Helena is fined for Barratry

From anon-remailer@utopia.hacktic.nl Mon Jul 24 17:13:09 BST 1995

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     On May 2, 1994, Helena Kobrin, counsel for the Church of
Scientology, was ordered to pay sanctions in the total sum of
$17,775 for filing a frivolous complaint in federal court.  The
case is entitled Religious Technology Center, Inc. v. Frank
Gerbode, and is reported in the RICO Business Disputes Guide
published by Commerce Clearing House, Inc.  The citation is
Religious Technology Center, Inc. v. Frank Gerbode, [Current
Transfer Binder] RICO Bus. Disp. Guide (CCH) par. 8595 (C.D. Cal.
May 2, 1994).  The case was decided by Judge A. Wallace Tashima
of the U.S. District Court for the Central District of
California.  The case number is  CV 93-2226 AWT.
     Ms. Kobrin prepared and filed an amended complaint on behalf
of plaintiffs Religious Technology Center and the Church of
Scientology International against defendants David Mayo and the
Church of New Civilization.  Id. at 15,790.  The amended
complaint alleged that defendants violated the Racketeer
Influenced and Corrupt Organization Act (RICO).  Id.  The Court
dismissed the action.  Id.  The defendants then filed a motion
for sanctions against, among others, Helena Kobrin and her firm,
Bowles & Moxon.  Id.  The Court granted the motion after
observing:

          "This RICO complaint does not pass muster
          under Rule 11(b)(2) that the claims be
          'warranted by existing law.'  Neither is any
          'nonfrivolous argument' made 'for the
          extension, modification, or reversal of
          existing law' in support of plaintiffs' RICO
          theory.  * * *  The claims are frivolous. 
          Alleging the RICO claims in the amended
          complaint was objectively unreasonable under
          the circumstances."

Id. at 15,792 (footnotes omitted).
     The Court concluded as follows:

          "IT IS ORDERED:

               1.   Defendants shall recover from
          Attorney Helena K. Kobrin and the law firm
          of Bowles & Moxon, jointly and severally,
          monetary sanctions under Rule 11 in the sum
          of $8,887.50, as partial reimbursement for
          attorneys' fees incurred in defending
          against the amended complaint.

               2.   In addition, Attorney Helena K.
          Kobrin and the law firm of Bowles & Moxon,
          jointly and severally, shall pay to the
          Clerk of the Court a monetary penalty in the
          sum of $8,887.50, as a further sanction."

Id. at 15,794.
     It is unknown whether Ms. Kobrin, or any other party, filed
an appeal from the District Court's order imposing sanctions.
If such an appeal was filed, it is unknown whether the appeal
is still pending, or what the result was if it has been decided.
The District Court's order imposing sanctions may not be final.

*** Elvis Cole

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