I, DR. MATHILDE KRIM, do hereby declare as follows:
1. I'm the Chairman of the Board and Co-Founder of the American Foundation for AIDS Research, commonly known as AmFar.
2. In 1983 I was the Head of the Interferon Laboratory at the Memorial Sloan-Kettering Cancer Center in New York. At that time, research scientists like myself had begun to be involved in research on AIDS.
3. In 1983 one of the other New York City scientists researching AIDS was Joseph A. Sonnabend, M.D. Dr. Sonnabend was a virologist and microbiologist who specialized in infectious diseases, particularly sexually transmitted diseases.
4. Myself, Dr. Sonnabend, and at least a dozen other leading medical researchers in New York City, decided to form a private, not-for-profit, medical foundation to undertake research into AIDS supported by private donations. We wanted to concentrate on developing early diagnosis, determining what causes AIDS and finding a successful treatment.
5. Dr. Sonnabend introduced me to two attorneys that he knew, Graham E. Berry and Frank Hoffey. Berry and Hoffey were partners in a law firm at 10 East 13th Street, Suite LD, New York City.
6. I recall Dr. Sonnabend telling me at that time that Berry and Hoffey were representing him in a legal matter. In addition, Hoffey, and possibly Berry, were also patients of Dr. Sonnabend.
7. Because of Dr. Sonnabend's relationship with Berry and Hoffey, we decided to use their firm to prepare the foundation's incorporation papers. Berry actually drew up and signed the Certificate of Incorporation papers while Hoffey was the one who notarized Berry's signature. Berry listed himself, Hoffey and myself as the initial directors of the foundation. Berry didn't list any of the foundation's scientists as Directorys because it was hoped that, in the future, they would be supported in their work by funds raised by the foundation for their research and any appearance of a conflict of interest was to be avoided.
8. Berry signed the Certificate of Incorporation for A.I.D. Medical Foundation on March 22, 1983.
9. I was the A.I.D. Medical Foundation's first Chairman of the Board. Dr. Sonnabend was its Chief of Research. Neither Berry no Hoffey were involved in the day-to-day operations of the Foundation. They were merely the attorneys selected by Dr. Sonnabend and myself to draw up the Foundation's incorporation papers.
10. On, or about June 20, 1983, the name of the Foundation was changed to A.I.D.S. Medical Foundation. I was listed as its Chairman and Berry as its Secretary. The Foundation's address on the Proposed Certificate of Amendment was listed as AIDS Medical Foundation, 1340 Murray Hill Station, New York, New York 10156.
11. Eventually, Dr. Sonnabend and I had to fire Hoffey because his alcoholism negatively affected the operations of A.I.D.S. Medical Foundation. (Two or three years after the Foundation was formed, Hoffey died of A.I.D.S.)
12. After Hoffey was fired, Berry unsuccessfully attempted to oust me from my position as Chairman of the Board of the Foundation and to oust Dr. Sonnabend from his position as Chief of Research. What began as a friendly relationship between Berry and I quickly turned very ugly. Berry became very obnoxious and aggressive towards me. Berry acted very nervous at times and even threatened me. Berry thourght he could push me around and treated me without respect.
13. I discussed the matter with my husband, Arthur B. Krim. Arthur, before he passed away, was an attorney and a partner in the New York City law firm of Phillips, Nizer, Benjamin, Krim and Ballon. I recall I brought in a senior partner of the firm, Eugene Kline, to straighten out Berry. The matter resolved when I asked Berry for and received his resignation.
14. On September 21, 1985 the AIDS Medical Foundation come to an agreement with the National Foundation for AIDS Research to unify opeations under the name of the American Foundation for AIDS Research (AmFAR). I have served as Chairman of the Board of AmFAR since 1991.
15. Graham Berry has never been involved in AmFAR at anytime. Any assertions of insinuations that he has are simply not true.
16. I recall on one occasion Graham Berry introduced me to Andrew Crispo, a New York City art dealer. I felt that Crispo was an unsavory character. It was later alleged by the press that Crispo was involved in a brutal sadistic murder of a homosexual fashion model.
The previous statements are true and correct and to the best of my knowledge. Signed under the penalty of perjury of the laws of the State of New York and the laws of the United States of America this 4th day of February 1997 in New York City, New York.
(Signed)
MATHILDE KRIM, PH.D.
Graham E. Berry One Wilshire Boulevard, Suite 2000 Los Angeles, CA 90017 April 25, 1997 Dr. Mathilde Krim 33 East 69th Street New York, New York 10021 Re: Potential Claim of Graham E, Berry v. Mathilde Krim, and Others Dear Dr. Krim: I am engaged in the defense of individuals and entities against the Church of Scientology. In the entire United States, there are only a handful of attorneys willing to litigate against this Cult. It is fair to say I am the number one attorney in this field and that I am one of Scientology's major enemies -- or suppressive persons as they call opponents. One of my current clients is Factnet, a non-profit electronic archive of cult-related information. It was raided by Scientology as part of a campaign to suppress negative information about Scientology. Attached hereto as Exhibit A is a copy of several downloads from a news group site on the Internet. It purports to be a declaration, or part of a declaration, executed by you. The third page indicates that this particular declaration is available on a number of different sites on the Internet. The fourth page, is a transmittal page that is self-explanatory. The letters DA refer to a Scientology "Dead Agent Pak." The letters OSA refer to the Church of Scientology International's Office of Special Affairs (its investigation, intelligent and harassment unit). RTC-Celeb Ctr refers to Religious Technology Center-Celebrity Center (or Scientology Celebrity Center). Mike Rinder is part of the Church of Scientology's intelligence and intimidation operations. The private investigator, Eugene Ingram, retained by the Scientology law firm of Moxon and Bartilson, reports to Mike Rinder. The other pages, a second transmission, are also self-explanatory. As you can tell, your declaration against me is causing some international discussion. Attached hereto as Exhibit B are copies of several newspaper articles indicating and referencing Scientology's harassment of me, through private investigators, for having the temerity to defend people that they sue as part of their "fair game" policy. That permits critics of Scientology, and lawyers representing them, "to be lied to, tricked or otherwise destroyed by any means." Attached hereto as Exhibit C is a copy of part of an evolving declaration (without exhibits) in connection with some of the harassment I have been receiving from the Scientology Organization. You will see, at paragraph 69 on page 34, a reference to a visit you received from Eugene Ingram on or about May 12, 1994. On that occasion, you and your late husband had refused to meet with Mr. Ingram. Again, at paragraph 183 on page 83, you will see another reference to Eugene Ingram paying a visit to you. This time, I was surprised that you had cooperated with Mr. Ingram. Attached hereto as Exhibit D are newspaper articles regarding Mr. Ingram and a copy of an outstanding warrant for his arrest for impersonating a police officer in the course of gathering the sort of perjured declarations that are his specialty. Attached hereto as Exhibit E is a download of a web-site version of a recent German T.V. documentary on Scientology. The German television corporation has just retained me to assist in its defense against the Scientology Organization. Attached hereto as Exhibit F is a copy of several media articles on Scientology. Attached as Exhibit G are copies of pertinent portions of extracts of a 17-page deposition which dealt, among other things, with some of Mr. Ingram's activities on behalf of the Church of Scientology. Attached hereto a Exhibit H is a photocopy of certain pages from the brochure of the 110 lawyer firm of Musick, Peeler & Garrett LLP where I am an equity partner, and of my resume. Attached hereto as Exhibit I is a copy of the steering committee list for the four-day Labor Day L.A. event which raises significant monies for distribution among various AIDS related organizations. In addition, I am heavily involved in raising money for the Democratic Party on a local and national level, supporting particular political candidates and working with other charities. Accordingly, the declaration you have signed for Mr. Ingram, and the use to which the Scientology Organization is putting it, is causing me great damage and anguish. Attached hereto as Exhibit J is a copy of a fund raising appeal by Factnet, in connection with one of the cases I am currently handling against the Scientology Organization. Turning now to your declaration attached hereto as Exhibit 1, as numerous other people can testify, including several who are still members of the Amfar Board of Directors, AIDS Medical Foundation was originally operated out of the first and basement floor levels of apartment/office at 10 E. 13th Street. Indeed, for the first 12 months of its existence, Foundation staff (such as Bob Mehl) also worked out of my office/apartment. Moreover, I served on the Board with fund raising responsibilities and devoted many hundreds, probably thousands, of hours to the organization. I am surprised that you seem to have forgotten the dozens of dinner meetings I attended at your town house, the meetings you attended at my apartment, and those at the Foundation's offices in one of the Helmsley buildings. When I resigned, you personally signed a letter of appreciation. I never attempted to "oust" you from your position "as chairman of the board of the Foundation" and I never attempted "to oust Dr. Sonnabend from his position as Chief of Research." If you think carefully about it, the dispute between us related to whether the Foundation would endorse Dr. Sonnabend's multi-factorial theory, the emerging single virus theory or assume a neutral open-minded scientific stance until the various theories produced conclusive scientific results. You may recall your late husband having a discussion between us and saying that the Foundation could have only one leader -- either you or me, but not both. That was not an ouster attempt. That was a disagreement as to direction. In addition, I categorically deny being "very obnoxious towards" you. I have never "threatened" you. I do not know what you mean by acting "very nervous at times," and I never thought I "could push [you] around" and I always "treated [you] with respect." There are numerous witnesses who can testify in my support on these matters. Moreover, I do not recall ever meeting a Eugene Kline, let alone being "straightened out" by him. I have never claimed, insinuated, or otherwise suggested that I was involved with Amfar -- only its predecessor. I categorically deny I ever introduced you to Andrew Crispo. I have never met Andrew Crispo, that I recall. I did not attend the Lowell Nesbit fund raiser. I particularly resent your false statement in this regard because Eugene Ingram has been trying to link me to the horrible murder of that model. I never met him either, and I never met the convicted murderer, despite a declaration to the contrary that Eugene Ingram obtained from the convicted murderer in jail. Clearly, as they did with Michael Flynn and Paulette Cooper, the Cult is tying to set me up as a second gunman, and with your assistance. The contents of your declaration, which you have made under penalty of perjury, and the uses to which it is being put by operatives of the Scientology Organization, are causing me great personal distress, personal damage and professional damage. For the moment, I am prepared to give you the benefit of the doubt, and to recognize that you may have been mislead by Eugene Ingram into executing a declaration which was prepared by him for your signature. Mr. Ingram can be very artful and convincing in that regard. If that is the case, I demand a full retraction from you, a copy of any documents Mr. Ingram provided you, and a declaration from you as to exactly what occurred between you and Mr. Ingram, and a copy of what was executed as a result. In addition, I would request you make a very substantial donation to the Factnet defense fund (Exhibit J) and actively assist us to find others to do the same. Furthermore, the contents of the retraction, declaration and exhibits will need to be totally truthful, totally candid and approved by me. I also point out that a writer for a major New York magazine has contacted me in connection with doing a article on the outrage of you being co-opted to assist Scientology as part of its massive attack on an attorney defending victims of the cult. Indeed, it is a total irony for you to permit your good name to be used by an organization which is the antithesis of much of what you and your late husband stood for and worked for. Contrary to the contents of your declaration sworn under penalty of perjury, I have always shown you great respect and deference. For nearly two years I tirelessly devoted enormous amounts of time and resources to AMFAR partly out of respect for you, what you had achieved for interferon research and what you could, and now have, achieved for AIDS research. Reciprocating by doing what you have done to me, through Mr. Ingram, pains me greatly. You ignore this letter, and my eminently reasonable requests, at your peril. Your failure to immediately honor my requests will be interpreted as indicating that your involvement with Mr. Ingram, and the execution of your declaration, was not as innocent and mistaken as I am currently willing to accept and I will then proceed with the institution of an action for damages for defamation. Since your declaration has been broadcast on the Internet, and made available around the world, on the most popular of Internet news groups, you are subject to jurisdiction in a number of states and countries and, in all the circumstances, my damages claim will be considerable. Under the circumstances, a jury will see you as aligning with, and joining with, the Church of Scientology in an effort to destroy an attorney representing the victims of the Cult. To the best of my knowledge, the Scientology Organization has never won a jury trial. Moreover, it has never won a defamation case. Indeed, several years ago, over $1 million in damages were awarded against it for trying to destroy a Canadian lawyer with defamatory statements. I do hope, and trust, that this matter can be resolved as suggested, and that you will become an active angel and fund raiser for Factnet. I believe that is a more socially beneficial result to this than the prospect of litigation. Thank you for your courtesy and cooperation. Very truly yours, [signed] Graham E. Berry