EXHIBIT

Case 8:13-cv-00220-JDW-TBM Document 106-1 Filed 04/07/14 Page 1 of 31 PageID 2549

 

UNITED STATES

DISTRICT COURT

MIDDLE

DISTRICT OF FLORID T MP

DIVISION LUIS

A.

G RCI

SAZ

and

wife, MARIA

DEL

Case No. 8:13-CV-220-T27 TBM

ROCIO

BURGOS GARCIA, Plaintiffs, vs.

CHURCH OF SCIENTOLOGY

FLAG

SERVICE

ORGANIZATION, INC.;

CHURCH OF SCIENTOLOGY FL G SHIP SERVICE

ORGANIZATION, INC., d/b/a Majestic Cruise Lines; Defendants.

roposed

AMENDED

COMPL INT

AND DEMAND

FOR

JURY TRI L

Plaintif

fs

, LUIS

A

GARCIA SAZ ( LUIS GARCIA ) and wife, MARIA DEL ROCIO BURGOS GARCIA ( MARIA GARCIA ), sue Defendants CHURCH

OF

SCIENTOLOGY FLAG SERVICE ORGANIZATION, INC., a Florida nonprofit corporation ( FLAG ); and CHURCH OF SCIENTOLOGY FLAG SHIP SERVICE ORGANIZATION, INC., d/b/a Majestic Cruise Lines, a foreign nonprofit corporation doing business

in

Florida ( SHIP ) and allege as follows:

INTRODUCTION

1.

This suit arises out

of

a systemic and unfair practice orchestrated against, among others, Plaintif

fs

by

the Defendants and facilitated

by

the concerted, fraudulent conduct

of

each

of

them. Through deceptive acts in the

fo

rm

of

representa

ti

ons and o

mi

ssions which Defenda

nt

s knew were

li

kely to mislead Pla

in

ti

ffs

to

their detrimen

t

Plaintiffs suffered

Case 8:13-cv-00220-JDW-TBM Document 106-1 Filed 04/07/14 Page 2 of 31 PageID 2550

 

financial losses caused by Defendants' soliciting contributions for purposes that were never fulfilled and for failing to repay deposits for future services that were never rendered and for fraud as hereinafter alleged.

2

As detailed below, Defendants directly owed duties to Plaintiffs, including duties

of

full disclosure, to accurately and truthfully represent the nature and purpose

of

the solicited funds that Plaintiffs transferred for the Defendants' benefit. Plaintiffs' agreement

to

transfer their funds was predicated on the trust and confidence Plaintiffs believed they had with Defendants, and the mistaken belief that FLAG and SHIP would not defraud Plaintiffs as Defendants have,

in

fact, done. The loss

of

Plaintiffs' funds

is

a direct and proximate cause

of

Defendants' wrongful actions.

3

Plaintiffs were formerly members

of

the Church

of

Scientology until November

of

2010, when they concluded that the Church had lost its spiritual, moral, and financial compass under the leadership

of

David Miscavige, the self-titled ecclesiastical leader

of

the Scientology religion. 

4

The Church

of

Scientology refers to the hierarchical structure

of

the Scientology movement, which is comprised

of

various corporations and related entities, operating under the leadership

of

David Miscavige. These form a complicated web

of

entities, trusts and acronyms intended to make it difficult,

if

not impossible,

to

follow the money. While the various entities make some efforts

to

appear distinct, they are not in fact separate, with employees

of

FLAG and SHIP performing the functions

of

nominal entities, even directing Plaintiffs and others

to

make out checks

to

bank accounts

in

other entities' names. 5. The victims

of

Defendants' fraud are often left without recourse because Defendants, Page 2

of3

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