Ordo Templi Orientis
Copyrights
'Caliphate' Capers
The following post was not written by Peter-R. Koenig, but by
Anthony Naylor before he lost his case against the
'Caliphate'. It's based on a text by James Graeb
For the first time, 15 years after they elected their 'Caliph', the
voting Ninths are called by James
Graeb IX° and Head of the XI° to meet again. At the same
place: the Holiday Inn in Concord, California, on August 5, 2000.
Appendix July 4th: due to the online
posting of this website, the meeting was postponed until Spring 2001
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The following topics of concern were be discussed:
- Amendment of the Bylaws according to Californian Law
- Re-assurement that William Breeze was elected the 'Caliph'
and not OHO.
Can the IX° (who elected Breeze) be considered to overrule
the OHO in confirming/disapproving initiation into the hermit triad?
Only the peer-group of the X° can vote in or out the OHO. Breeze could
have been X° but he passed that on to David Scriven in 1996. So what authority does Breeze
rightfully have as no convocation of X° voted upon him as OHO?
- A close observation of the pending legal case 'Caliphate' vs.
Naylor, especially the role of William Breeze, William Heidrick and
Marcus Jungkurth.
It is amazing the level of distrust that is rampant between Breeze and his Trustees. Breeze did not inform the IX° or provide them with documentation of the Court case vs. Naylor. It was Naylor who provided the information. Who can imagine having to obtain legal information from the opposing side? It does say a great deal about Mr. Symonds' and Mr. Naylor's character in that they were willing to share the information.
- Definition of the relationship between the O.T.O. and
A.·. A.·.
Does Breeze think that both Orders are connected through the
XI°, like Motta did?
- Discussion of the Order's international policy
What happened since Grady Louis McMurtry's death in 1985?
The affairs of his O.T.O. and the Bylaws have been
so radically changed ad nauseum, and numerous surprising items "voted
in" that even those in the Upper Degrees are ignorant of all the changes
(having never received any written updates, etc.).
- The 'Caliphate' is involved in endless law suits
- The incorporation is invalid and in open violation of the law
- Directors of bodies must be elected every 4 years by the voting members (i.e. IX°s) according to Californian Law. Breeze, Heidrick and Jungkurth (the
Supreme Council) are not empowered to act as directors (Californian
Corp. Code §§ 7210 et seq.)
- Directors cannot be appointed or removed at will by the Chief
Executive Officer
- An independent Board of Directors must exist
- Lack of procedural safeguards regarding membership. Code §§
7340 et seq. of the California Corp. demands "fair play" for accused
members. Decisions and information must be open. In the
past, requesting these led to immediate suspension (violation of Code §§
8310-8338)
- Self Dealing and Ultra Vires.
Self Dealing: Breeze as an editor of Crowley books makes a living doing
so. This is against the corporation as a non-profit body.
Ultra Vires: The Corporation must have the voting
members to elect a Board of Directors, which in its turn will elect
the officers. Breeze, Heidrick and Jungkurth acted without approval: they made
themselves personally responsible and liable under civil law for the
lost or spent monies.
Combination of Self Dealing and Ultra Vires is both a criminal and
civil act: California Corp. Codes §§ 6810 et seq. 28 U.S.C.
§ 4942 et seq.
- All grades of VII° or less have been transferred to OTO-USA
(to the respective National corporation for a given country). This
formality resulted from the movement of "Grand Lodge" or the Hermit
Triad outside the control of the O.T.O.-USA. Since all members of the
Grand Lodge were not allowed to be members of O.T.O.-USA they
automatically remained members of O.T.O. (now termed International).
All members of the first two triads remained Lodge-bound to the newly
formed USA Corporation.
In other words: if a Minerval assumes themselves to be a member of the 'Caliphate', (s)he only is a member of the
local/national body but not O.T.O. International = 'Caliphate'
(i.e. VII° or less in England is a member of Ordo Templi
Orientis Limited: an English Limited Liability company with a different
legal identity) while the 'original Caliphate' only has VIII° and IX° degrees: this O.T.O. has simply 25 members (sole VIII° and IX° are true
members of the O.T.O.)
- The 11 Elector Ninths are blocked (the actual number of IX°s is 15)
- Role of the IX° body: should it confirm VII°,
VIII°, X° and XI° appointments?
The X° is elected by the locality's IX°. Beyond this it is up to each
branch of the O.T.O. but Breeze has blown this away as well. He appointed
David Scriven himself, not elected or not voted upon generally. Breeze
was elected by a group of IX°.
- XI° is
blocked
- EGC has been dissolved
The separate incorporated church group of the EGC was dissolved
and absorbed by the O.T.O. Inc. An EGC had been established as a
separate legal entity when McMurtry did not know if he would win the Motta
lawsuit in 1985 as a means of not losing everything. Breeze dissolved
it as no longer being necessary.
- 'Banned organizations' and individuals: Any other than
Motta's A.·. A.·. is prohibited, also the Temple of
Thelema, H.O.O.R. and S.O.T.O. — There is a (unofficial) rule that
prohibits any member of the 'Caliphate' from entering the V° (or above)
who belongs to such a "Banned Organization"
Contact with P.R. Koenig "is grounds for Order-wide bad
report" ==> censorship
- Long-standing members have been suspended or expelled
Ben Fernee VII°, Marcelo Santos who quit
FSR by himself (Frater Superior Representative is a title that makes
you as responsible as a Xth, but you do not have the degree),
Jerry E. Cornelius VIII°, James Graeb IX°
Graeb spoke with Naylor and was suspended.
Other IX°'s such as Heidrick and Clive Harper have been in
communication with Naylor as well but they weren't expelled
or suspended. Quote Breeze to Graeb: "But
the present suspension is for good cause. The cause is your letter to
Anthony Naylor of Mandrake Press."
- The archive has been transferred out of the US and beyond US
jurisdiction. This is against California Corporation Code §§
7910 et seq.: The IX° are the trustees and legally responsible for the
assets.
Breeze is in Berlin where a German Court Case found that there is
no legal identity
for the 'Caliphate' according BGHst 6, 186
- Oaths and rituals have changed
Further reading :
O.T.O.-USA and O.T.O. are both incorporated as "501c(3)" under the
"religious" category. You can get some information about them both
at http://www.guidestar.org/ ==>
search 'Ordo Templi Orientis'
The OTO itself, mother corp, CA Corp # is CO914362
Federal Employer Identification Number is EIN #33-0715197
It has $0 Asset and $0 Income as "This organization is not required
to file an annual return with the IRS because it is a church"
The O.T.O.-USA is also listed with the same description but with
EIN#33-0715197
The IRS registration is for Religion but the CA Corporate
Registration WAS NonProfit Public Benefit although may have been
recently changed after James Graeb's letter was issued on 2nd June
2000
Note: If this status was changed then Breeze was acting unlawfully in
the past and under the new status he cannot now be ratified (i.e. his
position is no longer elected).
Date of this posting: End of June 2000
Anthony Naylor lost his case against the 'Caliphate', see links below.
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