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Fifth Amendment Warnings. .....
Perjury Warnings. .........
Indictment Specifications ...
(a) Count Ten ......
(b) Count Eleven ...
(c) Count Twelve ....
(a) Summary ...........

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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 ..

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

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Conclusion . . . . . . . . . . . . . . .

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

SECOND SUPPLEMENTAL COMMENTS

ON BEHALF OF
THE UNIFICATION CHURCH OF AMERICA

INTRODUCTION

This document is submitted to the Subcommittee as a supplement to certain written comments previously entered 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 Subconmittee'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 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 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. A longstanding member of the Unification Church, 5 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 herein. 21

Mr. Kamiyama is a native Japanese. At the time he arrived in the United States, 3 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

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. 27 1.e., 1973-75. 3/ See, note 1, supra.

Unification Church, however, Mr. Kamiyama was summoned before the Federal Grand Jury investigating the income tax practices of Reverend Moon, the Church's spiritual leader, in March, 1981. Although Mr. Kamiyama did not testify at that time, he did submit an affidavit to the Department of Justice, which detailed the manner in which funds were accumulated and disbursed in the context of various religious programs maintained by the Church.

Subsequently, on July 9, 1981, Mr. Kamiyama made his first appearance before the June 1980 Additional Grand Jury, sitting in the Southern District of New York. Mr. Kamiyama could not complete his testimony, however, and was instructed by the prosecutor to return on July 16, 1981, even though the prosecutor knew that the June 1980

Additional Grand Jury would be on vacation at that time. 3

.

Mr. Kamiyama, accordingly, appeared for the second time on
July 16, 1981 and testified before the July 1981 Regular
Grand Jury. He completed his testimony, appearing for the
third time, on July 21, before the July 1981 Regular Grand
Jury during its morning session, and before the June, 1980
Additional Grand Jury that afternoon. Thereafter, on
July 30, 1981 and August 11, 1981, the prosecutor,
Mr. Martin Flumenbaum ("Mr. Flumenbaum") read Mr. Kamiyama's

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