Confidential: Attomey-Client Privilege
KLEMP/ECKANKAR DAMAGES TO SRI DARWIN GROSS
"What is the commercial interest of a religion?
"It's obvious that it's involved soliciting donations, and that depends on the credibility of the religion and the religious leaders. This 15-page letter was an attack on Eckankar. It certainly was an attack piece, and that would have had a commercial impact on Eckankar."
This statement serves as a definition of damages proposed by the ECKANKAR corporation itself, a standard to which it may reasonably be held in assessing it's damaging conduct. The statement, coming from ECKANKAR's own legal counsel, amounts to an admission of the damage done to the livelihood of Sri Darwin Gross by massive ECKANKAR attacks , commencing August 8, 1983, formally propounded to the leadership ranks on October 22, 1983, and continuing to the present day. When analyzed in terms of the October 14, 1989 letter of Darwin Gross and its contents, the evidence of damage intentionally inflicted upon the person, reputation and career of Darwin is overwhelming. ECKANKAR had no refutation of any of the meticulously detailed charges leveled against it in Darwin's 10-14-89 letter.
The 10-14-89 charges were grounded in fact and offered in self defense. Sans justification, the corporation cynically sued to silence Darwin on frivolous grounds, alleging critical quotations from Paul Twitchell to be "publication" of unpublished proprietary materials rather than the fair comment obviously intended; that Darwin's critical use of trademarked terms somehow constituted a violation thereof. The 10-14-89 letter actually documents a wide range of extremely damaging conduct against Darwin Gross by premeditated acts of extreme malice on the part of Harold Klemp and the ECKANKAR corporation.
1. Harold deliberately deceived Darwin from inception, concealing his mental condition and history. Klemp only recently recounted his attempted suicide, grandiosity, public nudity and arrest in Child in the Wildemess. Had Darwin known of this he would not have nominated him for the stressful position he did. Mastership is not a task for those subject to mental breakdown. Instead Darwin would have recommended that Harold seek professional help. One needs a firm foundation in reality before undertaking the stress of spiritual unfoldment, to say nothing of mastership. Both Paul and Darwin have said this on many occasions. That Harold concealed his disturbed mental state from Darwin is another evidence of that condition. There is nothing remotely spiritual about attempted suicide, belief one controlsthe weather, disrobing in a public place or being taken into police custody. That Harold now boasts of this in a published book suggests his grasp of reality remains inadequate. The deception damaged Darwin by exposing him to ridicule and contempt.
2. Harold deliberately deceived Darwin into investing him with an extremely close and sacred trust. Nominated by Darwin as his successor-in-training, Klemp conspired againstDarwin, launching a premeditated, all-out sneak attack on his unsuspecting benefactors. Klemp already had Darwin's total support. Darwin had already taken the initiative, announcing his desire to retire. Klemp elected to steal what he should have earned, destroying Darwin in the process. Klemp had every reason to know well in advance that his plans to betray the teachings and writings of Sri Paul Twitchell would be opposed by their guardian, Darwin Gross. Klemp's unprincipled strategy was to so completely destroy the reputation of Darwin that the latter's opposition would count for little or nothing when the time came.
1. Michael J. Esler Esq. on behalf of ECKANKAR, before the United States District Court for the District of Oregon, ECKANKAR vs. Darwin Gross, Civil No. 89-1150-JU, May 7, 1990, Portland, Transcript of Proceedings, Motion for Summary Judgement, p. 7, lines 7-12.2. Harold wrote what turned out to be a true confession: "So many of our mental hospitals are filled with persons who have dabbled in psychic phenomenon they are pushed over the borderline from normalcy to emotional disorder. Unless the symptoms are recognized he may seriously damage the lives of those around him. To satisfy his desires he will step on anyone regardless of injury to feelings or the reputation of an innocent person. He is a pathological liar but talks so convincingly that he is believed and is able to get ahead. But eventually his words and actions boomerang and cost him dearly. Of all the mental ailments this is one of the most difficult to resolve, according to medical authorities. It is probably the most damaging and misunderstood of all."Confidential: Attomey-Client Privilege -2- 12/24/98
3. Harold Klemp deliberately involved his wife in the deception, conniving a show of marital solidarity to influence Darwin Gross. The marital solidarity was as contrived as Klemp's pseudo-loyalty to Darwin and the teachings. After seizing the corporate object of his ambition, Klemp unceremoniously dumped not only Darwin but the mother of his daughter in favor of a younger woman. 3 The latter was the culmination of a sordid office affair conducted under the very noses of his wife and daughter.4 If one is to judge Klemp by his own actions, treachery is a way of life with him. The marital solidarity deception induced Darwin to rely upon Harold, to the former's considerable loss.
4. To consolidate his takeover and to destroy Darwin's reputation as an otherwise qualified witness against him, Klemp spread outrageous lies, foremost among which was an allegation that Darwin "stole" $2,600,000 from the corporations This he was so negative and outrageous that the majority of members could not bring themselves to reject it. They believed it must be true, that no one would otherwise stoop so low. Klemp counted on the incredulity of the average man in a textbook exercise of the technique made infamous in this century by Dr. Joseph Goebels, and along lines openly declared in the most infamous of all 20th century documents, Mein KaMpf 6
3 Klemp's callous throwing over of his wife contrasts the sensitive parting of Darwin and Gail. The demands of the membership made it impossible for Darwin to devote to her the time and energy she needed after a long and bruising battle helping Paul bring the ancient message to the modem world. Gail needed the rest and privacy Darwin's position made it impossible to have. He has always presented Gail in a most favorable licht. He has never cast any reflection upon her. They conducted an amicable parting in the spirit of mature friendship and a shared trust. It was a parting of the ways noteworthy for its cordiality and good will.
4 Harold insisted upon keeping his office at home after nominated him in 1981. Darwin was temporarily working in the office at the request of the Board of Trustees, trying to improve operations, and became
aware that Joan Cross would run errands to Klemp's home lasting for hours rather that the minutes required. Darwin could not help but know of this because when he needed the office station wagon he would
be told Joan had taken it to Harold's office. Darwin was saddened by this but said nothing, knowing it must all come out in time.
5 The accusative terirn "stole" was actually written into court papers filed by the same Michael Esler in 1983, in support of Klemp's spurious suit to recover the normal equipment, manuscripts and bank
accounts duly authorized by Klemp as a voting trustee for Darwin's Oregon semi-retirement operation. They should have been recovered in the same manner, by vote of the Trustees. Darwin never disobeyed an
instruction of the Board of Trustees. Klemp has sealed off the corporation's records from public view but cannot deny he was in attendance at the Board meetina in which the Trustees unanimously authorized
Darwin's move to Oregon. That same Board authorized a retirement home for Darwin's comfort at Salishan on the Oregon coast. A trustee architect desioned the home, including meeting space for future trustee
meetino,s. The same Board authorized the transfer of trust funds to Oregon, the income from which was to cover the overhead entailed by Darwin's office. Darwin never signed a check alone in his entire career
at ECKANKAR. Exhaustive audit by Klemp failed to turn up a sinale instance of financial irresponsibility on Darwin's part despite his intense involvement in a dozen years of spectacular, often hectic
organizational growth. Klemp knew when he made his false charges against Darwin at a Higher Initiates meeting he called for October 22, 1983, that his audience would have no way of knowing at the time that
he, Harold Klemp, had actually voted to authorize the very conduct he now characterized as irresponsible and criminal! The combination of secret treachery and big lies so stunned the hiaher initiates and
membership that they believed what Klemp said. They apparently could not conceive of anyone doing something that malicious.
Confidential: Attomey-Client Privilege -3- 12/24/98
5. In the 10- 14-89 letter Darwin detailed the acquisition contract by which Gail TwitcheH Anderson sold the works of Sri Paul Twitchell to the corporation. Gail inserted into this contract a proviso
requiring the colporation to ensure the originality of those works and their proper presentation. These requirement is without exception. A copy of the contract was included with Darwin's letter. It was the first
many knew either of the contract or of its binding requirements. Klemp has systematically violating that contract by rewriting the works of Paul Twitchell and by amending his teachings in significant ways
improper to universal principles taught by Paul Twitchell.7
The corporation's answer was to sue Darwin, both to silence him and to ruin him financially. Due to extreme, long-running harassment of the corporation against Darwin, he found it necessary to retain a
consultant to assist him in preparing the factual background of his case for his attorneys. Plaintiff has prolonged the discovery process beyond all reason, overreaching and extending its claims in all directions.
As plaintiff demanded the production of more and more documents, nearly all irrelevant to its original case, and with no prospect of ending the case case in sight, Darwin, sought a way OUt.8 It eventually
became necessary to seek a second opinion from a lawyer specializing in religious litigation. The advice Darwin received was to give the corporation access to everything it wanted even though it had no legal
right to invade Darwin's privacy, simply to get it over with. The opinion stated that Darwin had been put in a position of being unable to afford the justice due him under the law. With little or no alternative,
Darwin accepted the bitter advice. Darwin has provided the corporation with dozens of documents it could not otherwise claim. This was the price exacted from him by the corporation's conduct of what one
attorney has called a tactic of "discovery that never ends".
6. Though Darwin carefully qualified his nori-iination of Harold Klemp to a trainee position only, Klemp and his followers quickly changed this to an announcement of succession.
6 "My Battle" by Adolph Hitler, alias Adolph Schicklgruber, as dictated in prison to Rudolph Hess, 1924. English translation, 1933. In this remarkable confession Hitler foretold his remilitarization plans in
violation of the Versailles Treaty but was not believed by allied governments responsible for the enforcement of the treaty. It was Hitler's firm conviction that the average person would always be taken in by lies if
they were sufficiently big enough. He reasoned that the average man cannot visualize lying on a large scale. The average person fears exposure for little lies, Hitler concluded, and therefore bic, lies were
inconceivable. History proved him right. Appeasement was official allied policy until the bitter end of peace and commencement of World War II. As Darwin pointed out, a lie alleging him to have taken two
thousand dollars would have been laughed off by the membership, but the far bigger lie of $2.6 million was swallowed whole. It was inconceivable to rank and file members that the man solemnly impugning
the reputation of Darwin Gross was the same man who had earlier voted to transfer certificates of deposit in the same amount for legitimate business purposes, and subject to the control of the Board of
Trustees. The conned membership had no excuse however. Those who persistently asked questions would eventually discover the truth, even thouah Klemp made them pay a price for so doing. Those who
bought the big lie were either too naive to question authority, too cowardly to confront Klemp's venom, too inclined to secretly rejoice at the presumed failure of a role model, or too indifferent to care one way or
the other. Or all of the above.
7 For example, Paulji described detachment or vairag as the supreme attainment of discipleship on the spiritual path he represented. Instead Klemp first trademarked the ten-n vairag and then sued Darwin for
protesting Klemp's "ownership" of a religious term thousands of years old. The proper presentation of Sri Twitchell's vairag principle is as a universal spiritual attitude of value to all. Commercializing vairag and
other universal spiritual terms is the antithesis of Paul's teachings. 8 Before the case bankrupted him, while still hanging over his head. Without funds to pay his attorneys, he would be at the corporation's mercy
-- "lack of mercy" is the more descriptive expression. It was a trap Darwin could not afford to allow. The corporation has made no secret of it's intention to silence Darwin Gross. It would surely press that case
against a penniless defendant.
Confidential: Attomey-Client Privilege -4- 12/@4/98
It was a deception calculated to impeach Darwin's testimony when the premeditated final takeover ocurred. From the actual circumstances of a man in physical pain, seeking the relief of seniiretirement, Darwin
was misrepresented as a man who would not let Harold be in charge. The membership had no way to know that Darwin was actually called back by the Board of Trustees in an effort to correct problems Harold
was helpless to solve, nor that Darwin had repeatedly indicated a readiness to resign whenever he could be spared. To gain sympathy with the membership, Klemp deliberately unden-nined Darwin, painting him
as a "fallen master". This contrived lie greatly degraded Darwin in the eyes of those formerly holding him in high esteem.
7. In a determined campaign to eradicate all traces of Darwin's twelve years of dedicated and very successful leadership, Klemp caused the physical destruction of approximately one million
books, records, tapes, photographs and other Darwin memorabilia. Darwin had donated his copyrights to the corporation in return for a lifetime contract of employment and/or retirement benefits. The
destruction of his work and the products by which he might have supported himself was extremely ruthless. To even speak respectfully of Darwin Gross became a serious membership offense which Klemp
punished with expulsion and shunning.
8. Klemp denied Darwin his pension and medical benefits. This made it necessary for
Darwin to hire attorneys in an effort to survive. Klemp's tactic of endless discovery so impoverished Darwin that he could not afford to appeal an unfortunate ruling described as "incompetent" by observers.
None of this would have happened had Klemp observed the corporation's agreement with anything even approaching the degree of faithfulness exhibited by Darwin. The corporation benefited greatly by
Darwin's labors, yet Klemp perversely made Darwin a persecuted outcast in response. It is treachery akin to that of Lord and Lady Macbeth, as narrated by Shakespeare.
9. Having condemned Darwin with big lies, Klemp and his solely owned corporation denied Darwin the opportunity to defend himself in any membership forum. Darwin was declared guilty
because Klemp said so and not because of any fair membership hearing with the right to voice questions and receive answers from both sides.9 This shut-out damaged Darwin greatly because he had no way to
defend himself before the membership. He could not expose Klemp's statements as contradictions of Klemp's voting record on the Board of Trustees. He could not expose Klemp's breach of the originality
contract requirements regarding the works of Sri Twitchell. He could not present the facts of his own diligence, faithful stewardship and innocence of false charges.
10. The corporation's continuing campaign of derogation against Darwin Gross and its continuing harassment of him by attorneys has produced many threats against Darwin's life and safety by
aber-rated followers of Klemp. Not only has Darwin been falsely accused to the membership and public in general, but also in writing to many law enforcement agencies. This has required that Darwin submit to
a line of questioning degrading to a man of character and exemplary citizenship, including honorable military service.10
9 Klemp voiced his most damning lies against Darwin at the meeting he called of higher initiates on October 22, 1983. Darwin was denied access to this meetina, as were his representatives. Klemp deliberately
forestalled any possibility of the membership learnina of his perfidy. Darwin was denied any opportunity to defend his good name and faithful record of service. This denial was extremely damaging. Klemp's
shutout was so thorough that to this day the mere mention of Darwin's name at any membership gathering is sufficient to provoke expressions of distaste, denunciation and general ill will. Thus has Klemp
repaid devoted service and extreme kindliness with reprobation. It is malice by any and all definitions.
I 0 The Secret Service was advised that Darwin Gross was a "threat" to the life of the President and of the federal judiciary, to name a few. This caused a lengthy investigation which culminated in shifting the
focus of investigation from Darwin to the complainant. These and many more lies cost Darwin considerable stress, time and money to refute. Big lies by their nature are easily made but extremely difficult to
refute because of a human tendency to uncritically accept extremely negative charges against prominent people. Big lies and liars deliberately exploit these and other weaknesses of human nature. Klemp's
practice of the dark arts runs counter to everything taught by Sri Paul and Sri Darwin.
Confidential: Attomey-Client Privilege -5- 12/24/98
11. Klemp, the usurper and pretender, now assumes credit for building th e organization of ECKANKAR as though Darwin Gross never lived. Darwin is damaged by being denied even the recognition of past
labors. He must start over, as though he had no past, despite being of social security age. Worse, he carries the burden of an artificial past concocted by Klemp,
falsely branded as a man of bad character and no accomplishments' I 1
12. Klemp and the ECKANKAR corporation damaged Darwin by revoking his lifetime membership contract without refund. It similarly revoked the lifetime membership of many others who asked
questions or defended Darwin. These breaches were done willfully and with intent to harm. The absence of either hearing or refund is proof of that. The demand of Klemp for absolute, unquestioned loyalty
contradicts the teachings of Sri Paul Twitchell and Sri Darwin Gross. It constitutes an entirely improper presentation of their constant emphasis upon the individual's right to choose, to question and to challenge
blind appeals to authority. The membership funds were held in trust under Darwin's leadership and were subject to the control of an independent Board of Trustees.
KlempforrnedanewECKANKARcorporationintheStateofMinnesota,12 organizingit as a corporation sole with himself as the only stockholder. He reformed the Nevada and California corporations, recording
himself as the only voting member, with power to appoint trustees.. Klemp "trustees" are trustees in name only, serving at his pleasure or not all, as indicated by Klemp's total voting control and the constant
turnover of "trustees". An asset-base of more than twenty-five million dollars, formed under the protection of a Board of Trustees, was declared subject to the control of Harold Klemp. Klemp has maneuvered
himself into the position where he can apparently do with membership assets as he sees fit.
The foregoing is only a brief summary of the damages inflicted upon Sri Darwin Gross by Harold Klemp, Peter Skelskey and the ECKANKAR corporation.
I I The works of Paul Twitchell have met the same fate, being described under oath by Twitchell's selfappointed successor, Peter Skelskey, (and President of the ECKANKAR corporation) as "something that was
almost worthless -- they were written in the 1920's or 1930's style and had to be completely rewritten." (Deposition of Peter Skelskey, September 12, 1984, page 57, lines 12-14, in Sri Darwin Gross v.
ECKANKAR). Skelskey's low opinion of Paul Twitchell's writings did not prevent him from filing a Successor-In Interest claim with the State of California on February 23, 1987. The legacy of Sri Twichell and Sri
Gross is controlled by those contemptuous of the one and unalterably opposed to the other. It is not the product of succession but of takeover with extreme malice, deception and greed. 12 The Minnesota
ECKANKAR corporation sole was Filed October 16, 1985.
The Nevada ECKANKAR corporation sole was filed December 21, 1987.
The California ECKANKAR corporation sole was filed June 20, 1985.
