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IN	THE	UNITED	STATES	DISTRICT	COURT

FOR	THE	NORTHERN	DISTRICT	OF	INDIANA

1.	NATIONAL	ASSOCIATION	OF	FORENSIC	

COUNSELORS,	INC.,	a	Nevada	Non-Profit	

Corporation,	and	

2.	AMERICAN	ACADEMY	OF	CERTIFIED	

FORENSIC	COUNSELORS,	INC.,	d/b/a	

AMERICAN	COLLEGE	OF	CERTIFIED	

FORENSIC	COUNSELORS,	a	Nevada	ForProfit	Corporation,

Plaintiffs,

v.

1.	NARCONON	INTERNATIONAL,	a	

California	Non-Profit	Corporation;

2.	NARCONON	OF	GEORGIA,	INC.,	a	Georgia	

Non-Profit	Corporation;	

3.	FRIENDS	OF	NARCONON	INTL.,	a	

California	Non-Profit	Corporation;

4.	PREMAZON,	INC.,	a	California	

Corporation;

5.	NARCONON	SPRING	HILL,	INC.,	d/b/a	

SUNCOAST	REHABILITATION	CENTER,	a	

Florida	Non-Profit	Corporation;

6.	BEST	DRUG	REHABILITATION,	INC.,	a	

Nevada	Non-Profit	Corporation;

7.	A	LIFE	WORTH	LIVING,	INC.	d/b/a	

NARCONON	COLORADO	- A	LIFE	WORTH	

SAVING,	a	Colorado	Non-Profit	Corporation;

8.	NARCONON	FRESH	START,	INC.,	a	

California	Non-Profit	Corporation;

9.	NARCONON	SOUTH	TEXAS,	INC.,	a	Texas	

Non-Profit	Corporation;

10.	NARCONON	EASTERN	UNITED	STATES,	

INC.,	a	Virginia	Non-Profit	Corporation;

11.	ASSOCIATION	FOR	BETTER	LIVING	AND	

EDUCATION	INTERNATIONAL,	a	California	

Non-Profit	Corporation;

12.	RELIGIOUS	TECHNOLOGY	CENTER,	a	

California	Non-Profit	Corporation;

13.	NARCONON	FREEDOM	CENTER,	INC.,	a	

Michigan	Non-Profit	Corporation;

14.	GOLDEN	MILLENNIUM	PRODUCTIONS,	

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Case	No.	1:16-cv-101

Jury	Trial	Demanded

Attorney	Lien	Claimed

USDC IN/ND case 1:16-cv-00101-JD-SLC document 1 filed 03/24/16 page 1 of 34
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INC.,	a	California	Corporation;

15.	INTERNATIONAL	ACADEMY	OF	

DETOXIFICATION	SPECIALISTS,	a	California	

Non-Profit	Corporation;

16.	GREATCIRCLE	STUDIOS,	LLC,	a	Florida	

Limited	Liability	Company;

17.	CHURCH	OF	SCIENTOLOGY	

INTERNATIONAL,	a	California	Corporation,

18.	ROYALMARK	MANAGEMENT,	INC.,	a	

California	Corporation;

19.	ROBERT	J.	HERNANDEZ,	a	citizen	of	

California;

20.	ROBERT	“BOBBY”	WIGGINS,	a	citizen	of	

California;

21.	JONATHAN	BEAZLEY,	a	citizen	of	

California;

22.	JOSEPH	GUERNACCINI,	a	citizen	of	

California;

23.	PHILIP	R.	KELLY,	II,	a	citizen	of	

Pennsylvania;

24.	THOMAS	GARCIA,	a	citizen	of	Florida;

25.	CLARK	CARR,	a	citizen	of	California;

26.	MICHAEL	DIPALMA,	a	citizen	of	

California;	

27. DAVID	MISCAVIGE,	a	citizen	of	

California;

28.	NICHOLAS	THIEL,	a	citizen	of	Michigan;

29.	DAVID	S.	LEE,	III,	a	citizen	of	Indiana;

30.	RICHARD	“MATTHEW”	HAWK,	a	citizen	

of	Louisiana;

31.	MARY	RIESER,	a	citizen	of	Georgia;

32.	ANTHONY	BYLSMA,	a	citizen	of	

California;

33.	KENNETH	H.	POMERANCE,	a	citizen	of	

Florida;

34.	JAMES	“JIM”	WOODWORTH,	a	citizen	of	

Louisiana;

35.	CARL	SMITH,	a	citizen	of	California;

36.	JONATHAN	MORETTI,	a	citizen	of	

California;

37.	GLEN	PETCAVAGE,	a	citizen	of	Colorado;

38.	DAPHNA	HERNANDEZ,	a	citizen	of	

California;

39.	LURIA	K.	DION	a.k.a.	KATHY	DION,	a	

citizen	of	California; and

40.	NARCONON	OF	NORTHERN	

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USDC IN/ND case 1:16-cv-00101-JD-SLC document 1 filed 03/24/16 page 2 of 34
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CALIFORNIA	d/b/a	NARCONON	VISTA	BAY	

d/b/a	NARCONON	REDWOOD	CLIFFS,	a	

California	Non-Profit	Corporation,

Defendants.

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COMPLAINT

COME	 NOW,	 Plaintiff	 National	 Association	 of	 Forensic	 Counselors,	 Inc.	

(“NAFC”)	 and	 Plaintiff	 American	 Academy	 of	 Certified	 Forensic	 Counselors,	 Inc.	

d/b/a	 American	 College	 of	 Certified	 Forensic	 Counselors	 (“ACCFC”)	 (collectively	

“Plaintiffs”),	by	and	through	their	counsel	of	record	Keesling	Law	Group	PLLC,	and	

hereby	 submit	 their	 claims	 and	 causes	 of	 action	 against	 Defendants.	 	 In	 support	

thereof,	Plaintiffs	state	as	follows:

PARTIES,	JURISDICTION	AND	VENUE

1. Plaintiff	National	Association	of	Forensic	Counselors,	 Inc.	(“NAFC”)	is	

a	Non-Profit	Corporation	organized	under	 the	laws	of	 the	State	of	Nevada,	with	its	

principal	place	of	business	located	in	Fort	Wayne,	Indiana.

2. Plaintiff	 American	 Academy	 of	 Certified	 Forensic	 Counselors,	 Inc.	

d/b/a	American	 College	 of	 Certified	 Forensic	 Counselors	 (“ACCFC”)	is	 a	 For-Profit	

Corporation	organized	under	the	laws	of	the	State	of	Nevada,	with	its	principal	place	

of	business	located	in	Fort	Wayne,	Indiana.

3. Defendant	 Narconon	 International	 is	 a	 Non-Profit	 Corporation	

organized	 under	 the	 laws	 of	 the	 State	 of	 California,	 with	 its	 principal	 place	 of	

business	located	in	Los	Angeles,	California.

4. Defendant	 Narconon	 of	 Georgia,	 Inc.	 is	 a	 Non-Profit	 Corporation	

organized	under	the	laws	of	the	State	of	Georgia,	with	its	principal	place	of	business	

located	in	Carrollton,	Georgia.

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5. Defendant	Friends	of	Narconon	International	(“Friends	of	Narconon”)	

is	a	Non-Profit	Corporation	organized	under	the	laws	of	the	State	of	California,	with	

its	principal	place	of	business	located	in	Pasadena,	California.

6. Defendant	Narconon	of	Northern	California	d/b/a	Narconon	Vista	Bay	

d/b/a	Narconon	Redwood	Cliffs	(“Narconon	Vista	Bay”)	is	a	Non-Profit	Corporation	

organized	 under	 the	 laws	 of	 the	 State	 of	 California,	 with	 its	 principal	 place	 of	

business	located	in	Watsonville,	California.

7. Defendant	Premazon,	Inc.	is	a	For-Profit	Corporation	organized	under	

the	laws	of	the	State	of	California,	with	its	principal	place	of	business	located	in	Seal	

Beach,	California.

8. Defendant	 Narconon	 Spring	 Hill,	 Inc.	 d/b/a	 Suncoast	 Rehabilitation	

Center	 (“Narconon	 Spring	 Hill”)	 is	 a	 Non-Profit	 Corporation	 organized	 under	 the	

laws	 of	 the	 State	 of	 Florida,	 with	 its	 principal	 place	 of	 business	 in	 Clearwater,	

Florida.

9. Defendant	 Best	 Drug	 Rehabilitation,	 Inc.	 is	 a	 For-Profit	 Corporation	

organized	under	the	laws	of	the	State	of	Nevada,	with	its	principal	place	of	business	

in	Manistee,	Michigan.

10. Defendant	A	Life	Worth	Living,	Inc.	d/b/a	Narconon	Colorado	– A	Life	

Worth	Saving	 (“Narconon	 Colorado”)	is	a	Non-Profit	 Corporation	 organized	 under	

the	laws	of	the	State	of	Colorado,	with	its	principal	place	of	business	in	Fort Collins,	

Colorado.

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11. Defendant	 Narconon	 Fresh	 Start,	 Inc.	 (“Fresh	 Start”)	 is	 a	 Non-Profit	

Corporation	 organized	 under	 the	laws	 of	 the	 State	 of	 California,	 with	its	 principal	

place	of	business	in	Glendale,	California.

12. Defendant	Narconon	South	Texas,	 Inc.	(“Narconon	South	Texas”)	is	a	

Non-Profit	 Corporation	 organized	 under	 the	 laws	 of	 the	 State	 of	 Texas,	 with	 its	

principal	place	of	business	in	Harlingen,	Texas.

13. Defendant	 Narconon	 Eastern	 United	 States,	 Inc.	 (“Narconon	 Eastern	

U.S.”)	is	a	Non-Profit	Corporation organized	under	the	laws	of	the	State	of	Virginia,	

with	its	principal	place	of	business	in	Clearwater,	Florida.

14. Defendant	 Association	 for	 Better	 Living	 and	 Education	 International	

(“ABLE”) is	 a	 Non-Profit	 Corporation	 organized	 under	 the	 laws	 of	 the	 State	 of	

California,	with	its	principal	place	of	business	in	Los	Angeles,	California.

15. Defendant	 Religious	 Technology	 Center	 (“RTC”)	 is	 a	 Non-Profit	

Corporation	 organized	 under	 the	laws	 of	 the	 State	 of	 California,	 with	its	 principal	

place	of	business	in	Los	Angeles,	California.

16. Defendant	 Narconon	 Freedom	 Center,	 Inc.	 (“Freedom	 Center”)	 is	 a	

Non-Profit	Corporation	organized	under	 the	laws	of	 the	State	of	Michigan,	with	its	

principal	place	of	business	in	Albion,	Michigan.

17. Defendant	 Golden	 Millennium	 Productions,	 Inc.	 (“Golden	

Millennium”)	 is	 a	 corporation	 organized	 under	 the	 laws	 of	 the	 State	 of	 California,	

with	its	principal	place	of	business	in	Pasadena,	California.

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18. Defendant	 International	 Academy	 of	 Detoxification	 Specialists	 is	 a	

Non-Profit	Corporation	organized	under	the	laws	of	the	State	of	California,	with	its	

principal	place	of	business	in	Pasadena,	California.

19. Defendant	 GreatCircle	 Studios,	 LLC	 is	 a	 limited	 liability	 company	

organized	under	the	laws	of	the	State	of	Florida,	with	its	principal	place	of	business	

in	Clearwater,	Florida.

20. Defendant	 Church	 of	 Scientology	 International	 is	 a	 corporation	

organized	 under	 the	 laws	 of	 the	 State	 of	 California,	 with	 its	 principal	 place	 of	

business	in	Los	Angeles,	California.

21. Defendant	 Royalmark	 Management,	 Inc.	 is	 a	 corporation	 organized	

under	 the	 laws	 of	 the	 State	 of	 California,	 with	 its	 principal	 place	 of	 business	 in	

Pasadena,	California.

22. Upon	information	and	belief,	Defendant	Robert	J.	Hernandez	currently	

is	a	resident	and	citizen	of	Pasadena,	State	of	California.

23. Upon	 information	 and	 belief,	 Defendant	 Robert	 “Bobby”	 Wiggins	

currently	is	a	resident	and	citizen	of	Glendale,	State	of	California.

24. Upon	information	and	belief,	Defendant	Jonathan	Beazley	currently	is	

a	resident	and	citizen	of	Capitola,	State	of	California.

25. Upon	information	and	belief,	Defendant	Joseph	Guernaccini	currently	

is	a	resident	and	citizen	of	Watsonville,	State	of	California.

26. Upon	information	and	belief,	Defendant	Philip	R.	Kelly,	II	currently	is	a	

resident	and	citizen	of	Abington,	State	of	Pennsylvania.

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27. Upon	information	and	belief,	Defendant	Thomas	Garcia	currently	is	a	

resident	and	citizen	of	the	State	of	Florida.

28. Upon	 information	 and	 belief,	 Defendant	 Clark	 Carr	 currently	 is	 a	

resident	and	citizen	of	Los	Angeles,	State	of	California.

29. Upon	information	and	belief,	Defendant	Michael	DiPalma	currently	is	

a	resident	and	citizen	of	Aptos,	State	of	California.

30. Upon	information	and	belief,	Defendant	David	Miscavige	currently	is	a	

resident	and	citizen	of	Los	Angeles,	State	of	California.

31. Upon	information	and	belief,	Defendant	Nicholas	Thiel	currently	is	a	

resident	and	citizen	of	Battle	Creek,	State	of	Michigan.

32. Upon	information	and	belief,	Defendant	David	S.	Lee,	III	currently	is	a	

resident	and	citizen	of	Lowell,	State	of	Indiana.

33. Upon	 information	 and	 belief,	 Defendant	 Richard	 “Matthew”	 Hawk	

currently	is	a	resident	and	citizen	of	Denham	Springs,	State	of	Louisiana.

34. Upon	 information	 and	 belief,	 Defendant	 Mary	 Rieser	 currently	 is	 a	

resident	and	citizen	of	Duluth,	State	of	Georgia.

35. Upon	information	and	belief,	Defendant	Anthony	Bylsma	currently	is	a	

resident	and	citizen	of	Sylmar,	State	of	California.

36. Upon	information	and	belief,	Defendant	Kenneth	Pomerance	currently	

is	a	resident	and	citizen	of	Sunrise,	State	of	Florida.

37. Upon	 information	 and	 belief,	 Defendant	 James	 “Jim”	 Woodworth	

currently	is	a	resident	and	citizen	of	Harahan,	State	of	Louisiana.

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38. Upon	 information	 and	 belief,	 Defendant	 Carl	 Smith	 currently	 is	 a	

resident	and	citizen	of	Pasadena,	State	of	California.

39. Upon	information	and	belief,	Defendant	Jonathan	Moretti	currently	is	

a	resident	and	citizen	of	Long	Beach,	State	of	California.

40. Upon	information	and	belief,	Defendant	Glen	Petcavage	currently	is	a	

resident	and	citizen	of	Fort	Collins,	State	of	Colorado.

41. Upon	information	and	belief,	Defendant	Daphna	Hernandez currently	

is	a	resident	and	citizen	of	Pasadena,	State	of	California.

42. Upon	information	and	belief,	Defendant	Luria	K.	Dion	a.k.a	Kathy	Dion	

(“Kathy	Dion”)	currently	is	a	resident	and	citizen	of	Altadena,	State	of	California.

43. Defendants Narconon	of	Georgia,	 Inc.,	Narconon	Vista	Bay,	Narconon	

Spring	 Hill,	 Best	 Drug	 Rehabilitation,	 Narconon	 Colorado,	 Narconon	 Fresh	 Start,	

Narconon	 South	 Texas,	 Narconon	 Eastern	 U.S.,	 and	 Freedom	 Center	 will	 be	

collectively	referred	to	as	“Narconon	Treatment	Centers.”

44. Defendants Robert	 “Bobby”	 Wiggins and	 David	 S.	 Lee,	 III	 will	 be	

collectively	referred	to	as	“Narconon	Referral	Entities.”

45. This	 Court	 has	 subject	 matter	 jurisdiction	 pursuant	 to	 15	 U.S.C.	 §§	

1116	and	1121,	28	U.S.C.	§§	1331,	1338(a),	and	1367(a).

46. Personal	jurisdiction	exists	over	Defendants	because	Defendants	have	

intentionally	 directed	 their	 activities	 toward residents	 of	 Indiana,	 Plaintiffs,	 and	

Plaintiffs’	 injuries	 arise	 out	 of	 the	 activities	 Defendants	 directed	 at	 Indiana.	 The	

exercise	of	personal	jurisdiction	over	Defendants	does	not	offend	traditional	notions	

of	 fair	 play	 and	 substantial	 justice	 as	 Defendants	 knew	 that	 Plaintiffs	 reside	 in	

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Indiana,	 and	 thus	 that	 Plaintiffs	 would	 experience	 substantial	 injury	 in	 Indiana.	

Additionally,	 personal	 jurisdiction	 exists	 over	 all	 Defendants	 due	 to	 Defendants’	

participation	in	a	civil	conspiracy	with	their co-Defendant,	David	Lee,	who	is	located	

in	this	forum.	

47. Venue	is	 proper	in	 this	District	 pursuant	 to	 28	U.S.C.	 §	 1391(a),	 (b),	

and	(c),	because	a	substantial	part	of	 the	acts	or	omissions	giving	rise	 to	Plaintiffs’	

claims	occurred	in	this	District,	and	because	Defendants	have	sufficient	connection	

with	this	District.

FACTUAL	BACKGROUND	AND	ALLEGATIONS

NAFC	Backgrounds	and	Trademarks

48. NAFC	 is	 a	 Certification	 Board providing	 nationally	 accredited	

certifications	 for	 professionals	 working	 with	 criminal	 offenders	 in	 the	 fields	 of	

criminal	justice,	corrections,	addictions	and	mental	health.

49. NAFC	offers	certifications,	as	developed	by	ACCFC,	 for	 the	specialties	

of	Forensic	Counseling	and	Addictions.

50. Relevant	 to	 the	 claims	 alleged	 herein,	 NAFC	 holds	 the	 Addiction	

Specialty	Certifications,	including:

a. Master	Addictions	Counselor	(“MAC”)

b. Certified	Chemical	Dependency	Counselor	(“C.C.D.C.”)

c. Certified	 Forensic	 Addictions	 Specialist	 (“CFAS”),	 formerly	 known	 as	

Certified	Forensic	Addictions	Examiner	(“CFAE”).

d. Certified	Criminal	Justice	Addictions	Specialist	(“CCJAS”)

e. Certified	Co-Occuring	Disorder	Specialist	(“CCODS”)

USDC IN/ND case 1:16-cv-00101-JD-SLC document 1 filed 03/24/16 page 10 of 34
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f. Baccalaureate	Addictions	Counselor	(“BAC”)1.

51. The	 Certifications	 of	 MAC,	 C.C.D.C.	 and	 CFAS	 have	 been	 nationally	

accredited	 through	 the	 National	 Commission	 for	 Certifying	 Agencies	 (“NCCA”),	

which	increased	the	professional	and	marketable	value	of	the	Certifications.

52. NAFC	is	 the	parent	corporation	of	Plaintiff	ACCFC,	such	 that	ACCFC’s	

existence	is	entirely	dependent	upon	the	existence	and	operation	of	NAFC.

53. Similarly,	 NAFC	 requires	 the	 ACCFC	 for	 the	 development	 of	 various	

certification	 activities	 and	 could	 not	 continue	its	 existence	if	 the	 ACCFC	 ceased	 to	

exist.

54. ACCFC	is a	 for-profit	corporation	and	the	income	producing/expense	

paying	 entity	 (i.e.	 holds	 all	 financial	 accounts)	 for	 NAFC,	 which	 produces	 zero	

income	and	pays	no	expenses.

55. ACCFC	 is	 the	 Certification	 Commission	 of	 NAFC,	 which	 develops	 the	

standards,	 requirements,	 various	 committees,	 certification	 development,	 periodic	

review	of	certification	requirements,	etc.	for	NAFC	certifications.

56. In	 order	 to	 become	 certified	 through	 one	 of	 NAFC’s	 certification	

programs,	an	individual must	meet	certain	requirements	depending on	the	type	of	

certification.		

57. For	 example,	 to	 receive	 a	 nationally	 accredited	 Addictions	 Specialty	

Certification,	the	applicant	must	have	a	Masters	degree	or	higher	from	an	accredited	

educational	 institution,	 an	 active	 state	 license	 in	 good	 standing	(unless	 exempted	

 1 NAFC no longer offers the BAC certification, but continues to honor previous 

certifications that are maintained as required. NAFC reserves the right to reactivate and 

offer this certification in the future.

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through	legislation,	or	otherwise	part	of	a	 field	that	has	no	professional	licensure),	

one	hundred	eighty	(180)	hours	of	 formal	 training	in	alcohol/drugs,	i.e.	 treatment,	

prevention,	education,	etc.,	three	years	(or	6,000	hours)	[or	two	years	(4,000	hours)	

for	non-clinical]	of	supervised	full	time	professional	experience	in	the	profession,	no	

misdemeanor	or	 felony	arrests	 for	any	sexual	or	violent	offense,	no	reprimands	or	

suspensions	 of	 the	 state	 license,	 no	 previously	 suspended	 or	 revoked NAFC	

certifications,	and	must	successfully	pass	the	NAFC	certification	examination.

58. Non-nationally	 accredited	 certifications	 do	 not	 require	 a	 Masters	

degree,	but	instead	have	non-clinical	and	clinical	requirements.

59. The	C.C.D.C.	did	not	always	require	a	Masters	degree,	but	instead	the	

requirements	have	evolved	with	the	field,	other	boards,	or	as	State	regulations	were	

revised.

60. Individuals	receiving	the	C.C.D.C.	prior	to	the	revisions	with	a	Masters’	

requirement	were	“grandfathered”	in,	provided	they	maintained	current,	active	and	

in	good	standing	certifications.

61. Additionally,	the	Applicant	must	complete	an	Affidavit	attesting	to	the	

following	relevant	facts:

a. To	read	and	stay	apprised	of	the	NAFC	Ethical	Standards	and	Code	of	

Conduct,	 Policies	 and	 Procedures, Candidate	 Handbook,	 Use	 of	 the	

NAFC	 Logo	 Terms,	 Affidavit,	 and	 all	 other	 Terms	 and	 Conditions	

located	on	the	NAFC	website.

b. To	report	within	 thirty	 (30)	days	of	notification	and	update	monthly	

on	 any	 formal	 charge,	 complaint,	 investigation,	 arrest	 or	 conviction	

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related	 to	 a	 criminal	 act	 or	 ethical	 violation,	 or	 any	 professionally	

related	civil	action,	civil	litigation,	or	investigation.

62. Under	 the	 terms	of	 the	Candidate	Handbook	Section	11.0,	a	member	

can	only	advertise	or	display	NAFC	certifications	that	are	current.

63. NAFC	 does	 not	 recognize,	 accredit,	 endorse,	 promote,	 or	 approve	

entire	organizations	and/or	facilities	and/or	programs.

64. Once	an	individual	obtains	a	certification,	he	or	she	remains	active	for	

one	(1)	year	barring	any	revocations	or	suspensions	by	NAFC.

65. Thereafter,	 a	 member	 may	 renew	 the	 certification	 by	 paying	 the	

annual	 recertification	 fee,	 obtaining	 twenty	 (20)	 continuing	 education	 units	

annually,	maintaining	an	active	state	license	in	good	standing	(unless	exempt	 from	

licensure),	and	agreeing to	abide	by	 the	NAFC	Ethical	Standards,	Code	 of	Conduct,	

Candidate	 Handbook,	 Policies	 and	 Procedures,	 use	 of	 the	 NAFC	 Logo	 Terms,	

Application	Affidavit,	and	all	other	terms	of	membership.

66. As	part	of	its	certification	services,	NAFC	has	designed	a	logo,	which	

has	been	used	to	symbolize	NAFC	certifications.

67. The	Terms	of	Use	of	the	NAFC	Logo	(the	“Logo”)	include	the	following:

a. To	 use	 the	 Logo,	 a	 “Use	 of	 the	 NAFC	 Logo	 Request	 Form”	 must	 be	

completed.

b. The	Logo	may	only	be	used	by	currently	Certified	professionals.

c. The	 party	must	 cease	 use	 and	 remove	 the	 Logo	 upon	 notification	 of	

NAFC	 and/or	 the	 expiration,	 suspension,	 revocation,	 or	 status	 other	

than	active	and	in	good	standing	of	any	certification.

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d. Upon	approval	of	the	Logo	Request	Form,	the	Logo	will	be	emailed	to	

the	applicant,	who	 can	 only	 display	 the	 Logo	in	 the	 size	 provided	 or	

smaller.

e. If	the	Logo	is	used	on	a	website,	it	must	be	displayed	smaller	than	the	

member’s	 company	 logo,	 cannot	 be	 displayed	 as	 a	 dominant	 focal	

point,	and	must	be	embedded	with	the	link	to	www.nationalafc.com.

f. Restricted	 use	 of	 the	 NAFC	 logo	 is	 permitted	 on	 printed	 materials,	

business	cards	and	websites	only	upon	completion	of	the	NAFC	Logo	

Request	 form,	 must	 be	 displayed	 smaller	 than	 the	 user’s	 logo,	 and	

cannot	be	displayed	as	a	dominant	 focal	point	in	either	placement	or	

size.

g. Continued	use	of	the	logo	is	only	permitted	if	the	Logo	Request	Form	

is	resubmitted	each	year	with	the	individual’s	certification	renewal.

h. Use	 of	 the	 Logo	 represents	 an	 individuals	 certifications	 as	 well	 as	 a	

reflection	 to	 the	 public	 and	 other	 professionals	 of	 the	 caliber	 of	

professionals	certified	by	the	NAFC.

68. This	logo,	depicted	below,	is	recognized	throughout	the	industry	and	

is	closely	associated	with	NAFC	and	bears	NAFC’s	trademarked	name.

69. NAFC	is	the	owner	of	federal	trademark	NATIONAL	ASSOCIATION	OF	

FORENSIC	 COUNSELORS,	 Registration	 No.	 3585933,	 filed	 May	 14,	 2008	 (the	

“Mark”).	

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Defendants	Misuse	of	NAFC	Mark,	Certifications	and	Logos

70. Paragraphs	 1	 through	 69 are	 hereby	 incorporated	 by	 reference	 in	

their	entirety.

71. For	the	purposes	of	this	Complaint,	the	Narconon	Network	shall	mean	

the	 drug	 rehabilitation	 facilities,	 treatment	 centers,	 referral	 and	 intervention	

entities	and	individuals	who	are	under	the	control of	Narconon	International	due	to	

its	active	engagement,	participation,	approval,	influence,	and	direction.

72. Defendant	Religious	Technology	 Center	 (“RTC”)	is	 the	entity	 holding	

the	rights	to	use	L.	Ron	Hubbard’s	name	and	writings	as	the	self-proclaimed	“Holder	

of	the	Dianetics	&	Scientology	Trademarks”.

73. RTC	licensed	the	L.	Ron	Hubbard	trademarks	to	Defendant	Church	of	

Scientology	International	and	has	allowed	the	Church	of	Scientology	International	to	

license	the	drug	rehabilitation	facilities,	treatment	centers,	and	intervention	entities

within	the	Narconon	Network	to	use	L.	Ron	Hubbard	trademarked	property.

74. Defendant	 David	 Miscavige	 (“Miscavige”)	 is	 a	 Trustee	 and	 the	

Chairman	of	the	Board	of	Defendant	RTC.

75. Defendants Narconon	of	Georgia,	 Inc.,	Narconon	Vista	Bay,	Narconon	

Spring	 Hill,	 Best	 Drug	 Rehabilitation,	 Narconon	 Colorado,	 Narconon	 Fresh	 Start,	

Narconon	 South	 Texas,	 Narconon	 Eastern	 U.S.,	 and	 Freedom	 Center	 (collectively	

“Narconon	 Treatment	 Centers”)	 are	 all	 drug	 treatment	 and	 rehabilitation	 facilities	

operating	as	a	part	of	the	Narconon	Network	run	by	Narconon	International,	which	

controls	 the	 Narconon	 Treatment	 Centers	 by	 virtue	 of	 its	 active	 engagement,	

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participation,	 approval,	 influence,	 direction,	 and	 financial	 interest	 in	 and	 over	 the

Narconon	Treatment	Centers.

76. Defendant	Narconon	International	is	a	subsidiary	of	Defendant	ABLE.

77. RTC,	 the	 Church	 of	 Scientology	 International,	 ABLE,	 Narconon	

International,	 and	 the	 Narconon	 Treatment	 Centers	 are	 wholly	 controlled	 by	 and	

operated	for	the	benefit	of	Defendant	Miscavige.

78. Defendants Robert	“Bobby”	Wiggins and	David	S.	Lee,	III	(collectively	

“Narconon	 Referral	 Entities”)	 are	 individuals	 which	 operate	 websites	 for	 the	

purpose	 of	 referring	 business	 to	 Narconon	 Treatment	 Centers	 in	 exchange	 for	 a	

referral	fee.

79. RTC,	 the	 Church	 of	 Scientology,	 Narconon	 International,	 ABLE,	

Friends	 of	 Narconon,	 the	 Narconon	 Treatment	 Centers,	 the	 Narconon	 Referral	

Entities, and	the	individual	Defendants	entered	into	a common	plan,	at	the	direction

and	with	 the	approval of	Defendant	Miscavige,	 to	promote	 the	Narconon	Network,

bolster	 Narconon	 counselors, draw	 additional	 customers,	 and	 increase	 profits	

through	the	unauthorized	use	of	NAFC	logos,	trademarks	and	certifications.	

80. Narconon	 International controls	 every	 aspect	 of	 the	 management	 of	

Narconon	Treatment	Centers,	including	promulgation	of	the	curriculum,	training	of	

staff,	 approval	 of	 website	 content,	 approval	 of	 promotional	 and	 advertising	

materials,	 and	 requiring	 the	 Narconon	 Treatment	 Centers	 to	 submit	 their	

participant	statistics	and	 financial	numbers	 to	Narconon	 International	on	a	weekly	

basis.

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81. Narconon	 International	 receives	 ten	 percent	 (10%)	 of	 the	 gross	

proceeds	from	every	Narconon	Treatment	Center.

82. Narconon	International	requires	each	Narconon	Treatment	Facility	to	

maintain	 a	 “Building	 Fund”	 that	is	 controlled	 by	 Narconon	 International,	 which	is	

supposed	 to	 represent	 money	 put	 aside	 for	 the	 construction	 of	 new	 facilities.		

However,	Defendants	ABLE	and	Narconon	International	have	drained	the	“Building	

Funds”	 of the	Narconon	Treatment	Facilities	 to	 fund	a	Church	 of	Scientology	book	

rather	than	to	fund	new	construction.

83. Defendant	 ABLE	 published numerous	 documents	 supporting	 the	

Narconon	 Treatment	 Centers	 and	 its	 counselors,	 falsely	 referencing	 the	 C.C.D.C.	

certifications	of	certain	individuals,	including	Defendant Clark	Carr.	

84. Additionally,	ABLEcanada1@gmail.com is	listed	as	 the	contact	e-mail	

address	 for	 the	 following	 Narconon	 domains:	 www.narconon.ca,	

www.news.narconon.ca,	www.narconon.bc.ca,	and	www.narconon.on.ca.	

85. One	 of	 the	 programs	 promulgated	 and	 mandated	 by	 Narconon	

International	 is	 the	 marketing	 program	 using	 NAFC	 credentials	 (regardless	 of	

veracity)	to	bolster	Narconon	Treatment	Centers	and	counselors’	credibility	within	

the	Narconon	Network.

86. At	 the	 direction	 of	Narconon	 International and	 with	 the	 approval	 of	

ABLE,	 the	 individual	 Defendants	 have	 used	 the	 NAFC	 credentials	 by	 listing	

certifications	 after	 Defendants’	 names,	 despite	 the	 revocation,	 suspension,	

expiration	or	lack	of	certification.

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87. Additionally,	 the	individual	Defendants	maintained	websites	 that	did

not	 provide	 any	 names	 of	 certified	 individuals,	 but	 instead	 used the	 certifications	

and/or	NBAE	and	NAFC	names/logos	to imply	and	mislead	that	they	were unbiased,	

certified	referral	services	that	refered patients	to	Narconon	Treatment	Centers	that	

are	controlled	by	Narconon	International.

88. These	 misleading	 websites	 are	 registered	 either	 to	 employees	 of	

various	Narconon	Treatment	Centers	 (at	which	 the	hiring	decisions	are	controlled	

by	 Narconon	 International),	 the	 Narconon	 Treatment	 Centers	 themselves	 (which	

are	 controlled	 by	 Narconon	 International),	 the	 Narconon	 Referral	 Entities	 or	

otherwise	claimed	on	Narconon	International’s	IRS	990	Tax	Forms.

89. Narconon	 International,	 through	its	Narconon	Treatment	 Centers,	as	

well	as	Narconon	Referral	Entities	and	the	individual	Defendants	operated over	400	

websites	 containing	 purported	 certifications	 of	 staff	 members	 that,	 in	 reality,	 had

been	suspended,	revoked,	or	never	existed	or	otherwise	have	improperly	used	 the	

NAFC	credentials	by	referencing	the	facilities	numerous	(unnamed)	C.C.D.C.	certified	

counselors	 and	 promising	 “consultation	 by	 a	 Certified	 Chemical	 Dependency	

Counselor”	to	anyone	calling	an	800	number.		

90. Infringing	 websites,	 owned	 and/or	 operated	 by	 Narconon	

International,	 through	 its	 Narconon	 Treatment	 Centers,	 as	 well	 as	 Narconon	

Referral	Entities	and	the	individual	Defendants,	falsely claim	to	have	a	“full	staff”	of	

Certified	Chemical	Dependency	Counselors.

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91. Additionally,	 Defendants’	 websites	 have	 posted	 the	 NAFC	 Logo	

without	consent,	an	altered	version	of	the	logo,	and	an	altered	version	of	a	defunct	

certificate.

92. Defendants	 Narconon	 of	 Georgia	 and Narconon	 Internationalapproved	 GreatCircle	 Studios	 advertise	 through	 multiple	 websites	 (of	 which	

Narconon	of	Georgia	was approved	by	Narconon	International)	that	“[t]he	primary	

counselors	are	accredited	by	the	National	Board	of	Addiction	Examiners	as	Certified	

Chemical	Dependency	Counselors.”

93. Additionally,	Narconon	 International-controlled	Narconon	 of	Georgia	

falsely	 used	 the	 NAFC	 logo	 on	 122	 web	 pages	 under	 Narconon	 of	 Georgia’s	 URL	

drugrehabhelp.net.

94. Defendant	 Narconon	 International-controlled	 Narconon	 Vista	 Bay	

advertised itself	as	 “belonging	 to	 the	National	Association	of	Forensic	Counselors,”	

as	“Accredited”	and	used	an	altered	version	of	the	NAFC	logo.

95. Additionally,	Narconon	 International-controlled	Defendant	Narconon	

Vista	Bay	used	 the	altered	NAFC	logo	as	recently	as	February,	2013, and	claims	of	

C.C.D.C.	 certification	 as	 recently	 as	 April	 2013,	 despite	 the	 counselors’	 expirations	

dating	back	to	2008.

96. The	 Logo	 had	 been	 attached	 without	 completion	 of	 the	 necessary	

forms	and	without	consent	of	NAFC.

97. Narconon	 International-controlled	 Defendant	 Narconon	 Vista	 Bay	

falsely	 advertised that	 over	 35%	 of	 the	 staff	 are	 C.C.D.C.s	 or	 RASs	 on	its	 websites	

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www.redwoodcliffsrehab.com and	www.narcononvistabay.com,	while	also	claiming	

to	have	9	C.C.D.C.s,	2	BACs,	1	DAC	and	1	MAC	on	its	company	page	on	LinkedIn.

98. The	Logo	had been	attached	without	the	correct	link	or	with	a	link	to	

www.nafc.org,	which	is	a	website	for	incontinence.

99. Defendants	 have	 advertised	 that	 NAFC	 has	 accredited	 the	 Narconon	

International-controlled	Narconon	Treatment	Centers,	which	NAFC	does	not	do.

100. Defendant	 Glen	 Petcavage	 owns	 and	 operates	 the	 website	 of	

Narconon	 International-controlled	 Narconon	 Colorado	 at	 narcononcolorado.org,	

which	 promised a	 call	 back	 from	 a	 Certified	 Chemical	 Dependency	 Counselor	 and	

continued to	 post	 the	 false	 credentials	 of	 Narconon	 International-approved	 Gary	

Smith	as	C.C.D.C.	despite	their revocation	in	March	2013.

101. Narconon	International-approved	Defendant	Joseph	Sauceda,	through	

Narconon	 International-controlled	 Defendant	 Narconon	 Fresh	 Start,	 advertised

himself	as	C.C.D.C.,	when	in	reality	NAFC	has	no	record	of	his	certification.

102. Additionally,	 Narconon	 International-approved	 Defendant	 Joseph	

Sauceda posted	 a	 Border	 Patrol	 Appreciation	 Certificate,	 which	 was	 issued	 to	

“Joseph	 Sauceda	 C.C.D.C.”	 on	 October	 11,	 2011,	 which	 shows	 that	 he	 falsely	

represented	himself	to	the	Border	Patrol	as	C.C.D.C.	despite	his	lack	of	certification.

103. Narconon	 International-approved	 Defendant	 Anthony	 Bylsma,	

through	 Narconon	 International-controlled	 Defendant	 Narconon	 Fresh	 Start,	

advertised himself	 as	 C.C.D.C.,	 when	 in	 reality	 NAFC	 has	 no	 record	 of	 his	

certification.

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104. Narconon	 International-approved	 Defendant	 Michael	 DiPalma	

advertised himself	as	C.C.D.C.	on	LinkedIn	and	as	a	“Certified	Chemical	Dependency	

Counselor”	 on	 Defendant	 Narconon	 International’s	 website,	 when	 in	 reality	 his	

certification	was	revoked	on	May	23,	2013.	

105. Defendant	David	Lee	owns	and	operates	the	website

http://www.interventionservicesinc.com/intervention-101/what-is-aninterventionist/,	 which falsely states, “each of our intervention specialists have, at a 

minimum, certifications as Chemical Dependency Counselor.”

106. Defendant	Robert	J.	Hernandez	advertised himself	as	C.C.D.C.,	when	in	

reality	his	certification	expired	on	August	30,	2013.		

107. Defendant	 Robert	 J.	 Hernandez,	 as	 President	 of	 Defendant	 Golden	

Millennium,	also	advertised Narconon	 International-approved	Narconon	employee

Gary	W.	Smith’s	as	C.C.D.C.	on	Golden	Millennium’s	website	www.getcured.org.

108. Defendant	Golden	Millennium’s	website	www.getcured.org sits	on	the	

same	servers	(NS1.ROYALSTARHOSTING.COM	and	NS2.ROYALSTARHOSTING.COM)	

as	the	website	www.friendsofnarconon.org.

109. Defendant	 Friends	 of	Narconon	 International	 owns	and	 operates	 the	

website	www.friendsofnarconon.org,	 which	 falsely	 advertised Narconon	 employee	

Bobby	Wiggins	as	C.C.D.C.,	despite	its	expiration	in	December	2012.

110. Defendant	Daphna	Hernandez	is	 a	 co-founder	 and	 board	member	 of	

Defendant	Friends	of	Narconon	International.

111. Defendant	Daphna	Hernandez	operated an	unregistered	organization	

in	 the	 State	 of	 California	 entitled	 Life	 Coaching	 Masters,	 wherein	 she	 advertised

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herself	 on	 its	 website	 www.lifecoachingmasters.com as	 C.C.D.C.,	 despite	 the	

expiration	of	her	certification	on	August	30,	2013.

112. In	 her	 application	 to	 NAFC	 for	 certification,	 Defendant	 Daphna	

Hernandez	never	disclosed	her	employment	or	job	title	with	Life	Coaching	Masters.

113. The	 website	 www.lifecoachingmasters.com,	 which	 falsely	 posted

Defendant	 Daphna	 Hernandez’s	 certification	 information	 despite	 its	 expiration	 in	

August	 2013,	 is	 owned	 and	 operated	 by	 Defendant	 Robert	 J.	 Hernandez	 and	

Defendant	Royalmark	Management,	Inc.

114. Additionally,	Defendant	Daphna	Hernandez	 falsely	advertised herself	

as	 C.C.D.C.,	 despite	 its	 expiration	 in	 August	 2013,	 on	 the	 following	 additional	

websites:	 www.youtube.com,	 www.friendsofnarconon.com,	

www.methadonedetoxforum.com,	 www.drugtreatmentcentersmilwaukee.com,	 and	

www.drugtreatmentcenterswashingtondc.com.	

115. Defendant	 GreatCircle	 Studios,	 LLC	 owns	 and	 operates	 the	 website	

www.drugrehabthatworks.com,	 which	 falsely	 advertised,	 “The	 primary	 counselors	

are	accredited	by	 the	National Board	of	Addiction	Examiners	as	Certified	Chemical	

Dependency	Counselors.”

116. The	 website	 www.drugrehabthatworks.com is	 on	 the	 servers	

NS1.GREATCIRCLESTUDIOS.NET	and	NS2.GREATCIRCLESTUDIOS.NET.

117. Also	 on	 the	 same	 servers	 NS1.GREATCIRCLESTUDIOS.NET	 and	

NS2.GREATCIRCLESTUDIOS.NET	 is	 the	 Narconon	 International-controlled	

Narconon	Eastern	U.S.’s	website	www.narcononeastus.org,	which	falsely	advertised

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Narconon	 International-approved	 Narconon	 employee Gary	 Smith	 as	 C.C.D.C.	

despite	his	revocation	in	March	2013.

118. Narconon	 International-approved	 Defendant	 Jonathan	 Beazley,	

through	Narconon	International-controlled	Defendant	Narconon	Vista	Bay	as	well	as	

professionally	 on	 LinkedIn,	 previously,	 falsely	advertised	 himself	as	C.C.D.C.,	when	

in	reality	his	certification	expired	on	December	30,	2012.

119. Additionally,	 Narconon	 International-approved	 Defendant	 Jonathan	

Beazley	 falsely	 advertised himself	 on	 Narconon	 International’s	 website	 as	 a	

“Certified	Chemical	Dependency	Counselor”,	despite	his	certification’s expiration	in	

December	2012.

120. Narconon	 International-approved	 Narconon	 employee	 Nick	 Bailey,	

through	Narconon	International-controlled	Defendant	Narconon	Vista	Bay	as	well	as	

professionally on	LinkedIn,	falsely	advertised himself	as	C.C.D.C.,	when	in	reality	his	

certification	expired	on	December	30,	2008.

121. Narconon	 International-approved	 Defendant	 Joseph	 Guernaccini,	

through	 Narconon	 International-controlled	 Defendant	 Narconon	 Vista Bay,	 falsely	

advertised himself	as	C.C.D.C.,	when	in	reality	his	certification	expired	on	December	

30,	2008.

122. Defendant	Kevin	Lee,	through	Defendant	Intervention	Services,	falsely	

advertised himself	as	C.C.D.C.,	when	in	reality	his	certification	expired	on August	30,	

2011.

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123. Narconon	employee Sharon	Kubacki,	through	Defendant	Intervention	

Services,	falsely	advertised herself	as	C.C.D.C.,	when	in	reality	NAFC	has	no	record	of	

her	certification.

124. Defendant	 Intervention	 Services	 falsely	 advertised an	 individual	 by	

the	name	of	Benjamin	Whitaker	as	C.C.D.C.,	when	in	reality	NAFC	has	no	record	of	

this	individual	or	his	certification.

125. Defendant	Philip	R.	Kelly,	II,	through	Defendant	Intervention	Services,	

falsely	 advertised himself	 as	 C.C.D.C.,	 when	 in	 reality	 NAFC	 has	 no	 record	 of	 his	

certification.

126. Narconon	 International-approved	Defendant	Thomas	Garcia,	through	

Narconon	 International-controlled	 Defendant	 Narconon Spring	 Hill,	 falsely	

advertised himself	 as	 CFAE,	 when	 in	 reality	 his	 certification	 expired	 on	 May	 30,	

2009	 and	 the	 CFAE	 certification	 ceased	 to	 exist	 after	 it	 was	 changed	 to	 CFAS	 in	

March	of	2012.

127. Defendant	 Nicholas	 Thiel	 owns	 and	 operates	 the	 website	

www.freedomtreatmentcenter.wordpress.com,	 which	 falsely	 advertises the	

Freedom	Treatment	Center’s	“NBAE	Certified	Chemical	Dependency	Counselors”.

128. Narconon	 International-approved	Defendant	Richard	Matthew	Hawk	

in	conjunction	with	Narconon	International-controlled	Narconon	Georgia,	owns	and	

operates	 the	 websites www.drugrehabhelp.net,	 www.drugsno.com,	

www.atlantarecoverycenter.com,	 www.narcononworks.com,	 which	 falsely	

advertised “[t]he	 primary	 counselors	 are	 accredited	 by	 the	 National	 Board	 of	

Addiction	 Examiners	 as	 Certified	 Chemical	 Dependency	 Counselors”,	 posted the	

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unauthorized	NAFC	logo and	name,	 falsely	listed Narconon	 International-approved	

Defendant	 Mary	 Rieser	 as	 C.C.D.C.	 despite	 her	 revocation	 in	 February	 2013,	 and	

falsely	offers	the	ability	to	speak	to	a	certified	chemical	dependency	counselor.

129. Narconon	 International-approved	 Defendant	 Mary	 Rieser	 falsely	

advertised herself	 as	 C.C.D.C.	 on	 several	 websites,	 despite	 the	 fact	 that	 her	

certification	was	revoked	on	February	26,	2013.

130. Defendant	 Anthony	 Bylsma	 owns	 and	 operates	 the	 website	

www.drug-prevention.org,	 which	 posted the	 false	 credentials	 of	 Narconon	

International-approved	Narconon	 employee Gary	W.	 Smith	 as	 C.C.D.C.,	 despite	 his	

revocation	in	May	2013.

131. Defendant	 Kenneth	 Pomerance	 owns	 and	 operates	 the	 website	

www.addictionrehabfinder.com,	 which	 posted the	 false	 credentials	 of	 Narconon	

International-approved	 Derry	 Hallmark	 as	 C.C.D.C.	 despite	 his	 certification’s	

expiration	in	2010.

132. Defendant	 Jonathan	 Moretti	 and	 Defendant	 Premazon,	 Inc.	 own	 and	

operate	 the	 website	 www.drug-rehabprogram.com,	 which	 posted the	 false	

credentials	 of	 Narconon	 International-approved	 Marcel	 Gemme,	 despite	 its	

expiration	in	2009.

133. Defendant	 James	 “Jim”	Woodworth	 advertises himself	 as	 C.C.D.C.	 on	

several	websites,	despite	the	fact	that	his	certification	expired	on	March	30,	2013.

134. Defendant	 Carl	 Smith,	 through	 the	 apparently	 unregistered	 and	

unincorporated	 entity	 Defendant	 International	 Academy	 of	 Detoxification	

Specialists,	owns	and	operates	the	website	www.nydetox.org,	which	posted the	false	

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credentials	of	Defendant	 Jim	Woodworth	as	C.C.D.C.,	despite	its	expiration	in	early	

2013.

135. Former	 Narconon	 International	 President	 and	 CEO	 Defendant	 Clark	

Carr	 (“Carr”),	 through	 Defendant	 Narconon	 International,	 advertised himself	 as	

C.C.D.C.,	when	in	reality	his	certification	expired	on	November	30,	2012.	

136. Additionally,	Carr	began	advertising	himself	as	a	C.C.D.C.	at	least	four	

(4)	months	prior	to	his	initial	NAFC	certification.

137. Carr	 falsely	advertised	himself	as	a	C.C.D.C.	in	an	article	published	in	

the	San	Francisco	Editorial	prior	to even	applying	for	his	C.C.D.C.

138. Narconon	 International-approved	 Defendant	 Kathy	 Dion	 falsely	

advertised herself	as	C.C.D.C.,	despite	her	expiration	on	February	28,	2009.

139. In	 2014,	 Defendant	 ABLE,	 which	 is	 the	 parent	 entity	 of	 Narconon	

International,	 published	 an	 issue	 of	 “Solutions”	 magazine,	 which	 included	 an	

interview	 with	 Defendant	 Dion	 and	 falsely	 credits	 Defendant	 Dion	 as	 being	 a	

Certified	Chemical	Dependency	Counselor,	despite	her	expiration	in	February	2009.

140. The National	 Board	 of	 Addiction	 Examiners	 (“NBAE”)	 has	 not	

functioned	since	2006	and	which	never	accredited	facilities	or	programs	as	a	whole.

141. NBAE	was	a	short-lived	sub-board	under	NAFC,	which	was	developed	

to	assist	in	the	management	of	addiction	certifications.

142. NBAE	was	 created	 on	March	 25,	 1996	 and	 dissolved	 on	October	 18,	

1999.

143. NBAE	 continued	 as	 a	 specialty	 subdivision	 under	 NAFC	 until	 2006	

when	it	was	completely	eliminated.		

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144. For	 one	 year	 NAFC	 honored	 the	 NBAE	 certificates	 until	 2007	 when	

new	 certificates	 were	issued	 upon	 a	 member’s	 renewal	 and	 the	 NBAE	 certificates	

were	phased	out.

145. Defendant	 ABLE	 is	 a	 Scientology	 organization	 formed	 to	 expand	 all	

Scientology	activities	and	organizations	within	a	particular	continental	area,	which,	

relevant	 hereto,	 involves	 promotion	 of	 the	 drug	 rehabilitation	 fields,	 such	 as	 the	

Narconon	Network.

146. Upon	information	and	belief,	RTC	and	ABLE	strictly	control	Narconon	

International	as	an	arm	of	the	Defendant	Church	of	Scientology	International.

147. In	 order	 to	 promote	Defendants	 Church	 of	 Scientology,	 RTC	 and	 the	

Narconon	 International-controlled	 Narconon	 Treatment	 Centers,	 Miscavige	 spoke	

during	 an	 event	 transmitted	 via	 satellite	 from	 a	 packed	 Ruth	 Eckerd	 Hall	 in	

Clearwater,	Florida	concerning	the	NBAE	certifications,	falsely	claiming:

a. That	 the	 NBAE	 certifications	 are	 a	 necessary	 prerequisite	 for	

counselors	to	obtain	insurance	and	state	or	federal	funding;

b. That	 NBAE	 was	 influenced	 by	 the	 L.	 Ron	 Hubbard	 drug	 rehab	

technology;

c. That	 Narconon	 International	 executives	 have	 been	 accepted	 to	 the	

NBAE;	

d. That	Narconon	International	executives	have	the	authority	to	provide	

drug	certifications;

e. That	 Narconon	 International	 staff	 briefed	 the	 NBAE	 on	 L.	 Ron	

Hubbard’s	drug	rehab	 technology	and	how	 their	staff	are	 trained	- it	

changed	NBAE’s	whole	“think”;	and

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f. That	 the	 training	 in	 L.	 Ron	 Hubbard’s	 technology	 at	 Narconon	

International	now	officially	replaced	all	college	training	requirements.

148. In	 2012	 and	 2013,	 Defendants	 were the	 subjects	 of	 negative	 media	

attention	 as	 a	 consequence	 of	 lawsuits	 that	 have	 been	 filed	 against	 Defendants’	

Narconon	 International-controlled	 Treatment	 Centers	 due	 to	 deaths	 of	

residents/patients	and	raids	by	the	government.

149. Narconon	 International-controlled	 Defendant	 Narconon	 Georgia	 was	

raided	and	shut	down	by	the	local	authorities,	yet	improperly	used	the	NAFC	logo	on	

its	 website	 without	 consent	 as	 recently	 as	 September	 3,	 2013,	long	 after	 the	 raid,	

revocation	and	NAFC’s	cease	and	desist	letter.

150. Defendants	Narconon	International,	ABLE,	Friends	of	Narconon,	RTC,	

and	Church	of	Scientology	International	exert	control	over	and	are	actively	engaged	

in	 the	Narconon	 Treatment	 Centers,	 the	Narconon	 Referral	 Entities	 and	 the	 other	

individual	 Defendants	 to	 promote	 the	 Narconon	 Network	 through	 the	 misuse	 of	

NAFC	logos,	trademarks,	and	certifications.

151. The	 NAFC	 logos	 and	 designations	 are	 willfully	 used	 by	 individual	

Defendants	and	Narconon	Treatment	Centers	to	bolster	the	credibility	of	Narconon	

International	via	the	Narconon	Treatment	Centers	and	counselors	in	order	to	draw

in	more patients	and	increase profits at	the	expense	of	Plaintiffs.

152. Plaintiffs	learned	 about	Defendants’	 common	 plan	 and	 unauthorized	

use	of	the	certifications,	logos,	Mark, and	links in	2013.

153. As	a	consequence	of	Defendants’	actions,	the	NAFC	certifications	have	

been	devalued	 to	 the	public,	 the	State	registration	boards,	 the	national	boards	and	

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the	 national	 authorities,	 including	 causing	 serious	 questions	 concerning	 the	

independence	of	NAFC.

154. As	 a	 consequence	 of	 Defendants’	 actions,	 Plaintiffs	 have	 suffered	

significant	 financial	 and	 reputational	 damages	 while	 Defendants	 have	 obtained	

significant	financial	and	reputational	benefit.

CAUSES	OF	ACTION

I. FEDERAL	TRADEMARK	INFRINGEMENT

155. Paragraphs	 1	 through	 154 are	 hereby	 incorporated	 by	 reference	 in	

their	entirety.

156. Defendants’	 uses	 of	 NAFC’s	 Mark,	 Logo	 and	 Certifications	 on	

Defendants’	websites	and	in	Defendants’	publications	are	unauthorized.

157. Defendants’	 unauthorized	 uses	 of	 NAFC’s	 Mark,	 Logo	 and	

Certifications	 are	 likely	 to	 cause	 confusion,	 mistake	 and/or	 deception	 as	 to	 the	

source,	affiliation,	sponsorship	and/or	authenticity	of	Defendants’	qualifications.

158. As	 a	 result	 of	 Defendants’	 unauthorized	 uses,	 the	 public	 is	 likely	 to	

believe	Defendants	are	approved	by	or	affiliated	with	NAFC.

159. As	a	result	of	Defendants’	unauthorized	uses	and	Defendants	negative	

media	attention,	NAFC’s	Certification	and	status	in	the	industry	have	been	damaged.

160. Defendants’	infringement	on	NAFC’s	trademark	is	willful,	intended	to	

reap	 the	 benefit	 of	 the	 goodwill	 and	 reputation	 of	 NAFC	 to	 serve	 Defendants’	

ultimate	 purposes,	 and	 violates	 Section	 32(1)	 of	 the	 Lanham	 Act,	 15	 U.S.C.	 §	

1114(1).

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161. As	 a	 consequence	 of	 Defendants’	 willful	 and	 wrongful	 conduct,	

Plaintiffs	have	suffered,	and	will	continue	to	suffer,	substantial	damages.

162. Pursuant	 to	 15	 U.S.C.	 §	 1117(a),	 Plaintiffs	 are	 entitled	 to	 recover	

damages,	which	include	any	and	all	profits	Defendants	have	made	as	a	result	of	their	

wrongful	conduct.

163. Defendants’	 wrongful	 conduct	 was	 willful	 under	 the	 Lanham	 Act,	

therefore	Plaintiffs	are	entitled	to	treble	damages	pursuant	to	15	U.S.C.	§	1117(b).

164. Alternatively,	 Plaintiffs	 are	 entitled	 to	 statutory	 damages	 for	 each	

misused	Mark	pursuant	to	15	U.S.C.	§ 1117(c).		

165. Because	 this	is	an	exceptional	case	 of	Defendants’	wrongful	conduct,	

Plaintiffs	are	entitled	to	attorney’s	fees	pursuant	to	15	U.S.C.	§	1117(a).

II. COMMON	LAW	TRADEMARK	INFRINGEMENT

166. Paragraphs	 1	 through	 165 are	 hereby	 incorporated	 by	 reference	 in	

their	entirety.

167. Plaintiffs	have	common	law	rights	in	the	NAFC	Certifications	and	Logo	

based	 on	 their	 continuous	 use	 of	 the	 same	 throughout	 the	 United	 States	 in	

connection	with	the	certification	of	individual	counselors.

168. Defendants’	 unauthorized	 uses	 of	 NAFC’s	 Certifications	 and	 Logo	 to	

promote	 their	 facilities	 and	 staff	 are	 likely	 to	 cause	 confusion,	 mistake	 and	

deception	to	the	public	as	to	the	qualifications	of	Defendants.

169. Defendants’	unauthorized	uses	of	NAFC’s	Certifications	and	Logo	with	

no	 connection	or	 affiliation	 with	NAFC	 and/or	 ACCFC	 and	 without	NAFC’s	 and/or	

ACCFC’s	consent	causes	irreparable	harm	to	Plaintiffs.

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170. Despite	 Defendants’	 actual	 and	 constructive	 knowledge	 of	 Plaintiffs’	

ownership	 and	 prior	 use	 of	 the	 NAFC	 Certifications	 and	 Logo,	 Defendants	 have	

continued	using	them	without	consent.	

171. Defendants’	 actions	 are	 deliberate,	 willful	 and	 have	 been	 done	 with	

the	intention	 of	 trading	 upon	 the	 valuable	 goodwill	 and	 reputation	 of	 Plaintiffs in	

order	to	gain	profit.

172. As	 a	 consequence	 of	 Defendants’	 actions,	 Plaintiffs	 have	 suffered	

injury	and	loss.

III. FEDERAL	INFRINGEMENT	PURSUANT	TO	15	U.S.C.	§	1125

173. Paragraphs	 1	 through	 172 are	 hereby	 incorporated	 by	 reference	 in	

their	entirety.

174. Defendants’	 marketing,	 promotion,	 and	 offering	 of	 services	 while	

using	the NAFC	Certifications,	Marks	and	Logo	constitute	false	designations	of	origin	

and	 false	descriptions	 or	 representations	 that	Defendants	 services	are	certified	 by	

NAFC	and/or	ACCFC,	when	in	fact	they	are	not.

175. Such	 conduct	 causes	 confusion,	 mistake	 and	 deceives	 the	 public	

concerning	 the	 existence	 of	 an	 affiliation,	 connection	 or	 association	 between	

Defendants	and	Plaintiffs,	when	in	fact	there	is	none.

176. Defendants	 misused	 NAFC’s	 Certifications,	 Marks	 and	 Logos	 in	

commercial	advertising	and	promotion	concerning	Defendants’	services.

177. As	a	result	of	Defendants’	unauthorized	uses	of	NAFC’s	Certifications,	

Marks	and	Logos,	Plaintiffs	have	suffered	and	will	continue	to	suffer	damages.

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178. Defendants’	 conduct	 is	 willful,	 intended	 to	 reap	 the	 benefit	 of	

Plaintiffs’	goodwill and	reputation,	and	violates	Section	43(a)(1)(A)	of	 the	Lanham	

Act,	15	U.S.C.	§1125(a)(1)(A).

IV. CIVIL	CONSPIRACY

179. Paragraphs	 1	 through	 178 are	 hereby	 incorporated	 by	 reference	 in	

their	entirety.

180. Defendants	intentionally	engaged	in	a	common	plan	to	utilize	NAFC’s	

Certification,	 Mark	 and	 Logo	 to	 attract	 customers	 to	 Defendants’	 drug	 treatment	

facilities,	thereby	increasing	profits	for	the	Narconon	Network.

181. Defendants	 were	 aware	 of	 the	 common	 plan	 and	 the	 common	

purpose:	 to	 receive	 acclaim	 in	 the	 industry,	 attract	 additional	 customers, and	

consequently	profit	based	on	the	use	of	the	NAFC	Certifications,	Mark	and	Logo.

182. Defendants	 acted	in	 concert,	 agreed	 and	 cooperated	 to	 achieve	 such	

misuse	and	each	took	affirmative	steps	to	encourage	the	achievement	of	their	plan.

183. As	 a	 direct	 and	 proximate	 result	 of	 Defendants’	 conspiratorial	

conduct,	Plaintiffs	have	suffered	irreparable	harm	and	loss.

V. REQUEST	FOR	INJUNCTION

184. Paragraphs	 1	 through	 183 are	 hereby	 incorporated	 by	 reference	 in	

their	entirety.

185. Based	 on	 Defendants’	 actions	 as	 stated	 herein	 and	 Defendants’	

continued	 misuse	 of	 the	 NAFC	 Certifications	 and	 Logo,	 Plaintiffs	 are	 at	 risk	 for	

further	damages.

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186. Plaintiffs	request	a	preliminary	injunction	to	command	Defendants	to	

refrain	 from	 using	 NAFC	 Certifications	 and/or	 Logo	 that	 are	 the	 subject	 of	 this	

litigation.

187. If	Defendants	 continue	 their	actions,	 Plaintiffs	will	 suffer	irreparable	

harm.

188. Plaintiffs	 request	 a	 preliminary	 injunction	 stay	 in	 place	 during	 the	

pendency	of	this	litigation.

189. Plaintiffs	 additionally	 request	 a	 permanent	 injunction	 preventing	

Defendants’	use	of	the	NAFC	Certifications	and	Logos.

190. Plaintiffs	have	no	adequate	remedy	at	law	 for	Defendants’	continued	

wrongful	conduct	because,	among	other	things:

a. NAFC’s	 Mark,	 Certifications	 and	 Logo	 are	 unique	 and	 valuable	

property	which	has	no	readily	determinable	market	value;

b. Defendants’	 infringement	 constitutes	 harm	 to	 Plaintiffs	 such	 that	

Plaintiffs	could	not	be	made	whole	by	any	monetary	award;

c. If	 Defendants	 are	 allowed	 to	 continue	 such	 misuse,	 the	 public	 will	

likely continue	to	become	further	confused,	mistaken	and	deceived	as	

to	the	qualifications	of	Defendants;	and

d. Defendants’	 wrongful	 conduct	 and	 resulting	 damage	 to	 Plaintiffs	 is	

continuing.

e. Pursuant	 to	 15	U.S.C.	 §§	 1116(a),	 Plaintiffs	 are	 entitled	 to	injunctive

relief.

CONCLUSION

WHEREFORE,	Plaintiffs	National	Association	of	Forensic	Counselors,	Inc.	and	

American	Academy	of	Certified	Forensic	Counselors,	Inc.	d/b/a	American	College	of	

Certified	 Forensic	 Counselors,	 Inc.	 respectfully	 pray	 the	 Court	 for	 judgment on	

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Plaintiffs’	 claims,	 compensatory,	 statutory,	 and	 punitive	 damages	 in	 excess	 of	

$75,000.00	and	to	the	full	extent	of	a	law,	an	injunction	preventing	the	unauthorized	

use	 of	NAFC	 certifications,	 designations,	 and	logos,	 attorney’s	 fees,	 costs,	 pre- and	

post-judgment	interest	and	such	further	relief	as	the	Court	deems	just	and	proper.

Respectfully	submitted,

SAEED	& LITTLE, LLP

		s/	Jessica	Wegg

Jessica	Wegg,	No.	28693-49

Saeed	&	Little,	LLP

1433	N.	Meridian	St.,	Suite	202

Indianapolis,	IN	46202

(317) 721-9214 Phone

(888) 422-3151	Fax

Jessica@sllawfirm.com

Attorneys	for	Plaintiffs	National	

Association	of	Forensic	Counselors,	Inc.	and	

American	Academy	of	Certified	Forensic	

Counselors,	Inc.	d/b/a	ACCFC	of	Certified	

Forensic	Counselors

Jury	Trial	Demanded

Attorney	Lien	Claimed

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