A.

The Interpreter Selected by the Prosecutor
Was Not Qualified to Interpret Testimony
Presented in Formal Grand Jury Proceedings

13

B.

The Prosecutor Proceeded With the Indict-
ment and Prosecution of Mr. Kamiyama,
Although He Was Aware That Mr. Mochizuki's
Interpretation Did Not Accurately Reflect
the Substance of Mr. Kamiyama's Testimony

C.

2.

Clearly Indicated that Mr. Mochizuki's
Interpretation Was Deficient in
Several Major Respects.

The Translation of Mr. Kamiyama's
Testimony Prepared by the Court-
Appointed Translator Put

Mr. Flumenbaum on Notice That
Mr. Mochizuki's Interpretation Was
Inadequate

30

3.

The Government's Intentional Use of
a Second Grand Jury to Hear a
Significant Portion of Mr. Kamiyama's
Testimony Precluded a Meaningful
Decision by the Indicting Grand Jury
Regarding Mr. Kamiyama's Credibility

The Original Interpreter's Rendition of
Mr. Kamiyama's Testimony Was Substantively
Inaccurate and Inconsistent With Other
Translations Prepared for the Government
and the Court

34

39

41

D.

The Additional Charges Resulting from the
False Swearing Counts Permitted the
Government to Expand the Scope of its
Proof at Trial to Include Highly Inflam-
matory Material Concerning the Religious
Practices of the Unification Church

69

E.

..

The Government's Improper False Swearing
Charges Against Mr. Kamiyama Were Supported
With Equally Contrived Allegations Per-
taining to Certain Church Financial
Documents

74

Oversight Hearing on Religious Liberty
Before the Subcommittee on the Constitution
United States Senate Committee on the Judiciary

in the record on behalf of the Unification Church of

America. Those comments, filed August 15, 1984, in response
to an invitation extended by Senator Orrin G. Hatch at the
conclusion of the Subcommittee's hearing on current issues
in religious liberty, addressed the Federal tax prosecution
of Reverend Sun Myung Moon ("Reverend Moon"), spiritual
leader of the Unification Church of America and the
worldwide Unification Church movement, and the implications
which that prosecution held for the future of religious
liberty in the United States. Based in part upon evidence
of juror prejudice and prosecutorial misconduct, this
initial submission asserted that Reverend Moon's prosecution

2

2

had been handled in an unfair manner and that the

proceedings against Reverend Moon resulted in an attack upon the Unification Church itself, questioning both the validity of its theological tenets and the professed faith of its numerous adherents. No information has been discovered to date which would contradict this impression. Such comments, accordingly, continue to reflect the viewpoint of the

Unification Church of America.

Additional comment, however, is warranted by the circumstances surrounding the prosecution of Reverend Moon's co-defendant, Takeru Kamiyama ("Mr. Kamiyama"). Such circumstances lend further support to the disturbing conclusion that the criminal proceedings at issue herein failed to comport with minimal standards of normal and substantive justice and that these proceedings were motivated and sustained whether consciously or not by the improper influence of religious intolerance and bigotry. Mr. Kamiyama's prosecution appears to have ended in a broader effort to harrass and convict Reverend Moon. The charges leveled against Mr. Kamiyama, thus, provided a putative basis for the introduction of highly prejudicial evidence concerning the religious practices of the Unification Church at the parties' joint trial. In this manner, Mr. Kamiyama's ordeal directly involves the vital issues of religious freedom, constitutional right and proper

3

functioning of the judicial system, which are the concern of

this Subcommittee.

BACKGROUND AND SUMMARY

Takeru Kamiyama, whose prosecution is described in detail below, is and has been for some years, one of Reverend Moon's closest associates.

1/

A longstanding member

of the Unification Church, Mr. Kamiyama served as a financial adviser to the International Unification Church during the years covered by the Internal Revenue Service's Federal tax investigation and the prosecution described 2/ herein.

Mr. Kamiyama is a native Japanese. At the time he 3/ arrived in the United States, he could not speak English. He therefore managed the day to day administrative functions of the Unification Church with the aid of several American assistants. Similarly, at the time of his prosecution, Mr. Kamiyama could not communicate in English. Because of his extensive knowledge of the financial affairs of the

1/

Before coming to the United States in November 1972, Mr. Kamiyama served on the Board of Directors of the Unification Church of Japan and held the position of Director of one of that organization's twelve geographical regions.