CAN Records Now Under Illinois State Court Protective Order 


On September 4, Judge Michael J. Hogan issued a protective order 
concerning files and records of the Cult Awareness Network. This order 
prevents the files and records from being sold or destroyed while CAN 
remains a defendant in a civil case before Judge Hogan's court.
CAN, its president, William R. Rehling, and its executive 
director, Cynthia Kisser, were named by Landmark Education Corporation
in a civil suit brought by in the Circuit Court of Cook County, 
Illinois (Case 94 L 11478).  The suit seeks $40 million dollars in 
damages for "acts" it alleges harmed the reputation of Landmark 
Education Corporation and caused it financial harm.

In late June, CAN filed for Chapter 7 Bankruptcy in the United States 
Bankruptcy Court for the Northern District of Illinois (Case 95 B 
22133), and all of its assets (including its files and records) are 
currently under the control of a trustee.  The trustee, Philip 
Martino of the Chicago law firm of Rudnick & Wolfe, was elected in 
late July by CAN's largest creditor, Jason Scott, despite objections 
by other creditors of CAN.  In late August the Bankruptcy Court, 
having reviewed the objections, appointed Martino the trustee.
Scott's attorney, Kendrick Moxon, a member of and attorney for the Church
of Scientology, filed a motion recently asking the court to sell all 
of CAN's files.  Moxon claims to represent an "unidentified purchaser"
willing to pay untold thousands of dollars for CAN's records and files.

Judge Hogan's order states, "Furthermore, any and all documents, including
but not limited to, all papers, electronic media, computer hardware and
software, in the possession or control of Defendant Cult Awareness
Network, Inc., its attorneys, agents and successors, which have been the
subject of discovery requests in this case or may otherwise become the
subject of a future discovery request in this case, shall not be transferred, 
sold or destroyed without prior order of this court."

It is likely that the sale or disposal of CAN's files will become 
an issue of controversy in the Bankruptcy Court should Moxon or 
"other parties" continue to press to acquire CAN files. This in spite 
of restrictions placed on such a sale because of Judge Hogan's order.