VI. Government Documents

A. Legal Records

The Unification Church has been embroiled in near constant litigation since 1975. Though costly and time-consuming, several decisions, won on appeal, have gained the Church gradual recognition as a bona fide religion with tax exemption privileges, public solicitation rights and access to missionary visas. In addition, the Unification Church has been able to extend constitutional protections to its members, successfully press for action against deprogrammers and combat inappropriately applied conservatorship statutes. To a certain degree, these organizational gains have been overshadowed by Rev. Moon's conviction on tax evasion charges in 1982. Nonetheless, it is important to examine that case in light of unambiguous court affirmations of the Unification Church's legal and religious status.

United States v. Sun Myung Moon [1800] involved 1.7 million dollars deposited in two accounts with Chase Manhattan Bank between 197376 and fifty-thousand dollars worth of stock held in a Unification Church-related import firm. Although Rev. Moon's personal tax liability (using government figures) amounted to only $7,300 plus interest, prosecutors successfully pressed criminal conspiracy charges based on back-dated documents submitted by the Church to account for those funds. Defense lawyers contended that Rev. Moon held these assets beneficially as a trustee for the Church and had no tax liability. They further cited selective prosecution, refusal of Rev. Moon's request for a bench trial and improper jury instruction as sufficient cause to overturn the decision. Despite broad support from the American religious community [1790], these objections were denied on appeal.

As stated, it is important to view Reverend Moon's 1982 case in the context of other court rulings. For example, in that same year, rights of the Unification Church and its members were upheld by federal and state courts in six separate decisions. In Ward v. Conner [1802], the U.S. Supreme Court upheld on appeal a lower court decision allowing a Church member to bring suit against deprogrammers, arguing that Unification Church adherents are entitled to the same civil rights protection which the law grants to racial minorities. In Larson v. Valente [1779], the U.S. Supreme Court struck down a Minnesota law which discriminated against Unification Church solicitation practices while not affecting established denominations. Similarly, by unanimously overturning lower court decisions which had refused to recognize the Unification Church's religious purposes, the New York Court of Appeals in HSA-UWC v. Tax Commission of t:'~w York City [1772] held as a matter of law that the Unification Church was a bonafide religion. In In Re: HSA-UWC, Reverend Sun Myung Moon and Anthony Colombrito [1776] and Eden v. Reverend Sun Myung Moon, HSA-UWC et al. [1756], the Unification Church won rulings against subpoenaed testimony on religious beliefs and against a damage suit brought by a former member on the grounds of alleged "mind control." Finally, after several years of struggle, Unification Church, Nikkuni, et al v. INS [1799] recognized the right of foreign members of the Unification Church to enter the country as missionaries on the same basis as members of other churches. Reference earlier was made to Katz v. Superior Court [1778] which, in effect, outlawed conservatorship proceedings as a method for extricating adherents from the Unification Church and other groups.

1746. Alexander v. Unification Church of America, 634 F.2d 673 (2d Cir. 1980).

1747. Aman v. Handler, 653 F.2d 41 (1st Cir. 1981).

1748. Augenti v. Cappellini, 84 F.R.D. 73 (M.D. Pa. 1979).

1749. Baer v. Baer, 450 F. Supp. 481 (N.D. Cal. 1978).

1750. Cherris v. Amundson, 460 F. Supp 326 (E.D. La. 1978).

1751. Chestnut v. St. Louis County, 656 F.2d 343 (8th Cir. 1981), aff g in part and rev'g in part 495 F. Supp. 120 (E.D. Mo. 1980).

1752. Colombrito v. Kelly, 764 F.2d 122 (2d. Cir. 1985).

1753. Conlon v. City of North Kansas City, 530 F. Supp. 985 (W.D. Mo. 1981). 1754.

Cooper v. Molko, 512 F. Supp. 563 (N.D. Cal. 1981).

1755. Dixon v. Mack, 507 F. Supp. 345 (S.D.N.Y. 1980).

1756. Eden v. Reverend Sun Myung Moon, HSA-UWC et al, Michigan, Wayne County Circuit Court, No. 77-736-880 NO, Dec. 3, 1982.

1757. Erskine v. West Palm Beach, 473 F. Supp. 48 (S.D. Fla. 1979).

1758. Evans v. Fullard, 444 F. Supp. 1334 (E.D. Tenn. 1978).

1759. Greene v. Sinclair, 491 F. Supp. 19 (W.D. Mich 1980).

1760. Hall v. McNamara, 456 F. Supp. 245 (N.D. Cal. 1978).

1761. Harnett v. Schmidt, 501 F. Supp. 1024 (N.D. Ill. 1980).

1762. Hayashi v. INS, U.S. District Court (C.D. Cal.) No CV 83-0299WJR (0) Sept. 28, 1984.

1763. Heritage Village Church and Missionary Fellowship v. State of North Carolina, 299 N.C. 399, 263 S.E. 2d 726 (1980), affg 40 N.C. App. 429,253 S.E.2d 473 (1979).

1764. HSA-UWC v. Alley, 460 F. Supp. 346 (N.D. Tex. 1978), vac'd mem., 604 F.2d 669 (5th Cir. 1979).

1765. HSA-UWC v. CIA, 636 F.2d 838 (D.C. Cir. 1980), vac'd as moot, 50 U.S.L.W. 3715 (U.S. March 9, 1982) (No 81-1098).

1766. HSA-UWC v. Caughley, 455 F. Supp. 1154 (M.D. Pa. 1978).

1767. HSA-UWC v. Harper and Row, Publishers, 101 Misc. 2d 30, 420 N.Y.S.2d. 56 (Sup. Ct. 1979).

1768. HSA-UWC v. Hodge, 582 F. Supp. 592 (N.D. Tex. 1984).

1769. HSA-UWC v. Michigan Department of Treasury, 131 Mich App 743 (1984).

1770. HSA-UWC v. Peterson, 489 F. Supp. 428 (N.D. Ill. 1979).

1771. HSA-UWC v. Sequoia Elseveier Publishing Co., 4 Media L. Rep. 1744 (Sup. Ct. 1978), adhered to on motion for reargument, 4 Media L.Rep.2311 (Sup. Ct. 1979).

1772. HSA-UWC v. Tax Commission of New York City, 59 N.Y.2d 512, 435 N.E.2d 662, 450 N.Y.S.2d 292 (1982), rev'g 81 A.D.2d 64, 438 N.Y.S. 2d 521 (1981), prior opinion remaining for plenary hearing, 62 A.D.2d. 188,404 N.Y.S.2d 93, leave to appeal denied, 45 N.Y.2d 706, N.E.2d, 408 N.y'S.2d 1025 (1978).

1773. HSA-UWC v. Town of New Castle, 480 F. Supp. 1212 (S.D.N.Y. 1979).

1774. HSA-UWC v. United States Department of State, 525 F. Supp. 1022 (S.D.N.Y. 1981).

1775. In Re Helander v. Patrick, Superior Court, Fairfield County (Conn.) No. 195062, Sept. 8, 1976.

1776. In Re HSA-UWC, Reverend Sun Myung Moon and Anthony Colombrito, United States Court of Appeals for the Second Circuit, Docket No. 82-3035, M16 28, 1982.

1777. International Oceanic Enterprises v. Menton, 614 F.2d 502 (5th Cir. 1980).

1778. Katz v. Superior Court (people). 73 Cal. App. 3d 952, 141 Cal. Rptr. 234 (1977).

1779. Larson v. Valente, 102 S. Ct. 1673 (1982), affg 637 F.2d 562 (8th Cir. 1981).

1780. Levers v. City of Tullahoma, 446 F. Supp. 884 (E.D. Tenn. 1978).

1781. Lewis v. Holy Spirit Association for the Unification of World Christianity, 589 F. Supp. 10 (D. Mass. 1983).

1782. Love v. Mayor, City of Cheyenne, 620 F.2d 235 (10th Cir. 1980); id., 448 F. Supp. 128 (D. Wyo. 1978).

1783. McMurdie v. Doutt, 468 F. Supp. 766 (N.D. Ohio 1979).

1784. New Education Development Systems, Inc. v. Boitano, 573 F. Supp. 594 (N.D. Cal. 1983).

1785. New York ex reI Larson v. HSA-UWC, 464 F. Supp. 196 (S.D.N.Y. 1979).

1786. Pearson v. U.S. Postal Service, U.S. District Court, (C.D. Cal.) No. CV 82-651O-ER (BX) Oct. 24, 1983.

1787. Poe v. City of Humble, 554 F. Supp. 233 (S.D. Tex. 1983).

1788. People v. Wood, 93n Misc. 2d 726, 402 N.Y.S.2d 726 (Justice Ct. 1978).

1789. Rankin v. Howard, 633 F.2d 844 (9th Cir. 1980), rev'g in part 457 F. Supp. 70 (D. Ariz. 1978), cert. denied sub nom. Zeller v. Rankin, 101 S. Ct 2020 (1981); id., 527 F. Supp. 976 (D. Ariz. 1981).

1790. Richardson, Herbert, ed. Constitutional Issues in the Case of Rev. Moon: Amicus Briefs Submitted to the United States Supreme Court. New York: Edwin Mellen, 1984. 699 pp.

1791. Risedorfv. Commanding Officer, 508 F. Supp. 145 (E.D. Pa. 1981).

1792. Schuppin v. Unification Church, 435 F. Supp. 603 (D. Vt. 1977).

1793. Smith v. City of Manchester, 460 F. Supp. 30 (E.D. Tenn. 1978).

1794. Swearson v. Meyers, 455 F. Supp. 88 (D. Kan. 1978).

1795. Stlte v. Metropolitan Government, 493 F. Supp. 313 (M.D. Tenn. 1980).

1796. Troyer v. Town of Babylon, 483 F. Supp. 1135 (E.D.N.Y.), affd memo sub nom. Troyer v. Town of Southampton, 628 F.2d 1346 (2d Cir.), affd mem., 449 U.S. 988, 101 S. ct. 522 (1980).

1797. Turner v. Unification Church, 602 F.2d 458 (lst Cir. 1979), affg per curiam 473 F. Supp. 367 (D.R.T. 1978).

1798. Unification Church v. Attorney General of the United States, 581 F.2d 870 (D.C. Cir.), Cert. denied sub nom. Unification Church v. Bell, 439 U.S. 828,99 S. Ct. 102 (1978).

1799. Unification Church, Nikkuni, et al v.INS, 547 F. Supp. 623 (D.D.C. 1982).

1800. United States v. Sun Myung Moon, 93 F.R.D. 558 (S.D.N.Y. 1982); id., 532 F. Supp 1360 (S.D.N.Y. 1982).

1801. Walker v. Wegner, 624 F.2d 60 (8th Cir. 1980), affg 477 F. Supp. 648 (D.s.D. 1979), attorney's fees awarded, 535 F. Supp. 415 (D.S.D. 1982).

1802. Ward v. Connor, 657 F.2d 45 (4th Cir. 1981), Rev'g in part 495 F. Supp. 434 (E.D.Va. 1980), cert. denied sub nom. Mandelkorn v. Ward, 102 S. Ct. 1253 (1983).

1803. Weiss v. Patrick, 453 F. Supp. 717 (D.R.I.), affd mem., 588 F.2d 818 (lst Cir. 1978), cert. denied, 442 U.S. 929, 99 S. Ct. 2858 (1979).

1804. Weissman v. City of Alamogordo, 472 F. Supp. 425 (D.N.M. 1979).

1805. Westfall v. Board of Commissioners, 477 F. Supp. 862 (N.D. Ga. 179).

B. Hearings, Legislation, Reports

Unlike legal rulings which, on the whole, have vindicated Unification Church claims, legislative hearings, proposed legislation and investigative reports have linked the Church to alleged abuses in the areas of recruitment, fundraising, child care and political lobbying. These hearings, proposed laws and reports, however, have been non-substantive. That is, they have led neither to actual laws nor to further investigations. In this respect, legislative hearings and investigative reports shed no more light on the Unification Church per se than on the social milieu within which it operated. This is true even of the U'S government's Investigation of Korean-American Relations [1825] which, while more thorough its treatment of the Unification Church, nonetheless reflected an effort to protect government interests during the so-called "Koreagate" scandal of 1976-78.

The most important legislative hearings related to the Unification Church were two a:1 hoc meetings convened by Senator Robert Dole (R-Kansas) in 1976 and 1979; five days of testimony heard by the Vermont Senate Committee for the Investigation of Alleged Deceptive, Fraudulent and Criminal Practices of Various Organizations in the State in 1976; and a legislative inquiry conducted by the New York State Assembly Committee on Child Care in 1979 [1807, 1826, 1819]. None of these hearings led to subsequent legislation. They did, however, highlight significant levels of strain between the Unification Church and major sectors of the American public. Robert Dole's initial hearing, for example, was said to have been prompted by a petition signed by 14,000 Kansas residents. His second hearing and that of the New York Assembly Child Care Committee resulted from pressures to link the Unification Church and other groups to the People's Temple. During the late seventies and early eighties, several states proposed legislation designed to hinder Unification Church recruitment and to facilitate removal of members by guardianship statutes. Only one such law passed--in New York, and this legislation was vetoed by then Governor Hugh Carey [1806].

More substantive than any of the above-listed hearings or legislation was the United States House of Representatives Subcommittee on International Organizations' Investigation of Korean-American Relations [1825]. Funded, in part, to uncover details of alleged Korean influence buying during the early seventies, the committee took pains to investigate and highlight possible connections between Unification Church officials and "Koreagate." Though concluding that "the Moon organization was not an agent of influence for the ROK government so much as it was a volatile factor in Korean American relations," the committee, chaired by Donald M. Fraser (D Minnesota), alleged systematic Unification Church improprieties and recommended "combining investigative activities related to the Moon Organization into an interagency task force" (389-390). This recommendation, however, was not acted upon. See Our Response [492] for the Unification Church reaction.

1806. Carey, Hugh. "Return (Disapproval) Assembly Bill #11122-A, An Act to Amend the Mental Hygiene Law in Relation to Temporary Conservator." Albany, N.Y.: 1980. 8 pp.

1807. CEFM (National Ad Hoc Committee Engaged in Freeing Minds). A Special Report. The Unification Church: Its Activities and Practices. 2 vols. [transcript of informal hearings]. Arlington, Tx.: National Ad Hoc Committee, 1976. 121 pp.

1808. Connecticut, State of. "An Act Concerning Conservatorship (Temporary Guardians)." (Substitute Senate Bill 1429 File #649, Committee on Judiciary.) Hartford, Conn.: General Assembly, 1981. 6 pp.

1809. __. "An Act Concerning Establishment of a Commission to Investigate Activities in Connecticut of the Rev. Sun Myung Moon and the Unification Church of America." (Proposed Bill No. 7337, Referred to the Committee on General Law.) Hartford, Conn.: Connecticut General Assembly, 1980. 1 p.

1810. Hill, Daniel G. Study of Mind Development Groups, Sects and Cults in Ontario: A Report to the Ontario Government. Toronto, Canada: Office of the Special Advisor, 1980. 773 pp.

1811. Illinois, State of. Transcript of Hearings to Consider Cult Activities in the State of Illinois. Conducted by State Representative Betty Hoxsey. Springfield, Ill.: Illinois House of Representatives, 1979. 135 pp.

1812. Lee, Jai Hyon. "The Activities of the Korean Central Intelligence Agency in the United States." In Science, Sin, and Sponsorship: The Politics of Reverend Moon and the Unification Church (item 1567), pp. 120-47. Reprinted from testimony before the Subcommittee on International Organizations of the Committee on International Relations, the United States House of Representatives, September, 1976.

1813. Maryland, State of. A House Joint Resolution Concerning Cults in Maryland. (House Joint Resolution No. 67) Annapolis, Md.: House, 1981. 2 pp.

1814. Massachusetts, State of. Transcript of Commonwealth of Massachusetts Public Hearing. Reprint. Lexington, Mass.: American Family Foundation, 1979. 83 pp.

1815. Minnesota State of. "A Bill for an Act Relating to Civil Actions; Authorizing Converts to Organizations Promising Religious of Philosophical Self-Fulfillment to Maintain Actions for Damages: Authorizing Family Members of Converts to Organizations Promising Religious or Philosophical Self-fulfillment to Maintain Actions for Damages, Proposing New Law Coded as Minnesota Statutes, Chapter 608. St. Paul, Minn.: Legislature of the State of. Minnesota, 1981. 2 pp.

1816. __. "Charitable Funds--Regulation of Solicitation." (Section 20950, Subdivision 10 of Minnesota Statues 1976. Amendment of Chapter 601 [RF. No. 1248]) St Paul, Minn.: 70 Minnesota Legislature, 1978. 12 pp.

1817. New York, State of. "An Act to Amend the Mental Hygiene Law, in Relation to the Appointment of Temporary Guardians." (Article 80) Albany, N.Y.: New York State Assembly, 1981. 13 pp.

1818. __. "An Act to Amend the Mental Hygiene Law, in Relation to Temporary Conservator." (proposed Article #11122-A.) Albany, N.Y.: New York State Assembly, 1980. 4 pp.

1819. __. Transcript of Public Hearing on Treatment of Children by Cults. Albany, N.Y.: The State Assembly of New York, 1979. Reprinted by the American Family Foundation, Lexington, Mass., 1979. 678 pp.

1820. __. Recommendation of the New York State Regents' Committee to Review Application of Unification Theological Seminary for State Charter. Albany, N.Y.: New York State Board of Regents, 1978. 6 pp.

1821. __. "Promoting a Pseudo-Religious Cult." (Proposed Bill AB 9566-A, Section 240.46.) Albany, N.Y.: New York State Assembly, 1977. 1 p.

1822. Pennsylvania, State of. "Creating a Temporary Study Commission to Study Groups Which Seek to Unduly Exert Control over Children and Youth." (House Bill No. 406.) Harrisburg, Pa.: General Assembly of Pennsylvania, 1981. 4 pp.

1823. Texas, State of. Senate Resolution No. 485. Austin, Tx.: Senate Committee on State Affairs, 1979. 2 pp.

1824. ___. House Resolution No. 35. Austin, Tx.: House of Representatives' Committee on Criminal Jurisprudence, 1977. 3 pp.

1825. United States Government. Investigation of Korean-American Relations. Report of the Subcommittee on International Organizations of the Committee on International Relations, United States House of Representatives. Washington, D.C.: U.S. Government Printing Office, 1978.

1826. Vermont, State of. Report of the Senate Committee for the Investigation of Alleged Deceptive, Fraudulent and Criminal Practices of Various Organizations in the State. Montpelier, Vt.: Vermont Senate, 1977.