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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF DELAWARE
VIKKI HUI XIN HAN,
Petitioner,
v. Index No. ____________
KARMA TRIYANA PETITION FOR PRE-ACTION
DHARMACHAKRA MONASTERY, DISCLOSURE PURSUANT
INC., & KARMA KAGYU INSTITUTE, TO CPLR § 3102(c)
INC.,
Defendants.
Petitioner Vikki Hui Xin Han (“Petitioner”) respectfully requests an order pursuant to
Section 3102(c) of the New York Civil Practice Law and Rules (“CPLR”) allowing Petitioner
to seek certain pre-action disclosure:
Nature of the Dispute
1) This proceeding is brought under CPLR § 3102(c) and seeks pre-action
disclosure from the respondents Karma Triyana Dharmachakra Monastery, Inc. (“KTD
Monastery”), and Karma Kagyu Institute, Inc. (“KKI”), together, “Respondents.” Petitioner
brings this petition against Respondents to obtain information necessary to the bringing of an
action against them and others whose identities are presently unknown.
2) Petitioner was studying as a Buddhist nun at the Karme Ling Retreat Center
(“KLRC”) in Delhi, New York, when she was raped and impregnated by Ogyen Trinley Dorje
(“17th Gyalwa Karmapa” or the “Karmapa”), Vikki Hui Xin Han Aff. (“Petitioner Aff.”) at
¶¶ 7, 8, 12, the highest lama of the Karma Kagyu lineage of Tibetan Buddhism, see Ex. 1. 1
1
All Exhibits referenced herein are attached to the supporting attorney affirmation filed alongside this Petition.
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The retreat was, upon information and belief, owned, managed, operated, and financed by
Respondents and/or their related entities, among whom corporate formalities are disregarded.
3) Respondents primed Petitioner for rape by knowingly depriving her of sleep,
nutrition, and mental health support, while indoctrinating her in the belief that the Karmapa,
alongside the other “high lamas” and leaders within the Respondents’ entities, must be
unquestioningly obeyed. See Ex. 2; Petitioner Aff. at ¶¶ 10, 16. Respondents allowed the
Karmapa access to Petitioner at their lineage despite knowing or having reason to know of his
history of sexually abusing female devotees at similar retreats. See, e.g., Exs. 3, 4, and 5.
4) Respondents benefitted financially from allowing the Karmapa to use their
premises as a stalking ground for his victims, as his relationship to the center they operated
was an important fundraising and publicity opportunity.
5) Upon information and belief, Respondents fail to respect corporate formalities
between themselves, the Karmapa, and related Karma Kagyu lineage entities. Respondents
solicit religious donations and then, on information and belief, commingle those funds among
corporate entities. See Exs. 6, 7. The Karmapa then uses these corporate entities as his alter
ego by, inter alia, using corporate funds for his personal expenses. See Exs. 8, 9. On
information and belief, donations collected by Respondents or their related entities have funded
child support payments to Petitioner on the Karmapa’s behalf. Ex. 8.
6) Many key directors and managers at KLRC use Tibetan pseudonyms rather than
their legal names. See Ex. 2. This has further complicated Petitioner’s attempts to untangle
the web of Karma Kagyu lineage entities that are involved with KLRC’s direction and
management.
7) Petitioner seeks pre-action discovery into the corporate structure and finances
of Respondents and their related entities to determine which corporate entities owned,
managed, operated, and financed KLRC where the Karmapa raped Petitioner. Petitioners
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thereby intend to determine which entities are proper defendants in a suit for benefitting
financially from trafficking in persons pursuant to 18 U.S.C. § 1593A et seq., and which
corporate veils should be pierced so that the assets controlled by the Karmapa are properly
included in civil rape claims against him.
I. PARTIES
8) Petitioner Vikki Hui Xin Han was born and raised in China. Petitioner Aff. at
¶ 3. As an adult she emigrated to Canada, where she is now a Canadian citizen and resident of
Richmond, British Columbia. Id. at ¶ 4. She began practicing Buddhism at roughly the age of
nineteen while still living in China. Id. at ¶ 3.After attending a Karma Kagyu Tibetan Buddhist
religious event in Germany, which was organized and headlined by the Karmapa, and visiting
a monastery in India, in order to meet this religious leader in person, Petitioner committed to a
39-month monastic training program at KLRC in Delhi, New York. Id. at ¶¶ 6, 7; Ex. 10. She
lived at KLRC from August 12, 2016, through January 20, 2018. Petitioner Aff. at ¶¶ 8, 16.
The Karmapa raped Petitioner in her room at the Women’s House at the Retreat Center on
October 14, 2017. Id. at ¶ 12.
9) Respondent KTD Monastery is a 501(c)(3) organization with a business address
of 335 Mead Mountain Road, Woodstock, New York, 12498. See Exs. 11, 12; but see Ex. 13
(searches for KTD Monastery on the New York Attorney General’s Charities’ Bureau have
turned up “no matches”). KTD Monastery operates its principal place of business, a monastery
that carries its name, in Woodstock, New York. 2 On information and belief, the entity is
incorporated in the State of New York, because it is identified by the Internal Revenue Service
as a church, with Employer Identification Number 14-1579633. Ex. 14. Petitioner attended a
monastic retreat at KLRC, where she was raped by the Karmapa. Petitioner Aff. at ¶¶ 7-10, 12.
2
Matter of Comm. to Protect Overlook, Inc. v. Town of Woodstock Zoning Bd. of Appeals, 859 N.Y.S. 2d 893,
893, 2005 NY Slip Op 52352(U), ¶ 1 (Apr. 6, 2005).
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The contract into which Petitioner entered to join the monastic training program was
countersigned by KTD Monastery. Ex. 10. On information and belief, the same group of
individual directors run many of the corporate entities affiliated with Karma Kagyu Lineage’s
United States operations. See Exs. 15 (describing Sandy Hu as separate Karma Kagyu entity
“[Karma Thegsum Chöling’s] Coordinator”), 16 (describing Sandy Hu as a “[Karma Triyana
Dharmachakra] Board member”). On information and belief, these entities fund the Karmapa’s
lavish lifestyle. See Exs. 8, 9 (describing the Karmapa eating out at a New York City restaurant,
accompanied by bodyguards), 17 (describing the Karmapa’s travel in luxury cars). On
information and belief, within these United States Karma Kagyu Lineage entities, corporate
formalities are typically disregarded, which helps them to disguise fund transfers and recruit
donations for personal use.
10) Respondent Karma Kagyu Institute, Inc. is a 501(c)(3) organization
incorporated in New York with a registered address of 352 Mead Mountain Road, Woodstock,
New York, 12498. Ex. 18. On information and belief, the same group of individual directors
runs many of the corporate entities affiliated with Karma Kagyu lineage’s United States
operations. See Exs. 15 (describing Sandy Hu as separate Karma Kagyu entity “[Karma
Thegsum Chöling’s] Coordinator”), 16 (describing Sandy Hu as a “[Karma Triyana
Dharmachakra] Board member”). On information and belief, these entities fund the Karmapa’s
lavish lifestyle. See Exs. 8, 9, 17. Within these Karma Kagyu Lineage entities, corporate
formalities are typically disregarded, which helps them to disguise fund transfers and recruit
donations for personal use. See, e.g., Petitioner Aff. at ¶ 20.
II. JURISDICTION & VENUE
11) This Court has jurisdiction over Respondents pursuant to CPLR § 301 because
Respondents are domiciled in the State of New York.
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12) Venue is proper in Delaware County pursuant to CPLR § 503(a) because a
substantial part of the events of omissions giving rise to the claim occurred in Delhi, New York.
III. PETITIONER HAS A MERITORIOUS ACTION
13) A petition for pre-action discovery should only be granted when the petitioner
demonstrates that she has a meritorious cause of action and that the information sought is
material and necessary to the actionable wrong. (Matter of Uddin v New York City Tr. Auth.,
27 AD3d 265, 266 [1st Dept 2006]).
14) The Karmapa raped Petitioner at KLRC in Delhi, New York. Petitioner Aff. at
¶ 12. Petitioner seeks to bring claims against the Karmapa for that rape, to pierce the corporate
veil to reach the assets of Respondents and/or their related entities in connection with that
claim, and to bring claims including benefiting financially from trafficking in persons against
Respondents and/or their related entities.
Rape in the First Degree, as defined by New York
Penal Law § 130.35, by the Karmapa,
Brought pursuant to New York Civil Practice Law & Rules § 213-c
15) On October 14, 2017, the Karmapa engaged in sexual intercourse by forcible
compulsion when he vaginally raped Petitioner in violation of New York Penal Law § 130.35.
See Petitioner Aff. at ¶¶ 12, 14.
16) The Karmapa employed forcible compulsion to rape Petitioner. The Karmapa
used physical force to assault Petitioner and complete his rape. Petitioner Aff. at ¶ 14. The
Karmapa utilized his physical size and strength to pick up petite and thin Petitioner, place her
in his lap, and violently rape her, causing lacerations that bled. Id. When he was done
performing sexual acts without her consent, he discarded Petitioner’s body back on the
bedroom floor. Id.
17) The Karmapa also used implied threats that placed her at risk of breaking
samaya, a Buddhist concept comparable to the Christian concept of eternal damnation that
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curses a disobedient student with generations of bad karma. When the Karmapa demanded
that Petitioner engage in sexual acts with him, he knew that she had been indoctrinated by
Respondents with the belief that disobeying his demands would laden her with generations of
bad karma. See Petitioner Aff. at ¶ 10. In a religious context that relies on reincarnation, rather
than one life and death cycle, this was a terrifying threat.
18) The Karmapa’s rape has caused Petitioner immense emotional distress, with
effects that will last throughout her lifetime. See id. at ¶ 17. Petitioner also became pregnant
as a result of the assault, further exacerbating the distress and impact of the rape. Id. at ¶ 15.
During the assault, Petitioner sustained physical injuries and bled. Id. at ¶ 14. In the wake of
the assault, she began to suffer from symptoms of anxiety, post-traumatic stress disorder, and
depression. Id. at ¶ 17. In her more depressed moments, she began to hear auditory
hallucinations. Id. At times, she has been suicidal, and has called a suicide hotline for
counseling. Id. She has also suffered immense emotional distress, humiliation, and mental
anguish due to the sustained online campaigns to discredit her orchestrated, upon information
and belief, by the Karmapa. Id. at ¶ 19.
19) As a result of these injuries, Petitioner seeks monetary damages in an amount
to be determined at trial.
20) As explained below, Petitioner seeks pre-action discovery to determine the
liability of Respondents and/or their related entities for these monetary damages.
Piercing the Corporate Veil
21) Petitioner seeks to have the corporate veil pierced and have the Court disregard
the corporate form as to Respondents and/or their related entities, and the Karmapa.
22) Upon information and belief, Respondents and/or their related entities, and the
Karmapa fail to adhere to corporate formalities by, inter alia, comingling KLRC assets and
using corporate funds for personal use. See Exs. 8, 9, 17; Petitioner Aff. at ¶ 20.
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23) The Karmapa lives a lavish lifestyle and has paid Petitioner hundreds of
thousands of dollars in child support payments for the child resulting from his raping her, yet
had professed under oath in a Canadian family law action that he has no income and almost
zero assets. See Petitioner Aff. at ¶ 20. Some of the payments to Petitioner were made through
third party “disciples” who work for or support the Karmapa. See Ex. 8. On information and
belief, the use of third parties was intended to disguise the source of the funds: religious
donations funneled through Respondents or their related entities. On information and belief,
the Karmapa treats the bank accounts of Respondents and/or their related entities as his private
accounts, appropriating those funds for personal use as he sees fit.
24) The Karmapa has been investigated and charged for secreting away undeclared
cash in India. Exs. 6, 7. The Indian police found more than $1,000,000 USD hidden at his
temple. Id. A judge involved with the Indian case stated that the situation reeked of “money
laundering.” Ex. 7. The Karmapa’s representatives asserted that the money came from
religious donations. Ex. 6.
25) Respondents and/or their related entities have, upon information and belief,
overlapping ownership and directorship, and share use of office space and equipment.
Exs. 15, 16.
26) While New York does not recognize piercing the corporate veil as an
independent cause of action, 3 Petitioner seeks pre-action discovery to determine the potential
liability of Respondents and/or their related entities for monetary damages resulting from the
rape in the first degree perpetrated by the Karmapa, and thus whether they should be named as
defendants in such a case.
3
See Hart v Jassem, 43 AD3d 997, 998, 843 N.Y.S.2d 121 (2d Dept 2007).
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Federal Violations of 18 U.S.C. § 1595 by the
Respondents and/or their Related Entities: Benefitting
Financially from trafficking in persons pursuant to 18.U.S.C. § 1593A et seq.
27) Respondents and/or their related entities and the Karmapa formed a venture as
defined by 18 U.S.C. § 1591. Respondents and/or their related entities exist as the Karmapa’s
North American monastic seat. KLRC was established by the Karmapa’s predecessor in 1976.
Respondents and/or their related entities’ facilities have been publicly affiliated with the
Karmapa since he was crowned as the 17th Gwalyang Karmapa at the age of seven. Exs. 19, 20.
28) Respondents and/or their related entities knowingly benefited from participation
in this venture. They have received monetary value and publicity from the Karmapa’s religious
tours, visits to New York, speeches, and affiliation with their facilities. See Exs. 21, 22. When
the Karmapa visited Delhi, New York, Respondents and/or their related entities publicized his
visits widely and hosted him without charging him a fee to stay or dine at their facilities. Id.
The Karmapa’s visits were important fundraising and publicity opportunities for Respondents
and/or their related entities. Id. On information and belief, the decision to host the Karmapa
in 2017 was at least in part intended to lure monetary donations.
29) Respondents and/or their related entities were on, at minimum, constructive
notice of the Karmapa’s sexual proclivities. In 2013, a Karma Kagyu teacher arranged for his
student, Ms. Huang, to begin providing regular cybersex to the Karmapa. Ex. 4. The Karmapa
also brought his sexual partners, such as Ms. Wu, to dinner with him at Respondents’ and/or
their related entities’ facilities in New York. See Exs. 3, 4, 5. According to Ms. Wu, the
Karmapa, even within his inner circle, flaunted his sexual relationships with women. See Ex. 3.
As the operators of the Karmapa’s North American monastic seat, Respondents and/or their
related entities should have been aware of his pattern of sexual behavior.
30) Respondents and/or their related entities also had actual notice of systemic
sexual misconduct within the Karma Kagyu Lineage and vulnerability of their trainee nuns to
sexual abuse. Upon information and belief, before Petitioner arrived at KLRC, Respondents
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and/or their related entities were aware of public reports of sexual misconduct within Tibetan
Buddhist monasteries. See, e.g., Ex. 23. Respondents also encouraged Petitioner to engage in
tantric mediation practices, ordinarily reserved for advanced practitioners of Buddhism.
Petitioner Aff. at ¶ 10. The very nature of these practices—which encourage sexual
visualizations as a secret method of spiritual advancement—would put a reasonable entity on
notice of the risk of misuse or misapplication of those principles.
31) Respondents and/or their related entities also had actual notice that the
Karmapa had taken a special interest in Petitioner. In July 2017, the Karmapa visited KLRC.
Ex. 21. Once there, the Karmapa went into Petitioner’s room and remained inside for a
noticeable period, providing private blessings and spiritual advice. Petitioner Aff. at ¶ 11.
Staff, trainee nuns, and attendees in the women’s quarters would likely have seen him enter
Petitioner’s room. Because men were not allowed in women’s rooms, this event would have
been noteworthy, even though the Karmapa asserts that he functioned outside these rules. See
Ex. 24 at ¶¶ 11, 12.
32) Despite this knowledge, Respondents and/or their related entities still assisted
the Karmapa in gaining access to the nuns’ residence hall on October 14, 2017, where the
Karmapa entered Petitioner’s room and engaged in a nonconsensual commercial sex act with
her. When the Karmapa entered Petitioner’s room for a second time and remained therein,
Respondents and/or their related entities’ staff did not investigate. Petitioner Aff. at ¶ 13.
When the Karmapa exited Petitioner’s room after an extended period inside it, with the door
locked against protocols, Respondents and/or their related entities’ staff did not investigate. Id.
33) Respondents and/or their related entities continue to financially benefit from
their venture with the Karmapa today. A scandal or decrease in the Karmapa’s prestige would
likely have caused the financial donations that fund Respondents and/or their related entities’
facilities to dry up. Instead of taking any preventative or investigative actions, Respondents
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and/or their related entities have continued to harbor a sexual predator and whitewash the
Karmapa’s pattern and practice of misbehavior, as a means to reap the financial rewards of his
worldwide brand recognition. On information and belief, after the July 2017 visit, Respondents
and/or their related entities did not warn the trainee nuns to avoid being alone with the Karmapa
or attempt to chaperone the Karmapa in the women’s quarters. On information and belief, after
the October 2017 visit, Respondents and/or their related entities assisted the Karmapa in
keeping the assault quiet. They also continued to associate publicly with the Karmapa. Ex. 25.
Even today, Respondents and/or their related entities continue to associate themselves with the
Karmapa, charging a suggested $80 donation for teachings about his books and advertising his
prior visits to their facilities. See, e.g., Exs. 26, 27.
34) As a direct and proximate result of the Respondents’ unlawful conduct as
alleged above, Petitioner suffered physical injury, pregnancy, severe emotional distress,
humiliation, embarrassment, mental and emotional distress and anxiety, economic harm, and
other consequential damages. Petitioner Aff. at ¶¶ 17, 19.
IV. THE INFORMATION SOUGHT IS MATERIAL
AND NECESSARY TO THE ACTIONABLE WRONG
35) New York courts have consistently held that pre-action discovery is available
to determine who the defendants to an action should be. (Matter of Diaz v Metro. Tr. Auth.,
190 AD3d 734, 735 [2d Dept 2021]). Here, pre-action discovery is necessary for that reason.
36) Respondents’ corporate structure is complex and, upon information and belief,
made intentionally opaque to hide assets. Petitioner seeks pre-action discovery to determine
which legal entities are responsible for her injuries, whether wealth is improperly transferred
between these entities and others relating to the Karma Kagyu Lineage, and whether, as is
believed, the corporate veil ought to be pierced to enable Petitioner to bring suit against, and
seek to recover against, the entities in which the assets reside.
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37) Petitioner has several reasons for believing that the Karma Kagyu lineage fails
to adhere to corporate formalities, and that one or more related entities are proper in a suit for
benefitting financially from trafficking.
38) For example, while Respondent Karma Triyana Dharmachakra Inc. is registered
as a 501(c)(3) charity with the IRS, with an address listed in Woodstock, New York, it does
not seem to be listed as a New York registered charity on the New York Attorney General’s
Charities Bureau website. See Exs. 13, 14.
39) According to the New York State Office of the Attorney General’s website,
most organizations that “hold property of any kind for charitable purposes or engage in
charitable activities in New York State and/or solicit charitable contributions … in New York
are required to register with the Attorney General’s Charities Bureau.” 4 A search for KKI on
the New York Attorney General’s Charities Bureau website demonstrates that KKI is
considered “exempt” from registering. See Ex. 18. As a result, no registered agent is listed on
the Charities’ Bureau website.
40) Additionally, the Karmapa lives an extremely lavish lifestyle, yet professes not
to take a salary or have any assets to his name. See Petitioner Aff. at ¶ 20. Petitioner believes
that Defendant uses Respondents and/or related entities as his personal bank account, such that
their funds are fully commingled. See Petitioner Aff. at ¶¶ 18, 20. Respondents and the
Karmapa sell expensive tickets to his speeches and appearances, which raises further questions
regarding the source of his funds. See, e.g., Exs. 19, 27. Petitioner seeks discovery to
determine whether, and which, corporate entities would be financially liable for any award
against the Karmapa.
4
FAQs - Registration and Annual Filing of Charities (last accessed Mar. 1, 2022), https://www.charitiesnys.com
/faqs_reg_new.html.
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41) Finally, many of the directors of KLRC use Tibetan pseudonyms rather than
their legal names. See Ex. 2 (referring to staff by Tibetan names). This has made it more
challenging to name the correct, responsible defendants in Petitioner’s pending complaint.
V. THE INFORMATION SOUGHT
42) Pre-action disclosure is necessary to allow Petitioner to name the correct
defendants that ran, operated, or managed the KLRC, and which, on information and belief,
funded the Karmapa’s lifestyle through religious donations.
43) Petitioner seeks an order from this Court directing Respondents to provide the
undersigned attorneys of Petitioner with the following limited information:
a) Documents sufficient to identify all entities which, from January 1, 2015
until the present: (1) own or have owned, (2) operate or have operated, (3) manage
or have managed, (4) fund or have funded, or (5) direct or have directed, activity
at KLRC in Delhi, New York, and the role played by each such entity.
b) Documents sufficient to identify the corporate structure of Respondents
and all entities related to Respondents, including the directorship and/or ownership
of each entity from January 1, 2015, until the present.
c) Documents sufficient to demonstrate the source of previous funds paid
to Petitioner through individuals affiliated with Respondents, purportedly on the
Karmapa’s behalf.
44) Petitioner has no means to obtain the above-reference information without pre-action
disclosure. Although, through counsel, Petitioner has repeatedly requested that the Karmapa
forward information related to this Petition to Respondents’ counsel, the Karmapa’s counsel
has failed to confirm or deny that he has done so. See Exs. 28, 29.
45) No prior application has been made for the relief sought in this petition.
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WHEREFORE, Petitioner Vikki Han respectfully requests that this Court grant this petition
in its entirety, along with any other relief to which she is entitled.
Dated: Maidenhead, England
March 23, 2022
McAllister Olivarius
________________________
Dr. Ann Olivarius
Dr. John F. O. McAllister
Jessie Ratcliffe
641 Lexington Ave, 13th Floor
New York, NY 10022
Telephone: (212) 433-3456
Counsel To Plaintiff
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FILED: DELAWARE COUNTY CLERK 03/23/2022 02:50 PM INDEX NO. EF2022-182 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/23/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF DELAWARE VIKKI HUI XIN HAN, Petitioner, v. Index No. ____________ KARMA TRIYANA PETITION FOR PRE-ACTION DHARMACHAKRA MONASTERY, DISCLOSURE PURSUANT INC., & KARMA KAGYU INSTITUTE, TO CPLR § 3102(c) INC., Defendants. Petitioner Vikki Hui Xin Han (“Petitioner”) respectfully requests an order pursuant to Section 3102(c) of the New York Civil Practice Law and Rules (“CPLR”) allowing Petitioner to seek certain pre-action disclosure: Nature of the Dispute 1) This proceeding is brought under CPLR § 3102(c) and seeks pre-action disclosure from the respondents Karma Triyana Dharmachakra Monastery, Inc. (“KTD Monastery”), and Karma Kagyu Institute, Inc. (“KKI”), together, “Respondents.” Petitioner brings this petition against Respondents to obtain information necessary to the bringing of an action against them and others whose identities are presently unknown. 2) Petitioner was studying as a Buddhist nun at the Karme Ling Retreat Center (“KLRC”) in Delhi, New York, when she was raped and impregnated by Ogyen Trinley Dorje (“17th Gyalwa Karmapa” or the “Karmapa”), Vikki Hui Xin Han Aff. (“Petitioner Aff.”) at ¶¶ 7, 8, 12, the highest lama of the Karma Kagyu lineage of Tibetan Buddhism, see Ex. 1. 1 1 All Exhibits referenced herein are attached to the supporting attorney affirmation filed alongside this Petition. Page 1 of 13 1 of 13 FILED: DELAWARE COUNTY CLERK 03/23/2022 02:50 PM INDEX NO. EF2022-182 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/23/2022 The retreat was, upon information and belief, owned, managed, operated, and financed by Respondents and/or their related entities, among whom corporate formalities are disregarded. 3) Respondents primed Petitioner for rape by knowingly depriving her of sleep, nutrition, and mental health support, while indoctrinating her in the belief that the Karmapa, alongside the other “high lamas” and leaders within the Respondents’ entities, must be unquestioningly obeyed. See Ex. 2; Petitioner Aff. at ¶¶ 10, 16. Respondents allowed the Karmapa access to Petitioner at their lineage despite knowing or having reason to know of his history of sexually abusing female devotees at similar retreats. See, e.g., Exs. 3, 4, and 5. 4) Respondents benefitted financially from allowing the Karmapa to use their premises as a stalking ground for his victims, as his relationship to the center they operated was an important fundraising and publicity opportunity. 5) Upon information and belief, Respondents fail to respect corporate formalities between themselves, the Karmapa, and related Karma Kagyu lineage entities. Respondents solicit religious donations and then, on information and belief, commingle those funds among corporate entities. See Exs. 6, 7. The Karmapa then uses these corporate entities as his alter ego by, inter alia, using corporate funds for his personal expenses. See Exs. 8, 9. On information and belief, donations collected by Respondents or their related entities have funded child support payments to Petitioner on the Karmapa’s behalf. Ex. 8. 6) Many key directors and managers at KLRC use Tibetan pseudonyms rather than their legal names. See Ex. 2. This has further complicated Petitioner’s attempts to untangle the web of Karma Kagyu lineage entities that are involved with KLRC’s direction and management. 7) Petitioner seeks pre-action discovery into the corporate structure and finances of Respondents and their related entities to determine which corporate entities owned, managed, operated, and financed KLRC where the Karmapa raped Petitioner. Petitioners Page 2 of 13 2 of 13 FILED: DELAWARE COUNTY CLERK 03/23/2022 02:50 PM INDEX NO. EF2022-182 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/23/2022 thereby intend to determine which entities are proper defendants in a suit for benefitting financially from trafficking in persons pursuant to 18 U.S.C. § 1593A et seq., and which corporate veils should be pierced so that the assets controlled by the Karmapa are properly included in civil rape claims against him. I. PARTIES 8) Petitioner Vikki Hui Xin Han was born and raised in China. Petitioner Aff. at ¶ 3. As an adult she emigrated to Canada, where she is now a Canadian citizen and resident of Richmond, British Columbia. Id. at ¶ 4. She began practicing Buddhism at roughly the age of nineteen while still living in China. Id. at ¶ 3.After attending a Karma Kagyu Tibetan Buddhist religious event in Germany, which was organized and headlined by the Karmapa, and visiting a monastery in India, in order to meet this religious leader in person, Petitioner committed to a 39-month monastic training program at KLRC in Delhi, New York. Id. at ¶¶ 6, 7; Ex. 10. She lived at KLRC from August 12, 2016, through January 20, 2018. Petitioner Aff. at ¶¶ 8, 16. The Karmapa raped Petitioner in her room at the Women’s House at the Retreat Center on October 14, 2017. Id. at ¶ 12. 9) Respondent KTD Monastery is a 501(c)(3) organization with a business address of 335 Mead Mountain Road, Woodstock, New York, 12498. See Exs. 11, 12; but see Ex. 13 (searches for KTD Monastery on the New York Attorney General’s Charities’ Bureau have turned up “no matches”). KTD Monastery operates its principal place of business, a monastery that carries its name, in Woodstock, New York. 2 On information and belief, the entity is incorporated in the State of New York, because it is identified by the Internal Revenue Service as a church, with Employer Identification Number 14-1579633. Ex. 14. Petitioner attended a monastic retreat at KLRC, where she was raped by the Karmapa. Petitioner Aff. at ¶¶ 7-10, 12. 2 Matter of Comm. to Protect Overlook, Inc. v. Town of Woodstock Zoning Bd. of Appeals, 859 N.Y.S. 2d 893, 893, 2005 NY Slip Op 52352(U), ¶ 1 (Apr. 6, 2005). Page 3 of 13 3 of 13 FILED: DELAWARE COUNTY CLERK 03/23/2022 02:50 PM INDEX NO. EF2022-182 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/23/2022 The contract into which Petitioner entered to join the monastic training program was countersigned by KTD Monastery. Ex. 10. On information and belief, the same group of individual directors run many of the corporate entities affiliated with Karma Kagyu Lineage’s United States operations. See Exs. 15 (describing Sandy Hu as separate Karma Kagyu entity “[Karma Thegsum Chöling’s] Coordinator”), 16 (describing Sandy Hu as a “[Karma Triyana Dharmachakra] Board member”). On information and belief, these entities fund the Karmapa’s lavish lifestyle. See Exs. 8, 9 (describing the Karmapa eating out at a New York City restaurant, accompanied by bodyguards), 17 (describing the Karmapa’s travel in luxury cars). On information and belief, within these United States Karma Kagyu Lineage entities, corporate formalities are typically disregarded, which helps them to disguise fund transfers and recruit donations for personal use. 10) Respondent Karma Kagyu Institute, Inc. is a 501(c)(3) organization incorporated in New York with a registered address of 352 Mead Mountain Road, Woodstock, New York, 12498. Ex. 18. On information and belief, the same group of individual directors runs many of the corporate entities affiliated with Karma Kagyu lineage’s United States operations. See Exs. 15 (describing Sandy Hu as separate Karma Kagyu entity “[Karma Thegsum Chöling’s] Coordinator”), 16 (describing Sandy Hu as a “[Karma Triyana Dharmachakra] Board member”). On information and belief, these entities fund the Karmapa’s lavish lifestyle. See Exs. 8, 9, 17. Within these Karma Kagyu Lineage entities, corporate formalities are typically disregarded, which helps them to disguise fund transfers and recruit donations for personal use. See, e.g., Petitioner Aff. at ¶ 20. II. JURISDICTION & VENUE 11) This Court has jurisdiction over Respondents pursuant to CPLR § 301 because Respondents are domiciled in the State of New York. Page 4 of 13 4 of 13 FILED: DELAWARE COUNTY CLERK 03/23/2022 02:50 PM INDEX NO. EF2022-182 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/23/2022 12) Venue is proper in Delaware County pursuant to CPLR § 503(a) because a substantial part of the events of omissions giving rise to the claim occurred in Delhi, New York. III. PETITIONER HAS A MERITORIOUS ACTION 13) A petition for pre-action discovery should only be granted when the petitioner demonstrates that she has a meritorious cause of action and that the information sought is material and necessary to the actionable wrong. (Matter of Uddin v New York City Tr. Auth., 27 AD3d 265, 266 [1st Dept 2006]). 14) The Karmapa raped Petitioner at KLRC in Delhi, New York. Petitioner Aff. at ¶ 12. Petitioner seeks to bring claims against the Karmapa for that rape, to pierce the corporate veil to reach the assets of Respondents and/or their related entities in connection with that claim, and to bring claims including benefiting financially from trafficking in persons against Respondents and/or their related entities. Rape in the First Degree, as defined by New York Penal Law § 130.35, by the Karmapa, Brought pursuant to New York Civil Practice Law & Rules § 213-c 15) On October 14, 2017, the Karmapa engaged in sexual intercourse by forcible compulsion when he vaginally raped Petitioner in violation of New York Penal Law § 130.35. See Petitioner Aff. at ¶¶ 12, 14. 16) The Karmapa employed forcible compulsion to rape Petitioner. The Karmapa used physical force to assault Petitioner and complete his rape. Petitioner Aff. at ¶ 14. The Karmapa utilized his physical size and strength to pick up petite and thin Petitioner, place her in his lap, and violently rape her, causing lacerations that bled. Id. When he was done performing sexual acts without her consent, he discarded Petitioner’s body back on the bedroom floor. Id. 17) The Karmapa also used implied threats that placed her at risk of breaking samaya, a Buddhist concept comparable to the Christian concept of eternal damnation that Page 5 of 13 5 of 13 FILED: DELAWARE COUNTY CLERK 03/23/2022 02:50 PM INDEX NO. EF2022-182 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/23/2022 curses a disobedient student with generations of bad karma. When the Karmapa demanded that Petitioner engage in sexual acts with him, he knew that she had been indoctrinated by Respondents with the belief that disobeying his demands would laden her with generations of bad karma. See Petitioner Aff. at ¶ 10. In a religious context that relies on reincarnation, rather than one life and death cycle, this was a terrifying threat. 18) The Karmapa’s rape has caused Petitioner immense emotional distress, with effects that will last throughout her lifetime. See id. at ¶ 17. Petitioner also became pregnant as a result of the assault, further exacerbating the distress and impact of the rape. Id. at ¶ 15. During the assault, Petitioner sustained physical injuries and bled. Id. at ¶ 14. In the wake of the assault, she began to suffer from symptoms of anxiety, post-traumatic stress disorder, and depression. Id. at ¶ 17. In her more depressed moments, she began to hear auditory hallucinations. Id. At times, she has been suicidal, and has called a suicide hotline for counseling. Id. She has also suffered immense emotional distress, humiliation, and mental anguish due to the sustained online campaigns to discredit her orchestrated, upon information and belief, by the Karmapa. Id. at ¶ 19. 19) As a result of these injuries, Petitioner seeks monetary damages in an amount to be determined at trial. 20) As explained below, Petitioner seeks pre-action discovery to determine the liability of Respondents and/or their related entities for these monetary damages. Piercing the Corporate Veil 21) Petitioner seeks to have the corporate veil pierced and have the Court disregard the corporate form as to Respondents and/or their related entities, and the Karmapa. 22) Upon information and belief, Respondents and/or their related entities, and the Karmapa fail to adhere to corporate formalities by, inter alia, comingling KLRC assets and using corporate funds for personal use. See Exs. 8, 9, 17; Petitioner Aff. at ¶ 20. Page 6 of 13 6 of 13 FILED: DELAWARE COUNTY CLERK 03/23/2022 02:50 PM INDEX NO. EF2022-182 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/23/2022 23) The Karmapa lives a lavish lifestyle and has paid Petitioner hundreds of thousands of dollars in child support payments for the child resulting from his raping her, yet had professed under oath in a Canadian family law action that he has no income and almost zero assets. See Petitioner Aff. at ¶ 20. Some of the payments to Petitioner were made through third party “disciples” who work for or support the Karmapa. See Ex. 8. On information and belief, the use of third parties was intended to disguise the source of the funds: religious donations funneled through Respondents or their related entities. On information and belief, the Karmapa treats the bank accounts of Respondents and/or their related entities as his private accounts, appropriating those funds for personal use as he sees fit. 24) The Karmapa has been investigated and charged for secreting away undeclared cash in India. Exs. 6, 7. The Indian police found more than $1,000,000 USD hidden at his temple. Id. A judge involved with the Indian case stated that the situation reeked of “money laundering.” Ex. 7. The Karmapa’s representatives asserted that the money came from religious donations. Ex. 6. 25) Respondents and/or their related entities have, upon information and belief, overlapping ownership and directorship, and share use of office space and equipment. Exs. 15, 16. 26) While New York does not recognize piercing the corporate veil as an independent cause of action, 3 Petitioner seeks pre-action discovery to determine the potential liability of Respondents and/or their related entities for monetary damages resulting from the rape in the first degree perpetrated by the Karmapa, and thus whether they should be named as defendants in such a case. 3 See Hart v Jassem, 43 AD3d 997, 998, 843 N.Y.S.2d 121 (2d Dept 2007). Page 7 of 13 7 of 13 FILED: DELAWARE COUNTY CLERK 03/23/2022 02:50 PM INDEX NO. EF2022-182 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/23/2022 Federal Violations of 18 U.S.C. § 1595 by the Respondents and/or their Related Entities: Benefitting Financially from trafficking in persons pursuant to 18.U.S.C. § 1593A et seq. 27) Respondents and/or their related entities and the Karmapa formed a venture as defined by 18 U.S.C. § 1591. Respondents and/or their related entities exist as the Karmapa’s North American monastic seat. KLRC was established by the Karmapa’s predecessor in 1976. Respondents and/or their related entities’ facilities have been publicly affiliated with the Karmapa since he was crowned as the 17th Gwalyang Karmapa at the age of seven. Exs. 19, 20. 28) Respondents and/or their related entities knowingly benefited from participation in this venture. They have received monetary value and publicity from the Karmapa’s religious tours, visits to New York, speeches, and affiliation with their facilities. See Exs. 21, 22. When the Karmapa visited Delhi, New York, Respondents and/or their related entities publicized his visits widely and hosted him without charging him a fee to stay or dine at their facilities. Id. The Karmapa’s visits were important fundraising and publicity opportunities for Respondents and/or their related entities. Id. On information and belief, the decision to host the Karmapa in 2017 was at least in part intended to lure monetary donations. 29) Respondents and/or their related entities were on, at minimum, constructive notice of the Karmapa’s sexual proclivities. In 2013, a Karma Kagyu teacher arranged for his student, Ms. Huang, to begin providing regular cybersex to the Karmapa. Ex. 4. The Karmapa also brought his sexual partners, such as Ms. Wu, to dinner with him at Respondents’ and/or their related entities’ facilities in New York. See Exs. 3, 4, 5. According to Ms. Wu, the Karmapa, even within his inner circle, flaunted his sexual relationships with women. See Ex. 3. As the operators of the Karmapa’s North American monastic seat, Respondents and/or their related entities should have been aware of his pattern of sexual behavior. 30) Respondents and/or their related entities also had actual notice of systemic sexual misconduct within the Karma Kagyu Lineage and vulnerability of their trainee nuns to sexual abuse. Upon information and belief, before Petitioner arrived at KLRC, Respondents Page 8 of 13 8 of 13 FILED: DELAWARE COUNTY CLERK 03/23/2022 02:50 PM INDEX NO. EF2022-182 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/23/2022 and/or their related entities were aware of public reports of sexual misconduct within Tibetan Buddhist monasteries. See, e.g., Ex. 23. Respondents also encouraged Petitioner to engage in tantric mediation practices, ordinarily reserved for advanced practitioners of Buddhism. Petitioner Aff. at ¶ 10. The very nature of these practices—which encourage sexual visualizations as a secret method of spiritual advancement—would put a reasonable entity on notice of the risk of misuse or misapplication of those principles. 31) Respondents and/or their related entities also had actual notice that the Karmapa had taken a special interest in Petitioner. In July 2017, the Karmapa visited KLRC. Ex. 21. Once there, the Karmapa went into Petitioner’s room and remained inside for a noticeable period, providing private blessings and spiritual advice. Petitioner Aff. at ¶ 11. Staff, trainee nuns, and attendees in the women’s quarters would likely have seen him enter Petitioner’s room. Because men were not allowed in women’s rooms, this event would have been noteworthy, even though the Karmapa asserts that he functioned outside these rules. See Ex. 24 at ¶¶ 11, 12. 32) Despite this knowledge, Respondents and/or their related entities still assisted the Karmapa in gaining access to the nuns’ residence hall on October 14, 2017, where the Karmapa entered Petitioner’s room and engaged in a nonconsensual commercial sex act with her. When the Karmapa entered Petitioner’s room for a second time and remained therein, Respondents and/or their related entities’ staff did not investigate. Petitioner Aff. at ¶ 13. When the Karmapa exited Petitioner’s room after an extended period inside it, with the door locked against protocols, Respondents and/or their related entities’ staff did not investigate. Id. 33) Respondents and/or their related entities continue to financially benefit from their venture with the Karmapa today. A scandal or decrease in the Karmapa’s prestige would likely have caused the financial donations that fund Respondents and/or their related entities’ facilities to dry up. Instead of taking any preventative or investigative actions, Respondents Page 9 of 13 9 of 13 FILED: DELAWARE COUNTY CLERK 03/23/2022 02:50 PM INDEX NO. EF2022-182 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/23/2022 and/or their related entities have continued to harbor a sexual predator and whitewash the Karmapa’s pattern and practice of misbehavior, as a means to reap the financial rewards of his worldwide brand recognition. On information and belief, after the July 2017 visit, Respondents and/or their related entities did not warn the trainee nuns to avoid being alone with the Karmapa or attempt to chaperone the Karmapa in the women’s quarters. On information and belief, after the October 2017 visit, Respondents and/or their related entities assisted the Karmapa in keeping the assault quiet. They also continued to associate publicly with the Karmapa. Ex. 25. Even today, Respondents and/or their related entities continue to associate themselves with the Karmapa, charging a suggested $80 donation for teachings about his books and advertising his prior visits to their facilities. See, e.g., Exs. 26, 27. 34) As a direct and proximate result of the Respondents’ unlawful conduct as alleged above, Petitioner suffered physical injury, pregnancy, severe emotional distress, humiliation, embarrassment, mental and emotional distress and anxiety, economic harm, and other consequential damages. Petitioner Aff. at ¶¶ 17, 19. IV. THE INFORMATION SOUGHT IS MATERIAL AND NECESSARY TO THE ACTIONABLE WRONG 35) New York courts have consistently held that pre-action discovery is available to determine who the defendants to an action should be. (Matter of Diaz v Metro. Tr. Auth., 190 AD3d 734, 735 [2d Dept 2021]). Here, pre-action discovery is necessary for that reason. 36) Respondents’ corporate structure is complex and, upon information and belief, made intentionally opaque to hide assets. Petitioner seeks pre-action discovery to determine which legal entities are responsible for her injuries, whether wealth is improperly transferred between these entities and others relating to the Karma Kagyu Lineage, and whether, as is believed, the corporate veil ought to be pierced to enable Petitioner to bring suit against, and seek to recover against, the entities in which the assets reside. Page 10 of 13 10 of 13 FILED: DELAWARE COUNTY CLERK 03/23/2022 02:50 PM INDEX NO. EF2022-182 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/23/2022 37) Petitioner has several reasons for believing that the Karma Kagyu lineage fails to adhere to corporate formalities, and that one or more related entities are proper in a suit for benefitting financially from trafficking. 38) For example, while Respondent Karma Triyana Dharmachakra Inc. is registered as a 501(c)(3) charity with the IRS, with an address listed in Woodstock, New York, it does not seem to be listed as a New York registered charity on the New York Attorney General’s Charities Bureau website. See Exs. 13, 14. 39) According to the New York State Office of the Attorney General’s website, most organizations that “hold property of any kind for charitable purposes or engage in charitable activities in New York State and/or solicit charitable contributions … in New York are required to register with the Attorney General’s Charities Bureau.” 4 A search for KKI on the New York Attorney General’s Charities Bureau website demonstrates that KKI is considered “exempt” from registering. See Ex. 18. As a result, no registered agent is listed on the Charities’ Bureau website. 40) Additionally, the Karmapa lives an extremely lavish lifestyle, yet professes not to take a salary or have any assets to his name. See Petitioner Aff. at ¶ 20. Petitioner believes that Defendant uses Respondents and/or related entities as his personal bank account, such that their funds are fully commingled. See Petitioner Aff. at ¶¶ 18, 20. Respondents and the Karmapa sell expensive tickets to his speeches and appearances, which raises further questions regarding the source of his funds. See, e.g., Exs. 19, 27. Petitioner seeks discovery to determine whether, and which, corporate entities would be financially liable for any award against the Karmapa. 4 FAQs - Registration and Annual Filing of Charities (last accessed Mar. 1, 2022), https://www.charitiesnys.com /faqs_reg_new.html. Page 11 of 13 11 of 13 FILED: DELAWARE COUNTY CLERK 03/23/2022 02:50 PM INDEX NO. EF2022-182 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/23/2022 41) Finally, many of the directors of KLRC use Tibetan pseudonyms rather than their legal names. See Ex. 2 (referring to staff by Tibetan names). This has made it more challenging to name the correct, responsible defendants in Petitioner’s pending complaint. V. THE INFORMATION SOUGHT 42) Pre-action disclosure is necessary to allow Petitioner to name the correct defendants that ran, operated, or managed the KLRC, and which, on information and belief, funded the Karmapa’s lifestyle through religious donations. 43) Petitioner seeks an order from this Court directing Respondents to provide the undersigned attorneys of Petitioner with the following limited information: a) Documents sufficient to identify all entities which, from January 1, 2015 until the present: (1) own or have owned, (2) operate or have operated, (3) manage or have managed, (4) fund or have funded, or (5) direct or have directed, activity at KLRC in Delhi, New York, and the role played by each such entity. b) Documents sufficient to identify the corporate structure of Respondents and all entities related to Respondents, including the directorship and/or ownership of each entity from January 1, 2015, until the present. c) Documents sufficient to demonstrate the source of previous funds paid to Petitioner through individuals affiliated with Respondents, purportedly on the Karmapa’s behalf. 44) Petitioner has no means to obtain the above-reference information without pre-action disclosure. Although, through counsel, Petitioner has repeatedly requested that the Karmapa forward information related to this Petition to Respondents’ counsel, the Karmapa’s counsel has failed to confirm or deny that he has done so. See Exs. 28, 29. 45) No prior application has been made for the relief sought in this petition. Page 12 of 13 12 of 13 FILED: DELAWARE COUNTY CLERK 03/23/2022 02:50 PM INDEX NO. EF2022-182 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/23/2022 WHEREFORE, Petitioner Vikki Han respectfully requests that this Court grant this petition in its entirety, along with any other relief to which she is entitled. Dated: Maidenhead, England March 23, 2022 McAllister Olivarius ________________________ Dr. Ann Olivarius Dr. John F. O. McAllister Jessie Ratcliffe 641 Lexington Ave, 13th Floor New York, NY 10022 Telephone: (212) 433-3456 Counsel To Plaintiff Page 13 of 13 13 of 13