Other Matters #2
Posted July 26 2010
Below, we post
two letters for perusal by our readers. The first letter addressed to relevant
GBC members, expresses the concerns of temple devotees for the “Legal compliance issues” affecting administration, and
subsequent removal of the
Some facts first:
Not
so long ago, the Temple President (TP) involved, was questioned by Australian
Federal Police (AFP) in regards to a money laundering scam. We are not accusing the TP of any willful
wrongdoing. In fact, he claimed he was
unaware that the tax umbrella (of which he is the chief architect) was being
abused by criminals claiming to be members trying to help ISKCON. The AFP accepted his story, backed by
ISKCON's GBC, and also taking into account the absence of any previous criminal
record, along with his involvement in the (ever helpful) FFL program and other
community services, he was given a rap on the knuckles by the AFP, and a
warning. What the AFP did not know was that the TP had donated eighty thousand
dollars to the GBC as part of their cut in the laundering scam. The GBC had come
rushing and gushing in defense of the TP before any investigation could reveal
the money trail leading to them.
In
the GBC's reply to the devotees proposal, we will see how embedded the GBC is
with its own elected administrators. With full knowledge of the incident
mentioned above, and with further indications given by the devotees in regards
to ongoing illegalities, the GBC chose to fob of the proposal, giving the TP
final say on whether he retain his position or resign. We know now that the TP
tendered his resignation, which was accepted at the 2010 GBC meetings, but only
to facilitate his administrative duties as a Regional / Zonal Secretary. Further, we notice in the GBC response, that
there is sentiment “to allow him the opportunity to remain involved on some
level”. Our belief is that the level
implied is none other than the dizzy vertex of tax-exemption, which came under
direct threat by the proposal and its intent to introduce
auditors.
Here is the proposal:
From: Sitapati das / Joshua J Wulf
<sitapati@worldsankirtan.net>
Date:
To: Ramai Swami
<ramai.swami@iskcon.org.au>, Prabhavisnu Swami
<prabhavisnu.swami@pamho.net>, Devamrita Swami
<devamrita.swami@pamho.net>
Cc: Tirtharaj Das
<tirtharaj@iskcon.org.au>, Param Satya <param.satya@gmail.com>,
AdiKesava <adikesavadasa@yahoo.com.ar>, Shreeji Australia
<shreeji@in.com.au>
Subject:
Notes in square brackets [] are not part of the proposal, but form
supporting documentation.
========This proposal is confidential for 14 days or until the GBC has
rendered an official verdict========
TO:
H.H. Ramai Swami
H.H. Prabhavishnu Swami
H.H. Devamrita Swami
H.G. Tirtharaj Prabhu
Re: ISKCON
Dear Prabhus,
Please accept my humble obeisances. All glories to Srila
Prabhupada.
Here is our proposal for taking responsibility for the situation of
ISKCON Brisbane.
--Composition of the Nucleus Leadership
Team--
From this nucleus leadership team we will build out specific leadership
teams to deal with the various aspects of the yatra's operation. The managers of
Govindas, Govindas Stones Corner, and Krishnas Cafe will report to this
leadership team initially.
--Audit of current structure of ISKCON
Brisbane--
We require a structural audit of the current legal and accounting
structures of ISKCON Brisbane and its related legal and accounting entities,
both commercial and non-commercial. This audit will be performed under a legally
binding Non-Disclosure Agreement (NDA), which will apply to the auditors, and to
the new leadership team.
The purpose of this audit is three-fold:
1. Legal compliance issues - Legal and Moral
Liability
There are a number of areas where ISKCON Brisbane may need to make
adjustments to bring its operations into legal compliance. The new leadership
team need to be aware of these areas. They are assuming legal and moral
responsibility for the legal and ethical operation of ISKCON Brisbane, and this
must be entered into with full disclosure.
2. Legal compliance issues - Regularization
It will not be possible to construct a strategy to bring the
organisation into legal compliance without this
audit.
3. Managerial control and oversight
We need to be aware of the nature and degree of alignment of the legal
and accounting structures with the formal leadership structure, and address
areas where there is a wide discrepancy.
Why under NDA?
It is possible that the structural audit will reveal areas where action
is required to bring operations into legal compliance. This information could be
prejudicial to the organisation. It is also possible that information from the
audit could be taken out of its wider context and used to prejudice particular
individuals.
In the business world the confidentiality and the appropriate use of
information such as this is governed through a combination of professional codes
of conduct, conditions of employment contracts, a culture of business
confidentiality and legally binding non-disclosure
agreements.
In the case of ISKCON we do not have an established professional
management culture; nor employment contracts; and the management role is
executed in an unclearly-defined space between public, professional, and
personal life. In this situation we believe a legally binding non-disclosure
agreement on the outcome of the audit provides the best framework for this
information to be used to bring the operation of ISKCON Brisbane into legal
compliance.
[Due to the sensitive nature of this audit, if this proposal is accepted
this section will be confidential. In the event the proposal is rejected, this
section will be publicly disclosed in the interest of fully disclosing our
submission to the community.]
--Structure of ISKCON
We require that ISKCON Brisbane
be created as a legally registered entity in
--Role of Tirtharaj Prabhu--
We wish to thank Tirtharaj Prabhu for his many years of service to
ISKCON Brisbane. He has served the community for a long time, and has now gone
on to increase his service to ISKCON in other
capacities.
Therefore we propose that, in
the interests of moving the community forward, Tirtharaj Prabhu be given the
post of "Temple President Emeritus", and that he retire from executive
leadership in
Key persons within the community
are unwilling to support this proposal if it includes Tirtharaj Prabhu in any
formal, legal, or executive capacity in the new leadership team. Previous
experience has taught us that rehabilitation of a yatra is next to impossible
without the support of the existing community. If it is a requirement that
Tirtharaj Prabhu remain in an executive role in
[Out of respect for Tirtharaj Prabhu's sincere and dedicated service to
the yatra and to ISKCON, if this proposal is accepted the above paragraph will
be confidential. In the event the proposal is rejected, this paragraph will be
publicly disclosed in the interest of fully disclosing our submission to the
community]
-- Current State of
The current state of the community is critical. Widespread passive
disengagement (withdrawal of support) has transformed to active disengagement
(actively working and organising against the current organisation). ISKCON is
facing the very real threat that any potential "legal compliance issues" become
real issues, and also the looming appearance of a breakaway temple. If the
situation is not addressed in a timely fashion and to an appropriate degree
these two outcomes have a high, and increasing
probability.
This proposal is an action plan that aims to minimise the likelihood of
these outcomes.
[Due to the potentially prejudicial nature of this assessment, if this
proposal is accepted this section will be confidential. In the event the
proposal is rejected, this section will be publicly disclosed in the interest of
fully disclosing our submission to the community.]
--Negotiability--
This proposal treads a fine line, balancing the concerns and needs of
community members with the traditional managerial structure of ISKCON. It has
been developed to create a working plan which has the support of the proposed
management staff, as well as key members of the community, while remaining
within the managerial framework of ISKCON. For it to be viable and have an
actual mandate from the community, all the points outlined must be accepted.
Details, such as the nature of the new legal entity, specific timing of the
audit, and financial and legal arrangements etc. will need to be negotiated. In
order for the proposal to be viable, the outcome of these negotiations must be
something that the community will support, that the proposed managers feel is
viable for them to execute, and that satisfies the regulatory requirements of
the GBC.
--Timeframe--
This proposal has support for 14 days, and we anticipate your response
within that timeframe. During that period the general community will be informed
that a proposal is with the GBC for consideration, but the terms of the proposal
and discussion regarding it will remain confidential. After 14 days, or the
delivery of a verdict by the GBC, the terms of the proposal will be made
available to the community.
in service,
- Sitapati das
…..And here is the GBC response:
From: "Prabhavisnu Swami"
<Prabhavisnu.Swami@pamho.net>
Date:
To: "Devamrita Swami"
<Devamrita.Swami@pamho.net>, "Ramai Swami"
<ramai.swami@iskcon.org.au>, "Sitapati das / Joshua J Wulf"
<sitapati@worldsankirtan.net>
Cc: "AdiKesava"
<adikesavadasa@yahoo.com.ar>, "Param Satya" <param.satya@gmail.com>,
"Shreeji
Subject:
Dear Sitapati prabhu,
Please accept my humble obeisances. All glories to Srila
Prabhupad!
The GBC Zonal Secretaries for
management of the
following grounds.
1)You propose setting up a new legal entity
-
"We require that ISKCON Brisbane be created as a legally registered
entity
in
institution. All legally compatible portions of the existing ISKCON
operation
will be migrated to this new entity, and other portions may be migrated
as
part of the legal compliance roadmap if they can be made legally
compliant within
the new structure, or else wound down or spun
off."
This would require extensive discussion on the level of the National
Council
and would also require that the Property Trustees and presently
registered
ISKCON in
2)There is no role for Tirtharaj prabhu in this
proposal.
Tirtharaj prabhu has stated his determination to remain as TP until the
2010
Australian AGM, which will be held in late May, just over a month from
now.
At that time he has stated that he will propose Adi Kesava as the new TP
and
will himself resign from the post, while continuing as Regional
Secretary.
Under ISKCON law removal of a
long procedure of various levels of disciplinary action (which could
take
months or even years) and we do not find sufficient grounds for the
same.
Tirtharaj prabhu has been
involved in
and we feel that it is only fair to allow him the opportunity to
remain
involved on some level, even though he now has extensive responsibilities
in
ISKCON elsewhere also as a Regional or Zonal
Secretary.
3)You have proposed Adi Kesava as the President, but he does not appear
to
have fully agreed with the details of your proposal before you sent it
out.
We thank you very much for taking the time to come up with this proposal
and
we appreciate the concern for ISKCON Brisbane that you and your good
wife
have shown in putting this together. Due to the above reasons, however,
we
have decided to allow the present management to continue until the AGM,
at
which time the matter of
decision taken as to the future direction.
We hope this meets you and your wife in good health and Krsna
conscious
mood.
Your servants,
Ramai Swami
Devamrita Swami
Prabhavisnu Swami
SP…..”….a sannyasi has to
be alone without any support or guarantee of support, he has simply to depend on
the mercy of the Supreme Personality of Godhead……..A sannyasi is supposed to beg
from door to door for his livelihood,..
Conclusion:
Contrary to popular belief, ISKCON's survival is not dependant on
the loose change of its congregational members. It would be extremely naïve to
believe so. We watched closely, in the early days, as GBC elected administrators
worked feverishly to conform to government standards granting a tax-free status.
Once recognized as a no-profit / tax-exempt organization, the doors to personal
enterprise and wealth were opened only to the ‘inner circle’, and those in a
position to exploit it. However, shelter under ISKCON’s tax-exempt- umbrella
involves percentages, as noted in the revelations above. Devotees would much
rather pay taxes to “Krisna’s representatives”, who are preaching God
consciousness, than to a “godless” govt., so the doors were left slightly ajar
for the ‘aspiring devotees’; all facility being extended on a need to know
basis.
In
confession: we did not only agree with the persuasions expressed above, we also
became a practitioner in its’ procedures. However, when we noticed that
sannyasis and gurus were dabbling in real estate and possessed bank accounts,
credit cards and motor vehicles, we could not help but wonder what a government
auditor would find hidden under ISKCON’s tax-ex
umbrella.
It is with absolute certainty we assert that Iskcon’s Achilles heel does not lie in the ‘guru issue’ or the ‘poison issue’ or its policies of governance, but in the undeclared wealth of its’ yellow, turmeric garbed, gurus and sannyasis.......Bring on the auditors.
Thanking You
BIF
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