performances, and selling various of Prabhupada’s and ISKCON’s books. Because of the
total devotion demanded of its followers by ISKCON, adult “devotees” of ISKCON were
encouraged, and, in order to advance within the faith, required to relinquish their primary
parental duties and place their children in ISKCON-founded and sponsored schools, primarily
boarding schools, known as “gurukulas,” the outward or stated purpose being to indoctrinate the
children of ISKCON devotees into the disciplines of Krishna Consciousness.
C. GURUKULA BOARDING SCHOOLS
3. The first gurukula boarding school established by ISKCON was located in Dallas,
Texas, and commenced operation in 1972. By 1978, there were a total of eleven gurukula
schools in North America, including gurukulas in Los Angeles, California; Seattle, Washington;
and New Vrindaban, West Virginia. The gurukula boarding school system in ISKCON was and
is administered by the GBC.
PLAINTIFFS’ ORIGINAL COMPLAINT - Page 10
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4. Far from the promised transcendental spiritual and secular education purported to
be disseminated at the gurukulas, in fact ISKCON’s gurukulas quickly became havens for
widespread physical, emotional, mental and sexual child abuse.
5. The Defendants, at least in part, established and operated the school in order to
permit the parents to be freed to solicit and raise money for the benefit of the gurus, temple
leaders, and ISKCON corporations.
Raising funds and distribution of money were at the core of, and a pattern and practice of,
the Defendant’s wrongful conduct and racketeering practices.
ISKCON and its leaders also enriched themselves by granting special favors to large fund
raisers and donors, even if some large donors were drug dealers and other criminal elements.
The special favors include, among others:
(a) | Granting teaching positions to sexual predators so they would have access to
children for their sexual gratification;
(b) Giving young girls from the gurukulas as brides to older donor men;
(c) Creating “asylum” and a ring of protection against apprehension of fugitives,
including those dealing illegally in arms, drugs and murder, within the ISKCON
enterprise;
(d) Destroying evidence and failing to report criminal conduct on the part of ISKCON
and devotees.
6. Although sexual, physical and emotional abuse has occurred in almost every
ISKCON school, the worst and most widespread abuse was inflicted at gurukulas in Dallas,
Texas; New Vrindaban, West Virginia; Los Angeles, California; Seattle, Washington; Port
PLAINTIFFS’ ORIGINAL COMPLAINT- Page 11
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Royal, Pennsylvania and Lake Huntington, New York. Additionally, profound, severe and
extensive abuse of minor boys from the United States and Canada took place at the ISKCON
Vrindaban and Mayapur boarding schools in India.
D. INDIA BOARDING SCHOOL
7. In a conscious effort to avoid policing and scrutiny by U.S.A. child protection
agencies, ISKCON tooka large portion of its boarding school activities overseas to India. In
India, ISKCON managed at least two profoundly abusive boarding schools for boys. These
were the Vrindavan and Mayapur schools. Both were staffed and controlled by appointees of
ISKCON who were, for the most part, assigned from the United States. The students sent there
were almost exclusively from the United States, and the management policies, devised and
implemented by the GBC, originated in the U.S.A. The Indian schools were among the worst
offenders and abusers of minor boys, and many of the Indian school teachers and leaders were
also teachers, leaders and abusers in United States schools.
IV.
WRONGFUL AND ILLEGAL ACTS OF ABUSE OF MINORS
A. YEARS OF PRIMARY ABUSE
1. The sexual, physical and emotional abuse of the minor children occurred primarily
between the years 1972 and 1990, although abuse continued after 1990 and, it is believed,
continues to the present. The sexual, physical and emotional abuse of minor children was
inflicted on children from as young as 3 years of age to 18 years of age, and included both boys
and girls.
2. The abuse to which the ISKCON children were subjected was inflicted on some
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children for several years. It included a pattern and practice of sexual abuse of both boys and
girls, physical abuse, and emotional abuse. In many instances, the abuse could be accurately
described as torture of children. Not all of the following described acts of child abuse were
carried out on every child, but every plaintiff in this case was subject to multiple forms of child
abuse over extended periods of time, some for years. Some examples of the types of abuse and
neglect to which the children, ranging in age from 3 years to 18 years, were subjected include
but are not limited to:
B. ABUSE INFLICTED
3. Sexual abuse including rape, oral sex, intercourse with children,
sexual fondling of children, and masturbation with children.
Physical beatings of children with boards, branches, clubs, and
poles.
Physical beatings by adult teachers and school leaders with fists to
the head and stomach.
Kicking the children into submission.
Children were in some instances made to walk great distances
in bitter cold, including snow and rain, without jackets, coats,
or shoes.
Children were often forced to sleep on cold floors and in
unheated rooms.
Children were frequently deprived entirely of medical care or
provided such inadequate medical care as to suffer long-term
and, in some instances, permanent injury. The medical
conditions for which children were not treated included
malaria, hepatitis, yellow fever, teeth being knocked out,
broken facial bones, and broken bones in their hands, often
inflicted as they attempted to shield themselves from beatings.
10. Children were sometimes kept in filthy conditions. In at least one
instance, a local group utilized what had recently been a cattle or
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horse barn for a nursery.
Ll. In almost every school the children were kept in severely
overcrowded conditions, often forced to sleep shoulder to
shoulder on the floor or in small rooms in three-high bunks
with 10 or 12 children to each tiny room.
12. The children were physically abused by being awakened
every day in the early morning hours (generally at 4:00 a.m.)
and subjected to a cold shower, after which they were taken,
without any breakfast, to a daily religious service. At some
schools, the children were forced to walk great distances in
the dark to attend the service, and often in cold or rainy
conditions, clothed only in their thin gown-like "dohti."
13. The children were not provided bathroom tissue, but instead
were expected to wipe themselves with their fingers, after
which they would dip their fingers into a bowl of water.
14. As punishment for not cleaning themselves thoroughly,
children were scrubbed with steel wool until their skin was
raw and sometimes bleeding.
15. Children were abused when they were forced to sleep on their
wet blankets or in tubs as punishment if they wet their
bedding.
16. Some children were forced to wear their soiled underclothes
on their heads for long periods of time because they had wet
themselves.
17. Children were often forced to go without food entirely, either
because there was none, or as punishment. When food was
provided, it was always inadequate for a growing child’s diet.
18. The inadequate food that was provided was often prepared in
unsanitary conditions, was of very poor quality and so
unpleasant that even hungry children frequently could not eat
it. In at least one school, the children learned as a matter of
routine to remove insects from their food before eating it.
19. Each child was expected to eat what they were provided. If
they did not do so, their served portion was kept on their
plates until the next meal when it was served again. This
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process often continued until the cold food -- even moldy and
insect-infested -- was swallowed.
20. In some schools, children were forced to lick up their vomit
from any foul food they may have thrown up.
21. At New Vrindavan, three young boys, about six or seven
years of age, who worked in the kitchen, took some food to
their hungry friends. They were caught and punished by
being gagged, having bags placed over their heads, and being
put in a small room for several days with only a bucket for
their waste and no food or water. One of the same boys was
later slammed by a teacher into a marble wall, resulting in a
loss of some teeth and fractured facial bones.
22. Children were controlled by various threats to hurt or kill
them and by punishments. Young children, strictly limited to
a vegetarian diet, were continually terrorized when told that
non-Krishnas were meat-eaters, that they ate each other, and
that the children, if given to or taken by the meat-eaters,
would themselves be eaten.
23. Children often saw rats in their rooms and schools. Some
children (such as those at the school in Dallas) were told the
rats lived in a particular old closet, and the child would be,
and often was, placed in the closet if they didn’t do as told.
24, One form of punishment included forcing little children to stand on a
crate for long periods of time in a darkened closet "so the rats would
not eat them."
25. Very young children were in fact placed in those dark and
locked closets and left afraid and crying for hours at a time.
They were locked overnight in dark cellars with dirt floors.
One young child was made to sleep alone in the loft of a cold
barn for many nights.
26. Sometimes the children were sent by their superiors to
massage and bathe the religious gurus and then drink their
now "blessed bath water."
27. In some cases, children were stuffed into trash barrels for
periods of two to three days, with the lid on, as punishment
for relatively trivial "sins."
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28. Children were almost universally told that if they disclosed their
condition or complained to their parents or others, they would be
severely punished. When complaints were made, the children were
publicly and often severely beaten or subjected to other forms of
punishment.
29. Girls, as young as 12 or 13 years, were frequently "given" or
"promised" to an older male in the movement. Although their
marriages were generally not sexually consummated until the
child was at least 16 or 17 years old, the little girls were
terrorized by the threats, and often reality, of being given
away by their leaders to become engaged to marry "strange
old men."
30. Children were often forced to lie awake in their beds or
sleeping bags and listen as their little friends were sexually
molested by teachers and other leaders.
31. The children were emotionally abused by subjecting them to
near-total parental and societal isolation. In an effort to
totally control their minds, the children were, in most cases,
separated and isolated from their parents and were not
allowed to have regular contact with their parents. Personal
visits, correspondence, and telephone calls were either
forbidden or discouraged. Gifts, particularly of food, were
intercepted. For example, one young boy felt abandoned by
his parents, and had no contact with his family for more than
a year. He later learned the one small package of cookies sent
by his mother was intercepted and kept from him.
32. Children were frequently moved to different schools in
different states without the consent (or, sometimes,
knowledge) of parents. Some children were hidden from
parents. Some boys were shipped out of the country to
ISKCON schools in India. In at least some cases, after the
parents discovered their child’s whereabouts and made
arrangements for them to come home, their plane tickets were
intercepted, and torn up in front of the children. Then, these
children were punished for their parents’ attempt to bring
them home.
33. | Even though the children were given by their parents to
ISKCON to educate, except for the reading of their "vedic
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scriptures," the children received little or no education.
34. Because of near-total isolation from the outside world and
lack of education, the children who remained within the
ISKCON schools for extended periods of time were totally
unequipped to enter outside society. They have experienced
extreme difficulty in earning a living, entering and
maintaining relationships, including marriage, and in adapting
to the laws and regulations of society. Many are in need of
extended psychological and/or vocational training,
rehabilitation, and medical care.
35. The founder of the institution, Prabhupada, was informed in 1972, at a time when
he totally controlled the institution, that extensive physical and sexual abuse of minor ISKCON
children was occurring, but he concealed the wrongdoing from the public, parents and all but a
handful of close advisors.
36. Despite having been alerted to the physical, emotional, mental and sexual abuse of
children in its gurukula boarding schools and other schools as early as the 1970s, ISKCON and
the other defendants conspired to suppress any public disclosure, or disclosure to gurukula
children’s parents, of the pattern and practice of rampant abuse at its gurukulas. ISKCON
fraudulently concealed this information for decades, allowing the offending gurukula teachers
and supervisors continued access to children for their sexual gratification and to subject them to
physical, emotional and mental abuse. Defendants also endeavored to dissuade and discourage
parents of gurukula children from visiting the schools. This was done at least in part to preserve
the secrecy surrounding the abuse of the Krishna children.
37. ISKCON, by and through its GBC, knew that if it did not conceal and keep secret
the sexual, physical, and emotional abuse it had learned was taking place in many of its schools,
the very viability of the movement would be jeopardized. ISKCON would face a large loss of
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students and their parents from the movement and with that a large loss of funds and fundraisers.
The individual income of many members of the GBC would have been adversely impacted. Its
leaders would also have been subject to criminal and civil sanctions. The GBC made conscious
decisions to conceal the fact that injury had been, and was continuing to be, inflicted on minor
boys and girls.
V.
WRONGFUL AND ACTIONABLE CONDUCT OF THE DEFENDANTS
The actionable conduct described herein, unless stated otherwise, refers to the conduct of
all the defendant associations, corporations and individuals, both acting collectively and
singularly, and is stated as ISKCON’s conduct or acts.
A. NEGLIGENCE
l. At all times material herein from 1971 through 1996, Defendant ISKCON, through
the GBC, operated and supervised the gurukulas across the United States and in India. The
teachers and supervisors at the boarding schools and gurukulas acted upon the delegated
authority of ISKCON as its agents. The gurukula teachers and supervisors came to know the
Plaintiffs and gained access to them because of their status as leaders of ISKCON indoctrination.
The gurukula teachers and supervisors engaged in the described wrongful conduct while in the
course and scope of their duties with ISKCON and its affiliated entities. Therefore, ISKCON is
liable for the wrongful conduct of its gurukula teachers and supervisors.
2. ISKCON negligently selected and placed the offending gurukula teachers and
supervisors in positions of trust, confidence and authority and in direct, unsupervised contact
with minor children, when they either had no knowledge of the teachers and supervisors’
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backgrounds or ISKCON had actual or apparent knowledge of these individuals’ dangerous
propensities towards physical, emotional, mental, and sexual abuse of the gurukula children.
3. ISKCON failed to establish written guides and procedures to safeguard the
children entrusted to it.
4. ISKCON failed to provide proper training to its teachers and supervisors.
5. ISKCON encouraged, through its pattern and practice, the herein described acts of
wrongful and illegal conduct by its agents.
6. ISKCON failed to warn Plaintiffs or their families of the offending gurukula
school teachers and supervisors’ dangerous propensities towards abuse of minor children.
Indeed, it was ISKCON’S pattern and practice to encourage this abusive behavior from the
teachers.
7. ISKCON was under a duty to disclose the extent of the problem of physical,
emotional, mental, and sexual abuse by gurukula teachers and supervisors towards the gurukula
children, and the severe psychological problems that would result from such abuse if not
properly treated, but failed to make such disclosures.
8. ISKCON failed to notify state and governmental authorities of known and
suspected abuse when it was the law that it do so.
9. ISKCON failed to provide reasonable supervision of its teachers and supervisors.
10. ISKCON failed to provide adequate staffing to provide a safe environment.
11. ISKCON failed to provide adequate funding to its schools, even though it
represented to parents and others it would do so, and despite the facts, parents and others raised
larger amounts of money for the operation of ISKCON enterprises.
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12. ISKCON failed to provide adequate food, clothing, shelter and education in its
boarding schools, even though it represented to parents and others it was doing so.
13. The older students were sometimes appointed “monitors.” The Defendants knew
and encouraged monitors to abuse and beat the children. Actual rapes and beatings of children
by the older “monitors” were ignored by the ISKCON enterprise.
14. | ISKCON’s conduct during the time and occasions of the abuse in question resulted
in both negligent and intentional infliction of emotional distress upon the Plaintiffs.
B. ISKCON’S BREACH OF FIDUCIARY DUTY
15. ISKCON, as a religious organization, is granted special privileges and immunities
in the United States by society and is in a special fiduciary relationship with the Plaintiffs.
ISKCON owed the Plaintiffs, who were entrusted to its care, the highest duty of trust and
confidence and was required to act in the childrens’ best interest. ISKCON’s actions and
inactions, as described herein, violated that relationship when ISKCON failed to act with the
highest degree of trust and confidence to protect the Plaintiffs from physical, emotional, mental
and sexual abuse.
16. Plaintiffs and their parents were, at the relevant times, deeply devout followers of
defendants. Plaintiffs and their parents entrusted their entire physical, emotional, economic, and
spiritual lives to the control and direction of Defendants and to the Defendant entities of which
Plaintiffs were members and/or devotees. Plaintiffs and their parents relied upon the promises
and representations of the Defendants.
17. As devoted children, unable to care for or make decisions for themselves, and
entrusted in the care of the child care facilities and schools operated by the Defendants,
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Plaintiffs were owed a fiduciary duty by each of the individual entities and by all the
Defendants. By failing to take steps to prevent, detect, and minimize the harm from the
incidents of abuse suffered by Plaintiffs, the Defendants breached their fiduciary duty to
Plaintiffs.
(i) CONSTRUCTIVE FRAUD
18. As fiduciaries of Plaintiffs, Defendants owed a duty to Plaintiffs to inform their
parents/guardians of the fact that the child care facilities and schools operated by defendants
were staffed by unqualified individuals, did not contain sufficient staffing to prevent, detect, and
to minimize the effects of incidents of abuse, and that the child care facilities and schools were
below the child safety standards that would reasonably be anticipated.
19. By reason of the failure to make these disclosures to Plaintiffs or Plaintiffs’
guardians, and the resulting detrimental reliance thereon, the Defendants are guilty of
constructive fraud.
(ii) BREACH OF CONTRACT/BREACH OF WARRANTY
20. At the time that the ISKCON Defendants accepted Plaintiffs into the schools
and child care facilities operated by them, (and, at the same time, collected payment from
Plaintiffs’ parents for school tuition and/or room and board), they did, by both their conduct and
verbal statements, expressly and impliedly agree and warrant, in exchange for valuable
consideration, to provide good quality child care, schooling, boarding services in a safe,
nurturing environment, such that Plaintiffs would, among other things, not be intentionally or
negligently harmed. Plaintiffs were intended third-party beneficiaries of this express and
implied agreement and warranty between the Defendants and their parents.
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21. ISKCON and defendants breached their express and implied contract and
warranty to Plaintiffs, and as a result of those breaches, Plaintiffs were harmed.
C. DEFENDANTS BREACHED THEIR STATUTORY DUTY
22. In most jurisdictions where the Defendants operated, they were under a statutory
duty to protect children entrusted to their care from physical and sexual abuse and to report to
various child welfare and child protective agencies any known or suspected occurrences of
sexual or physical abuse of children. The Defendants breached their statutory duty in that: (a)
they engaged in a pattern and practice of, or knowingly permitted their agents to, physically
and/or sexually abuse minor children; and (b) the Defendants learned of suspected sexual and
physical abuse of children but concealed its existence from state authorities, and to this day
continue to fail to report known instances of physical or sexual abuse of children entrusted to its
care.
D. GROSS NEGLIGENCE
23. ISKCON, at the time and on the occasions in question, acted with heedless and
reckless disregard for the safety of the Plaintiffs, which disregard was the result of conscious
indifference to the rights, welfare and safety of the Plaintiffs in violation of the laws of the State
of Texas, and other states.
E. DEFENDANTS’ NEGLIGENT ASSUMPTION OF RISK OF INTENTIONAL OR
CRIMINAL CONDUCT
24. Plaintiffs incorporate by reference as if set forth at length herein all previous
allegations set forth above, and assert that ISKCON and the other Defendants are liable for acts
and/or omissions pursuant to the Restatement (Second) of Torts, Section 302B, under the legal
doctrine of negligent assumption of risk of intentional or criminal conduct.
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An act or an omission may be negligent if the actor realizes or
should realize that it involves an unreasonable risk of harm to
another through the conduct of the other or a third person which is
intended to cause harm, even though such conduct is criminal.
Restatement (Second) of Torts, Section 302B.
25. Defendant ISKCON and the other Defendants realized or should have realized that
the abusive gurukula teachers and supervisors posed an unreasonable risk of harm to minor
children, including Plaintiffs.
F. DEFENDANTS’ NEGLIGENT MISREPRESENTATION INVOLVING RISK OF
PHYSICAL HARM
26. Plaintiffs incorporate by reference as if set forth at length herein all previous
allegations set forth above, and assert that ISKCON and the other Defendants are liable for acts
and/or omissions pursuant to the Restatement (Second) of Torts, Section 311, under the legal
doctrine of negligent misrepresentation involving risk of physical harm.
(1) One who negligently gives false information to another is subject to liability
for physical harm caused by action taken by the other in reasonable reliance upon
such information, where such harm results
(a) to the other, or
(b) to such third persons as the actor should expect to be put in
peril by the action taken.
(2) Such negligence may consist of failure to exercise reasonable care
(a) in ascertaining the accuracy of the information, or
(b) in the manner in which it is communicated.
Restatement (Second) of Torts, Section 311.
27. Defendant ISKCON and the other Defendants informed parents of the abused
children that ISKCON would provide a safe and wholesome environment for their children.
Defendants’ failure to ascertain and apprise Plaintiffs and their families of the propensity of
offending gurukula teachers and supervisors to physically, emotionally, mentally and sexually
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abuse minor children, and ISKCON and the other Defendants’ representation that the offending
gurukula teachers and supervisors were not dangerous to young children placed Plaintiffs in
peril, and caused them injury.
VI.
CONSPIRACY AND FRAUDULENT CONCEALMENT
l. ISKCON has acted in concert with the other Defendants in a pattern and practice
to fraudulently conceal the extent and nature of the physical, emotional, mental, and sexual
abuse occurring at its gurukulas, boarding schools, and child care centers, as well as the harmful
effects of that abuse, continuing through the present day.
2. All Defendants herein entered into a civil conspiracy to act in concert,
accompanied by a meeting of the minds regarding concerted action, the purposes of which were
to suppress and minimize public knowledge (as well as widespread knowledge within ISKCON)
of the rampant physical, emotional, mental and sexual abuse of minor children in the gurukulas
by teachers and supervisors, and to take a uniform position and approach to the handling of
reports of abuse. This uniform position and approach was designed to avoid criminal
prosecution of the gurukula teachers and supervisor offenders, to avoid civil litigation and to
prevent or minimize claims for damages, to avoid public exposure of the sexual and other abuse
of children by teachers and supervisors at the gurukulas, to protect the reputation of ISXKXCON
and “Hare Krishnas” from scandal, and thus to insure the continued financial contributions of
Krishna devotees and outside supporters to ISKCON. This conspiracy to conceal includes
spoliation of evidence and is ongoing. Based on these actions, the Plaintiffs allege that the
Defendants are equitably estopped from asserting any defense of limitations.
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3. This ongoing conspiracy and concert of action was carried out by Defendants to
fraudulently conceal the fact that Defendants have committed acts of negligence, gross
negligence, fraud and breach of fiduciary duty, and the other wrongful conduct described herein,
and have engaged in concerted action to commit acts of negligence, gross negligence, fraud and
breach of fiduciary duty.
4. In the absence of this conspiracy and concert of action, Defendants would have
responded to repeated notice of the abuse children suffered at the hands of gurukula teachers and
supervisors and issued general and specific warnings to the entire body of Krishna devotees,
particularly the parents of children in the gurukulas. Had a proper warning been issued, the
offending teachers and supervisors would never have had unsupervised access to Plaintiffs and
other minor children, and this physical, emotional, mental and sexual abuse and exploitation
would never have occurred. Thus, Defendants’ actions in furtherance of this conspiracy are a
proximate cause of the injury and damages herein.
5. As a part of their conspiracy to conceal the physical, mental, emotional and sexual
abuse of children by the offending gurukula teachers and supervisors, Defendants followed a
practice of refusing to investigate suspected abuse, or to disclose and warn of the dangers of
physical, mental, emotional and sexual abuse by gurukula teachers and supervisors despite
actual notice and knowledge of the risk dating back over two decades. Defendants failed to
aggressively address abuse issues by such actions as promulgating proper policies for the
appointment of gurukula teachers and supervisors.
6. Plaintiffs allege that ISKCON officials, with others as plead herein, also engaged
in a conspiracy to avoid the prosecution of gurukula teachers and supervisors and to cover up the
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physical, mental, emotional and sexual abuse of minor children suffered in the gurukulas. The
purpose of this conspiracy was to prevent criminal prosecution, avoid adverse publicity, prevent
claims for damages by the numerous minor victims, and to avoid exposure of this conspiracy
designed to conceal the claims arising from the crimes of these gurukula teachers and
supervisors appointed by ISKCON through the GBC. Further, officials of ISKCON, in
furtherance of the overall conspiracy alleged, engaged in affirmative acts to conceal the
existence of this conspiracy, and to conceal acts of fraud, breach of fiduciary duty, negligence,
and gross negligence.
A. DEFENDANTS’ CONCERT OF ACTION
7. Plaintiffs incorporate by reference as if set forth at length herein all previous
allegations set forth above, and assert that ISKCON and the other Defendants are liable for acts
and/or omissions pursuant to the Restatement (Second) of Torts, Section 876, under the legal
doctrine of concert of action, and as agents of these entities, under which theories Plaintiffs seek
damages from all Defendants jointly and severally.
B. DEFENDANTS’ INTENTIONAL AND NEGLIGENT INFLICTION OF
EMOTIONAL DISTRESS
8. Plaintiffs incorporate by reference as if set forth at length herein all previous
allegations set forth above.
9. In administering the abuse against Plaintiffs, in conspiring to cover up that abuse,
in ratifying the acts of those gurukula workers who administered the abuse, and in conspiring to
assist those gurukula workers in avoiding detection by law enforcement agencies, Defendants
engaged in a pattern and practice of outrageous conduct that intentionally inflicted severe
emotional distress upon Plaintiffs, for which all defendants are liable both in actual and punitive
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damages.
Vif.
RICO VIOLATIONS
A. VIOLATION OF THE FEDERAL RACKETEER-INFLUENCED AND CORRUPT
ORGANIZATIONS ACT (RICO) 18 U.S.C. §§ 1962(C) AND 1962(D)
l. Plaintiffs restate and incorporate herein the foregoing allegations contained in this
Complaint.
2, This claim for relief is asserted against each of the Defendants and arises under 18
U.S.C. § 1962(c) and (d) of RICO, which provide:
(c) It shall be unlawful for any person employed by or associated with
any enterprise engaged in, or the activities of which affect, interstate or foreign commerce, to
conduct or participate, directly or indirectly, in the conduct of such enterprise's affairs through a
pattern of racketeering activity....
(d) ‘It shall be unlawful for any person to conspire to violate any of the
provisions of subsection . . . (c) of this section.
3. At all relevant times, each of the Defendants was a "person" within the meaning of
18 U.S.C. § 1961(3), as each of the Defendants was "capable of holding a legal or beneficial
interest in property."
4, At all relevant times, Defendants have constituted an "enterprise", within the
meaning of 18 U.S.C. §1961(4). This enterprise is an ongoing organization whose constituent
elements function as a continuing unit in maximizing the sales of Krishna/ISKCON literature
and paraphernalia , and in concert to bilk followers, including Plaintiffs and their parents and/or
guardians, out of their incomes and net worth. The public relations enterprise has an
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ascertainable structure and purpose beyond the scope of Defendants’ predicate acts and their
conspiracy to commit such acts. This “Krishna Enterprise” has engaged in, and its activities
have affected, interstate and foreign commerce. The Krishna Enterprise continues to date
through the concerted activities of Defendants to actively disguise the nature of their
wrongdoing, to conceal the proceeds thereof, and to conceal Defendants’ participation in the
enterprise in order to avoid and/or minimize their exposure to criminal and civil penalties and
damages.
5. Each Defendant has been associated with the Krishna Enterprise. Each Defendant
helped to direct the enterprise's actions and manage its affairs. Each Defendant conducted or
participated, directly or indirectly, in the conduct of the Krishna Enterprise's affairs through a
pattern of racketeering activity in violation of 18 U.S.C. § 1962(c). The Defendants’ pattern of
racketeering activity dates from at least 1971 and continues to the present, and threatens to
continue in the future.
6. The Krishna Enterprise exists separate and apart from the Defendants’ racketeering
acts. It is an ongoing organization whose members have been in frequent communication. It has
a consensual decision-making structure used to coordinate strategy, suppress the truth about the
abuse in the gurukulas, bilk followers, including Plaintiffs, out of their incomes and net worth,
and otherwise further Defendants’ fraudulent scheme.
7. Each Defendant "conduct[ed] or participate[d], directly or indirectly, in the
conduct of [the] enterprise's affairs through a pattern of racketeering activity," in violation of 18
U.S.C. § 1962(c). The Defendants' pattern of racketeering activity dates from 1971 through the
present and threatens to continue in the future.
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8. The Defendants' multiple predicate acts of racketeering include:
a. Mail and wire fraud in violation of 18 U.S.C. §§ 1341 and 1343. The
Defendants engaged in schemes to defraud members of the public and private and governmental
entities which bear responsibility for child welfare. Defendants executed or attempted to
execute such schemes through the use of the United States mails and through transmissions by
wire, radio and television communications in interstate commerce.
b. Additional predicate acts of racketeering include obstruction of justice in
the form of threatening and intimidating witnesses in violation of 18 U.S.C. § 1512, and
threatening to retaliate against witnesses, in violation of 18 U.S.C. § 1513. Upon information
and belief, the Defendants have attempted to influence testimony, principally by making threats.
These violations include attempts to influence the testimony of former ISKCON members and
their families through threats, intimidation, and harassment, physical harm and murder.
c. Predicate acts include sending fraudulent Krishna literature and gurukula
advertisements through the mails and/or using the mails to promote and advertise Krishna and
the gurukulas, in violation of 18 U.S.C. § 1461, which prohibits use of the mails to deliver any
"article or thing designed, adapted, or intended . . . for any indecent or immoral use" and use of
the mails to circulate any "paper, writing, advertisement, or representation that any article,
instrument, substances, drug, medicine, or thing may, or can be used or applied . . . for any
indecent or immoral purpose" and any "description calculated to induce or incite a person to so
use or apply any such article, instrument, substance, drug, medicine, or thing."
d. Predicate acts of racketeering also include attempting to intimidate one or
more witnesses in pending or prospective legal proceedings, in violation of 18 U.S.C. §§ 1512,
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1513, and 18 U.S.C. § 1951 (a).
€. The tactics include the use of facilities in interstate or foreign commerce to
distribute the proceeds of unlawful activity and otherwise to promote, manage, establish, carry
on or facilitate the promotion, management, establishment, or carrying on of unlawful activity,
in violation of 18 U.S.C. § 1952.
f. The predicate acts also include engaging in monetary transactions involving
the proceeds of crime in violation of 18 U.S.C. § 1957, which prohibits "knowingly engag|ing]
or attempt[ing] to engage in a monetary transaction in criminally derived property that is of a
value greater than $10,000 and is derived from specific unlawful activity," including mail and
wire fraud. 18 U.S.C. §§ 1957()(3) and 1956 (c)(7)(A).
9. The acts form a "pattern" of racketeering activity. They have been related in their
common objectives of maximizing the wealth of the Krishna Enterprise, misleading the public
and government regulators which bear responsibility for child welfare, and suppressing the truth
concerning the abuse taking place in the gurukulas.. These acts have had the same or similar
purposes, results, participants, victims and methods of commission. The acts have been
consistently repeated and are capable of further repetition.
10. Each defendant also conspired to violate 18 U.S.C. § 1962(c), in violation of 18
U.S.C. § 1962(d).
11. Plaintiffs have been injured in their property by reason of Defendants’ violations of
18 U.S.C. §§ 1962(c) and (d), because Plaintiffs have been required to incur significant costs
and expenses attributable to gurukula abuse and treatments they have been forced to incur as a
result thereof. In the absence of the Defendants' violation of 18 U.S.C. §§ 1962(c) and (d), these
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costs and expenses would have been substantially reduced or eliminated altogether.
12. | Under the provisions of 18 U.S.C. § 1964(c), Plaintiffs are entitled to bring this
action and to recover herein treble damages, the costs of bringing this suit, and reasonable
attorneys’ fees.
B. VIOLATION OF THE FEDERAL RACKETEER-INFLUENCED AND
CORRUPT ORGANIZATIONS ACT — 18 U.S.C. §§ 1962(A) AND (D)
13. This claim for relief is asserted against each of the Defendants, and arises under 18
U.S.C. § 1962(a) and (d) of RICO, which provide:
(a) It shall be unlawful for any person who has received any income derived,
directly- or indirectly, from a pattern of racketeering activity... to use or invest, directed, or
indirectly, any part of such income, or the proceeds of such income, in acquisition of and,
interest in, or the establishment or operation of, any enterprise which is engaged in, or the
activities of which affect, interstate or foreign commerce.
(d) It shall be unlawful for any person to conspire to violate any of the
provisions of subsection (a). . . of this section.
14. At all relevant times, each of the Defendants was a "person" within the meaning of
18 U.S.C. § 1961 (3), as each of the Defendants was "capable of holding a legal or beneficial
interest in property.”
15. Atall relevant times Defendants have constituted an enterprise within the meaning
of 18 U.S.C. § 1961(4). The Krishna Enterprise and its activities have an effect on interstate
commerce in that the enterprise is engaged in the business of soliciting funds and selling Krishna
literature, and promoting the attendance of children in their gurukulas, throughout the United
States and, in fact, all over the world.
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16. Defendants have engaged in a pattern of racketeering activity which dates from
1971 through the present and threatens to continue in the future. The Defendants' multiple
predicate acts of racketeering, which generated income for the Defendants, are set forth above
and are more particularly described therein.
17. Defendants have used or invested their illicit proceeds, generated through the
pattern of racketeering activity, directly or indirectly in the acquisition of an interest in, or the
establishment or operation of, each enterprise in violation of 18 U.S.C. § 1962(a). Defendants'
use and investment of these illicit proceeds in each enterprise is for the specific purpose and has
the effect of suppressing and concealing information regarding the incidents of child abuse at the
gurukulas.
18. Each defendant also conspired to violate 18 U.S.C. § 1962(a), in violation of 18
U.S.C. § 1962(d).
19. Plaintiffs have been injured in their property by reason of Defendants' violations of
18 U.S.C. § 1962(a) and (d) in that Plaintiffs have been required to incur significant costs and
expenses attributable to gurukula abuse and the treatments and counseling they have been forced
to incur as a result thereof. Under the provisions of 18 U.S.C. § 1964(c), Plaintiffs are entitled
to bring this action and to recover herein treble damages, the costs of bringing this suit and
reasonable attorneys’ fees.
VIII.
DAMAGES OF PLAINTIFFS
Damages include but are not limited to the following:
1. As a result of the incidents of abuse described above, Plaintiffs have suffered, and
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will continue to suffer, extreme emotional trauma, pain and suffering, and chronic post-
traumatic stress disorder.
2. Plaintiffs have suffered Medical and Psychotherapeutic expense, a need for
therapeutic service, diminished earning capacity and lost earnings, social stigmatization, reduced
educational attainments, and substantial general damages.
3. Plaintiffs have experienced both physical and psychological pain and suffering and
mental anguish in the past and in all reasonable probability will sustain physical and
psychological pain and suffering in the future as a result of their injuries.
4, Many Plaintiffs have incurred medical expenses in the past and in all reasonable
probability will continue to incur medical expenses as a result of the incidents described herein.
5. A significantly large proportion of Plaintiff ISKCON children have become
alcoholics, drug users, unwed mothers, and suicides. They suffer from a profound sense of guilt,
helplessness, and loss of self-esteem. They all suffer from post-traumatic stress syndrome as a
result of their childhood experience.
6. Plaintiffs collectively seek $200,000,000 in restitution for their actual damages.
7, Plaintiffs seek punitive damages in the collective amount of $200,000,000, in
order to punish and deter the outrageous conduct taken in heedless and reckless disregard for the
safety of Plaintiffs and, as a result of Defendants' conscious indifference to the rights, welfare
and safety of Plaintiffs in violation of the laws of the State of Texas, other states and the United
States.
8. Plaintiffs seek triple damages and attorney fees as provided by the RICO Statute.
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IX.
REQUEST FOR INJUNCTION AGAINST FURTHER SEXUAL,
EMOTIONAL OR PHYSICAL ABUSE OF MINOR CHILDREN
Plaintiffs believe and therefore allege that the pattern and practice of physical, emotional,
and sexual abuse to minor children currently enrolled in or residing at the Defendants’
gurukulas, schools, temples, and child care facilities, is ongoing and continues to this day.
Plaintiffs therefore ask this Court to issue a temporary injunction prohibiting Defendants from
engaging in any further sexual, emotional, or physical abuse of the minor children of ISKCON
followers currently enrolled in or residing at Defendants’ gurukulas, schools, temples, and child
care facilities, and, upon final trial of this matter, to issue a permanent injunction against
Defendants from engaging in or allowing any such abuse of said minor children.
X.
REQUEST FOR ORDER PROHIBITING DESTRUCTION
OR SPOLIATION OF EVIDENCE
Plaintiffs request this Court to immediately issue an ORDER instructing the Defendants
not to destroy, discard or spoil any documents or records, whether written, recorded, or stored
electronically, that may be or may have become relevant to any issue in this suit.
XI.
STATEMENTS TO THE COURT
1. Plaintiffs plead delayed discovery of their claims against Defendants despite the
exercise of reasonable diligence on their part, thus tolling the statute of limitations.
2. Plaintiffs plead delayed discovery of the harm caused by physical, emotional,
mental and sexual abuse and exploitations by the gurukula teachers and supervisors and the
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delay in treatment despite the exercise of reasonable diligence on their part, thus tolling the
statute of limitations.
3. Plaintiffs plead fraud and fraudulent concealment of this fraud on the part of
Defendants, thus suspending the running of limitations as to all claims.
4. Plaintiffs plead fraudulent concealment of facts under Defendants' control giving
rise to this cause of action against all Defendants, thus suspending the running of limitations.
5. Plaintiffs plead breach of fiduciary duty, including the duty to disclose, against all
Defendants, thus suspending the running of limitations against all Defendants,
6. Plaintiffs plead a concert of action, a conspiracy to conceal negligence, to commit
fraud and to fraudulently conceal the acts and the existence of the fraud and conspiracy, thus
suspending the running of limitations against all Defendants.
7. Plaintiffs allege that the actions of the Defendants have caused them to suffer an
emotionally unsound mind as to the Defendants, thus suspending the running of limitations,
pursuant to Section 16.001 of the Texas Civil Practice and Remedies Code.
8. Plaintiffs allege that the actions of all Defendants, because of their conduct,
statements and promises, preclude them from claiming a bar by limitations to any of Plaintiffs’
claims. Plaintiffs thus plead the doctrine of equitable estoppel.
XI.
JURY DEMAND
Plaintiff hereby requests and demandsa trial by jury.
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XIU.
CLAIM FOR PREJUDGMENT AND POST-JUDGMENT INTEREST
Plaintiffs herein claim prejudgment and post-judgment interest in accordance with Article
5069-1.05 of V.A.T.S. and any other applicable law.
For these reasons, Plaintiffs pray that Defendants be served and cited to appear and
answer herein, that a temporary injunction issue against any physical, sexual or emotional abuse
of minors under their control, that an ORDER be immediately issued against destruction or
spoliation of evidence herein, and upon final hearing of this cause, a permanent injunction
against further abuse be issued, and that Plaintiffs have judgment against Defendants, jointly and
severally, for damages described herein, for cost of suit, interest as allowable by law and for
such other relief to which Plaintiffs may be justly entitled.
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Respectfully submitted,
LAW OFFICES OF WINDLE TURLEY, P.C.
Rh A elle
State Bar No. 20304000
Patrick C. Patterson
State Bar No. 15603560
6440 North Central Expressway
1000 University Tower
Dallas, Texas 75206
Telephone No. 214/691-4025
Telecopier No. 214/361-5802
Email: win@wturley.com
ATTORNEYS FOR PLAINTIFFS
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