NITHYANANDA FACES FRESH COMPLAINT OF FRAUD AND RACKETEERING IN USA

1 more complaint has been filed against Nithyananda in USA for FRAUD AND DECEIT, RACKETEERING, CIVIL CONSPIRACY and UNFAIR BUSINESS PRACTICES, cheating the US government and donors by misusing the charitable, tax-exempt 501(c) status. The complaint (Case no. EDCV13-363-JGB, filed on 27^th Feb 2013 at the US District Court, Central District of California) has been filed by several ex-donors against Nithyananda, his secretaries and his organizations, allege that Nithyananda and his secretaries blatantly misrepresented Nithyananda as a Brahmachari, sanyasi living a simple life, and misrepresented the organizations as charitable institutions benefitting the society and extracted crores of rupees from them. But in reality Nithyananda’s intentions were to cheat the public, devotees and the US government by misusing his position as the leader of these organizations and charitable tax-exempt (501(c)) status of his organizations to privately benefit from it (refer pg 50 of complaint). The ex-donors have demanded the return of around $800,000 (around Rs. 4.5 crores) collected from them through fraud and deceit. However, the court could award 3 times that amount (almost Rs. 14 crores) as compensation, if the racketeering charges are confirmed in a trial.

The defendants named in the complaint are: (i) Nithyananda (Accused 1 in India), (ii) Gopal Reddy Sheelum @ Nithya Bhaktananda (Accused 2 in India) – already declared FRAUD by US Court in July 2012 in another case 5:11-CV-01304 SVW (SPx), Popatlal Savla vs Nithyananda Foundation (iii) Siva Vallabhaneni @ Nithya Sachitananda (Accused 3 in India), (iv) Nithyananda Foundation – also declared FRAUD by US Court in July 2012 in case no. 5:11-CV-01304 SVW (SPx), Popatlal Savla vs Nithyananda Foundation, (v) Life Bliss Foundation in Montclair (Los Angeles), California (vi) Nithyananda Dhyanapaatem Temple and Cultural Center (NDTCC) in Montclair (Los Angeles), California and (vii) Dhyanapeetam Charitable Trust in Bidadi, India

In July 2012, in the same California court, a jury reviewed all evidence and found Nithyananda Foundation and Gopal Reddy Sheelum guilty of committing fraud against another ex-donor Mr. Popatlal Savla and ordered them to return the $1.5 Million (~ Rs 8 crore) that was fraudulently obtained from him (see link below for judgment from that case). But the details of the allegations (which are explained below) and evidence presented in this latest complaint shockingly exposes well planned efforts and criminal intent of Nithyananda and his secretaries Gopal Reddy Sheelum (@Bhaktananda, A2) and Siva Vallabhaneni (@ Sachitananda, A3) to cheat the public and government.

The allegations in the complaint and other sections of interest are briefly explained below:

·  Fraud and Deceit (Refer complaint, Pg 17, 25, 28, 29, 37, 39-40, 47, 50-51)

Publicly and privately Nithyananda over emphasized that he lived a very simple life and he was a Brahmachari Sanyasi (Pg 17). He intentionally misrepresented his organizations as charitable tax-exempt (501(c) status) institutions exclusively for charitable activities for the benefit of the society. But in fact it was benefitting Nithyananda his secretaries, and other individuals, as large amounts collected in US were transferred to Nithyananda’s bank account. (Pg 28, 37)

· Nithyananda confessed about Sex with many and video being authentic: (refer Pg 25)

Nithynanda personally confessed to donors in March 2010 about video being true (not morphed as he alleged later), that he had sex with many persons, that the sex-contract (i.e. NDA or  Non-Disclosure Agreements) were being used for many years (atleast since 2005). Nithyananda also admitted that he misrepresented his organization as being charitable entities, because most of the money collected in USA through his organizations was sent to Nithyananda. (Refer Pg 25 for more details). Nithyananda and his secretaries have also confirmed about existence of the NDA (Non-Diclosure Agreement, better known as “sex contract”).  (refer Pg 40)

· Financial fraud by Nithyananda organizations: (refer Pg 28, 29, 47)

Nithyananda organization cannot account for more than $2 million, they have no records of how they spent $3.6 million!!! Based on evidence in previous trial (in Popatlal Savla vs. Nithyananda Foundation), an expert testified that Nithyananda entities have 2 sets of books, and worst of all, the books (financial records) were cooked to make $2 million profit turn into $2 million loss. More details in pg 28,29, 47

· Civil Conspiracy (refer Pg 29-33)

Nithyananda and his secretaries have elaborately planned to destroy evidence and strip all the assets of entities in Nithyananda organizations, to avoid paying if they face lawsuits. Nithyananda and his secretaries specifically discussed that many people have expressed about sexual abuse incidents happening to them, and so they were concerned about potential lawsuits. (Pg 31). Details of plans and email discussions are in pg 29-33 & Exhibit F

·  Racketeering (pg 16)

Nithyananda and his secretaries Gopal (Bhaktananda) and Siva (Sachitananda) operated the assets of the charitable organizations as their own personal ATM and piggy bank. Large sums of money moved from USA to India through Nithyananda’s brother’s company called “Nithyananda Import Export”.

While Nithyananda claims to have no connections whatsoever with Nithyananda Foundation or his other organizations, the complaint infact goes to say that Nithyananda controlled the organizations to such a great degree that Nithyananda and his Organizations are one and the same, there is no separation between them (Refer pg 13-15)

This latest complaint against Nithyananda, which is similar to a class action lawsuit, was filed by 6 ex-donors on 28^th Feb 2013. Interestingly, around the same time 3 years ago (on 2^nd Mar 2010), truth about Nithyananda came to light!

Links to related documents:

FRAUD complaint against Nithyananda by ex-donors in Feb 2013 in California, USA:

http://www.scribd.com/doc/133256203/New-Complaint-of-FRAUD-and-RACKETEERING-against-Nithyananda-in-USA-Feb-2013

FRAUD Verdict against Nithyananda by California Court:

http://www.scribd.com/doc/133252348/Nithyananda-Foundation-Fraud-Verdict-July-2012

FRAUD complaint against Nithyananda’s secretary and organization by Popatlal Savla, in California, USA

http://www.scribd.com/doc/133258147/FRAUD-complaint-against-Nithyananda-by-Ex-donor-Popatlal-Savla-Extracts

Complaint copy can also be obtained from the court website at http://www.cacd.uscourts.gov/records where  “Public Access to Court’s Electronic Records” are at: http://www.pacer.gov/findcase.html

Gunasekaran, a Salem based farmer gave a land grabbing complaint against godman Nithyananda.

One Mr. Gunasekaran is a farmer from Siragapadi village of Salem district. He has given a land grab complaint against Nithyananda, to district police superintendent Mr. Ashwin Kotnis. In the complaint he has said:

“In 2005, I was introduced to Nithyananda through Chennai Krishnan Sakthi & Selvam. Nithyananda’s secretary Sadananda and several others approached me requesting me to donate my land located at Kadathur, Mukonapalayam to Nithyananda as he is interested in setting up an ashram at Siragapadi. Nithyananda also talked to me over phone regarding this. Hence I agreed to donate 50 cents of my land. Subsequently, in 2006, when I went to document registration office, they got my signatures, that of my wife and my sister in a land registration document, which was already prepared in English. But they did not talk about money for the land.

On 2010 October 12th, when I tried to sell my land adjoining the one I had donated to Nithyananda, I was prevented by his followers who said that the entire land belongs to them and showed the land registration document. Then I realized that I had been cheated. As Nithyananda and his followers threatened me I had not given any police complaint. In this situation, on Oct. 23rd current year, some people contacted me and asked me not to complain regarding this, as Nithyananda himself has told them to inform me that they are willing to pay price for the land or return back my land. But no payment has been made till date. So I pray that steps be taken to recover and restore my land.”


சேலம்: சேலம் மாவட்டத்தைச் சேர்ந்த விவசாயி ஒருவர் நித்யானந்தா மீது நில அபகரிப்பு புகார் கொடுத்துள்ளார்.சேலம் மாவட்டம் சீரகாப்பாடியைச் சேர்ந்தவர் விவசாயி குணசேகரன். அவர் சேலம் மாவட்ட எஸ்.பி. அஸ்வின் கோட்னீசை சந்தித்து நித்யானந்தா மீது நில அபகரிப்பு புகார் மனு ஒன்றை அளி்த்துள்ளார்.
அந்த மனுவில் அவர் கூறியிருப்பதாவது,
கடந்த 2005ம் ஆண்டு சென்னை கிருஷ்ணன், சக்தி, செல்வம் ஆகியோர் மூலம் நித்யானந்தாவிடம் நான் அறிமுகமானேன். அவரது செயலாளர் சதானந்தா உள்ளிட்ட பலர் என்னிடம் சீரகாப்பாடி பகுதியில் நித்யானந்தா ஆசிரமம் அமைக்க விரும்புவதாகவும், கடத்தூர் முக்கோணம் பாளையம் பகுதியில் உள்ள எனது நிலத்தை தானமாக கொடுக்கும்படியும் கேட்டனர். நித்யானந்தாவும் இதுபற்றி என்னிடம் டெலிபோனில் பேசினார்.
எனவே 50 சென்ட் நிலத்தை தானமாக கொடுக்க ஒப்புக் கொண்டேன். கடந்த 2006ம் ஆண்டு பத்திரப்பதிவு அலுவலகத்துக்கு சென்ற என்னிடமும் எனது மனைவி, சகோதரி ஆகியோரிடமும் அவர்கள் ஆங்கிலத்தில் ஏற்கனவே தயார் செய்து வைத்திருந்த பத்திரத்தில் கையெழுத்து வாங்கிக் கொண்டனர். ஆனால் நிலத்துக்கான பணம் குறித்து அவர்கள் பேசவில்லை.
2010ம் அண்டு அக்டோபர் 12ம் தேதி நித்யானந்தாவுக்கு கொடுத்த நிலத்தின் அருகில் இருந்த எனது நிலத்தை விற்க முயன்றபோது நித்யானந்தாவின் ஆதரவாளர்கள் என்னைத் தடுத்து நிலம் முழுவதும் தங்களுடையது எனக் கூறி பத்திரத்தை காட்டினர். அப்போது தான் நான் ஏமாற்றப்பட்டதை அறிந்தேன்.
நித்யானந்தா மற்றும் அவரது ஆதரவாளர்கள் என்னை மிரட்டியதால் போலீசில் புகார் அளிக்கவில்லை. இந்த நிலையில் கடந்த அக்டோபர் 23ம் தேதி என்னை தொடர்பு கொண்ட சிலர் இந்த சம்பவம் தொடர்பாக போலீசில் புகார் அளிக்க வேண்டாம் எனவும், நிலத்தையோ, அதற்கான பணத்தையோ கொடுத்து விடுவதாகவும், இதை நித்யானந்தா சொல்லச் சொன்னதாகவும் கூறினர். ஆனால் அவர்கள் கூறியபடி பணம் தரவில்லை. எனவே எனது நிலத்தை மீட்டுத்தர நடவடிக்கை எடுக்க வேண்டும் என்று அவர் அதில் தெரிவித்துள்ளார்.

 http://tamil.oneindia.in/news/2012/11/03/tamilnadu-farmer-gives-land-grabbing-complain-164067.html

Tests Swami will have to undergo to prove he is incapable of sex

 Posted On Wednesday, July 18, 2012 at 06:04:51 AM

The identity of the panel of doctors that will be conducting the battery of tests has been kept hush-hush. One of the tests could be injecting erection-stimulating drugs

After declaring his impotency, Swami Nithyananda has been playing cat-and-mouse with the CID, ignoring umpteen letters and not appearing for medical tests. Not any more. With the court’s go-ahead, the CID has chosen July 30 to put the controversial godman through a battery of tests at Victoria Hospital to prove (or disprove) that he is capable of indulging in sex, a CID source said.

The doctors will have no restrictions and will be allowed to conduct any test they feel necessary on Nithyananda, another CID source said. “A notice has already been served on Nithyananda to be present on the morning of July 30 at the CID headquarters, from where he will be taken to Victoria Hospital under tight security. If he fails to turn up for the tests, the CID will have no option but to move court to cancel his bail. So, we are sure that he will turn up this time,” the source added.

Tests to undergo

What are the tests a man has to go through to prove he’s impotent? Considering the sensitivity of the case, details pertaining to the panel of doctors who will be carrying out the tests on Nithyananda are kept highly confidential to check any attempts to influence them, sources said.

So, we asked a few doctors in the city, without mentioning that the person in question was Nithyananda, and here’s the light they threw on this rarely-discussed topic:

Normally, along with the blood samples, the bone marrow is also tested to assess the hormonal levels. But in Nithyananda’s case, it could go beyond this and several tests will be conducted over three-four days. These include: Blood test, supplemented with semen analysis, thyroid analysis and the use of erection-stimulating drugs.

Nithyananda will first undergo a physical examination which will tell doctors if his sexual organs have been operated on. 

“Then, they will look at the possibility of erectile dysfunction. Then comes the semen analysis in which semen motility, semen count and semen appearances are tested. The sperm count and quality will throw light on whether the person is impotent. If he meets minimal standards in each of these tests, he will be considered potent,” Dr K Shastri, a city-based physician said.

An analysis of the thyroid – a major regulatory hormone – will also throw light on his infertility. According to Dr Priya Chinnappa, endocrinologist, “Low levels of T4 hormones result in a low sperm count.”

“Injecting erection-stimulating drugs is another important way to test if one is potent. An impotent person will never develop an erection even if he is injected with such drugs. However, this is not related to fertility. Men with a low sperm count will be able to get an erection with these drugs,” Dr C Ashwath, a physician, said.

Testosterone, FSH (follicle-stimulating hormone), LH (luteinizing hormone) are some other tests to determine impotence.

The results of these tests will be produced in court and will determine the course of investigation into the case filed against him by one-time confidant Lenin Karuppan.

“If the tests do not prove his impotence, Nithyananda will be in trouble,” another source added.

“We can’t comment on anything now, as the matter is very sensitive and pertains to the court. Once the final report is submitted to court, you will get to know,” Dr Gurushankar, superintendent of Victoria Hospital, told Bangalore Mirror.

http://bangaloremirror.com/article/1/2012071820120718060508468f6c69c27/Tests-Swami-will-have-to-undergo-to-prove-he-is-incapable-of-sex.html

Madurai People's View on Sex Guru Nithyananda

TV9 - Swami Nithyananda: A God Man Or A Culprit?