For whom does Bert Fields work?


Greenberg Glusker Fields Claman & Machtinger LLP

August 26, 2009

Marty Rathbun

Dear Marty:

I am out of the country on a family vacation, but I did want to respond to your letter.

As I think you know, I represent Tom Cruise, not David Miscavige or the Church of Scientology. My letter to you was soley to protect Tom’s rights, not to deal with whatever issues you may have with Mr. Miscavige or the Church.

So far as Tom is concerned, I will repeat what I said before. It is neither appropriate nor lawful for you to refer to yourself online, in the media or elsewhere as Tom’s auditor. I would like to avoid taking action over this, so please stop.

I am not going to respond to your accusations about David Miscavige. Personally, I have never seen him even hint of the behavior you attribute to him. Our conversations have always been civil and respectful. He does appear to be a strong champion of the Church and its values. But that is not only his job, it is his life.

I know from what Mike Rinder has said that Mr. Miscavige, in effect, saved the Church when he cleaned house in the 80’s.

In any event, whatever your issues may be, I hope you can solve them.


Bertram Fields

43 responses to “For whom does Bert Fields work?

  1. The myth of scavige.

  2. “It is neither appropriate nor lawful for you to refer to yourself online, in the media or elsewhere as Tom’s auditor.” Does he think you are talking as if you are his auditor in the present tense? Does he even know what a scientology auditor is?, lol. I’d doubt he will follow up on this threat because the whole issue of auditor confidentiality is a non issue.

    ps: It’s odd that this new thread is shown as having been posted on Sept 1 2009 when, I am on the East Coast and the day is August 31, 2009 at 10:50pm. That means it would be even earlier at Central time for Texas.

    Jim Logan, your reply shows Sept 1 2009 1:28 am. Are you posting for Marty?

  3. Umm.. my post is showing Sept 1 2009 2:52 am.

    The time zone for this blog is off by 7 hrs Central Time Zone. I am on the East Coast USA and the day is August 31, 2009 at 10:54 pm EST
    What’s up with that?

  4. Hey Bertram,

    Seems like you are not going to give Tom the letter. You fail.

  5. Wow, Tom Cruise’s lawyer hasn’t seen personally seen Mr Miscavige bashing anyone. This is top stuff, Bert.

  6. What arrogance! There is no law broken by acknowledging that you were Tom Cruise’s Auditor. It’s a fact and no amount of lawyer letters will change that.

  7. Who is he working for? Like as if that wasn’t the rhetorical question of the century, so far.

    Funny how he claims to know so little yet seems to be so effusive about Miscavige.

    Maybe he’s been run on an extended version of the TRD which included Pain Drugs and Hypnosis.

    Who knows but his line:

    “He does appear to be a strong champion of the Church and its values. But that is not only his job, it is his life.”

    Reminds me of the Manchurian Candidate and also what Times said about Hitler when they made him man of the year and claimed he was responsible for an economic miracle.

    What I love is the following line:

    “I know from what Mike Rinder has said that Mr. Miscavige, in effect, saved the Church when he cleaned house in the 80’s.”

    Mike certainly isn’t saying that now and “saved” isn’t exactly the word I’d use.

    Any way as my esteemed associate Mr. Logan alluded. His name should really be David Mythcavige.

  8. Bert Fields does not have clean hands. He used shady private investigator Anthony Pellicano, see story below


    The New Yorker’s Funny Anthony Pellicano Story

    I know. I know. The news is bleak. War in the Middle East. Iraq is terrible. Global warming. Bush is vetoing stem-cell research. I finally found some humor. The current New Yorker had Ken Auletta’s piece about Anthony Pellicano, or more specifically Bert Field and Michael Ovitz who are under a cloud in the scandal in which Anthony Pellicano was indicted, along with six associates, on charges that include wiretapping, racketeering, bribery and perjury. Anthony is a thug.

    I confess that I’m an extremely minor footnote to this story, having been named as one of the numerous people whose backgrounds were illegally checked or phones were tapped. In my case, it came after Anita Busch and I were writing stories about the business failures of Michael Ovitz. I spoke to Ken Auletta while he was reporting his article. But I don’t think I told him too many jokes.

    But the article isreally funny. For one thing, we have a portrait of Bert Fields, the toughest litigator in Hollywood for decades, a man who has represented Rupert Mudoch, Tom Cruise, David Geffen, Jeffrey Katzenberg,Madonna. Clearly Fields gets the job done. He has employed the disreputable Pellicano since 1989. That’s a long time. In 1993, afront-page story in the Los Angeles Times exposed Pellicano’s alleged mob links in Illinois and the way he physically intimidated people. Yet Fields, whos claims he never lost a case in his life and has a steel-trap mind, told Auletta that “I’m not sure I read it.”

    Yet Fields and Ovitz are such pussycats here. They are shocked, shocked that their friend Anthony would have done all those terrible things that the prosecutors said he did. They had no idea that Anthony was a bad guy. And they are being victimized. Susan Estrich, a Fields loyalist, goes so far as to say that the Bush Administration may be going after Fields. What?

    In the meantime we have a portrait of Fields being chauffered in his Bentley to his home in Malibu from Century City to prepare a salad and take a 20-minute nap for what the Japanese call “wa time,” or peacefulness or spirit, before returning to his office to behave, as one Fields client told Auletta, like “a prick.”


  9. “It is neither appropriate nor lawful for you to refer to yourself online, in the media or elsewhere as Tom’s auditor.”

    I’d love to know what law is being broken by that?

  10. He has obviously admitted you did in fact audit Tom Cruise otherwise he would be threatening a defamation suit, not a cause of action for invasion of privacy. I would ask for a specific citation of the common law precedents and statutory authority he relies upon.

    I don’t quite understand the nature of his complaint. Tom Cruise is an avowed scientologist that has supposedly attested to OT VII. Unless the church has changed drastically, he would have had to have undergone hundreds or thousands of ‘auditing hours’. to get to that level. Someone had to have performed that service.

    Also, it appears that Mr. Fields is the one that is providing this with wide dissemination. You are not his client and anything he writes to you need not be held in confidence.

  11. LOL! This is a tacit admission that ol’ Bert the octogenarian isn’t going to do zip about anything. Tom Cruise thanked you for being his auditor in front of an audience at one point, right? If he can say it publicly, why can’t you?

    It wouldn’t be polite to quote his statement as if it were a testimonial, but you probably could get away with it if you wanted to be tacky.


    The easiest thing to do is to send the following reply:

    Mr. Bertram Fields, I first and foremost wish to comply with the law. I understand that you would like to get this matter resolved as soon as possible.

    To resolve this issue, I would like you to quote for me the specific laws I am in violation of. I will then forward these to my attorney for investigation. If the complaints are genuine, I will cease and desist.

    Marty Rathbun

    Of course, if you are violating laws, I’d advise you to stop, but the chances of that are nil. Lawyers typically press the advantage when they ahve it, quoting law and advising you to seek legal representation.

    In this case the “nice” factor is a dead giveaway that he’s got nothing to stand on and is in fact trying to bully you.

    I found this very interesting as well.

    So far as Tom is concerned, I will repeat what I said before. It is neither appropriate nor lawful for you to refer to yourself online, in the media or elsewhere as Tom’s auditor. I would like to avoid taking action over this, so please stop.

    The way this is read, it’s Tom who THINKS that it is neither appropriate nor lawful. Good thing for you that Tom doesn’t determine the law. 🙂

  13. Eldon:

    If you remember exactly when that was, I’m sure somebody can dig up and web it. That would be mighty handy for rebuttal.

    Michael A. Hobson

  14. Mary M,
    No I don’t post for Marty. I can’t account for the clocks that you refer to. I post from the East and Marty is in the West. That the twain meet and according to these clocks one event occurs before the other might be a validation of Einstein’s theories on time or a refutation or simply a computer error.

  15. This is a pitiful letter from Bert. But behind it, I can imagine that it involved hours and hours of heated, very heated, discussions among many people, and the simple mention by Marty that he audited TC is now cutting across Bert’s family vacation, probably much more than his mild letter might indicate. I’ve heard there’s a curse in Mexico, “May your life be filled with lawyers.” I wonder if this curse applies to lawyers, too.

  16. Bixbear (aka Jason Beghe)

    I was in the front row at AOLA when TC personally thanked Marty for delivering him his NOTS. I was on turnabout with TC as Marty’s other PC for over a month. I even coached TC through some meter drills on his OT VI. Am I now in some legal jepordy for having publicly stated this?

  17. 22. I promise never to use the secrets of a preclear divulged in
    session for punishment or personal gain.

    There is no violation.


  18. Patty Pieniadz

    LOL! Jason Beghe was there when TC thanks MR for delivering his NOTS!

    It just doesn’t get any better than that.

    DM’s got to be pulling out his (and others) hair at this point.

  19. Jason,

    Thanks for speaking up on this.

    I have a couple of questions, if you don’t mind:

    Did this event take place at a PAC Base graduation or at some special AOLA event only?

    Approximately how many people witnessed it, besides yourself?

    Are any of those now Outies that you know of who would back you up on this in court , if need be?

    IANAL, but it seems to me that for T.C. to sue Marty successfully, there has to be one or more credible “tort” (some sort of civil harm) claims that can be proven.

    Since T.C. first “published” (ie, announced this information in a public venue) the fact of Marty Rathbun having been his NOTS auditor himself, he cannot now claim any kind of harm from Marty publishing that fact, as well. It would appear that T.C. has given up his right to privacy on this particular piece of information, so where is the “tort” in Marty Rathbun repeating it ?

    Michael A. Hobson

  20. A video of this graduation speech by Tom Cruise was shown to the entire Int Base crew at the time, which I saw along with about 500 others. Marty was Tom’s auditor, who he thanked during this speech. There’s simply no question about that. And there are ample “witnesses” since Miscavige offloaded so many staff from the Int base since that time, who are willing to speak up and let the truth be told. How refreshing.

  21. Wasn’t it not to long after this that Tom started acting totally bugshit crazy? Marty, do you still think Scientology helps people? Or do you think that it helps to drive them bugshit crazy?

  22. Joe,
    I would imagine DM is running around bumping his forehead on the edge of tables. Ouch. That’s gotta hoit. Unless of course he’s had them all rebuilt so they are lower and he can’t hoit himself.

  23. martyrathbun09

    Check my first letter to Bert, older post. Prior to when the point I spoke of when DM got his talons into him, I found him to be a very decent guy.

  24. I agree Flur saying that you’ve audited someone is *not* a violation of the Auditors Code.

    When I worked in the Celebrity Center Special Unit there were Celebs who wanted to be discreet about their relationship with Scientology, but Tom Cruise is not one of those.

    I mean the guy wouldn’t shut up about it!

    Also as Jason pointed out Cruise made the statement of the fact that he was audited by Marty public.

    There is no way Bert Fields or any other lawyer is going to be able to walk that cat back into the bag.

    They are also up against Constitutional issues here. Namely the First Amendment.

    The only thing that is saving Cruise from Marty revealing his deepest darkest secrets is because of Marty’s integrity, that is all. Something the Organization under Miscavige didn’t reciprocate by turning Marty’s folders over to the St. Petersburg Times.

    So this letter is nothing but blatant hypocrisy couched in legalese.

    In fact Marty should be commended for not stooping as low as Miscavige has in this battle with the Church of Miscavigology.

  25. It would be handy if the video in which Tom Cruise thanked Marty Rathbun were to leak… *hint hint*

  26. “Cerridwen” in Alt.Religion.Scientology Jun 6, 2002:

    “Tom Cruise attested to OT 5 (audited NOTS) last week at the AOLA. He gave a talk to the crowd that assembled in the Atrium to hear his win. ”

    Marty left C of $ in Feb 2004.

    According to Scientology Lies web page on TC ( ):

    “According to International Scientology News Issue 29, published in late 2004, Cruise has completed OT VI and begun OT VII [ Solo NOTS ]”

    T.C. did his couch-jumping craziness on Oprah May 23, 2005.

    So it is highly probable that T.C. was still solo auditing on VII at the time he publicly wigged out.

    Therefore, your apparent insinuation that Marty Rathbun’s auditing drove T.C. nuts is fails.

    Michael A. Hobson

  27. That Marty Rathbun was Tom Cruise’s auditor is an historical fact. Stating an historical fact is not against the law. Bert Fields would have the burden of convincing a jury that Marty Rathbun profited financially from stating the historical fact that he audited Tom Cruise. Marty’s attorney would simply need to put David Miscavige on the stand to reiterate what he said in Freedom: Marty is broke and lives in hovel because he left CoS. The fact that the leader of the Scientology religion does not see Marty as having financially profited in any way from having audited Tom Cruise argues that Bert Fields has no case here. Indeed, Marty’s attorney could argue that Tom Cruise’s career was so badly damaged by CoS, and his rehabilitation in Hollywood so arduous, that he does not wish his name to be in any way associated with the odium of Scientology. I suggest this is what Mr. Fields is really saying: Marty, please! You’re breaking Tom’s balls here by reminding everyone about Xenu, and OT, and Hubbard! Please stop! Keep my client’s name out of your fight with Slappy Miscavige!


  28. Sorry for the momentary interuption!

    But I just had to post this:

    Notice the mascot on Miscavige’s left 🙂

  29. The person giving the most publicity to the Tom Cruise-Marty Rathbun connection is… Bert Fields!

    The connection wasn’t even mentioned on Marty’s blog until Fields brought it up. Now it’s all over the internet. As a direct result of Fields’ own letters.

    If Fields is really concerned for his client’s image, he should get Cruise to rapidly distance himself from Scientology’s abusive leader, David Miscavige.

  30. RJ..clicked the link a few times..says the page was removed.

  31. Hmmm,

    Yeah your right, Rebel Too

    Probably Bert “requested” (under threat of extraordinary rendition of the server owner) it pulled on behalf of the “strong champion of the Church” ” and its values ”

    What to do….what to d……


    Here’s one a bit dated but funny none the less:)

  32. When are you and other witnesses going to the feds to tell them about the “hole”?

  33. I don’t have the exact reference handy, but it was at some Scientology event where T.C. appeared, maybe at Saint Hill.

  34. OK, so that’s where I heard it. Thanks for clearing this up.

    No, I don’t think you’ll get in trouble, and I doubt Tom will deny it. Then again, maybe he’ll get all bent out of shape and accuse you of being on psych drugs. LOLOL!

  35. Q. What kind of lawyer, in writing a communication on behalf of his client, Tom Cruise, fills the letter with his own idle personal opinions on another party, namely David Miscavige?

    A. ???

  36. Let’s get this straight. He works with Pellicano, engaging in illegal wiretaps, but YOU cannot mention that you were TC’s auditor. There is a word in the language for this.

  37. Dear Bert,

    Thank you for the dutiful note.
    We know you think we are all out to lunch.
    But you admit to being on vacation.

  38. As with most lawyers – his job is to OBSCURE the truth……to conceal, rather than reveal.

    If one WAS Cruise’s auditor at one time, it CANNOT be illegal to mention it.

  39. Pingback: Tom Cruise’s Life Controlled by Sinister Cult | Moving On Up a Little Higher

  40. Pingback: Cruise Counsel Bert Fields Works For Scientology Inc. | Moving On Up a Little Higher

  41. Though I don’t agree with everything here in regards to the viability of L. Ron Hubbard’s philosophy or technology, interesting blog none-the-less. Of more importance is the effort to expose corruption. As part of the Hollywood underground (i.e. a celeb relative), the church antics are all well known from the entertainment insider perspective. David Miscavige often creeps up in conversation and is not unknown within the community. The appearance of Hollywood community denial is not an intentional avoidance but rather results from a normal standard of day-to-day privacy awareness whereby we are just so used to not talking publicly about our lives and our personal interaction with each other, whether it be trivial or non-trivial. More often it is not even about privacy but rather just us living our lives, as most people do, whereby the daily ins and outs are unknown on the outside in the same manner that your own daily lives remain unknown to us. Your toilet get clogged, as ours do too. You take family photos on a road trip, as we do also. Your child might fail a math exam in school, as do ours. The appearance of outward silence is no different than your own neighbors not knowing what you yourself discuss at the breakfast table. But without any doubt, topics like the Church of Scientology often comes up in conversation on our end. Our sub-culture gossip lines flourish with various knowns, and sometimes includes updates on peers and their involvement, non-involvement, or criticism of Scientology. The OSA harasses some of us too although slightly differently, perhaps more cautiously. I myself lost my dear older sister due to disconnection. I chose not to talk about it because other factors are present, including the privacy of her husband, her kids, and her in-laws. Church junk mail gets sent to a lot of our homes too. Fancy junk mail, I must add. And without any doubt the harms of the church and its leader comes up in personal chit chat with peers and friends. It was a EMI label staffer friend who emailed me your blog URL a few weeks ago. I recall one day a landscaper/gardener telling me his own experience with the church. And a few months ago a well known California rapper called me, specifically to vent his anger over some church issue that was eating away at him, since he knew my sister. We are aware, but perhaps stupidly silent to the outside due to silence being a normal part of personal life for us including peer self-protection. Without saying too much, there was a head’s up on my end regarding Kate and Tom a good month prior, via the underground gossip line. Scientology came up then. That was only internal gossip though; our family personally does not interact with theirs. Bertram’s wording is very precise. I won’t claim he knows greater truths, but I suspect it by default of his personal awareness and network base. He stated he has never “seen” a hint of Miscavige’s negative behavior. Well I have never personally “seen” Lindsay get drunk. Bertram’s comm with Miscavige has been “civil and respectful”. But my late-father did a gig once at a UK prison and those murders, rapists, etc were also “civil and respectful” to him. Bertram stated that Miscavige is a “strong champion of the Church and its values”. But what if those values are not the same values that L. Ron Hubbard created? Once again I am not implying anything, just suggesting that lawyers do know how to use precise wording if needed. He knows full well that Marty ‘was’ Tom’s auditor, and Tom knows that too. Marty is not currently Tom’s auditor. So I just wanted to remind you that although it appears the Hollywood community might be oblivious to the dangers and crimes of the Church of Scientology, it simply is not true. And in the news media there is an internal support/awareness that I have seen which is highly compassionate towards the victims of the church. It may not appear on air or in print as much as it can be, but the compassion does exist within the newsrooms, corridors, green rooms, and kitchen cafeterias of various news organizations. The Treason Assignment was very well written in my opinion. I have mixed feelings over the Hubbard technology, but Dani’s concerns are actually amazingly reflective of compassionate concern for the organization, the staff, and the public who comes to better their lives. I also learned that L. Ron Hubbard appeared to have similar concerns, based on all his quote that were presented in the document. Thank you for posting that.

  42. martyrathbun09

    And thank you for posting that.

  43. Very interesting!
    Thanks for posting.
    And good luck in the reconnection with your sister.

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