Full text of the child abuse law suit in ASCII - part 1

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION

 

PLAINTIFFS:

CHILDREN OF ISKCON:

LAWRENCE ANDERSON,

JOHN BAEZ,

BENJAMIN BRESSACK,

ANNA CARLSON,

KRSNA SHAKTI CARLSON,

HEIDI CHACON,

MAYA CHARNELL,

JACOB CHATTERTON,

JAMES PETER CHATTERTON,

CHRISTOPHER CHIRCOP,

ZOLTAN CORBETT,

KEITH DOMINGO,

ABHAY DURR,

MELODY GEDEON,

TINA HEBEL,

NIRMALA HICKEY,

JENS JENSEN,

VISHAKA JOKIEL

NADIM KESTEN,

LAKSAMANA KEYES,

TRISHA KLIMEK,

BRAJADEVI LEVINE,

GREG LUCZYK,

FRANK LYONS,

NARAYANA LYONS,

JOI McMILLON,

TAJH MILLER,

JOEY MUSACCHIO,

YURI NESBITT,

ANYA POURCHOT,

BRIDGETTE RITTENOUR,

STEPHANIE RUMPLE,

UDDHAVA SAMANICH,

SUTA DAS SCHRAMM,

BRAJARANI SCIOSIA,

VILASINI SILVERMAN,

ANANTA SOFSKY,

JUSTIN SOFSKY,

CHRISTOPHER STRAYHORN,

CORRINA TILLMON,

JESSICA TILLMON,

SITA TORTORICE,

DAVID TOURJEE,

DAMIAN WEIR,

Plaintiffs,

 

 

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.,

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,

WILLIAM BERKE,

ROBERT CORENS,

WILLIAM EHRLICHMAN,

JOHN FAVORS,

STEVEN GOREYNO a/ k/ a STEVEN GUARINO,

MICHAEL GRANT,

KEITH HAM,

THEODORE RICHARD HARRIS,

THOMAS HERTZOG, Individually,

JEFFREY HICKEY,

HANS KARY,

GOPAL KHANNA, Individually,

WILLIAM OGLE,

HOWARD RESNICK, Individually,

BRUCE SCHARF, and

DEFENDANT DOES 1-30,

Defendants.

 

 

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

 

INDEX

I PARTIES .......................... 1

PLAINTIFFS ....................... 1

DEFENDANTS ..................... 3

DEFENDANT MEMBERS OF THE GOVERNING BODY

OF COMMISSIONERS (GBC) RESIDING IN THE U. S. A. ........... 6

 

 

II JURISDICTION AND VENUE ..................... 9

III ORGANIZATION OF DEFENDANTS ............... 9

A. ISKCON'S GOVERNING BOARD ................ 10

B. MOVEMENT ..................... 10

C. GURUKULA BOARDING SCHOOLS ............. 10

D. INDIA BOARDING SCHOOL .................... 12

IV WRONGFUL AND ILLEGAL ACTS OF ABUSE OF MINORS ............ 12

A. YEARS OF PRIMARY ABUSE .................... 12

B. ABUSE INFLICTED ...................... 13

V. WRONGFUL AND ACTIONABLE CONDUCT OF THE DEFENDANTS .......... 18

A. NEGLIGENCE ..................... 18

B. ISKCON'S BREACH OF FIDUCIARY DUTY .............. 20

(i) CONSTRUCTIVE FRAUD ................. 21

(ii) BREACH OF CONTRACT/ BREACH OF WARRANTY ...... 21

C. DEFENDANTS BREACHED THEIR STATUTORY DUTY .......... 22

D. GROSS NEGLIGENCE ................... 22

4

 

E. DEFENDANTS' NEGLIGENT ASSUMPTION OF

RISK OF INTENTIONAL OR CRIMINAL CONDUCT ............ 22

 

F. DEFENDANTS' NEGLIGENT MISREPRESENTATION

INVOLVING RISK OF PHYSICAL HARM ................ 23

 

VI CONSPIRACY AND FRAUDULENT CONCEALMENT ........... 24

A. DEFENDANTS' CONCERT OF ACTION ................. 26

B. DEFENDANTS' INTENTIONAL AND NEGLIGENT

INFLICTION OF EMOTIONAL DISTRESS ............... 26

 

VII RICO VIOLATIONS ...................... 27

A. VIOLATION OF THE FEDERAL RACKETEER-INFLUENCED

AND CORRUPT ORGANIZATIONS ACT (RICO)

18 U. S. C. §§ 1962( C) AND 1962( D) ................ 27

 

B. VIOLATION OF THE FEDERAL RACKETEER-INFLUENCED AND

CORRUPT ORGANIZATIONS ACT – 18 U. S. C. §§ 1962( A) AND (D) ...... 31

 

VIII DAMAGES OF PLAINTIFFS ..................... 32

IX REQUEST FOR INJUNCTION AGAINST FURTHER

SEXUAL OR PHYSICAL ABUSE OF MINOR CHILDREN ......... 34

 

X REQUEST FOR ORDER PROHIBITING DESTRUCTION

OR SPOLIATION OF EVIDENCE ................. 34

 

XI STATEMENTS TO THE COURT .................. 34

XII JURY DEMAND ......................... 35

XIII CLAIM FOR PREJUDGMENT AND POST-JUDGMENT INTEREST ....... 36

 

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:

 

I.

 

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. Plaintiff Lawrence Anderson resides in North Carolina.

2. Plaintiff John Baez resides in Florida.

3. Plaintiff Benjamin Bressack resides in Florida.

4. Plaintiff Anna Carlson resides in Oregon.

5. Plaintiff Krsna Shakti Carlson resides in Oregon.

6. Plaintiff Heidi Chacon resides in Florida.

7. Plaintiff Maya Charnell resides in British Columbia, Canada.

8. Plaintiff Jacob Chatteron resides in British Columbia, Canada.

9. Plaintiff James Peter Chatterton resides in London, England.

10. Plaintiff Christopher Chircop resides in Florida.

11. Plaintiff Zoltan Corbett resides in California.

12. Plaintiff Keith Domingo resides in Pennsylvania.

13. Plaintiff Abhay Durr resides in Florida.

14. Plaintiff Melody Gedeon resides in Florida.

15. Plaintiff Tina Hebel resides in North Carolina.

16. Plaintiff Nirmala Hickey resides in Florida.

17. Plaintiff Jens Jensen resides in California.

18. Plaintiff Vishaka Jokiel resides in Kailua, Hawaii.

19. Plaintiff Nadim Kesten resides in New York.

20. Plaintiff Laksmana Keyes resides in Colorado.

21. Plaintiff Trisha Klimek resides in California.

22. Plaintiff Brajadevi Levine resides in British Columbia, Canada.

23. Plaintiff Greg Luczyk resides in British Columbia, Canada.

24. Plaintiff Frank Lyons resides in Pennsylvania.

25. Plaintiff Naryana Lyons resides in Pennsylvania.

26. Plaintiff Joi McMillon resides in Florida.

27. Plaintiff Tajh Miller resides in California.

28. Plaintiff Joey Mussacchio resides in Quebec, Canada.

29. Plaintiff Yuri Nesbitt resides in Colorado.

30. Plaintiff Anya Pourchot resides in California.

31. Plaintiff Bridgette Rittenour resides in Brownwood, Texas.

32. Plaintiff Stephanie Rumple resides in North Carolina.

33. Plaintiff Uddhava Samanich resides in New York.

34. Plaintiff Suta das Schramm resides in Arizona.

35. Plaintiff Brajarani Scioscia resides in Illinois.

36. Plaintiff Vilasini Silverman resides in Maryland.

37. Plaintiff Ananta Sofsky resides in New York.

38. Plaintiff Justin Sofsky resides in New York.

39. Plaintiff Christopher Strayhorn resides in California.

40. Plaintiff Corrina Tillmon resides in New York.

41. Plaintiff Jessica Tillmon resides in California.

42. Plaintiff Sita Tortorice resides in Wisconsin.

43. Plaintiff David Tourjee resides in New Jersey.

44. Plaintiff Damian Weir resides 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 Deadwyler, III, the

Chairman of the Governing Body of Commissioners. He resides at 41 West

Allens Lane, 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

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, 18104 N. W.

County Road 239, Alachua, 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 th 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 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 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

550 North Eisenhower Drive, 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 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 41 West

Allens Lane, 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

600 Ninth St., N. E., 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

10310 Oaklyn Drive, Potomac, 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

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 5430 Gurley Ave., 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 1626 Pie IX Blvd., 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 153 N. Arnaz Dr., 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 1 -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, 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.

 

II. JURISDICTION AND VENUE

 

1. 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.

 

III. 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.

 

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.

 

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;

 

© 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 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 took a 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 Vrndavan 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 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.

 

4. Physical beatings of children with boards, branches, clubs, and poles.

 

5. Physical beatings by adult teachers and school leaders with fists to

the head and stomach.

 

6. Kicking the children into submission.

 

7. Children were in some instances made to walk great distances in bitter

cold, including snow and rain, without jackets, coats, or shoes.

 

8. Children were often forced to sleep on cold floors and in unheated

rooms.

 

9. 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 horse

barn for a nursery.

 

11. 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 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."

 

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 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 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

 

1. 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' 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.

 

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, 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.

 

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. 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

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.

 

(continued)