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| A Sacred Trust - the UEP | ||||||||||||||||||||||||||||||||||||||
"Surplus wealth is a sacred trust which its possessor is bound to administer in his lifetime for the good of the community." -- Andrew Carnegie | ||||||||||||||||||||||||||||||||||||||
In 1942, the United Effort Plan (UEP), a religious charitable trust, was formed by the Fundamentalist Mormons living in Short Creek. The trust, which still operates today, owned all real estate in the area and assigned men tracts of land to live on. Families could build houses on the property but the buildings remained the property of the UEP. In exchange for being provided land to build on, the men participated in "work projects" and gave tithings of their earnings to the UEP. People were living the "United Order" and were happy. Land was being consecrated to the UEP in order to build up the Kingdom of God and decades later, the UEP became an enormous entity. The United Effort Plan still controls almost all of the property in the polygamous towns of Hildale and Colorado City, as well as other outlying areas such as Nevada and Bountiful, Canada. The recent discord and "house swapping" in the Hildale/Colorado City community opened a can of worms regarding who has the right to live on UEP land. Then trust-owned buildings and assets started "disappearing" and UEP land was being secretly sold. Today there's a court fight over who will control the estimated $100-200 million dollars in assets held by the UEP trust. The Utah and Arizona Attorneys General became concerned about whether or not the UEP trustees were protecting the beneficiaries' interests. The two AG's went to court and had the trustees, including Warren Jeffs, removed and now a fiduciary is in charge of the UEP trust until new trustees are appointed. These news articles about the UEP fiasco are listed in chronological order. | ||||||||||||||||||||||||||||||||||||||
| FLDS church selling land in Hildale | ||||||||||||||||||||||||||||||||||||||
| Outsiders say land deals signal leaders' plan to leave Southern Utah; 60 more acres obtained in Colorado | ||||||||||||||||||||||||||||||||||||||
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By Rachel Olsen The Spectrum Originally published Friday, October 29, 2004 | ||||||||||||||||||||||||||||||||||||||
| ST. GEORGE -- The financial arm of the Fundamentalist Church of Jesus Christ of Latter Day Saints recently sold land in Hildale and people outside the church think they know why. The sale and purchase of land reinforced what some outside the church have believed -- that the FLDS leaders and elite will leave followers behind in the land they called sacred. The United Effort Plan and Trust is the financial arm of the church, which is based in the twin communities of Hildale and Colorado City, often referred to as Short Creek. Polygamy is a basic tenet of the church, led by Warren Jeffs, the self-proclaimed prophet. Rod Parker, an attorney for the FLDS church, said the sale or transfer of property is not an uncommon practice for an entity. In the past he said a move to land purchased in Texas was partly because of pressures from Utah authorities. Over the course of more than a year, an agent for the FLDS church, David Allred, purchased approximately 120 acres in Montezuma County, Colo. Read more | ||||||||||||||||||||||||||||||||||||||
| Utah, Arizona target polygamist's finances | ||||||||||||||||||||||||||||||||||||||
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By Joseph A. Reaves The Arizona Republic Originally published February 19, 2005 | ||||||||||||||||||||||||||||||||||||||
| The self-proclaimed prophet of the nation's largest polygamous community could lose his greatest powers under a motion filed in a Salt Lake City court. The motion seeks to remove Warren Jeffs as head of United Effort Plan, a private trust that controls virtually all land, housing and financial assets in the twin towns of Colorado City, Ariz., and Hildale, Utah. The move is the latest and potentially most significant crackdown against the Fundamentalist Church of Jesus Christ of Latter Day Saints, a breakaway sect, which, unlike the mainstream Mormon religion, practices polygamy. "What we've really done is start a process, but it's a big thing," said Roger Hoole, the attorney who filed the motion late Thursday in Utah's 3rd District Court. Hoole represents seven defendants from a previous lawsuit against the sect. Arizona Attorney General Terry Goddard and his counterpart in Utah, Mark Shurtleff, are working closely with Hoole. Shurtleff's office filed papers in support of Hoole's motion this week. Goddard said his office planned to do the same early next week. "The trust has been this apparently impenetrable insulation around the FLDS," Goddard said. "We have an opportunity now to get the court to do the right thing." Because the trust owns virtually all land and housing, Jeffs decides who lives in Colorado City and Hildale. He uses that power as one way to control his estimated 6,000 to 10,000 followers. Read more | ||||||||||||||||||||||||||||||||||||||
| Fighting Over FLDS Church Assets | ||||||||||||||||||||||||||||||||||||||
| The multi-million dollar assets of the Fundamentalist LDS Church appear to be used to build a massive temple in Texas. Now, state authorities are wading into a lawsuit to seize that money. | ||||||||||||||||||||||||||||||||||||||
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By Ben Winslow KSL NewsRadio 1160 Originally broadcast March 10, 2005 | ||||||||||||||||||||||||||||||||||||||
| (KSL News) -- Utah and Arizona's Attorneys General are getting in the middle of a fight over the assets of the Fundamentalist LDS Church. They've filed court papers to have a say in who ultimately controls the multi-million dollar United Effort Plan. Utah Attorney General Mark Shurtleff says the trust controls almost all of the property in the polygamous towns of Hildale and Colorado City. "The concern is that it doesn't look like the trustees are protecting the beneficiaries anymore if they won't even show up in court to try and defend a lawsuit that's going after the assets of that trust. So that's the state's interest." FLDS leader Warren Jeffs has not responded to the lawsuit, filed by former members. His lawyers have withdrawn from the case. | ||||||||||||||||||||||||||||||||||||||
| Utah, Ariz. target polygamist | ||||||||||||||||||||||||||||||||||||||
| State officials seek to curb leader's funds | ||||||||||||||||||||||||||||||||||||||
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By Joseph A. Reaves The Arizona Republic Originally published April 18, 2005 | ||||||||||||||||||||||||||||||||||||||
| Lawyers representing the attorneys general of Arizona and Utah plan to be in court today in Salt Lake City to support moves to strip the head of the nation's largest polygamist community of his greatest political and financial assets. A civil hearing in Utah's 3rd Judicial District Court will be largely procedural, but represents a significant step in efforts to curb the power and influence of Warren Jeffs, self-proclaimed prophet of the Fundamentalist Church of Jesus Christ of Latter Day Saints. Jeffs, 49, commands unquestioned loyalty from an estimated 6,000 to 10,000 FLDS followers clustered in two communities astride the Arizona-Utah state line north of the Grand Canyon. He controls virtually all property, jobs and political influence in the twin towns through a religious and charitable trust known as the United Effort Plan. Today's court hearing involves a request to consolidate motions filed by two different groups seeking to remove Jeffs from control of the UEP. Arizona Attorney General Terry Goddard and his Utah counterpart, Mark Shurtleff, filed formal notices earlier this year to be recognized as "interested parties" in the cases. The attorneys general told the court they feared the trust's assets were in danger of being siphoned off and used by individuals rather than for the good of sect members. Read more | ||||||||||||||||||||||||||||||||||||||
| Courts To Take Control of FLDS Financial Empire? | ||||||||||||||||||||||||||||||||||||||
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By Ben Winslow KSL NewsRadio 1160 Originally broadcast May 26, 2005 | ||||||||||||||||||||||||||||||||||||||
| The Utah Attorney General's Office is asking a court to take control of the vast financial empire of the Fundamentalist LDS Church. The action comes as the heat is turned up on the southern Utah polygamous church. Former FLDS members are suing the church's United Effort Plan. Mark Shurtleff says that means all the real estate, cash, and corporations that members kick in could go into default. "All their property is in the trust. Somebody needs to step up and protect them and that is what we’re asking the court to do today." The church isn’t fighting the legal action. The FLDS church's United Effort Plan is estimated to be worth 200 million. Shurtleff says he believes FLDS leaders may have already liquidated some of the money. "We are doing this for one purpose and one purpose only, to protect the members of the FLDS church." FLDS prophet Warren Jeffs is the target of an ongoing criminal probe. | ||||||||||||||||||||||||||||||||||||||
| IN THE THIRD JUDICIAL DISTRICT COURT IN AND FOR SALT LAKE COUNTY, STATE OF UTAH | ||||||||||||||||||||||||||||||||||||||
| IN THE MATTER OF THE UNITED EFFORT PLAN (Dated November 9, 1942, Amended April 10, 1946, and Amended and Restated on November 3, 1998); and its TRUSTEES including known trustees TRUMAN BARLOW, WARREN JEFFS, LEROY JEFFS, WINSTON BLACKMORE, JAMES ZITTING and WILLIAM E. JESSOP a/k/a WILLIAM E. TIMPSON and DOE TRUSTEES I THROUGH X. | ||||||||||||||||||||||||||||||||||||||
| Read the UTAH ATTORNEY GENERAL'S PETITION FOR (i) REMOVAL OF CURRENT TRUSTEES AND APPOINTMENT OF NEW TRUSTEES; (ii) THE SUSPENSION OF THE CURRENT TRUSTEES PENDING A HEARING ON THEIR REMOVAL; (iii) AN INVENTORY, ACCOUNTING AND FINAL REPORT OF THE CURRENT TRUSTEES; (iv) THE APPOINTMENT OF A SPECIAL FIDUCIARY; (v) A HEARING FOR THE APPOINTMENT OF NEW TRUSTEES PROPOSED BY INTERESTED PARTIES; (vi) SPECIAL NOTICE FOR HEARINGS | ||||||||||||||||||||||||||||||||||||||
| Read the NOTICE OF INTERESTED PARTIES AND RESPONSE TO PETITIONS | ||||||||||||||||||||||||||||||||||||||
| Read the EX PARTE ORDER GRANTING REQUEST FOR SPECIAL NOTICE OF HEARING | ||||||||||||||||||||||||||||||||||||||
| Read the PRIVATE BENEFICIARIES' PETITION FOR (i) REMOVAL OF CURRENT TRUSTEES AND APPOINTMENT OF NEW TRUSTEES; (ii) SUSPENSION OF THE CURRENT TRUSTEES PENDING A HEARING ON THEIR REMOVAL; (iii) AN INVENTORY, ACCOUNTING AND FINAL REPORT OF THE CURRENT TRUSTEES; (iv) THE APPOINTMENT OF A SPECIAL FIDUCIARY; (v) A HEARING FOR THE APPOINTMENT OF NEW TRUSTEES PROPOSED BY INTERESTED PARTIES; (vi) ALL AVAILABLE RELIEF UNDER UTAH CODE 75-71-1001(2)(i); AND (vi) SPECIAL NOTICE FOR HEARINGS | ||||||||||||||||||||||||||||||||||||||
| Read the EX PARTE TEMPORARY RESTRAINING ORDER APPOINTING A SPECIAL FIDUCIARY AND SUSPENDING THE TRUSTEES | ||||||||||||||||||||||||||||||||||||||
| News Release | ||||||||||||||||||||||||||||||||||||||
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Utah Attorney General Mark Shurtleff For Immediate Release May 27, 2005 Contact Paul Murphy: (801) 538-1892 | ||||||||||||||||||||||||||||||||||||||
| ATTORNEY GENERAL GETS TEMPORARY RESTRAINING ORDER AGAINST THE UNITED EFFORT PLAN TRUST | ||||||||||||||||||||||||||||||||||||||
| Attorney General Mark Shurtleff announced today that a Third District judge has issued a temporary restraining order suspending the authority and power of the trustees of the United Effort Plan Trust. Among the current trustees is Warren Jeffs, president of the Fundamentalist Church of Jesus Christ of Latter-day Saints. Judge Robert W. Adkins found that there was sufficient evidence to show that the existing trustees had not acted with reasonable care to protect trust property and defend the trust against pending lawsuits. At today's hearing, Assistant Attorney General Tim Bodily told the judge that immediate court intervention was needed because of concerns raised in a fraudulent transfer complaint that questioned recent transfers of trust property. The judge also considered an affidavit that alleged the property was transferred at below market value. Bodily argued that the trustee's failure to defend against pending lawsuits may leave the trust assets, including the homes and property of those living in Hildale Utah and Colorado City, Arizona, unprotected from pending claims. The judge appointed Certified Public Accountant Bruce Wisan as a special fiduciary for the United Effort Plan Trust for the limited purpose of protecting certain assets of the trust. The temporary order was issued without notice to the trustees. Judge Adkins will consider whether to continue the temporary order at a hearing scheduled for June 6 at 10:00 a.m. The judge will consider the issues raised by the restraining order and other matters at a hearing on June 22 at 9:00 a.m. | ||||||||||||||||||||||||||||||||||||||
| Shurtleff wants to freeze FLDS trust fund | ||||||||||||||||||||||||||||||||||||||
| Attorney general seeks to suspend Jeffs' authority | ||||||||||||||||||||||||||||||||||||||
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By Jennifer Dobner The Associated Press Deseret Morning News Originally published May 27, 2005 | ||||||||||||||||||||||||||||||||||||||
| The state Attorney General's Office has asked a court to freeze assets of a southern Utah polygamous church's trust fund and replace its top leaders — including reclusive prophet Warren Jeffs — with an independent third party. The state is seeking the immediate suspension of Jeffs' authority, along with that of five other trustees, over the trust fund for the Fundamentalist Church of Jesus Christ of Latter Day Saints. The trust, called the United Effort Plan, controls church property and assets. The trust fund has been estimated to be as much as $100 million, but no one knows for sure, Attorney General Mark Shurtleff said Thursday. A hearing on the state's request is scheduled today in Salt Lake City's 3rd District Court. Church members formed the trust during the 1940s, willingly turning over their property to the church, so that all could share in the community's assets. FLDS members in good standing are allowed to build homes on trust land but are considered tenants at will by church authorities. Recent court rulings have held that dissident members of the FLDS church must be reimbursed for improvements made to trust property. The "unjust enrichment" ruling was most recently applied to Colorado City resident Ross Chatwin, an excommunicated member of the polygamous church. Shurtleff said Thursday's move is necessary because there is evidence that trustees have recently started to divest some trust assets and are not acting in the best interests of all church members. Read more | ||||||||||||||||||||||||||||||||||||||
| Judge hears request to hamstring polygamous trust | ||||||||||||||||||||||||||||||||||||||
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By Travis Reed The Associated Press Tucson Citizen Originally published May 27, 2005 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY - A judge on Friday heard a request from the state of Utah to prevent leaders of a polygamous church from allegedly dumping assets from a charitable trust below market value and transferring them to insiders. It was unclear when 3rd District Judge Robert Adkins would rule on the request to appoint an independent party to oversee the assets, loosening the grip Fundamentalist Church of Jesus Christ of Latter Day Saints leader Warren Jeffs has on several-thousand member enclave's assets. The Attorney General's office asked that an independent fiduciary be appointed and given the authority to investigate where the assets have gone. Virtually all property in Hildale, Utah, and Colorado City, Ariz., was at one time transferred to the United Effort Plan trust to be shared by church members. The reclusive church president, considered a prophet by followers, has been accused of leveraging that control to oust members that might threaten his authority. It's unclear exactly how many assets the trust has or how many people are entitled to benefit from it, but Attorney General Mark Shurtleff has estimated it holds some $100 million. Six people are listed as trustees, but investigators believe Jeffs exercises almost sole authority, as he allegedly does in determining which church members are assigned wives and children in the isolated border towns the church dominates. At a 3rd District Court hearing set for June 22, the Attorney General's office will ask a judge to entirely remove all current trustees. The hearing Friday was an effort to "stop the bleeding" in the interim, assistant attorney general Tim Bodily said. Read more | ||||||||||||||||||||||||||||||||||||||
| FLDS Church Faces Court Challenges | ||||||||||||||||||||||||||||||||||||||
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KSL-TV Channel 5 Originally broadcast May 27, 2005 | ||||||||||||||||||||||||||||||||||||||
| New developments today in the Attorney General's case against the Fundamentalist Church of Jesus Christ of Latter Day Saints. Late this afternoon, a judge approved the state's request for independent parties to temporarily take control of the polygamous church's assets, spelling serious legal and financial trouble for prophet Warren Jeffs and his supporters. The trust, which controls FLDS church property and assets, has been estimated to be worth as much as 100 million dollars. Tim Bodily/Asst. Attorney General: "THE STATE IS NOT NECESSARILY ASKING THE ASSETS TO BE FROZEN, IT JUST TO ASK THAT CERTAINLY THE ASSETS NOT CONTINUALLY BE DISBURSED. THERE'S REAL PROPERTY THAT HAVE SUBSTATIAL VALUE THAT'S WITHIN THE TRUST THAT HAS BEEN TRANSFERRED RECENTLY ON MORE THAN ONE OCCASION AND WE BELIEVE IS APPROPRIATELY PROPERTY OF THE TRUST AND ITS BENEFICIARIES." The Attorney General's Office will ask a judge at a hearing set for June 22nd to entirely remove the polygamous leaders as trustees. | ||||||||||||||||||||||||||||||||||||||
| Buildings disappear after court freezes polygamous sect's assets | ||||||||||||||||||||||||||||||||||||||
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By Jennifer Dobner The Associated Press Tucson Citizen Originally published June 2, 2005 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY - Just after a court order freezing some assets of a southern Utah polygamist sect, several buildings believed to be owned by the religious order were dismantled and moved, a likely violation of the judge's ruling. In Hildale, Utah, an 18,000-square foot warehouse-type building, once the location of Cozy Log Homes mill and construction company, was dismantled over the weekend, said Sam Brower, a private investigator employed by several church dissidents. And in Colorado City, Ariz., a 34-foot by 130-foot building near an elementary school was uprooted from its concrete foundation and moved - somewhere - over the weekend. "They cleaned it out," said Brower, who videotaped and photographed some of the work over the weekend. "I gave them a copy of the (temporary restraining order) and told them they had no authority to even be there any longer, that the trustees were no longer in charge." Last week a 3rd District Court judge installed a Salt Lake certified public accountant as the special fiduciary for the United Effort Plan Trust, an arm of the Fundamentalist Church of Latter Day Saints, temporarily removing the fund's six trustees, including the reclusive church leader Warren Jeffs. Utah Attorney General Mark Shurtleff petitioned for the order, arguing that church leaders have systematically sold off land in the trust to a small, select group of people, leaving most members without trust benefits. Read more | ||||||||||||||||||||||||||||||||||||||
| Attorney general reassures Hildale of Utah's motives | ||||||||||||||||||||||||||||||||||||||
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By Patrice St. Germain The Spectrum Originally published June 4, 2005 | ||||||||||||||||||||||||||||||||||||||
| Utah Attorney General Mark Shurtleff said residents of Hildale don't need to be afraid about a court motion granted last Friday that appoints a special fiduciary and suspends the trustees of the United Effort Plan. Shurtleff said the action his office took last week against the UEP trustees is to protect church members' interests and the state is not seizing property. "There are private parties that have sued the trust and the trustees have not come forward and the lawsuits have gone into default," Shurtleff said. "We are stepping up to protect the interests of the beneficiaries because Warren Jeffs has not." Along with Jeffs, other UEP trustees include Leroy Jeffs, Winston Blackmore, James Zitting, Truman Barlow and William E. Jessop, a.k.a. William E. Timpson. The UEP was formed in the 1940s and members of the Fundamentalist Church of Jesus Christ of Latter Day Saints contributed to the fund in exchange to become tenants at-will on church-owned property by church authority. Shurtleff said no one knows for sure what the assets of the UEP are, but it has been estimated to be between $100 million and $200 million. Although there are several trustees listed for the UEP, Shurtleff said several have been excommunicated from the FLDS church. Right now, none of the trustees have been removed until they have their day in court, but they have no authority to conduct any business in behalf of the trust. Tracking the assets will be a complex paper trail because much money has been spent. Read more | ||||||||||||||||||||||||||||||||||||||
| Hearing Today on FLDS Church Assets | ||||||||||||||||||||||||||||||||||||||
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KSL-TV Channel 5 Originally broadcast June 6, 2005 | ||||||||||||||||||||||||||||||||||||||
| (KSL News) Hearings begin today to determine who will have control over the frozen assets of the Fundamentalist LDS Church. Last month, a judge approved the Utah Attorney General's request for independent parties to take control of the polygamous church's assets. That ruling follows scrutiny from state officials in both Utah and Arizona. Utah Attorney General Mark Shurtleff says it wanted the church's assets frozen so FLDS leader Warren Jeffs and other leaders couldn't liquidate them. | ||||||||||||||||||||||||||||||||||||||
| Search Is On For FLDS Leader Warren Jeffs | ||||||||||||||||||||||||||||||||||||||
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By John Hollenhorst KSL-TV Channel 5 Originally broadcast June 6, 2005 | ||||||||||||||||||||||||||||||||||||||
| Law enforcers, have been unable to find polygamist leader Warren Jeffs ... and, serve court papers, freezing his church's financial trust. But, critics say ... Jeffs' followers, are already out-flanking the court order ... by 'looting' the trust's assetts. John Hollenhorst joins us ... from the Matheson Courthouse. A judge today extended his order, freezing the financial trust for another ten days. It's reportedly worth perhaps 100 million dollars. The trust includes most of the land, buildings and businesses in the polygamist twin towns of Colorado City, Arizona and Hildale, Utah. It's the financial backbone of Warren Jeffs and his Fundamentalist Church of Jesus Christ of Latter Day Saints. In the wake of lawsuits against Jeffs, and claims by the Attorney General that the trust is mismanaged, a judge ordered the assetts frozen. But critics say Jeff's followers have started looting those assetts on a daily basis. MARLENE MOHN, LAWYER FOR FORMER MEMBERS: "BUILDINGS ARE DISAPPEARING OVERNIGHT. Read more | ||||||||||||||||||||||||||||||||||||||
| Restraining order on UEP extended | ||||||||||||||||||||||||||||||||||||||
| No trustees appear for hearing in Salt Lake City | ||||||||||||||||||||||||||||||||||||||
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By Patrice St. Germain The Spectrum Originally published Tuesday, June 7, 2005 | ||||||||||||||||||||||||||||||||||||||
| The temporary restraining order against the United Effort Plan and its trustees will remain in effect for another 10 days, a representative from the Utah Attorney General's Office said Monday. Tim Bodily, assistant Utah attorney general, said Monday that the next court date would be June 22. At that time, his office will ask the court to grant a final resolution by requesting that the UEP trustees be removed and a special fiduciary be appointed. None of the trustees or attorney representing the UEP attended the court hearing Monday morning in Salt Lake City. UEP trustees include Warren Jeffs, Leroy Jeffs, Winston Blackmore, James Zitting, Truman Barlow and William E. Jessop, reportedly also known as William E. Timpson. The UEP was formed in the 1940s, and members of the Fundamentalist Church of Jesus Christ of Latter Day Saints contributed to the fund. The FLDS church dominates the twin communities of Hildale and Colorado City. The church, which teaches polygamy as one of its doctrines, is led by Jeffs, the group's self-proclaimed prophet. Members of the church recently built a complex in a secluded area of Texas. Utah Attorney General Mark Shurtleff asked for the temporary restraining order to be put in place to prevent UEP trustees from transferring assets, including land, equipment or funds, out of the trust. But despite the order, one 18,000-square-foot building that housed Cozy Log Homes manufacturing reportedly was dismantled and moved over the weekend, after the signing of the court order May 27. Since then, Colorado City resident Ross Chatwin alleged that other UEP buildings have been cleaned out, but not much is being done to prevent it. "There are things being taken from projects and businesses," Chatwin said. "Since the temporary restraining order, it has been done a lot, and people are working nights stripping buildings, making things disappear." Read more | ||||||||||||||||||||||||||||||||||||||
| PUBLIC NOTICE - NOTICE OF PETITION AND HEARING | ||||||||||||||||||||||||||||||||||||||
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Legal Announcements Cortez Journal Originally published June 9, 2005 | ||||||||||||||||||||||||||||||||||||||
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Third Judicial District Court, in and for Salt Lake County, State of Utah Case No. 053900848 IN THE MATTER OF THE UNITED EFFORT PLAN TRUST, and its TRUSTEES, including known trustees, TRUMAN BARLOW, WARREN JEFFS, LEROY JEFFS, WINSTON BLACKMORE, JAMES ZITTING, WILLIAM E JESSOP a/k/a WILLIAM E. TIMPSON, AND DOES TRUSTEES I THROUGH IX. Notice is hereby given that on May 26, 2005, the Utah Attorney General filed a petition for (i) removal of current trustees and appointment of new trustees; (ii) the suspension of the current trustees pending a hearing on their removal; (iii) an inventory, accounting and final report of the current trustees; (iv) the appointment of a special fiduciary; (v) a hearing for the appointment of new trustees proposed by interested parties; (vi) special notice for hearings and for such other and further relief as the Court deems necessary and appropriate. Notice is further given that on May 26, 2005, Richard L. Holm, John W. Nielsen and Merril T. Stubbs filed a petition for (i) removal of current trustees and appointment of new trustees; (ii) suspension of the current trustees pending a hearing on their removal; (iii) an inventory, accounting and final report of the current trustees; (iv) the appointment of a special fiduciary; (v) a hearing for the appointment of new trustees proposed by interested parties, (vi) all available relief under Utah Code § 75-7-1001(2)(i); and (vii) special notice for hearings. Read more | ||||||||||||||||||||||||||||||||||||||
| Indictment Could Force Polygamist Out of Hiding | ||||||||||||||||||||||||||||||||||||||
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By Paul Foy The Associated Press KPHO News 5 - Phoenix Originally broadcast June 10, 2005 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY (AP) -- An indictment charging Warren Jeffs with arranging an underaged polygamous marriage could force the reclusive church leader out of hiding, making him answer a series of civil complaints as well, Utah Attorney General Mark Shurtleff said Friday. Shurtleff said his office has been unable to serve Jeffs with court papers severing his control over a wealthy trust that controls the polygamous border towns of Hildale, Utah, and Colorado City, Ariz. Shurtleff's process server was turned away at a Texas ranch where Jeffs is believed to be sequestered. But Jeffs couldn't as easily resist criminal charges, and Arizona is likely to ask Texas authorities to execute an arrest warrant, Shurtleff said. Shurtleff has brought Jeffs' Fundamental Church of Jesus Christ of Latter Day Saints under increasing pressure amid allegations of sexual abuse, forced marriages and welfare fraud, and Shurtleff applauded Mohave County, Ariz., for finding the evidence to file charges against Jeffs. "He's going to be held accountable for the charges. That's the bottom line," Shurtleff said. "This sends a message that Warren Jeffs is not above the law." Once in Arizona's custody, Jeffs will be required to answer an order issued by a Utah court approving a temporary takeover of the United Effort Plan, the church trust estimated to hold $100 million in assets. Read more | ||||||||||||||||||||||||||||||||||||||
| Judge Orders Jeffs Not to Sell Off FLDS Assets | ||||||||||||||||||||||||||||||||||||||
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The Associated Press KSL-TV Channel 5 Originally broadcast June 16, 2005 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY (AP) -- A judge today granted a request from the Utah Attorney General's Office to prevent the reclusive polygamist leader Warren Jeffs from selling off assets of the Fundamentalist Church of Jesus Christ of Latter Day Saints. Several pieces of trust property were sold last year. And the Utah Attorney General's office says some church members could be at risk of losing their homes because Jeffs is not contesting two lawsuits, and the trust assets could be taken by the courts. Next week, Shurtleff will ask the courts to permanently remove Jeffs and others as trustees and install others to run the trust. Jeffs hasn't been seen in a year, and is believed to be living at a church compound in West Texas. In Third District Court today, former FLDS member Winston Blackmore said he was no longer a United Effort Plan trustee and that Shurtleff is doing the right thing. Blackmore leads a group of church members who live in a community called Bountiful, just outside the border town of Creston, British Columbia. He tells The Associated Press that the original spirit of the UEP Trust has been lost and that church members and their families need to be protected. | ||||||||||||||||||||||||||||||||||||||
| Former FLDS trustee lauds efforts to protect church trust | ||||||||||||||||||||||||||||||||||||||
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By Jennifer Dobner The Associated Press Denton Record-Chronicle - Denton, TX Originally published June 16, 2005 | ||||||||||||||||||||||||||||||||||||||
| A former high-ranking member of the Fundamentalist Church of Jesus Christ of Latter Day Saints said Thursday he's siding with the state of Utah in a battle to strip reclusive leader Warren Jeffs of authority over church assets. "Something has to be done to protect the beneficiaries of the trust," said Winston Blackmore, subpoenaed for the hearing over the United Effort Plan Trust because he was once listed as a trustee. Blackmore has fled the southern Utah polygamous enclave and now runs a Canadian offshoot of the church near Creston, British Columbia. Jeffs is no longer defending himself or the trust in lawsuits, and the state has alleged that he's selling off assets to keep them from being frozen. All the land in the twin border towns of Hildale, Utah, and Colorado City, Ariz., was at one time given to the trust and intended to benefit all of the sect's estimated 6,000 to 10,000 members. Attorney General Mark Shurtleff's office has sought to take control of the trust, arguing Jeffs has liquidated assets to church insiders at below-market value — to the detriment of lower-level members. "The whole spirit of the trust changed," Blackmore said. Read more | ||||||||||||||||||||||||||||||||||||||
| Who will control sect's $100 mil? | ||||||||||||||||||||||||||||||||||||||
| Judge may decide fate of polygamist group's holdings today | ||||||||||||||||||||||||||||||||||||||
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By Mark Shaffer The Arizona Republic - Flagstaff Bureau Originally published June 22, 2005 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY - Its leader has been indicted on charges of sex crimes, and financial documents in its school system have been seized in a search for criminal activity. But the biggest blow yet to the polygamist sect that controls the twin towns of Colorado City, Ariz., and Hildale, Utah, could come today when a Utah judge is expected to decide whether the sect leaders who control the purse strings to a more than $100 million trust will retain their positions as trustees. Tim Bodily, an assistant Utah attorney general, said that if none of the leadership of the Fundamentalist Church of Jesus Christ of Latter Day Saints, including indicted leader and trustee Warren Jeffs, shows up in court this morning to challenge a preliminary injunction that froze trust funds, it will become a permanent injunction. That would mean that independent trustees would then take over what is expected to be an exhaustive task of trying to figure out what to do with the money in the United Effort Plan, a trust with utopian, socialistic ideals based on communal sharing in 19th-century Mormon settlements in Utah and Arizona. Read more | ||||||||||||||||||||||||||||||||||||||
| FLDS Leader Removed from Church Trust | ||||||||||||||||||||||||||||||||||||||
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The Associated Press KSL-TV Channel 5 Originally broadcast June 22, 2005 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY (AP) -- A judge on Wednesday stripped reclusive polygamist Warren Jeffs and five other church leaders as managers of a trust held by the Fundamentalist Church of Jesus Christ of Latter Day Saints. Neither Jeffs, nor trustees Truman Barlow, LeRoy Jeffs, William E. Jessop (aka William Timpson), or James Zitting appeared in Third District Court on Wednesday to object to their removal. Trustee Winston Blackmore, who runs an offshoot of the FLDS church in Bountiful, Canada, was present, but says he doesn't object to a change in trustees, which hold sway over trust which Utah Attorney General Mark Shurtleff has said could hold as much as $100 million. The court order signed by Judge Glenn Iwasaki on Wednesday permanently removes all six men as trustees and prevents them from managing any aspect of the United Effort Plan Trust, including liquidating its assets. A hearing was scheduled July 21 to appoint new trustees. Eight people -- most of whom were once members of the FLDS church -- are being nominated as new trustees, although in its current form, only five members can be selected. The state stepped in last month and had the assets frozen and temporary control given to an outside firm because it was feared Jeffs was liquidating the assets. Read more | ||||||||||||||||||||||||||||||||||||||
| Judge strips polygamist leaders of $150 million trust | ||||||||||||||||||||||||||||||||||||||
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By Mark Shaffer The Arizona Republic - Flagstaff Bureau Originally published June 22, 2005 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY - A Utah probate judge on Wednesday stripped the powerful polygamist leaders of Colorado City, Ariz., and Hildale, Utah, from the financial trust that oversees the neighboring towns in a move expected to bring about widespread changes in the nation's largest multiple-marriage sect. A hearing was scheduled for July 21 to appoint a new board of trustees over the towns' United Effort Plan trust. That board is expected to be considerably different from the polygamist patriarchs, none of whom appeared in court Wednesday to defend their trustee positions, who have financially controlled the town since the trust was formed 65 years ago. Among the seven replacement trustees proposed are two former polygamist wives - Margaret Cooke and Carolyn Jessop - who fled Colorado City with their children; and two former prominent residents of the town - Rayo Johnson and John Nielsen - who had disputes with sect leaders and were banished from the area, losing their families in the process. The trust is worth an estimated $150 million and includes about 700 homes and 30 businesses within the two towns along with land holdings in the area. Some former Colorado City residents have claimed that as much as $50 million already has been siphoned from the trust by the sect's leader, Warren Jeffs and his most loyal followers. Read more | ||||||||||||||||||||||||||||||||||||||
| After Fleeing Polygamist Community, an Opportunity for Influence | ||||||||||||||||||||||||||||||||||||||
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By Nick Madigan The New York Times Originally published June 29, 2005 | ||||||||||||||||||||||||||||||||||||||
| HILDALE, Utah, June 23 - Carolyn Jessop escaped in the dead of night, her eight frightened children in tow. The town she fled had been her home for her entire 35 years. It was the nation's largest polygamous community, run by an offshoot of the Mormon Church that she described as a "dangerous and destructive cult" that oppressed its women and children. "Women in the polygamist culture are looked at as property, as a piece of meat," said Ms. Jessop, formerly one of seven wives of a motel owner, whom she was forced to marry when she was 18 and he was 50. "We're not looked upon as human beings with rights. The women are basically baby-producers. It's a difficult thing to break away from. You don't contest it." But in a twist that might have seemed inconceivable when she ran away two years ago, Ms. Jessop and another escapee, Margaret Cooke, stand poised to join the board of a sect trust that owns almost all the property here and in adjoining Colorado City, Ariz. The board, like everything else, has always been run exclusively by men. That women might share power with men over a place known for female submission - the makeup of the board will be finalized in a court hearing on July 21 - is almost revolutionary in the communities, home to as many as 8,000 sect members. Read more | ||||||||||||||||||||||||||||||||||||||
| Terry Goddard and Mark Shurtleff Request Applicants to Serve As New Trustees for United Effort Plan Trust | ||||||||||||||||||||||||||||||||||||||
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Arizona Attorney General Terry Goddard Press Release AZAG.gov Originally released July 1, 2005 | ||||||||||||||||||||||||||||||||||||||
| (Phoenix, Ariz. – July 1, 2005) Arizona Attorney General Terry Goddard and Utah Attorney General Mark Shurtleff issued an official notification for all residents in Colorado City/Hildale area who live or work on property held by the United Effort Plan Trust that may be eligible to serve as a trustee or to propose others to serve as trustees. The Utah Court issued an order on June 22 finding that there was enough evidence to remove the current UEP trustees and suspend activities of the trust until new trustees are appointed. A hearing will be held on July 21 before Judge Constantino "Deno" Himonas to either appoint new trustees or establish a procedure to follow in the appointment of new trustees. The following people have already indicated their interest in serving as trustees: Lee Van Dam; Rayo S. Johnson; Carolyn Jessop; Winston Blackmore; Don Timpson; Roger Williams; Margaret Cooke; Richard L. Holm; Merrill J. Harker and George R. Hammon. Read more | ||||||||||||||||||||||||||||||||||||||
| News Release | ||||||||||||||||||||||||||||||||||||||
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Utah Attorney General Mark Shurtleff For Immediate Release July 1, 2005 Contact Paul Murphy: (801) 538-1892 | ||||||||||||||||||||||||||||||||||||||
| JUDGE TO CONSIDER NEW U.E.P. TRUSTEES | ||||||||||||||||||||||||||||||||||||||
| A Utah judge will soon consider new trustees to oversee the United Effort Plan Trust. The action comes after a judge issued an order removing the current trustees. The judge determined that the former trustees failed to protect the trust against pending lawsuits after the issue was raised by the Utah Attorney General's Office. The trust property at risk includes the homes and property of residents living in Hildale, Utah and Colorado City, Arizona. Judge Constandinos "Deno" Himonas will consider appointing new trustees at a hearing on July 21. If suitable trustees are not proposed, the judge could establish a process to name trustees or expand the role of the special fiduciary. "This hearing is a window of opportunity for anyone involved with the trust to try and protect their interests," says Utah Attorney General Mark Shurtleff. Read more | ||||||||||||||||||||||||||||||||||||||
| Utah AG sets hearing for trust | ||||||||||||||||||||||||||||||||||||||
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By Jennifer Weaver The Spectrum Originally published July 2, 2005 | ||||||||||||||||||||||||||||||||||||||
| CEDAR CITY - The Utah Attorney General's office has set a hearing for July 21 to appoint new trustees to oversee the estimated $150 million United Effort Plan Trust, the financial foundation of the Fundamentalist Church of Jesus Christ of Latter Day Saints. "Under law, I have the responsibility to protect beneficiaries of charitable trusts," Attorney General Mark Shurtleff said during a telephone interview. "If trustees are breaching their duty to those beneficiaries, by law, we step in and notify the court and ask the court to take steps to protect the individuals and beneficiaries. "This is not the first time we've done it, but we did it in this case because we found Warren Jeffs and other trustees had violated their duties to the members of the FLDS church." Judge Constandinos "Deno" Himonas will consider petitions appointing new trustees to the property trust set up by the patriarchs of the polygamist sect 65 years ago who based their ideals upon communal living principles. The trust includes 30 businesses, 700 homes and the property of nearly 10,000 residents living in Hildale and Colorado City. Read more | ||||||||||||||||||||||||||||||||||||||
| AGs talk UEP trust plans at meeting | ||||||||||||||||||||||||||||||||||||||
| Approximately 80 people gather in Colorado City | ||||||||||||||||||||||||||||||||||||||
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By Patrice St. Germain The Spectrum Originally published July 9, 2005 | ||||||||||||||||||||||||||||||||||||||
| COLORADO CITY - About 80 people showed up for a meeting Friday between the Utah and Arizona attorney general's offices, along with child protection agencies and community members. While the meeting, held monthly in various locations, went well, those who attended said the real action came after the meeting when six Mohave County Sheriff's Office vehicles and a helicopter from the Arizona Department of Public Safety showed up in town. Mohave County Attorney Matt Smith and Mohave County Sheriff Tom Sheahan were not available Friday afternoon for comment, but a woman at the sheriff's office did say that an investigation was under way. She said the office would not be more specific until next week. The monthly meetings are closed to the media, and those attending Friday's meeting declined to speak to reporters afterward, but officials at the meeting said they were pleased with the turnout and the questions asked by those in attendance. Tim Bodily, Utah assistant attorney general, attended the meeting to explain about the United Effort Plan trust and pending legal action. "There's a lot of confusion," Bodily said of the trust issue. "New trustees will be appointed in less than a month, but it will take longer to fully resolve the issues." Read more | ||||||||||||||||||||||||||||||||||||||
| Judge recuses himself from UEP case | ||||||||||||||||||||||||||||||||||||||
| Former DSC president Huddleston among possible new UEP trustees | ||||||||||||||||||||||||||||||||||||||
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By Patrice St. Germain The Spectrum Originally published July 13, 2005 | ||||||||||||||||||||||||||||||||||||||
| ST. GEORGE - Third District Court Judge Constandinos Himonas recused himself from a court hearing to appoint new trustees for the United Effort Plan Trust, the financial arm of the Fundamentalist Church of Jesus Christ of Latter Day Saints. The hearing, scheduled for July 21, was to appoint new trustees after Judge Glenn Iwasaki signed an order last month permanently removing FLDS church leader Warren Jeffs, Leroy Jeffs, Winston Blackmore, James Zitting, Truman Barlow and William E. Jessop, a.k.a. William E. Timpson, from the trust. Himonas, who was not available by telephone, separated himself from the case in a letter to the court after a petition was filed by the law firm of Christensen and Jensen requesting the appointment of outgoing Dixie State College President Robert Huddleston, local certified public accountant Gregory Kemp and Dr. Craig Booth as the new trustees. All three men are represented by the law firm of Jones, Waldo, Holbrook and McDonough, which once employed Himonas. Paul Murphy, spokesman for the Utah Attorney General's office, said the petition was presented on Friday. Until then, Himonas was planning to hear the case. "The hearing date and time may be changed and we want to make sure people know when that is if they want to be involved, but other than that, we have no real concerns," Murphy said. Read more | ||||||||||||||||||||||||||||||||||||||
| Judge Will Select Overseers For FLDS Church Trust | ||||||||||||||||||||||||||||||||||||||
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The Associated Press KUTV Channel 2 Originally published July 13, 2005 | ||||||||||||||||||||||||||||||||||||||
| Third District Court Judge Denise Lindberg will preside over a case involving who controls the trust fund for a polygamist church on the Utah-Arizona border. Lindberg's appointment Wednesday came after another judge, Constandinos Himonas, recused himself because of a potential conflict of interest when deciding who should be installed as new trustees for the United Effort Plan, the trust for the Fundamentalist Church of Jesus Christ of Latter Day Saints. The change in judges came as Utah and Arizona authorities continue to crack down on plural marriages and other areas of concern in the twin towns of Hildale and Colorado City, Ariz., where the church is thought to have its stronghold. Also on Wednesday, attorneys general from Utah and Arizona announced a $10,000 reward for information leading to the arrest of church President Warren Jeffs, who is on the lam after being indicted in Arizona with conspiracy to commit sexual conduct with a minor. Read more | ||||||||||||||||||||||||||||||||||||||
| News Release | ||||||||||||||||||||||||||||||||||||||
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Utah Attorney General Mark Shurtleff For Immediate Release July 14, 2005 Contact Paul Murphy: (801) 538-1892 | ||||||||||||||||||||||||||||||||||||||
| U.E.P. TRUST HEARING POSTPONED | ||||||||||||||||||||||||||||||||||||||
| The proposed July 21 hearing to consider new trustees for the United Effort Plan Trust has been postponed after the judge recused himself from the case. Judge Constandinos "Deno" Himonas withdrew because his former law firm, Jones, Waldo, Holbrook and McDonough, offered to represent a proposed trustee. The case has now been assigned to Judge Denise Lindberg. The hearing was scheduled for July 21 but Judge Lindberg was unavailable on that date and a new hearing date will be set. Last month a judge removed the current trustees after the Attorney General's Office raised concerns that the trust was not being protected against pending lawsuits. The trust property at risk includes the homes and property of residents living in Hildale, Utah and Colorado City, Arizona. On Friday, Assistant Attorney General Timothy Bodily went to Colorado City to meet with residents and other interested parties to explain what was happening with the trust. During the meeting, Bodily emphasized that the Utah Attorney General's Office will not propose or endorse any individual as a trustee. Presently, the Attorney General's Office is aware of four petitions proposing trustees. A "Notice of Interested Parties and Response to Petitions" was filed by Richard Jessop Ream, Thomas Samuel Steed, Don Ronald Fischer, Dean Joseph Barlow, Walter Scott Fischer, Richard Gilbert and Brent Jeffs that proposes Lee Van Dam, Carolyn Jessop, Winston Blackmore, Don Timpson, Rayo S. Johnson, Roger Williams, John Nielsen and Margaret Cook. Also, Richard L. Holm, John W. Nielson and Merril T. Stubbs have filed a "Private Beneficiaries Notices of Proposed Trustees" proposing the same trustees, plus Richard L. Holm, George R. Hammon and Merrill J. Harker. A third petition was filed by Donald B. Cox and James M. Pipkin proposing Robert Huddleston, Gregory Kemp and Craig Booth as trustees. Read more | ||||||||||||||||||||||||||||||||||||||
| Hearing to consider UEP trustees postponed | ||||||||||||||||||||||||||||||||||||||
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By Patrice St. Germain The Spectrum Originally published July 15, 2005 | ||||||||||||||||||||||||||||||||||||||
| ST. GEORGE - A hearing scheduled for July 21 to consider new trustees for the United Effort Plan Trust, the financial arm of the Fundamentalist Church of Jesus Christ of Latter Day Saints, has been postponed. Originally, 3rd District Court Judge Constandinos Himonas was to preside over the hearing. However, Himonas recused himself earlier this week after his former law firm - Jones, Waldo, Holbrook and McDonough -agreed to represent several people proposed as trustees. The case has been reassigned to Judge Denise Lindberg, but Lindberg is unavailable on July 21. Paul Murphy, spokesman for the Utah Attorney General's Office, said earlier this week that a delay in the hearing was possible because of Himonas' recusal. "The idea of another judge having that date conveniently open would have been unexpected," Murphy said. "Hopefully, the hearing will take place within the next month." As the newly appointed judge, it will be up to Lindberg to decide if more people can petition the courts to become trustees. Read more | ||||||||||||||||||||||||||||||||||||||
| News Release | ||||||||||||||||||||||||||||||||||||||
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Utah Attorney General Mark Shurtleff For Immediate Release July 19, 2005 Contact Paul Murphy: (801) 538-1892 | ||||||||||||||||||||||||||||||||||||||
| JUDGE SETS NEW DATE FOR UEP HEARING | ||||||||||||||||||||||||||||||||||||||
| A Utah judge has set an August 4 hearing date to consider new trustees for the United Effort Plan Trust. Third District Judge Denise Lindberg also set the parameters concerning who can be considered as an "interested party" to propose trustees. Judge Lindberg said the interested parties include: (1) The Corporation of the Fundamentalist Church of Jesus Christ of Latter-day Saints (FLDS Church); (2) the recently removed UEP trustees; (3) the Attorneys General of Utah and Arizona; and (4) all UEP beneficiaries, including those who have filed lawsuits against the trust. The judge said the beneficiaries include anyone who has "consecrated time, talents or resources to UEP." The current UEP trustees were removed last month after the Attorneys General of Utah and Arizona raised concerns that the trust was not being protected against pending lawsuits and that the homes and property of residents living in Hildale, Utah and Colorado City, Arizona may be at risk. The judge also declined to consider a petition filed by the Child Protection Project, a California-based group that described itself in court papers as a tax-exempt organization "dedicated to stopping the institutionalized abuse of children in quasi-religious groups." However, Judge Lindberg said she would consider Janet Ellen Johanson's affidavit, written in support of the Child Protection Project, because Johanson has donated time and money to the UEP Trust. Read more | ||||||||||||||||||||||||||||||||||||||
| Judge sets new date to consider trustees for polygamist church | ||||||||||||||||||||||||||||||||||||||
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The Associated Press KOLD News 13 - Tucson Originally broadcast July 20, 2005 | ||||||||||||||||||||||||||||||||||||||
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SALT LAKE CITY A judge has set an August fourth hearing date to consider new trustees for a polygamist church. Also today, Third District Judge Denise Lindberg set the parameters on who can be considered an "interested party" to propose trustees for the United Effort Plan. That's the financial arm of the Fundamentalist Church of Jesus Christ of Latter Day Saints. The state had the assets frozen, and church President Warren Jeffs and other trustees were permanently removed. People were earlier allowed to nominate themselves or others as new trustees, but the judge has narrowed the parameters of who is allowed to do that. They include:
- The Corporation of the Fundamentalist Church of Jesus Christ of Latter Day Saints. - The recently removed trustees. - The attorneys general of Utah and Arizona, and - All trust beneficiaries, including those who filed lawsuits against the trust. Lindberg said the beneficiaries include anyone who has consecrated time, talents or resources to the plan. | ||||||||||||||||||||||||||||||||||||||
| Determining who owns what in UEP | ||||||||||||||||||||||||||||||||||||||
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Editorials The Spectrum Originally published August 1, 2005 | ||||||||||||||||||||||||||||||||||||||
| It appears that there may be some questions about who owns what in Colorado City and Hildale. It is important right now that everyone step back and wait for things to be worked out legally before trying to stake any claims. The property and assets of the United Effort Plan of the Fundamentalist Church of Jesus Christ of Latter-day Saints are currently frozen under court order in Utah. New trustees will soon be appointed by the court to determine how things should be handled. In the meantime, it is unwise for anyone, regardless of what rights they feel they may have, to be moving into empty houses, remodeling or tearing down houses or taking property. The time will come when everyone will get their chance to prove their legal claim to various assets within the UEP. We recognize that this is a difficult time of change for many in the FLDS community. Several men from the community were recently arrested in Arizona and both Utah and Arizona are seeking to arrest FLDS leader Warren Jeffs. There are residents in these two isolated, polygamist communities who may feel uncomfortable trusting outside authorities. However, at this time, trust in the legal system is what is needed most - not actions that can heighten the tensions that already exist. Read more | ||||||||||||||||||||||||||||||||||||||
| FLDS trust stuck in limbo | ||||||||||||||||||||||||||||||||||||||
| Judge to consider names of potential trustees and their role | ||||||||||||||||||||||||||||||||||||||
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By Nancy Perkins and Leigh Dethman Deseret Morning News Originally published Wednesday, August 3, 2005 | ||||||||||||||||||||||||||||||||||||||
| ST. GEORGE — A Utah judge should hold off on appointing new trustees to oversee the United Effort Plan Trust and its extensive land holdings, according to a report filed Tuesday in 3rd District Court. A judge is expected to consider the names of several potential trustees Thursday in a hearing in Salt Lake City. Objections have been filed against nearly every person mentioned in the high-profile case. Bruce Wisan, a court-appointed special fiduciary for the UEP, said the proposed trustees would find little cooperation from those who live on trust land owned by the Fundamentalist Church of Jesus Christ of Latter Day Saints. "Every party who has filed a petition nominating trustees in this case is viewed as a dissident, apostate and/or anti-polygamy crusader," Wisan said in the 26-page report, adding that proposed trustees should fully disclose conflicts of interest and other information so the court can evaluate the background of each candidate. Utah Assistant Attorney General Tim Bodily agreed. "Many of the trustees that have been proposed now are all primarily coming from dissidents, or people that have a particular point of view that may not be shared by most of the people that reside on trust property," Bodily said in a phone interview Tuesday. "As a result, the court needs to be careful, we think, in making sure that they will appoint people that will represent the broad interest of the trust and also have the qualifications to do that. That's why we're (also) asking the court to take more time." Read more | ||||||||||||||||||||||||||||||||||||||
| Battle Breaks Out Over FLDS Empire | ||||||||||||||||||||||||||||||||||||||
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John Hollenhorst Reporting KSL-TV Channel 5 Originally broadcast August 3, 2005 | ||||||||||||||||||||||||||||||||||||||
| Fugitive polygamist leader Warren Jeffs may be gone, whereabouts unknown, but he's not forgotten. In fact, a huge legal battle has broken out over the $100-million dollar empire he once controlled and then walked away from. Tomorrow a judge will be asked to make some very tough choices. In the polygamist community of Hildale and Colorado City thousands of people live in homes they don't actually own. The real estate is owned by the United Effort Plan Trust, an arm of the FLDS Church run by Warren Jeffs. But the problem is, the community is not united. It's split into factions, splintered in bitter rivalry, especially since Warren Jeffs took power. Carl Holm, Former FLDS Member: "There's people in that that are loyal to Warren Jeffs and people that are not, people that are just trying to get by and live their lives." With Jeffs now a fugitive, the courts will likely appoint trustees to make such decisions as who gets to live in the houses. But various factions can't agree on dozens of nominated trustees. Tim Bodily, Assistant Attorney General: "Well there's no question there are some differences in religious beliefs at some level. And certainly there are substantial differences as to how the property should be administered and managed and who should live on it or not. And that is very bitter at some level." Read more | ||||||||||||||||||||||||||||||||||||||
| Name of former UEP trustee found on papers | ||||||||||||||||||||||||||||||||||||||
| Documents include building permit, six other permit applications | ||||||||||||||||||||||||||||||||||||||
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By Patrice St. Germain The Spectrum Originally published August 4, 2005 | ||||||||||||||||||||||||||||||||||||||
| COLORADO CITY - The signature, or a facsimile of the signature, of an ousted United Effort Plan trustee has turned up on one building permit and six other permit applications - one as recently as July 22 - filed in this polygamist community. The permits, issued for work on homes owned by the financial arm of the Fundamentalist Church of Jesus Christ of Latter Day Saints, all bear the signature or a likeness of the signature of former UEP trustee William E. Jessop. Colorado City building official David Darger, who issues the permits and applications, said he has "no desire to comment on the permits issued." Town clerk Joseph Allred said he doesn't know who William E. Jessop is but said he assumed that Jessop was an agent for a trustee. Allred said he was never notified of a May 27 court order removing the former UEP trustees, which included Warren Jeffs, Truman Barlow, Winston Blackmore, LeRoy Jeffs, James Zitting and Jessop, who is also known as William Timpson. Allred said he isn't sure what he would do when asked if the city would continue to accept permit applications with Jessop's signature. "I guess we will decide at that time," Allred said. Utah Assistant Attorney General Tim Bodily said his office is aware that Jessop's signature is turning up on documents as a U.E.P. trustee and that he is concerned. Read more | ||||||||||||||||||||||||||||||||||||||
| Frontier communal idea may be taking last gasp | ||||||||||||||||||||||||||||||||||||||
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By Mark Shaffer The Arizona Republic - Flagstaff Bureau Originally published August 4, 2005 | ||||||||||||||||||||||||||||||||||||||
| COLORADO CITY - It once had been a common concept among far-flung Mormon villages throughout the frontier West. A united order of like-minded individuals lived on communal property and donated the returns from their labor to a general fund to benefit all living in the community. In the southern Utah town of Orderville, the people even ate under one roof. The utopian way of life survived into the turn of the 20th century in the northern Arizona community of Joseph City after brief turns in Snowflake, Sunset and other Church of Jesus Christ of Latter-day Saints settlements. But 100 years later, the last vestige of the united order, the so-called United Effort Plan in the twin polygamist towns of Colorado City, Ariz., and Hildale, Utah, is in the cross hairs of the Utah court system. The leaders of the Fundamentalist Church of Jesus Christ of Latter Day Saints, a polygamist sect that has no affiliation with the mainstream Mormon Church, were all stripped of their trustee positions on the United Effort Plan board on June 23. A hearing is scheduled today in Utah District Court in Salt Lake City to consider appointing a new board of trustees. The new board could decide to dissolve the trust and put the property in the hands of the sect adherents who have lived on it for years. Read more | ||||||||||||||||||||||||||||||||||||||
| Court hearing today to appoint new UEP trustees | ||||||||||||||||||||||||||||||||||||||
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By Patrice St. Germain The Spectrum Originally published August 4, 2005 | ||||||||||||||||||||||||||||||||||||||
| COLORADO CITY - Pennie Rae Petersen left her Mesa, Ariz., home Wednesday evening to catch a flight to Salt Lake City to attend a court hearing today in 3rd District Court before Judge Denise Lindberg to appoint new trustees to the United Effort Plan. "Some of the names proposed are not law-abiding citizens," Petersen said. "I think whoever is chosen as trustees should have their background checked out." The United Effort Plan, the financial arm of the Fundamentalist Church of Jesus Christ of Latter Day Saints, is made up of land and other assets amassed by church members primarily living in the Hildale and Colorado City area. Petersen was born and raised in the polygamist community, which was formerly known as Short Creek. Although she no longer resides there, she has family that does. Over the years, they have contributed land and money to the trust. Petersen said some of the proposed trustees are apostates - those who are no longer part of the FLDS church - and would not be accepted by people still living in the twin cities. Read more | ||||||||||||||||||||||||||||||||||||||
| Utah to ask court for delay in naming FLDS trustees | ||||||||||||||||||||||||||||||||||||||
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The Associated Press Arizona Daily Sun Originally published August 4, 2005 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY (AP) -- The Utah Attorney General's office will ask a judge on Thursday to delay appointing trustees to manage the funds of the Fundamentalist Church of Jesus Christ of Latter Day Saints, after dozens of objections have been raised to the list of proposed candidates. In June, the court permanently removed church leaders from management responsibilities of the United Effort Plan Trust, which has an estimated worth of more than $100 million. The Utah attorney general sought the removal, saying the trustees, including reclusive church leader Warren Jeffs, had liquidated some trust assets and left others vulnerable by failing to defend lawsuits filed against Jeffs. Church members formed the trust during the 1940s, willingly turning over their property to the church, so all could share in the community's assets. Thursday's request to 3rd District Court Judge Denise P. Lindberg stems in part from concerns about who has been proposed to serve as a trustee, Assistant Attorney General Tim Bodily said. He will ask the court to require each of the 19 candidates to list their potential conflicts of interest and a detailed plan of how they would administer the trust. Read more | ||||||||||||||||||||||||||||||||||||||
| Judge delays ruling on trustees for polygamist church until October | ||||||||||||||||||||||||||||||||||||||
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The Associated Press KVOA News 4 - Tucson Originally broadcast August 4, 2005 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY A Utah judge has decided she will not name new trustees for the polygamist church on the Utah-Arizona border until October. Judge Denise Lindberg was to have named new trustees for the Fundamentalist Church of Jesus Christ of Latter Day Saints today. But she agreed with a Utah attorney general's request to instead have the people nominated as trustees provide more information. Those nominated must have that documentation - including their intentions as trustees - to her by August 24th to be considered. Lindberg said today she also was not prepared to even determine how many trustees there should be. She did, however, give the independent auditor installed earlier this summer to temporarily manage finances more power to conduct his investigation into the church's assets, estimated at 100 million dollars. | ||||||||||||||||||||||||||||||||||||||
| Judge stalls decision on UEP trustees | ||||||||||||||||||||||||||||||||||||||
| Lindberg allows more time to see if pro-FLDS church people will apply | ||||||||||||||||||||||||||||||||||||||
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By Patrice St. Germain The Spectrum Originally published August 5, 2005 | ||||||||||||||||||||||||||||||||||||||
| ST GEORGE - A judge delayed appointing new trustees to the United Effort Plan Trust, the financial arm of the Fundamentalist Church of Jesus Christ of Latter Day Saints, Thursday afternoon, but expanded the authority of court-appointed special fiduciary Bruce Wisan. The hearing, held in 3rd District Court in Salt Lake City before Judge Denise Lindberg, lasted three hours. Lindberg not only postponed naming new trustees until at least Oct. 25, she narrowed the pool of trustees. After the hearing, Wisan said one of his concerns was that out of the pool of 19 potential trustees, none were pro-FLDS. Because the UEP is primarily made up of FLDS church members, mostly residing in the Hildale and Colorado City area, Wisan said it would be a benefit to have some pro-FLDS people as trustees. "The judge indicated that she would open the pool back up if pro-FLDS people wanted to be considered," Wisan said. "I'm not sure if any active members (of the FLDS church) would be willing to serve." Read more | ||||||||||||||||||||||||||||||||||||||
| Decision on trustees is delayed | ||||||||||||||||||||||||||||||||||||||
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By Jennifer Dobner The Associated Press The Arizona Republic Originally published August 5, 2005 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY -- A judge on Thursday ordered people who want to be trustees for the polygamist church on the Utah-Arizona border to give the court a detailed look at their qualifications and an explanation of their intentions. Judge Denise Lindberg was scheduled to name trustees Thursday for the United Effort Plan Trust, which holds the real estate assets of the Fundamentalist Church of Jesus Christ of Latter Day Saints. But the Utah attorney general's office and a court-appointed independent auditor evaluating the trust asked the court to delay, seeking more information about nominees after objections were filed to most names. Lindberg agreed, saying she was not yet prepared to appoint anyone. "I don't have all the information I want to have," Lindberg said, noting that decisions made about the multimillion dollar trust will affect numerous lives. Read more | ||||||||||||||||||||||||||||||||||||||
| United Effort Plan Timeline | ||||||||||||||||||||||||||||||||||||||
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The Spectrum Originally published August 5, 2005 | ||||||||||||||||||||||||||||||||||||||
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May 24 – The Arizona Attorney General’s Office serves a criminal search warrant on Colorado City Unified School District No. 14. Agents take boxes of financial records, other documents and computer equipment. The attorney general’s office is preparing a petition to present to the State Board of Education to put the school district into receivership based on a law passed by the Arizona State Legislature. The new law will take effect August 12.
May 27 – Utah Attorney General Mark Shutleff announces that 3rd District Court Judge Robert W. Adkins issued a temporary restraining order suspending the authority and power of the trustees of the United Effort Plan trust, the financial arm of the Fundamentalist Church of Jesus Christ of Latter-Day Saints. Adkins found that there was sufficient evidence to show that trustees had not acted with reasonable care to protect trust property and defend against pending lawsuits. June 9 – The Mohave County Attorney’s Office indicts Warren Steed Jeffs, the prophet of the FLDS church, on two class-six felony charges, which include sexual conduct with a minor and conspiracy to commit sexual conduct with a minor. Read more | ||||||||||||||||||||||||||||||||||||||
| Twisted logic in polygamy case | ||||||||||||||||||||||||||||||||||||||
| Trustees must have true respect for laws on marriage | ||||||||||||||||||||||||||||||||||||||
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Opinions The Arizona Republic Originally published August 11, 2005 | ||||||||||||||||||||||||||||||||||||||
| Who would you pick for trustees of a pot of money worth more than $100 million that was established for a polygamous cult and put in jeopardy by its indicted and missing "prophet"? More polygamists? If you think the answer is obvious, you are in for a surprise. Polygamists are on the list of people a Utah court is considering as replacements for Fundamentalist Church of Jesus Christ of Latter Day Saints "prophet" Warren Jeffs and his cronies. Jeffs and Co. were stripped of their trusteeships to stop them from looting the trust's assets, which are the sole resource of 10,000 or so cult members living in Hildale, Utah, and Colorado City. One of those on the replacement list is Winston Blackmore, former leader of a polygamist cult in Bountiful, British Columbia. The Vancouver Sun says he is being investigated by Canadian authorities for sexual exploitation of underage girls. It is no secret that Jeffs' Arizona-Utah cult practices polygamy by inflicting the robust sexual appetites of older men on teenage girls who are raised to "keep sweet" and do what men tell them. Read more | ||||||||||||||||||||||||||||||||||||||
| UEP land may be sold next month | ||||||||||||||||||||||||||||||||||||||
| $2M offer has been accepted by Utah corporation | ||||||||||||||||||||||||||||||||||||||
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By Patrice St. Germain The Spectrum Originally published Saturday, August 27, 2005 | ||||||||||||||||||||||||||||||||||||||
| An issue involving 1,311 acres of land in Apple Valley that were under the United Effort Plan and then transferred to a company believed to have ties to a polygamous church leader may be resolved next month with the sale of 436 acres and a clear title on the remaining property. Bruce Wisan, the court-appointed special fiduciary for the UEP - the financial arm of the Fundamentalist Church of Jesus Christ of Latter Day Saints, which teaches polygamy as part of its doctrine - said an offer of $2 million for 436 acres has been accepted by Advantum Inc., a Utah corporation. Wisan said this was an offer that William R. Jessop, registered agent for Aspen Management Investments, LLC, had entered into with Advantum before attorney Roger Hoole filed a notice of interest on the sale of the property, which stopped the contract from going through. Hoole, of the Salt Lake City law firm Hoole and King, has been acting on behalf of several former members of the FLDS Church known as the "Lost Boys," young men who say they have been exiled from the FLDS church. Hoole wanted to stop the sale because he said it was not in the best interest of the beneficiaries of the UEP. Wisan said the court will have a hearing on that sale Sept. 20. If the sale goes through, the money, with the exception of $425,000, would go into a fund to be used by Wisan on behalf of the UEP . The $425,000 would be given to Aspen Management to pay an outstanding debt with attorneys Rod Parker and Scott Barry. Read more | ||||||||||||||||||||||||||||||||||||||
| Judge to consider purchase of UEP land in southern Utah | ||||||||||||||||||||||||||||||||||||||
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By Nancy Perkins Deseret Morning News Originally published September 20, 2005 | ||||||||||||||||||||||||||||||||||||||
| ST. GEORGE — A $2 million offer to purchase 436 acres of land in southern Utah could benefit the United Effort Plan Trust and its beneficiaries, said Bruce Wisan, the court-appointed special fiduciary in charge of the UEP until new trustees are appointed. Third District Court Judge Denise Lindberg is scheduled to hear motions filed by lawyers on both sides of the contentious issue this morning. Several people who are either suing the UEP or vying to be one of the new trustees oppose the sale. Each of them is asking Wisan to accept a different, higher offer for the property, which he has declined to do for various reasons. Read more | ||||||||||||||||||||||||||||||||||||||
| Sale of UEP land approved | ||||||||||||||||||||||||||||||||||||||
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By Patrice St. Germain The Spectrum Originally published September 21, 2005 | ||||||||||||||||||||||||||||||||||||||
| ST. GEORGE - Third District Court Judge Denise Lindberg approved the sale Tuesday of 436 acres of land once owned by the United Effort Plan, which gives the UEP money in its coffers, and returned another 715 acres to the trust, which has been under the control of a court-appointed special fiduciary since May. Lindberg approved the sale of 436 acres for $2 million to Advantum Inc., a residential building construction company based out of Pleasant Grove. She also returned ownership of 715 acres to the UEP, the financial arm of the Fundamentalist Church of Jesus Christ of Latter Day Saints, whose leader, Warren Jeffs, is wanted on charges of sexual offenses against children. The acreage is located in the Apple Valley area of Washington County. In September 2004, the land was transferred from the UEP to a company called Aspen Management. In May 2005, the land was transferred into the names of several other companies. Read more | ||||||||||||||||||||||||||||||||||||||
| News Release | ||||||||||||||||||||||||||||||||||||||
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Utah Attorney General Mark Shurtleff For Immediate Release October 20, 2005 Contact Paul Murphy: (801) 538-1892 | ||||||||||||||||||||||||||||||||||||||
| NEW DATE SET FOR U.E.P. TRUSTEE HEARING | ||||||||||||||||||||||||||||||||||||||
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The hearing to consider new trustees to oversee the United Effort Plan Trust has been rescheduled. Judge Denise Lindberg has moved the hearing from October 25 to November 7 to allow more time to consider all of the materials submitted about the proposed trustees.
A judge removed the former trustees for failing to protest the trust against pending lawsuits and putting homes and property in Hildale, Utah and Colorado City, Arizona at risk. The Utah Attorney General's Office has not proposed or endorsed any individual as a trustee. What: United Effort Trust Plan Hearing When: 2:00 p.m., November 7, 2005 Where: Judge Denise Lindberg's courtroom, Matheson Courthouse, 450 South State, Salt Lake City, Utah | ||||||||||||||||||||||||||||||||||||||
| Overseer Of UEP Trust Seeks Delay On New Trustees | ||||||||||||||||||||||||||||||||||||||
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By Jennifer Dobner The Associated Press Fort Worth Star-Telegram Originally published November 6, 2005 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY The court-appointed auditor trying to track down the loose assets of a polygamist sect will ask a judge on Monday to hold off on appointing a new panel of trustees for the community trust. Bruce Wisan, an independent accountant, said he was still unraveling the United Effort Plan, a trust that owns real estate and other assets thought to be worth more than $100 million. Wisan was appointed in May to oversee the United Effort Plan when the judge stripped control from six trustees who served the now-fugitive leader of the Fundamentalist Church of Jesus Christ of Latter Day Saints. Third District Court Judge Denise Lindberg was scheduled to select from a slate of 23 nominations for trustees at a hearing Monday, but Wisan's attorneys filed a motion last month asking her to delay making the appointments. The attorneys general of Utah and Arizona support the motion. "There are just some pretty technical issues, some tax and legal issues, that need to be resolved before getting involved in this," said Wisan, who has spent months trying to document church assets in southern Utah and elsewhere. Read more | ||||||||||||||||||||||||||||||||||||||
| Hearing to consider UEP trustees | ||||||||||||||||||||||||||||||||||||||
| Motion filed because of alleged attacks by court-appointed fiduciary | ||||||||||||||||||||||||||||||||||||||
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By Patrice St. Germain The Spectrum Originally published November 7, 2005 | ||||||||||||||||||||||||||||||||||||||
| A law firm representing a group of proposed trustees to the United Effort Plan Trust, the financial arm of the Fundamentalist Church of Jesus Christ of Latter Day Saints, filed an ex parte motion Friday afternoon. The ex parte motion for leave to file responsible memorandum was filed by Jerome Romero with Jones, Waldo, Holbrook & McDonough, who are the attorneys for nominee trustees Robert D. Huddleston, Craig L. Booth and Gregory A. Kemp - collectively known as the "Huddleston Group." The hearing to consider new trustees to oversee the UEP Trust is scheduled for today after 3rd District Court Judge Denise Lindberg delayed appointing trustees during an Aug. 4 hearing. According to the court filing, the motion was made for the reason that the Huddleston Group and their council of record have been the subject of attacks by not only various petitioning parties who have nominated other proposed trustees, but by the supposedly neutral court-appointed special fiduciary Bruce Wisan. Read more | ||||||||||||||||||||||||||||||||||||||
| Judge working on reform of FLDS trust | ||||||||||||||||||||||||||||||||||||||
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The Associated Press KPHO News 5 - Phoenix Originally broadcast November 7, 2005 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY - A Utah judge is working to reform the United Effort Plan trust that holds the real estate assets of The Fundamentalist Church of Jesus Christ of Latter Day Saints. Judge Denise Lindberg says the civil and religious aspects of the trust must be separated. The judge says she also plans to appoint an advisory board to help the court-appointed accountant catalogue trust holdings. An accountant testified in court today that he's concerned about paying taxes on the trust properties in Hildale, Utah, and Colorado City, Arizona. The court has taken control of the trust and reclusive FLDS leader Warren Jeffs has ordered church members not to cooperate with authorities. That includes paying taxes. Some believe Jeffs is still collecting large sums of money from members and is using the money to build the FLDS ranch in Texas. | ||||||||||||||||||||||||||||||||||||||
| News Release | ||||||||||||||||||||||||||||||||||||||
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Utah Attorney General Mark Shurtleff For Immediate Release December 14, 2005 Contact Paul Murphy: (801) 538-1892 | ||||||||||||||||||||||||||||||||||||||
| JUDGE ISSUES ORDER ON U.E.P. TRUST | ||||||||||||||||||||||||||||||||||||||
Attorney General Mark Shurtleff is praising a Utah judge today for creating the new framework for the United Effort Plan Trust. Judge Denise Lindberg issued an order this morning that explains how the trust will be administered and appointed a board of advisors. "These are difficult issues and we appreciate the time and effort that Judge Lindberg has put into the trust," says Shurtleff. "This memorandum will protect people who have donated money and time to the trust and make it possible for them to keep their homes," says Shurtleff. The Attorney General's Office asked the courts to intervene after the former trustees failed to protect the trust against pending lawsuits. The judge made several key decisions about the trust, including:
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| Judge issues order on UEP Trust | ||||||||||||||||||||||||||||||||||||||
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The Spectrum Originally published December 14, 2005 | ||||||||||||||||||||||||||||||||||||||
| ST. GEORGE — Third District Court Judge Denise Lindberg issued an order this morning for administration of the United Effort Plan, the financial arm of the Fundamentalist Church of Jesus Christ of Latter Day Saints, and establishes a new board of advisors. Former Dixie State College President Robert Huddleston heads the list of new advisory board members to work with a court-appointed Special Fiduciary who will administer UEP funds and holdings. Other board members are Margaret Cooke, Carolyn Jessop, Rayo Spencer Johnson, John Nielsen and Don Timpson. Warren Jeffs, the leader of the FLDS church, is being sought on state charges of sexual conduct with a minor and conspiracy to commit sexual conduct with a minor. He is also wanted on a federal warrant as a fugitive from justice. For more, see tomorrow’s edition of The Spectrum/Daily News. | ||||||||||||||||||||||||||||||||||||||
| Court gives decision on UEP trust | ||||||||||||||||||||||||||||||||||||||
| Wisan appointed fiduciary; six others to oversee polygamous sect's trust | ||||||||||||||||||||||||||||||||||||||
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By Patrice St. Germain The Spectrum Originally published December 15, 2005 | ||||||||||||||||||||||||||||||||||||||
| Third District Court Judge Denise P. Lindberg handed down her decision Wednesday on the United Effort Plan trust by appointing a board of advisors to assist court-appointed special fiduciary Bruce Wisan and clarified the purpose of the trust. Lindberg decided that the trust will be governed by a 1998 document instead of the original papers drafted in 1942 and that the trust - the financial arm of the Fundamentalist Church of Jesus Christ of Latter Day Saints - was intended to establish a charitable trust and must be reformed to support lawful charitable purposes. Those on the advisory board appointed to assist Wisan are Margaret Cooke, Robert Huddleston, Carolyn Jessop, Rayo Spencer Johnson, John Nielsen and Don Timpson. Timpson, a resident of Colorado City, said he likes the general direction of the advisory board and looks forward to working with the special fiduciary. "I think that the judge is doing the very best she can given the circumstances and situation placed before her," Timpson said. Read more | ||||||||||||||||||||||||||||||||||||||
| Judge lays out overhaul of church trust | ||||||||||||||||||||||||||||||||||||||
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By Jennifer Dobner The Associated Press The Olympian - Olympia, Washington Originally published December 15, 2005 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY — A judge on Wednesday outlined a plan for reforming the trust of the Fundamentalist Church of Jesus Christ of Latter-day Saints and appointed a six-member advisory board to temporarily assist a court-appointed accountant. Third District Judge Denise Lindberg has been working on an overhaul of the United Effort Plan trust for almost two months. Among the issues she sought to resolve were which of two trust documents — one from 1942 and one from 1998 — should stand as the controlling framework for a new trust and which elements of the trust need reform. The trust was created in 1942 as a charitable mechanism for FLDS church members, who willingly turned over their property so all could share in the community’s assets. In May, the Utah attorney general’s office asked the courts to remove the controlling trustees, including reclusive church leader Warren Jeffs, because they were not using the trust for charitable purposes and had left the assets vulnerable to liquidation through lawsuits filed against the FLDS church or its officers. Read more | ||||||||||||||||||||||||||||||||||||||
| Court starts new era for twin towns | ||||||||||||||||||||||||||||||||||||||
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IN OUR VIEW The Spectrum Originally published December 19, 2005 | ||||||||||||||||||||||||||||||||||||||
| A 3rd District Court judge's decision last week both closes and begins a chapter for many of the people who call Hildale and Colorado City home. Judge Denise P. Lindberg named new trustees to oversee the United Effort Plan, the financial arm of the Fundamentalist Church of Jesus Christ of Latter Day Saints. The polygamous church dominates the two border towns. And its leader, Warren Jeffs, is evading authorities who are seeking him on charges that he fostered an atmosphere of abuse of young girls by forcing them into marriages with much older men. The UEP took on added significance in the wake of Jeffs' legal troubles. The Utah Attorney General's Office stepped in months ago to remove Jeffs and his followers from the list of trustees to prevent a liquidation of assets that would help him hide from authorities. The naming of the new trustees gives people living there a fresh start. Read more | ||||||||||||||||||||||||||||||||||||||
| Plundering the Faithful | ||||||||||||||||||||||||||||||||||||||
| Polygamists continue to pipe big money to their fugitive prophet as their towns face financial ruin | ||||||||||||||||||||||||||||||||||||||
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By John Dougherty Phoenix New Times Originally published Thursday, December 29, 2005 | ||||||||||||||||||||||||||||||||||||||
| Polygamist leader Warren Jeffs continued to elude a nationwide manhunt at the end of 2005 as the fundamentalist Mormon municipalities he controls along the Arizona-Utah border headed toward financial disaster. Jeffs, 50, was named to the FBI's most wanted list last August after he fled the largest polygamist community in North America to avoid prosecution on seven felony counts brought by a grand jury in Mohave County, Arizona. The charges, filed last June, allege that Jeffs illegally performed the "spiritual" marriages of three underage girls to already-married men and ordered the men to consummate the unions. Jeffs is the prophet of the Fundamentalist Church of Jesus Christ of Latter-day Saints, a breakaway sect of the Mormon Church that still practices polygamy. The mainstream Mormon Church gave up polygamy in 1890 as a condition of Utah's obtaining statehood. In the months since the indictments, evidence that the economy of the polygamist communities of Colorado City, Arizona, and Hildale, Utah, is plunging toward collapse is obvious. Many businesses have closed or moved out, the Colorado City and Hildale governments are facing serious financial problems, the electric utility jointly owned by both towns is in default on $21 million in bonds and the Colorado City public school district has been forced into receivership. Read more | ||||||||||||||||||||||||||||||||||||||
| Disappearing equipment prompts investigation | ||||||||||||||||||||||||||||||||||||||
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By Jennifer Dobner The Associated Press San Diego Union-Tribune Originally published January 4, 2006 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY – A criminal investigation is under way in Colorado City, Ariz., after a grain elevator system thought to be part of a fundamentalist church trust was dismantled and moved over the New Year's holiday weekend. Mohave County sheriff's investigator Gary Engels said he photographed workmen using a crane to dismantle the equipment on Saturday at the Four Square Feed Store. The store sits on property held in the United Effort Plan trust, where members of the Fundamentalist Church of Jesus Christ of Latter Day Saints have collectively held their property since the 1940s, he said. In June, a state judge assumed control of the trust, removing the six church leaders serving as trustees and essentially freezing trust assets, including property, buildings and equipment. The removal of the equipment could be a violation of that court order, Engels said. Read more | ||||||||||||||||||||||||||||||||||||||
| Grain elevator ownership in dispute | ||||||||||||||||||||||||||||||||||||||
| Fiduciary of United Effort Plan Trust asks sheriff to investigate | ||||||||||||||||||||||||||||||||||||||
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By Patrice St. Germain The Spectrum Originally published January 5, 2006 | ||||||||||||||||||||||||||||||||||||||
| COLORADO CITY - The ownership of a grain elevator that was taken down over the holiday weekend is in dispute and is being investigated by Mohave County investigator Gary Engels. Bruce Wisan, the special fiduciary appointed by the courts to oversee the United Effort Plan Trust, the financial arm of the Fundamentalist Church of Jesus Christ of Latter Day Saints, said he received a telephone call Saturday that the grain elevator at Four Square Farm Store was being dismantled. Wisan said he was in Mesquite when he received the call and started to drive up to Colorado City. He then received a call that the workers had left the site, so the issue was postponed. "We were not absolutely sure if anything was taken and had reason to believe that it was interrupted on Saturday. We were in discussion with the police to resolve this (after the holiday) and some time Monday, between 4 and 6 a.m., somebody finished the job and took the rest of the grain elevator. Read more | ||||||||||||||||||||||||||||||||||||||
| FLDS polygamists urged to pay property taxes | ||||||||||||||||||||||||||||||||||||||
| Delinquent taxes must be paid in order for members to stay | ||||||||||||||||||||||||||||||||||||||
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By Nancy Perkins Deseret Morning News Originally published Wednesday, January 18, 2006 | ||||||||||||||||||||||||||||||||||||||
| ST. GEORGE — Residents of twin polygamous towns on the Utah/Arizona border must pay property taxes on land they do not own or face forfeiting any future right to live on the property, according to a notice mailed last week to each occupant. Most of the land in Colorado City, Ariz., and Hildale, Washington County, belongs to the United Effort Plan Trust, or UEP, which once was controlled by the Fundamentalist Church of Jesus Christ of Latter Day Saints and its leader Warren Jeffs. A Utah judge seized control of the trust and removed its trustees last year after they failed to protect the UEP and its $100 million in assets from numerous lawsuits. The judge appointed Bruce Wisan, a certified public accountant, as special fiduciary over the UEP. A new advisory panel was also appointed to assist Wisan in reforming the trust. "Voluntary property tax payments are an indication of a UEP land occupant's interest in continuing to reside on land owned by the UEP," state the notices, which were placed in individual postal boxes last week. "Those who do not indicate their interest in maintaining UEP lands by paying property taxes on the homes they occupy may eventually forfeit that opportunity." Read more | ||||||||||||||||||||||||||||||||||||||
| Attorney: Order prohibits removal of any UEP property | ||||||||||||||||||||||||||||||||||||||
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By Patrice St. Germain The Spectrum Originally published January 28, 2006 | ||||||||||||||||||||||||||||||||||||||
| Attorney Jeffrey Shields is hoping that a court-issued temporary restraining order sends a clear message to anyone contemplating removing buildings, equipment or fixtures from United Effort Plan property: Don't. The temporary restraining order issued by the 3rd District Court in Salt Lake City on Friday clearly states that no one is entitled to remove any property from UEP land unless permitted by Bruce Wisan, special fiduciary of the UEP, or by order of the court. Now with the order in place, those who remove or aid in the removal of property - which includes buildings, fixtures and heating, cooling, electrical, sewer and plumbing components - face contempt of court charges. "Now, with the court order, you take nothing," said Shields, an attorney for Wisan. "Before people were just taking it. This way, the police don't have to make a determination (of who owns the property). Read more | ||||||||||||||||||||||||||||||||||||||
| Judge asked to stop FLDS taking assets | ||||||||||||||||||||||||||||||||||||||
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By Ben Winslow Deseret Morning News Originally published Wednesday, February 1, 2006 | ||||||||||||||||||||||||||||||||||||||
| Following the disappearance of a grain elevator system from the polygamous border town of Colorado City, Ariz., a judge is being asked to block the removal of property from land belonging to the Fundamentalist Church of Jesus Christ of Latter Day Saints. A 3rd District Court judge has scheduled a hearing for today in Salt Lake City on a request for a preliminary injunction. It would halt the removal of property attached to real estate owned by the United Effort Plan Trust. A temporary restraining order signed last week by Judge Denise Lindberg said that includes "buildings, fixtures, modular homes, heating systems, cooling systems, electrical systems, plumbing systems, water systems, elevator systems and any other affixed equipment." Removal of any property requires written permission by the court-appointed special fiduciary of the UEP Trust, Bruce Wisan. In January, a grain elevator system was seen being dismantled and taken from a storehouse in Colorado City. Anti-polygamy activists documented it and the Colorado City Town Marshal's Office was notified. Despite that, the farm equipment vanished in the middle of the night. Read more | ||||||||||||||||||||||||||||||||||||||
| Judge grants order preventing FLDS property removal | ||||||||||||||||||||||||||||||||||||||
| Witnesses said equipment had been taken from land | ||||||||||||||||||||||||||||||||||||||
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By Ben Winslow Deseret Morning News Originally published Thursday, February 2, 2006 | ||||||||||||||||||||||||||||||||||||||
| A judge has granted a preliminary injunction blocking the removal of property from any land belonging to the Fundamentalist Church of Jesus Christ of Latter Day Saints' financial arm in the polygamous border towns of Hildale, Washington County, and Colorado City, Ariz. Judge Denise Lindberg signed the order Wednesday, saying she hoped it would "halt what appears to be a very deliberate effort to harm the assets of the trust." It came after witnesses testified in 3rd District Court about equipment being pilfered in the middle of the night, farms and buildings being cleaned out or disappearing altogether. "All of the equipment's gone. They stripped it completely," said Isaac Wyler, a former member of the FLDS Church. He witnessed the dismantling of a grain elevator system last month. Photographs were used as evidence in court Wednesday. "There were two big cranes and at least 15 guys there, hurrying fast," Wyler said. Read more | ||||||||||||||||||||||||||||||||||||||
| Jeffs May Be Receiving Funding from Nevada Farm | ||||||||||||||||||||||||||||||||||||||
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John Hollenhorst Reporting KSL-TV Channel 5 Originally broadcast February 22, 2006 | ||||||||||||||||||||||||||||||||||||||
| Over the last two years, polygamists have quietly revved up a huge farming operation in a remote part of Nevada. Investigators believe it's now a major source of revenue for the church run by fugitive polygamist Warren Jeffs. They're also trying to figure out if equipment, and even buildings, have been illegally moved there from the Utah-Arizona border. It seems ironic that Warren Jeffs' empire has been expanding as his legal troubles deepen. Ever since he was charged with felonies and disappeared, a big question has been, "Where does his group's money come from?" Now we may know part of the answer. If you take an imaginary trip over the arid landscape of Nevada, using the computer program Google Earth, you can find a huge oasis, green crop circles, formed by 30 or so enormous irrigation sprinklers. This time of year it's snowy, but the scale of the operation is still apparent. A prominent Las Vegas businessman leased the land two years ago to the Harker family. Private Eye Sam Brower says they are polygamist farmers in Utah. Sam Brower, Private Investigator: "They're zealously loyal to Warren Jeffs." Read more | ||||||||||||||||||||||||||||||||||||||
| Utah group lands in Nevada | ||||||||||||||||||||||||||||||||||||||
| Polygamists in violation of order | ||||||||||||||||||||||||||||||||||||||
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By Cy Ryan Las Vegas Sun Originally published February 25, 2006 | ||||||||||||||||||||||||||||||||||||||
| CARSON CITY -- A polygamist group has put down roots in Lincoln County, according to a Salt Lake City television station, which reported this week that farm equipment owned by the group had illegally been moved into the state. Members of the Fundamentalist Church of Jesus Christ of Latter-day Saints, which has communities along the Utah-Arizona border, allegedly are working a 3,000-acre alfalfa and potato farm 30 miles north of Pioche. KSL-TV in Salt Lake City reported that equipment was moved to Lincoln County, violating a court order. The church is tied up in lawsuits by former members, and church leader Warren Jeffs is a fugitive, wanted on felony charges filed by Utah officials and the federal government. The report said the farm is funding a church compound in Texas and estimated that the operation could be making a considerable amount of money. Joseph Harker, who operates what's known as Atlanta Farms, denied the charges in a phone interview with the Sun on Thursday. "This is all bogus," Harker said. Read more | ||||||||||||||||||||||||||||||||||||||
| Report of FLDS compound generates attention in S.D. | ||||||||||||||||||||||||||||||||||||||
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By Patrice St. Germain The Spectrum Originally published March 10, 2006 | ||||||||||||||||||||||||||||||||||||||
| ST. GEORGE - Custer County Sheriff Phil Hespen said the onslaught of media calls he received Thursday morning was "typical hype" as he fielded telephone calls about members of the Fundamentalist Church of Jesus Christ of Latter Day Saints church's newest compound in Pringle, S.D. Hespen said it's not against the law to build a compound and that the people who are living there are quiet people. "They own a piece of property, that's it," Hespen said. "We've got the Hells Angels that own property here and the Banditos. They've got more felons than that church." But Hespen said if he was given proof instead of hype that Warren Jeffs - the prophet of the FLDS Church and a fugitive from justice - was there, he would pick him up. "What if Osama bin Laden was there? Santa Claus may live there," he said. "We deal in proof, in facts. Give me the actual facts instead of hype. Hype sells newspapers." While Hespen isn't concerned, the 100-acre piece of property purchased in 2003 by David Allred was listed on the building permit as a hunting retreat, the same way the YFZ Ranch in Eldorado, Texas - where the church has recently completed work on a temple - started out, said private investigator Sam Brower. Read more | ||||||||||||||||||||||||||||||||||||||
| Play by rules we all follow | ||||||||||||||||||||||||||||||||||||||
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Opinion The Spectrum Originally published March 14, 2006 | ||||||||||||||||||||||||||||||||||||||
| The residents of the towns of Hildale, Utah and Colorado City, Ariz., have been given the opportunity to take private ownership of the properties they have been living on and taking care of their whole lives. However, they don't seem to be willing to take advantage of the situation. Most of the properties in the twin border towns had previously been under the control of the United Effort Plan (UEP) of the Fundamentalist Church of Jesus Christ of Latter Day Saints. Under that scenario, people who had spent their entire lives building up a home could be forced off their land at the whim of church leaders. However, with the UEP facing lawsuits and leaders from the FLDS Church not responding, the state of Utah was able to step in and take over as trustee of the Plan. The state wanted to make sure that those who had kept up the homes and properties of the UEP would have their chance to rightfully claim them. Despite this opportunity for property ownership, trustee Bruce R. Wisan reports that the response of FLDS members and their leaders has been "wholesale lack of cooperation and hostility." He also claims that police officers in Hildale and Colorado City have been uncooperative. Read more | ||||||||||||||||||||||||||||||||||||||
| UEP fiduciary dogged by challenges | ||||||||||||||||||||||||||||||||||||||
| Attempts to enforce court order on polygamists' trust meets resistance | ||||||||||||||||||||||||||||||||||||||
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By Patrice St. Germain The Spectrum Originally published March 15, 2006 | ||||||||||||||||||||||||||||||||||||||
| HILDALE - Access problems and non-payment of property taxes have been issues for court-appointed special fiduciary Bruce Wisan. Wisan, who was put in charge of the United Effort Plan trust, the financial arm of the Fundamentalist Church of Jesus Christ of Latter Day Saints, has been struggling to maintain the trust property, which has been hampered by the lack of cooperation by the Colorado City Marshal's Office. Last week, Wisan said, it took a threat to take down a fence and control box to gain access to a cave set up in the hills behind the Hildale City Office that was rumored to have dynamite stored in it. Wisan said dynamite was found at the site, but added it was purchased legally, registered with the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives and was properly stored. "It was all done according to regulations and it was protected, but if we had been leveled with on the front end, we may not have gone in," Wisan said. Read more | ||||||||||||||||||||||||||||||||||||||
| Polygamists Canada-bound? | ||||||||||||||||||||||||||||||||||||||
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By Ben Winslow Deseret Morning News Originally published Friday, March 31, 2006 | ||||||||||||||||||||||||||||||||||||||
| Fundamentalist LDS Church leader Warren Jeffs continues to urge his followers to abandon the polygamous border towns of Hildale, Utah and Colorado City, Ariz., and may now be creating a new colony in the Saskatchewan province of Canada. The disclosure came Thursday in 3rd District Court from the man appointed to oversee the FLDS Church's financial arm, known as the United Effort Plan (UEP) Trust. "There's talk about maybe moving there and building a community," court-appointed special fiduciary Bruce Wisan said after the hearing. He did not know where in Saskatchewan the FLDS Church may be going. The polygamous group already has a community known as Bountiful, in British Columbia, and enclaves have been discovered in Pringle, S.D.; Pioche, Nev.; Eldorado, Texas; and Mancos, Colo. During the hearing, Wisan said he had been told as many as 40 percent of the FLDS communities may be moving to "a very remote, pristine area to start over again." Church members would move to the new communities by invitation only. "It's the very righteous, the cream of the crop," he said. The problem is, many more will be left in the dying communities of Hildale, Utah and Colorado City, Ariz. Read more | ||||||||||||||||||||||||||||||||||||||
| There are two sides of the property story | ||||||||||||||||||||||||||||||||||||||
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Letters to the Editor The Spectrum Originally published March 31, 2006 | ||||||||||||||||||||||||||||||||||||||
In response to The Spectrum editorial: "Play by the rules we all follow." Play by the rules? The first rule is that there are two sides to everything. News releases by the so-called state appointed fiduciary of the United Effort Plan say that he is trying to give titles to property. Who in America would pay taxes on property which they:
Ann Wright Centennial Park, Ariz. | ||||||||||||||||||||||||||||||||||||||
| Pressure put on polygamist sect officers; Saskatchewan site possible | ||||||||||||||||||||||||||||||||||||||
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The Associated Press Aberdeen American News - Aberdeen, South Dakota Originally published March 31, 2006 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY - Pressure is being put on law enforcement officers in the twin polygamist communities of Colorado City, Colo., and Hildale, Utah, to cooperate in the investigation into possible theft of assets from their sect's trust fund. And in another development, a special fiduciary court appointed to run the fund said the sect's fugitive leader reportedly was urging certain followers to move to Saskatchewan in Canada. Also, an attorney for the fiduciary said that it appears the sect's new outposts in Pringle, S.D., Colorado, Texas and Nevada were not built with trust funds, but resources from the fund may have been diverted to the enclaves. Attorney Jeff Shields told 3rd District Judge Denise Lindberg on Thursday that it appeared the outpost properties were bought in 2003 - before the court appointed Bruce R. Wisan to manage the trust - with monetary and labor contributions by members of the Fundamentalist Church of Jesus Christ of Latter Day Saints. Read more | ||||||||||||||||||||||||||||||||||||||
| Council gives trust appointee chilly reception | ||||||||||||||||||||||||||||||||||||||
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By Patrice St. Germain The Spectrum Originally published April 11, 2006 | ||||||||||||||||||||||||||||||||||||||
| COLORADO CITY, Ariz. - Bruce Wisan, the court-appointed special fiduciary for the United Effort Plan Trust, the financial arm of the Fundamentalist Church of Jesus Christ of Latter Day Saints, received a chilly reception at the Colorado City Council meeting Monday night. Last month, a representative asking in Wisan's behalf requested time on the council agenda to discuss the surveys being done on properties in the twin cities of Colorado City and Hildale to determine actual lot lines in the polygamous communities. The request was ignored so Wisan and Clinton Peatross, with Bush & Gudgell, Inc., an engineering firm doing the survey, were only allowed to discuss the plans during the public comment section of the meeting, which is limited to three minutes. Wisan, asking for another minute, told the council that the reason for the surveys is to give accountability for the property taxes and have exact assessments. The buzzer went off and while Wisan demanded that the property taxes be paid and that he hoped the city council representatives would be in compliance with property taxes as well he was cut short by Mayor Pro Tem Terrill Johnson. Read more | ||||||||||||||||||||||||||||||||||||||
| Wisan gets warmer reception from Hildale City Council | ||||||||||||||||||||||||||||||||||||||
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The Spectrum Originally published April 11, 2006 | ||||||||||||||||||||||||||||||||||||||
| HILDALE — Bruce Wisan, the court-appointed special fiduciary overseeing the United Effort Plan, the financial arm of the Fundamentalist Church of Jesus Christ of Latter Day Saints, received a warmer welcome during a city council meeting this morning in Hildale. Wisan, who received a chilly reception Monday night when he addressed the Colorado City Council, spoke at length this morning about ensuring that local property taxes are paid in full. Wisan also said his office has served two eviction notices for residents of the polygamous communities so far. The evictions were for not paying property taxes. For more, please see tomorrow’s edition of The Spectrum & Daily News. | ||||||||||||||||||||||||||||||||||||||
| FLDS Members Told to Pay Taxes or Move Out | ||||||||||||||||||||||||||||||||||||||
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John Hollenhorst Reporting KSL-TV Channel 5 Originally broadcast April 12, 2006 | ||||||||||||||||||||||||||||||||||||||
| Bruce Wisan: "Everybody has to pay property taxes, and these people are no different." A warning today for followers of fugitive polygamist Warren Jeffs, pay your property taxes or face eviction -- soon! The odds are increasing for a confrontation between Jeffs' followers and government officials taking steps to evict them from their homes. Pay up or get out, that's the message to Warren Jeffs' brother. He's being targeted as an example for hundreds of other Jeffs followers who haven't paid their taxes. The compound in Hildale is where the tax tangle may come to a head in the next two to four weeks. There are several smaller buildings and a main house that's 9,000 square feet, not counting the basement. County records say it has 12 bathrooms and an unknown number of bedrooms. Numerous vehicles came and went today. Authorities say the primary resident is Warren Jeffs' brother Lyle, an important leader of the FLDS Church. Bruce Wisan is the court-appointed official who oversees much of the community's financial assets. Bruce Wisan, Court-appointed Fiduciary: "They've received an edict or whatever from their leader who said not to pay property taxes, and it's not appropriate. We all have to pay property taxes, and they're living down there basically free." Read more | ||||||||||||||||||||||||||||||||||||||
| Two evictions issued in polygamist communities so far | ||||||||||||||||||||||||||||||||||||||
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By Patrice St. Germain The Spectrum Originally published April 12, 2006 | ||||||||||||||||||||||||||||||||||||||
| HILDALE - Bruce Wisan, the court-appointed special fiduciary overseeing the United Effort Plan, the financial arm of the Fundamentalist Church of Jesus Christ of Latter Day Saints, received a warmer welcome during a city council meeting Tuesday morning in Hildale than he did in a neighboring community of polygamists the night before. Wisan, who received a chilly reception Monday night when he addressed the Colorado City Council, spoke at length Tuesday about ensuring that local property taxes are paid in full. Wisan also said his office has served two eviction notices to residents of the polygamous communities so far. A demand letter was sent to Lyle Jeffs for a home in Hildale and the other to a family that quickly moved into a home vacated by Merrill Steed in Colorado City. Wisan said the time periods on these evictions are running out and he is looking to other evictions in the near future. The priority homes include where some inequities have occurred - causing people to be displaced and looking at leaders and perhaps larger homes. "We'd like to have people pay their property taxes and not have the confrontations that we seem to be having. Read more | ||||||||||||||||||||||||||||||||||||||
| Work with court monitor | ||||||||||||||||||||||||||||||||||||||
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Opinion The Spectrum Originally published April 12, 2006 | ||||||||||||||||||||||||||||||||||||||
| Receiving a "cold shoulder" is one thing, but unabashed disrespect for the democratic process is another. Bruce Wisan, the court-appointed special fiduciary charged last year to reform the United Effort Plan Trust, the financial arm of the Fundamentalist Church of Jesus Christ of Latter Day Saints, had a staff member request a month in advance to be put on the Colorado City, Ariz., council agenda to talk about required surveys on the properties in order to settle lot boundaries in the polygamous community. The request went unanswered, forcing Wisan to articulate the business proposal, which divides each block into individual parcels for tax purposes, in the public comments segment of the meeting in three minutes - the permitted time for individual input. Wisan is doing his best to fulfill his appointed role of collecting property taxes - estimated to be $1 million delinquent - from members of the community living on UEP trust land property in accordance to a 3rd District Court ruling that ordered an overhaul of the trust in order to secure and protect its assets from civil lawsuits ignored by FLDS church leadership - including fugitive FLDS prophet Warren Jeffs. Read more | ||||||||||||||||||||||||||||||||||||||
| FLDS anti-tax stance may be weakening | ||||||||||||||||||||||||||||||||||||||
| Levies were paid on a Jeffs brother's home and land | ||||||||||||||||||||||||||||||||||||||
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By Ben Winslow Deseret Morning News Originally published Thursday, April 20, 2006 | ||||||||||||||||||||||||||||||||||||||
| HILDALE — Leaders of the Fundamentalist LDS Church have reportedly told their flock to not pay property taxes, in defiance of a court takeover of the polygamist group's United Effort Plan Trust, which controls homes, businesses and property in this border town. That may now be changing. Just days after being sent a letter demanding that he pay his property taxes or face the possibility of eviction nearly $14,000 was paid for Lyle Jeffs' house and the parcel of land it sits on. Jeffs is the younger brother of fugitive Fundamentalist LDS Church leader Warren Jeffs and presumably the acting bishop of the polygamist church. "Does this mean that there is a change in thinking and philosophy of the FLDS Church with regard to property taxes? I don't know," said Bruce Wisan, the court-appointed special fiduciary overseeing the UEP Trust. "I hope so." At a town meeting Wednesday night, more than 2 dozen former members of the FLDS Church gathered to hear Wisan update them on the status of property taxes, development and other problems related to the UEP Trust. "The people that really need to hear what I'm saying aren't here," he said. Read more | ||||||||||||||||||||||||||||||||||||||
| Eviction note gets noticed | ||||||||||||||||||||||||||||||||||||||
| Special fiduciary says if you want to stay in Hildale, pay property taxes | ||||||||||||||||||||||||||||||||||||||
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By Patrice St. Germain The Spectrum Originally published April 20, 2006 | ||||||||||||||||||||||||||||||||||||||
| HILDALE - Sending an eviction notice to Lyle Jeffs, brother of fugitive Warren Jeffs, and instructing him to either pay his property taxes or move out was purely a test case, but apparently it worked since Jeffs went in and paid $14,000 in cash for the 64-acre parcel he lives on. United Effort Plan special fiduciary Bruce Wisan made that announcement at a town meeting Wednesday night that was well attended by apostates of the Fundamentalist Church of Jesus Christ of Latter Day Saints. Members appointed as temporary trustees were also in attendance. Wisan also said many others living in the polygamous communities of Hildale and Colorado City have not paid property taxes and will face the possibility of being evicted if they don't pay the money. "Property taxes are still a major issue," Wisan said. "If you do not want to pay taxes, let's get on with it and do it. People who want to stay, pay the property taxes." But one Colorado City resident, Lenore Holm, who won a life estate on her home after a court battle, questioned why Wisan did not use the money from the sale of property in Apple Valley to pay the taxes. Read more | ||||||||||||||||||||||||||||||||||||||
| Pay taxes or face eviction | ||||||||||||||||||||||||||||||||||||||
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Opinion The Spectrum Originally published April 21, 2006 | ||||||||||||||||||||||||||||||||||||||
| Pay up or get out. That was the message, though not put so bluntly, the court-appointed fiduciary Bruce Wisan relayed to the Hildale City meeting attendees on Wednesday. A demand notice that had been sent to Lyle Jeffs, an official in the Fundamentalist Church of Jesus Christ of Latter Day Saints and younger brother of fugitive FLDS prophet Warren Jeffs, was paid with $14,000 cash for the 64-acre parcel he lives on. We implore the remaining property owners to follow his lead. Wisan urged FLDS leaders and members to pay their taxes, estimated to be $1 million, or face eviction from their homes that are considered part of the UEP trust. He has said that he'd prefer a "happily ever after" resolution, but is not waiting any longer than necessary for the required surveys on the properties to settle lot boundaries. He let it be known in no uncertain terms that those who choose not to pay their property taxes will face eviction, a process that can take as little as 10 days. We support that position. Read more | ||||||||||||||||||||||||||||||||||||||
| Property Tax Dispute Threatens Band of Polygamists | ||||||||||||||||||||||||||||||||||||||
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By Kirk Johnson The New York Times Originally published April 21, 2006 | ||||||||||||||||||||||||||||||||||||||
| HILDALE, Utah, April 19 — Thousands of polygamists are engaged in a highly unusual standoff here over property taxes that could ultimately cost them their houses or thrust them into a mainstream America they fear and despise. In one corner is a group of 8,000 or so adherents of the Fundamentalist Church of Jesus Christ of Latter Day Saints, an offshoot of the Mormon Church that had long paid the property taxes of its members, sometimes even rolling a wheelbarrow through meetings to collect the needed cash. At the other corner is a stocky accountant from Salt Lake City, Bruce R. Wisan, who says he is determined to help the church members even if they do not want it. The church hierarchy is in chaos. Its former leader is on the run, facing criminal charges of arranging sex between a minor and an adult in a polygamous marriage, leaving the old tax-collection system in shambles. Now the property taxes for hundreds of houses — around $1.3 million — are overdue and mounting. Read more | ||||||||||||||||||||||||||||||||||||||
| Canadian court to rule on assets | ||||||||||||||||||||||||||||||||||||||
| Bountiful | ||||||||||||||||||||||||||||||||||||||
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By Irwin Loy 24 hours Originally published April 27, 2006 | ||||||||||||||||||||||||||||||||||||||
| A tumultuous legal battle in the U.S. over control of the assets of a controversial polygamous sect has landed in the Canadian court system. A U.S. accountant says school officials in the polygamous community in Bountiful are trying to liquidate the assets of a government-funded school in order to support their fugitive spiritual leader. Bruce Wisan, a state-appointed Utah accountant who oversees a $100-million trust belonging to the Fundamentalist Church of Jesus Christ of Latter Day Saints (FLDS), has filed a writ in the B.C. Supreme Court urging it to dissolve the company that now runs the school and place it in his trust. The directors of the Bountiful Elementary-Secondary School Society (BESS) are loyal to FLDS leader Warren Jeffs, the self-proclaimed prophet now wanted by the FBI for evading charges including sexual conduct with a minor. "The BESS is a property that's worth a bunch of money and they just want to sell it," Wisan told 24 hours in an interview. "They're either going to give it to Warren Jeffs or they're going to use it to start another community somewhere." Read more | ||||||||||||||||||||||||||||||||||||||
| Residents in Colorado City Feeling Pressure of Jeffs Hunt | ||||||||||||||||||||||||||||||||||||||
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John Hollenhorst Reporting KSL-TV Channel 5 Originally broadcast May 9, 2006 | ||||||||||||||||||||||||||||||||||||||
| "Most of the evidence is that he's in route, he's moving, and it's going to take federal surveillance, I think, to put the collar on him." The hunt is on. Law enforcement agencies from two states met near Colorado City today to look at strategies for capturing one of the ten most wanted men in the nation -- Warren Jeffs. No immediate action was planned at today's meeting, but the mere presence of law enforcement seems to have touched off a brief panic among Jeffs' followers. We didn't see this with our own eyes, but witnesses tell us that during the law enforcement meeting, dozens of vehicles loaded with people suddenly started streaming out of town. They apparently feared some sort of crackdown. One resident told us, townspeople feel like they're under siege. Thousands there consider Warren Jeffs a prophet. They're seeing a new onslaught of attention from law enforcement and the media, now that their leader has become a nationally infamous Top Ten Fugitive. A closed door gathering of Utah and Arizona cops and attorneys focused on Jeffs and his followers. Read more | ||||||||||||||||||||||||||||||||||||||
| US sect under criminal investigation | ||||||||||||||||||||||||||||||||||||||
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By Oliver Burkeman in New York Mail & Guardian - Johannesburg, South Africa Originally published May 10, 2006 | ||||||||||||||||||||||||||||||||||||||
| America's most notorious polygamous sect is being investigated as an organised-crime operation, it emerged on Tuesday, in one of several signs that the net is closing on the group's fugitive leader. Warren Jeffs, the self-declared prophet of the Fundamentalist Church of Jesus Christ of Latter-Day Saints, joined Osama bin Laden on the FBI's most-wanted list at the weekend, and the reward for information leading to his arrest was raised to $100 000. His case has featured on the high-profile television show America's Most Wanted, a Crimewatch-style programme that has led to many successful arrests in the past. Jeffs is wanted in Utah and Arizona on charges of sexual conduct with a minor and arranging bigamous marriages involving underage girls. The FBI describes him as "armed and dangerous". Utah's attorney general, Mark Shurtleff, said he believed Jeffs ran his church and its business arm, the United Effort Plan -- reportedly worth $110-million, as "an organised crime-type setup. We just have to get the evidence to prove it." The church would be investigated for "double books, cooking books, offshore accounts and fraud", Shurtleff told the Deseret Morning News, a Salt Lake City newspaper. Read more | ||||||||||||||||||||||||||||||||||||||
| FLDS pay taxes on 12 properties | ||||||||||||||||||||||||||||||||||||||
| Those who comply include brother of Jeffs; others are put on notice | ||||||||||||||||||||||||||||||||||||||
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By Ben Winslow Deseret Morning News Originally published Friday, May 12, 2006 | ||||||||||||||||||||||||||||||||||||||
| More high-profile members of the Fundamentalist LDS Church are being put on notice to pay their property taxes or face the possibility of eviction from their homes. It comes as 12 properties in the polygamous border towns of Hildale, Utah, and Colorado City, Ariz., abruptly paid their taxes — including one home that sits inside the compound belonging to fugitive FLDS Church leader Warren Jeffs. "In Arizona, they paid on the whole tax parcel," Jeffrey L. Shields, a lawyer for the court-appointed special fiduciary said Thursday. "In Utah, they just paid the property that we sent the letters to. Some parcels have 20 to 25 homes on them." One of those homes sits on the walled-off compound belonging to Jeffs. Alvin Barlow, the former superintendent of the Colorado City Unified School District, was served with papers at that Hildale address. Others who abruptly coughed up the money included Warren Jeffs' younger brother Seth, who recently pleaded guilty to federal charges of helping keep his brother on the run, and Wendell Nielson, believed to be a first counselor in the FLDS Church. Earlier this week, $63,000 was paid for five parcels of land in Colorado City where homes sit for more high-ranking officials, including the town's interim mayor, Terrell Johnson. Read more | ||||||||||||||||||||||||||||||||||||||
| Property Tax Demands Met In Polygamist Towns | ||||||||||||||||||||||||||||||||||||||
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The Associated Press KUTV Channel 2 Originally published May 18, 2006 | ||||||||||||||||||||||||||||||||||||||
| HILDALE/COLORADO CITY In his effort to get the taxes paid on property owned by a polygamist church trust, Bruce Wisan so far is batting 1.000. Over the past month, the state-appointed accountant heading the United Effort Plan trust has sent letters to residents demanding payment of taxes on large parcels or residences in Hildale, Utah, and Colorado City, Ariz. The border towns are the home base for most of the estimated 10,000 members of the Fundamentalist Church of Jesus Christ of Latter Day Saints. From the first batch of 14 letters, all of the taxes have been paid. Wisan said he expects the next set of 11 residents will meet a Monday payment deadline. "It's a smart decision to pay their property taxes as opposed to being evicted," said Wisan, who has targeted those living in the largest homes and the perceived community leaders. Last month at a town meeting in Hildale, Wisan said those who didn't pay would be sent eviction notices. As of Thursday, that hasn't been necessary. "I think we're still about $700,000 or $800,000 down," he said. "I'm just happy that property taxes are being paid in a limited sense." Next week, Wisan said, he'll begin blanketing residents in both communities with letters. Read more | ||||||||||||||||||||||||||||||||||||||
| Ex-FLDS members now serving up tax notices | ||||||||||||||||||||||||||||||||||||||
| After getting kicked out by Jeffs, they're helping government collect | ||||||||||||||||||||||||||||||||||||||
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By Ben Winslow Deseret Morning News Originally published Saturday, May 20, 2006 | ||||||||||||||||||||||||||||||||||||||
| HILDALE — Isaac Wyler bounds out of the pickup truck after pulling into the red dirt driveway of a home here. A polygamist family sitting on the lawn looks up with a mixture of surprise and fear on their faces. Women in prairie dresses get up and start rushing the children toward the house. "Hurry! Hurry!" one woman shouts to the children, who race inside. "I'm not gonna chase ya," Wyler shouts to them as he quickens his pace toward a man standing nearby. The man darts down some stairs, shutting a door. "Show some guts!" Wyler shouts after him. "Take yer papers!" He walks up to one of the doors of this stately home and begins knocking on the doors. The children can be heard screaming and crying inside the home. Tap, tap, tap. Tap, tap, tap. Tap, tap, tap. Wyler knocks three times on each door before calling it good. Then he takes out a roll of white masking tape and starts posting property tax notices on each door around the home. Behind him, colleague Andrew Chatwin videotapes the entire thing. Read more | ||||||||||||||||||||||||||||||||||||||
| Power company in polygamist towns is ordered to turn over list of clients | ||||||||||||||||||||||||||||||||||||||
| Names, addresses will be used to serve property tax notices | ||||||||||||||||||||||||||||||||||||||
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By Ben Winslow Deseret Morning News Originally published Saturday, May 20, 2006 | ||||||||||||||||||||||||||||||||||||||
| HILDALE, Washington County — The names and the latest addresses of people in Hildale and Colorado City will soon be in the hands of the man appointed by a judge to oversee homes, businesses and property in this polygamous border town. A judge in Salt Lake City has ordered Twin City Power (TCP) to hand over its records to the court-appointed special fiduciary of the United Effort Plan (UEP) trust. "TCP has no standing to argue any claims of right or privileges for its customers/participants," 3rd District Court Judge Denise Lindberg wrote in a decision released Thursday. Bruce Wisan, appointed to oversee the $110 million UEP trust, was pleased with the decision. "That would be one of the most accurate ways of obtaining name and address info," he said Friday. In Hildale and Colorado City, fences are going up to keep prying eyes out. Polygamist families are moving from house to house in the middle of the night to avoid being served with property tax notices. Read more | ||||||||||||||||||||||||||||||||||||||
| Financial lawsuit is filed against Jeffs | ||||||||||||||||||||||||||||||||||||||
| Documents accuse the fugitive of years of thefts | ||||||||||||||||||||||||||||||||||||||
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By Ben Winslow Deseret Morning News Originally published Saturday, May 27, 2006 | ||||||||||||||||||||||||||||||||||||||
| A new lawsuit has been filed against fugitive Fundamentalist LDS Church leader Warren Jeffs. This time he's being sued by the man who was appointed to oversee Jeffs' financial empire in the polygamous border towns of Hildale and Colorado City, Ariz. Bruce Wisan, the court-appointed special fiduciary overseeing the United Effort Plan Trust, filed a lawsuit in Salt Lake City's 3rd District Court late Friday, accusing Jeffs and former members of the UEP's Board of Trustees of fleecing the FLDS Church's financial arm for years. Jeffs is currently facing charges in several venues related to his polygamous lifestyle and has been named to the FBI's Most Wanted list. "We feel that they've taken things from the trust, their actions have caused harm to the trust," Wisan told the Deseret Morning News. "We want to pursue remedies for the actions that they've taken." The UEP Trust controls homes, businesses and property within Hildale and Colorado City. It has assets estimated at more than $110 million. The lawsuit accuses Jeffs and the former UEP trustees of misappropriating property, money, livestock, businesses and services that were donated to the trust. Read more | ||||||||||||||||||||||||||||||||||||||
| Mohave County going virtual to save money | ||||||||||||||||||||||||||||||||||||||
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By David Bell Today's News-Herald Originally published Monday, May 29, 2006 | ||||||||||||||||||||||||||||||||||||||
| Lee Fabrizio wants to make sure his office joins the 21st century. The Mohave County treasurer is in the process of getting tax billing online and will follow that with the option to pay taxes online as well. "What we'll do is have the tax bill online so anyone with a computer can download their tax bill as a PDF file and they can send that in with a check," said Fabrizio. "It costs us 55 cents every time we mail a tax bill and I'd estimate that going online will save the county about $30,000 to start." The computer program to get the billing online is in the final programming stages and should be ready for testing in a few weeks. In the meantime Fabrizio said the office is working on reducing the size of the printed billing and moving to black and white instead of color to again save money. And to maximize interest earnings, the Treasurer's Office is working with a new financial institution - Chase Bank - to transfer tax bills into county accounts as soon as possible. "Our goal is to save about half the time when it comes to our deposits," Fabrizio said, explaining that his office will be using ACH (Automated Clearing House) transfers similar to the automatic deposit many people use for payroll checks and utility bills. Read more | ||||||||||||||||||||||||||||||||||||||
| New polygamist trust Web site aims for transparency | ||||||||||||||||||||||||||||||||||||||
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By Jennifer Dobner The Associated Press Tucson Citizen Originally published May 31, 2006 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY — Beneficiaries of a polygamist church trust who object to dealing with its court-appointed accountant have a new way to get information — a Web site that details activity related to the United Effort Plan Trust. The site, www.ueptrust.com, went on line May 22, accountant Bruce Wisan said. For now the site is fairly simple, just one page with some stated goals and links to court documents. But, Wisan said, "it’s a start." The site is another step in Wisan’s attempt to communicate with trust beneficiaries, most of whom are current or former members of the Fundamentalist Church of Jesus Christ of Latter Day Saints. Formed in the 1940s as the charitable arm of the church, the UEP trust holds an estimated $100 million in property, including nearly every land parcel and residence in Colorado City, Ariz., and Hildale, Utah, where most church members live. There’s also some land and homes in Bountiful, British Columbia, where a small outpost of members settled. Read more | ||||||||||||||||||||||||||||||||||||||
| FLDS towns stay quiet by day ... | ||||||||||||||||||||||||||||||||||||||
| ... but buzz with activity at night, fiduciary reports | ||||||||||||||||||||||||||||||||||||||
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By Ben Winslow Deseret Morning News Originally published Sunday, June 4, 2006 | ||||||||||||||||||||||||||||||||||||||
| During the day, the polygamous border towns of Hildale and Colorado City are eerily quiet. The streets are virtually empty, devoid of people or cars. The windows of homes are covered to keep prying eyes out. At night, it's a hive of activity. "It appears that the FLDS work projects are now being conducted at night under the cover of darkness," Bruce Wisan wrote in a quarterly report to a 3rd District Court judge in Salt Lake City on Wednesday. Wisan is the court-appointed special fiduciary of the United Effort Plan (UEP) Trust, the financial arm of the Fundamentalist FLDS Church. In 2005, the Utah courts took control of the UEP Trust and its estimated $110 million assets. According to Wisan's report, property and equipment are vanishing in the middle of the night, despite a court order freezing the removal of virtually everything from UEP land. Families loyal to Fundamentalist LDS Church leader Warren Jeffs are shuffled between houses, and tall fences are being built to keep people out. The police — long criticized for their loyalty to Jeffs — aren't helping, either. Read more | ||||||||||||||||||||||||||||||||||||||
| Eviction notices go out in Colorado City | ||||||||||||||||||||||||||||||||||||||
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By Brent Hunsaker ABC 4 News Originally published June 15, 2006 | ||||||||||||||||||||||||||||||||||||||
| Time is just about up for a pair of leaders in the polygamist community along the Utah and Arizona border. Today Bill Shapley and James Zitting were put on notice: pay up or get out. Their deadline clock began ticking Thursday. They have five days. James Zitting was once a trustee of the United Effort Plan -- the trust owns all the property in Hilldale and Colorado City as well as other land in Nevada and even British Columbia, Canada. Bill Shapley is currently on the board of the Twin Cities Utility Company and the Colorado City town council. This is just the first of what could become a flood of eviction notices in the towns of Hilldale and Colorado City. Read more | ||||||||||||||||||||||||||||||||||||||
| First evictions ordered in polygamist Arizona town | ||||||||||||||||||||||||||||||||||||||
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By Jennifer Dobner The Associated Press Las Vegas Sun Originally published June 16, 2006 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY (AP) - Eviction notices were served Thursday on two high-profile members of a polygamist church - the latest move by a court-appointed accountant to get members of The Fundamentalist Church of Jesus Christ of Latter-day Saints to comply with state laws. Notices were served on William "Bill" Shapley, a member of the Colorado City Town Council and James Zitting, a former trustee of the United Effort Plan Trust who is believed to be part of the inner circle of Warren Jeffs, the fugitive FLDS leader. Shapley and Zitting are the first residents to be served eviction notices following 43 tax demand letters sent out to church and community leaders in April and early May, Salt Lake City accountant Bruce Wisan said. Both men live in Colorado City. "Those are the only two who didn't respond," Wisan said. "We verified this morning with Mohave County (Arizona) that they hadn't paid." Read more | ||||||||||||||||||||||||||||||||||||||
| Settlements expected soon in suits against FLDS, Jeffs | ||||||||||||||||||||||||||||||||||||||
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By Ben Winslow Deseret Morning News Originally published Tuesday, June 20, 2006 | ||||||||||||||||||||||||||||||||||||||
| A series of lawsuits filed against fugitive Fundamentalist LDS Church leader Warren Jeffs and the polygamous church's financial arm may be close to being settled. A lawyer for the so-called "Lost Boys," who were kicked out of the FLDS Church's enclaves in Hildale, Utah, and Colorado City, Ariz., appeared briefly before a judge in Salt Lake City's 3rd District Court on Monday. They announced talks were under way to settle the lawsuits. "It's as unique as the case," lawyer Gregory Hoole said of the proposed settlements. He is representing a group of Lost Boys who filed the lawsuit. It is one of three that have been filed against Jeffs, the FLDS Church and the United Effort Plan (UEP) Trust. A woman named "M.J." is suing, claiming she was forced by Jeffs into a polygamous marriage. Jeffs' own nephew, Brent Jeffs, has filed a multimillion-dollar lawsuit claiming the FLDS leader sexually abused him. Lawyers for both the Lost Boys and the UEP Trust declined to discuss specifics of the proposed settlements on Monday. Hoole said it did not exclusively involve money but acknowledged it could potentially involve housing, education or trustee positions for the young men ousted from their families and the polygamous church. Read more | ||||||||||||||||||||||||||||||||||||||
| FLDS pay off all property taxes in Hildale | ||||||||||||||||||||||||||||||||||||||
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By Ben Winslow Deseret Morning News Originally published Wednesday, June 21, 2006 | ||||||||||||||||||||||||||||||||||||||
| Past-due property taxes have now been paid in full on property and homes owned by the financial arm of the Fundamentalist LDS Church in the polygamous border town of Hildale. The last payment — about $17,000 — was made Tuesday to the Washington County Treasurer's Office. "It's been awesome; they just started coming in and making the payments in bits and chunks and cash and checks and whatever they could pay," said Michelle Jacobson, an accounting specialist in the Washington County Treasurer's Office. "It's kind of impressive, really." The total tax bill for Hildale came to $256,117.01. A $10,641 late penalty that was tacked on was also paid, Jacobson said. She declined to say who paid the final tax bill, citing the sensitivity of the issue. The court-appointed special fiduciary of the United Effort Plan Trust was pleased to hear about the taxes being paid. "I'm very happy," Bruce Wisan said Tuesday. "I'm sorry that I had to go through that process." Wisan said he plans to start serving tax notices en masse on Colorado City, Ariz., next. Read more | ||||||||||||||||||||||||||||||||||||||
| UEP Trust Guardian Subpoenas Beryl Farm Owners | ||||||||||||||||||||||||||||||||||||||
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The Associated Press KUTV Channel 2 Originally published June 21, 2006 | ||||||||||||||||||||||||||||||||||||||
| BERYL, Utah A southwestern Utah farming family with suspected connections to the fugitive leader of a polygamist church has been subpoenaed for questioning about whether their companies are part of a multimillion dollar church trust now in state control. Mary Harker said she accepted subpoenas for herself, husband Stephen F. Harker and three family businesses – Harker Farms, Harker & Sons, Inc., and JHD Potatoes – at her home in Beryl last week. Sterling Harker, one of Stephen Harker's brothers, also confirmed Wednesday that he was served a subpoena. The businesses could be – or might have been – part of the United Effort Plan Trust, the charitable arm of the Fundamentalist Church of Jesus Christ of Latter Day Saints, said Jeff Shields, the attorney for court-ordered trust accountant Bruce Wisan. The trust holds the collective property, homes and businesses of the FLDS, which has most of its members living Hildale, Utah, and Colorado City, Ariz. Since June 2005, Wisan has been trying to catalog trust assets and ensure none have been sold, given away or hidden to protect the church's exiled leader Warren Jeffs, who is wanted on felony criminal charges in Arizona and Utah. Read more | ||||||||||||||||||||||||||||||||||||||
| FLDS members taking their time paying back taxes | ||||||||||||||||||||||||||||||||||||||
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By Brent Hunsaker ABC 4 News Originally published June 23, 2006 | ||||||||||||||||||||||||||||||||||||||
| Bruce Wisan is a man who deals in facts. He has built a profitable accounting career on his ability to handle numbers – and money. But he is using as much heart and hope as facts and figures in predicting better economic times ahead for the polygamist community of Hildale and Colorado City. Even so, Wisan is in a position to foresee an improvement. A judge appointed him as Special Fiduciary of the United Effort Plan. (The UEP trust owns just about all the land in the twin polygamist towns of Colorado City and Hilldale – not to mention the polygamist colony in British Columbia, Canada.) Speaking of the economy of the twin towns along the Utah / Arizona border Wisan said, "I believe they’ve hit bottom." Though he cannot disclose details, he said he is negotiating with a company to build in the towns. "And this company could bring in other companies." Read more | ||||||||||||||||||||||||||||||||||||||
| Judge orders fees paid from polygamist trust | ||||||||||||||||||||||||||||||||||||||
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By Jennifer Dobner The Associated Press Las Vegas Sun Originally published June 28, 2006 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY -- A judge on Wednesday ordered nearly $320,000 in fees be paid by the trust of a southern Utah polygamist sect to attorneys and an accountant court-ordered to manage its assets. Accountant Bruce Wisan's firm of Wisan, Smith, Racker & Prescott, will be paid $47,364.34 for services rendered to the United Effort Plan Trust since last summer when a state judge put the $100 million trust under his control. Three legal firms will split a total of $273,448.51 for various services, with Callister, Nebeker & McCullough and attorney Jeff Shields, who is part of the firm, getting more than $257,000. Shields has conducted numerous depositions for the trust and drafted occupancy agreements and tax demand letters for those living in trust-owned properties. The fees will be paid out of UEP Trust bank account that before Wednesday had a balance of $621,000, Wisan said. Read more | ||||||||||||||||||||||||||||||||||||||
| Decision near on trust | ||||||||||||||||||||||||||||||||||||||
| Plan would put the FLDS fund under control of trustee | ||||||||||||||||||||||||||||||||||||||
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By Ben Winslow Deseret Morning News Originally published Thursday, June 29, 2006 | ||||||||||||||||||||||||||||||||||||||
| The Fundamentalist LDS Church's United Effort Plan Trust will never be the same again. A 3rd District Court judge said Wednesday that she is close to deciding how to best reform the UEP Trust, with its estimated $110 million in assets and property in the polygamous border towns of Hildale, Utah, and Colorado City, Ariz. "I will be scheduling a hearing on the proposed reformation of the trust," said Judge Denise Lindberg. During a hearing on attorney's fees, court-appointed special fiduciary Bruce Wisan talked about the proposed reformation, which could include turning the UEP Trust into a new "spend thrift trust." Such a trust would place the UEP's assets in the control of a trustee until the recipients are judged to be able to control the money themselves, Wisan said. It would also keep millions of dollars out of the hands of fugitive FLDS leader Warren Jeffs. "In this case, what we're concerned about is that the FLDS receive title to their homes, and Warren says 'Great, give it back to me,' and you've got UEP two," Wisan said outside of court. "A spend thrift trust would allow the property to go outside of the trust but still have some other control other than UEP." Read more | ||||||||||||||||||||||||||||||||||||||
| Depositions in polygamy probe are postponed | ||||||||||||||||||||||||||||||||||||||
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By Jennifer Dobner The Associated Press The Arizona Republic Originally published June 30, 2006 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY - Depositions planned for July to sort out whether a Utah farming operation has ties to a polygamist church trust will be postponed, a trust attorney said. "They've hired counsel and he needs some time, so we'll be delayed," said Jeff Shields, the attorney for Bruce Wisan, the court-appointed accountant for the United Effort Plan Trust. Shields said Harker Farms had hired a Nevada lawyer, Gregory A. Miles, as its attorney. Miles was not available for comment because he was out of the country this week, an office assistant said. Subpoenas were served two weeks ago on at least three members of the Harker family and their Beryl, Utah, farming businesses, including Harker Farms, Harker & Sons Inc., and JHD Potatoes. Shields wants to know if the businesses are - or should be considered - part of the UEP Trust, the charitable arm of the Fundamentalist Church of Jesus Christ of Latter Day Saints, a religious sect that practices polygamy. The trust holds most of the property and homes in Hildale, Utah, and Colorado City, Ariz., an estimated $100 million in assets donated by church members. The Harker family has long been prominent in the FLDS church. Their Beryl farms are about 100 miles northwest of Hildale. Read more | ||||||||||||||||||||||||||||||||||||||
| Trustee trying to modernize polygamy sect | ||||||||||||||||||||||||||||||||||||||
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By Mark Shaffer The Arizona Republic - Flagstaff Bureau Originally published July 3, 2006 | ||||||||||||||||||||||||||||||||||||||
| In the year since Bruce Wisan was appointed to oversee the assets of the polygamist sect controlled by Warren Jeffs, he has made significant progress in dragging the huge 19th-century-style religious sect into the 21st century. Already, 41 people have paid their property taxes. Only two people haven't responded to the 43 delinquent tax notices that have been sent out, and they are among Jeffs' most influential supporters. The two have been served with eviction notices. Wisan has begun to break down into individual parcels the land that had long been held in trust by the United Effort Plan and controlled as a communal fiefdom by leaders of the Fundamentalist Church of Jesus Christ of Latter Day Saints. And he says he has a commitment from a high-tech company to set up shop in the twin cities of Colorado City, Ariz., and Hildale, Utah. "You can't say enough about how wise his handling of the UEP assets has been and how he has taken charge in his long-range view of privatizing what has been a collective," Arizona Attorney General Terry Goddard said. Read more | ||||||||||||||||||||||||||||||||||||||
| FLDS in Canada pay their property taxes | ||||||||||||||||||||||||||||||||||||||
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Deseret Morning News Originally published Friday, July 7, 2006 | ||||||||||||||||||||||||||||||||||||||
| Property taxes on property owned by the Fundamentalist LDS Church's financial arm have been paid in the polygamous enclave of Bountiful, British Columbia. Bruce Wisan, a court-appointed special fiduciary for the United Effort Plan (UEP) Trust, said Thursday that all of the property owners paid their taxes — and then some. "There's even a credit," he said. "We ended up over-assessing." Wisan has also been pushing FLDS faithful to pay their property taxes on homes in the polygamous border towns of Hildale, Utah, and Colorado City, Ariz., or face the possibility of eviction. Fugitive FLDS leader Warren Jeffs had issued an edict telling his followers not to pay the taxes. But so far, all of the property taxes have been paid in Hildale and now in Canada. Wisan does not believe it's a change in the edict but more of a realization. "It's less expensive to pay property taxes than to buy a new house," he said. Jeffs, 50, is a fugitive on the FBI's Ten Most Wanted list. He is charged in Utah and Arizona with sex crimes and is accused of forcing teenage girls into polygamous marriages with older men. A $100,000 reward is being offered for information leading to his arrest. | ||||||||||||||||||||||||||||||||||||||
| Taxes paid on polygamist sect's Canada property | ||||||||||||||||||||||||||||||||||||||
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By Jennifer Dobner The Associated Press ABC 4 News Originally published July 7, 2006 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY (AP) -- Members of the Canadian branch of a Utah-based polygamist sect have paid off a tax bill on property in Bountiful, British Columbia, an accountant for a church trust said Friday. About $37,000 in taxes on 300 acres of church property held in the United Effort Plan Trust were due July 4 and were paid on time, court-appointed accountant Bruce Wisan said. Members also paid personal property assessments on several mobile homes, leaving the trust with a $5,000 tax credit, he said. Wisan has been steward of the UEP trust since June 2005, when a Utah judge ruled leaders of the Fundamentalist Church of Jesus Christ of Latter Day Saints had mismanaged its assets. Members of the FLDS church established the trust in the 1940s to share their collective assets. In addition to property in Canada, the trust holds virtually all the property in Hildale, Utah, and Colorado City, Ariz., where most church members live. In the past, church members paid their taxes to the church, which set the amounts due, and then the church paid state or local authorities. Wisan has been working for months to get property taxes paid in Utah, Arizona and Canada, and had threatened to evict those who failed to pay. Church members initially resisted Wisan's demands, reportedly because exiled church leader Warren Jeffs issued an edict ordering the faith not to cooperate with Wisan or any other authorities. Read more | ||||||||||||||||||||||||||||||||||||||
| FLDS financial data sought from Seth Jeffs | ||||||||||||||||||||||||||||||||||||||
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By Ben Winslow Deseret Morning News Originally published Tuesday, July 11, 2006 | ||||||||||||||||||||||||||||||||||||||
| After Seth Jeffs is sentenced in a Denver federal courtroom on Friday for harboring a fugitive, the FBI is expected to give him back a laptop computer and documents the agency has been keeping as evidence. But lawyers for an accountant now in charge of the Fundamentalist LDS Church's financial arm want to take a peek before the items are returned to Jeffs, who is Warren Jeffs' younger brother. "We want to know if there were any documents relating to UEP (United Effort Plan) assets that might assist the special fiduciary in his efforts to locate and identify trust property," lawyer Mark Callister said Monday. Seth Jeffs, 33, is scheduled to be sentenced in U.S. District Court in Denver on a single charge of harboring a fugitive. He is accused of helping to keep Warren Jeffs on the run from authorities. In October 2005, Jeffs was stopped by police in Pueblo, Colo. During a search of his car, police found $142,000 in cash, pre-paid credit cards, phone cards and even a glass jar filled with coins and a label that reads, "Pennies for the Prophet." Police also seized envelopes addressed to "Warren Jeffs," "The Prophet" and a number of church documents. It is those documents that lawyers for court-appointed special fiduciary Bruce Wisan want to take a look at. Read more | ||||||||||||||||||||||||||||||||||||||
| Warning letter sent to polygamist trust accountant | ||||||||||||||||||||||||||||||||||||||
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The Associated Press KVOA News 4 - Tucson Originally published July 11, 2006 | ||||||||||||||||||||||||||||||||||||||
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SALT LAKE CITY An attorney for the Hildale City, Utah, Council claims a process server may have violated Utah's trespassing law when posting tax demand letters on residents homes. Residents of Hildale have been hand-delivered tax notices by a local man working for Bruce Wisan. He's the court-appointed accountant in charge of the United Effort Plan Trust, the charitable arm of the Fundamentalist Church of Jesus Christ of Latter-day Saints, which is based in Hildale and Colorado City, Arizona. Wisan got control of the trust last year after a judge said church leaders mismanaged its assets which includes virtually all the property and homes in both towns. Hildale attorney Richard Chamberlain says postings infringe on the privacy and safety of residents. Wisan says he's comfortable with what's been done.
On the Net: http://www.ueptrust.com | ||||||||||||||||||||||||||||||||||||||
| FLDS trust in judge's hands | ||||||||||||||||||||||||||||||||||||||
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By Ben Winslow Deseret Morning News Originally published Friday, July 14, 2006 | ||||||||||||||||||||||||||||||||||||||
| The future of the homes and businesses belonging to the people in the polygamous border towns of Hildale, Utah, and Colorado City, Ariz., are now in a judge's hands. Judge Denise Lindberg has scheduled an Aug. 15 hearing in Salt Lake City's 3rd District Court to announce her decision on how best to reform the Fundamentalist LDS Church's United Effort Plan (UEP) Trust. "I think it's an important part of the history of the UEP for sure," said Bruce Wisan, the court-appointed special fiduciary of the UEP Trust. In 2005, a judge took control of the UEP Trust amid allegations that fugitive FLDS Church leader Warren Jeffs and others were siphoning from the FLDS members. The UEP has an estimated $110 million in assets and controls homes, businesses and land in the Utah-Arizona border towns. The judge booted out Jeffs and the other UEP trustees and placed Wisan in charge with an advisory board. Since then, Wisan has been pushing people in the polygamous border towns to pay their property taxes. Despite an edict from Jeffs telling his followers to "answer them nothing," the taxes are slowly being paid. Read more | ||||||||||||||||||||||||||||||||||||||
| Seth Jeffs is sentenced to probation | ||||||||||||||||||||||||||||||||||||||
| Brother gets fined, probation for hiding FBI-wanted fugitive | ||||||||||||||||||||||||||||||||||||||
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By Ben Winslow Deseret Morning News Originally published Saturday, July 15, 2006 | ||||||||||||||||||||||||||||||||||||||
| In an outcome reminiscent of a "Sopranos" episode, fugitive Fundamentalist LDS Church leader Warren Jeffs' younger brother is taking the fall, but keeping his mouth shut about "the family." Seth Steed Jeffs was sentenced Friday in a Denver federal court to three years probation and ordered to pay a $2,500 fine. In a brief statement before the court, Jeffs said he was leaving the polygamous border town of Hildale and plans to live in Colorado. "I knew what I did was wrong as I was doing it, but I didn't realize the severity of what I was doing," he said. "I did all I can to remove myself from this situation. . . . I never want to find myself in that situation again." Jeffs, 33, pleaded guilty to a single federal charge of harboring a fugitive. He admitted to helping keep his brother on the run from the FBI and local police. Jeffs has refused to reveal his brother's location to the FBI. He pleaded guilty straight-up to the charges and is therefore not required to tell them anything about where Warren Jeffs is. Still, prosecutors consider it a victory. "We feel that this was an important and successful prosecution because it has aided the government in its investigation into the church and the location of Warren Jeffs," said Jeff Dorschner, a spokesman for the U.S. Attorney's Office in Colorado Read more | ||||||||||||||||||||||||||||||||||||||
| Property taxes paid up in Colorado City | ||||||||||||||||||||||||||||||||||||||
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By Patrice St. Germain The Spectrum Originally published August 3, 2006 | ||||||||||||||||||||||||||||||||||||||
| HURRICANE — It took the posting of every single house individually but the end result is that with the exception of one bill owing for $115, all the property taxes in Colorado City have been paid. Bruce Wisan, the court-appointed special fiduciary over the United Effort Plan trust, the financial arm of the Fundamentalist Church of Jesus Christ of Latter Day Saints, was struggling to get the property taxes paid in the communities of Hildale and Colorado City. Followers of the FLDS practice polygamy as one of the church’s tenets. Taxes owed in Colorado City came to $1,124,690. Wisan said $200,000 had been paid at the beginning of the year and the balance was paid after each house was posted. "Actually not everything is paid. There are two trailers. One is empty and one owes $115 that hasn’t been paid but for all intents and purposes, everything has been paid and it’s great," Wisan said. Read more | ||||||||||||||||||||||||||||||||||||||
| Judge orders Jeffs documents released | ||||||||||||||||||||||||||||||||||||||
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By Ben Winslow Deseret Morning News Originally published Monday, August 14, 2006 | ||||||||||||||||||||||||||||||||||||||
| A Salt Lake City judge is ordering the FBI to give up documents seized by authorities when they arrested the younger brother of fugitive polygamist leader Warren Jeffs. Last week, Third District Judge Denise Lindberg granted a motion by lawyers for the United Effort Plan Trust's court-appointed special fiduciary. The motion compels the FBI to let the lawyers see church papers and documents they seized when they arrested Seth Jeffs. Jeffs, 33, pleaded guilty in a Denver federal court to harboring a fugitive and was sentenced to three years probation. When he was arrested in October 2005 outside Pueblo, Colo., federal prosecutors said he had the papers, prepaid credit cards, phone cards, cell phones, $142,000 in cash and even a change jar with a label that read "Pennies for the Prophet." The court-appointed special fiduciary wants to know if any of those documents and church papers deal with missing property that belongs to the UEP. "Anything we can get is more than we've got, and we can see what's there," said Jeffrey L. Shields, a lawyer for court-appointed special fiduciary Bruce Wisan. Read more | ||||||||||||||||||||||||||||||||||||||
| Judge may decide fate of the FLDS trust today | ||||||||||||||||||||||||||||||||||||||
| Lawyers say new plan would 'carve religion out of trust' | ||||||||||||||||||||||||||||||||||||||
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By Ben Winslow Deseret Morning News Originally published Monday, August 14, 2006 | ||||||||||||||||||||||||||||||||||||||
| Some of the utopian ideals of the Fundamentalist LDS Church's "United Effort Plan" will likely come to an end today. A judge in 3rd District Court is expected to announce her decision about how best to reform the UEP Trust during a court hearing this morning. Judge Denise Lindberg has been reviewing a proposed reform plan pushed by the man she appointed to oversee the UEP and its $110 million in assets. "She can accept it, accept it with some modifications or reject it," court-appointed special fiduciary Bruce Wisan said Friday. Lawyers for Wisan said they want to "carve the religion out of the trust." The proposed reformation plan, obtained by the Deseret Morning News, shows it is walking a fine line between helping current and former members of the FLDS Church, who put their money and livelihood into the UEP - and sanctioning polygamy. Judge Lindberg said the new UEP Trust cannot benefit illegal practices like polygamy. That could be interpreted to mean that anyone who practices polygamy can't obtain benefits from the UEP Trust, created by the FLDS Church. "The Trust's real property would be a 'polygamy-free zone' and any practicing polygamist residing thereon would have to be evicted," the documents state. It could put the trust in a tricky position because the judge also said UEP Trustees must be "neutral" and can't administer assets on the basis of religious doctrine. Read more | ||||||||||||||||||||||||||||||||||||||
| Home Ownership Could Become Reality for FLDS Members | ||||||||||||||||||||||||||||||||||||||
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John Hollenhorst Reporting KSL-TV Channel 5 Originally broadcast August 14, 2006 | ||||||||||||||||||||||||||||||||||||||
| Don Timpson, Colorado City Resident: "I live under this constant threat that if I don't give my allegiance to a certain religious belief or a certain religious leader, I can be kicked out of my home. That makes it very difficult for me." For years, polygamist leader Warren Jeffs has maintained control by using land and homes as a weapon. Today, moves are afoot to disarm Jeffs, by dividing up his fallen empire. A judge today indicated approval for a plan that allows people to actually own their homes in the towns Jeffs recently abandoned. Home ownership is practically an alien concept in the twin towns of Hildale, Utah and Colorado City, Arizona. When Jeffs disappeared, he left behind a gigantic can of worms. For decades, nearly all the community's homes, businesses and land have been owned by the United Effort Plan Trust. It's an arm of the FLDS Church totally dominated in recent years by Warren Jeffs. Don Timpson, Colorado City Resident: "But when the trust is used as a hammer, a weapon..." Colorado City resident Don Timpson says many homes remain unfinished, largely because occupants feel so insecure. Don Timpson, Colorado City Resident: "People just don't have the confidence that they will reap the reward of what they build." Read more | ||||||||||||||||||||||||||||||||||||||
| UEP Trust being reformed | ||||||||||||||||||||||||||||||||||||||
| But FLDS members still resist the plan pushed by fiduciary | ||||||||||||||||||||||||||||||||||||||
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By Ben Winslow Deseret Morning News Originally published Tuesday, August 15, 2006 | ||||||||||||||||||||||||||||||||||||||
| The Fundamentalist Latter-day Saint Church's United Effort Plan Trust is changing. A judge in Salt Lake's 3rd District Court appears ready to sign off on a reform plan pushed by the special fiduciary appointed to oversee the UEP Trust. Religion has been "carved out" and people in the polygamous border towns of Hildale, Utah and Colorado City, Ariz., will eventually have the chance to own property. However, the people most affected continue to remain silent on any changes to the UEP Trust. "I continue to be troubled that we hear from everybody but active, participating FLDS," Judge Denise Lindberg said Monday. "I just wish there was some way to reach that community." The homes, the land and even businesses in the border towns belong to the UEP Trust. It was part of a "united order" that the FLDS Church created. In 2005, a judge took control of the UEP Trust amid allegations that it was being fleeced by fugitive FLDS leader Warren Jeffs and some of his followers. "We have not had private ownership in this community for generations," said Don Timpson, a Colorado City man who sits on the UEP's advisory board and helped draft the reform plan. The plan would ultimately privatize property in the border towns and create a number of "spendthrift" trusts that place the UEP's assets in control of a trustee, until the recipients are judged able to control the money or property themselves. Read more | ||||||||||||||||||||||||||||||||||||||
| Wisan says arrest may change ways | ||||||||||||||||||||||||||||||||||||||
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By Rachel Tueller The Spectrum Originally published August 30, 2006 | ||||||||||||||||||||||||||||||||||||||
| ST. GEORGE - The arrest of polygamist group leader Warren Jeffs, who heads the Fundamentalist Church of Jesus Christ of Latter Day Saints, will not change the scope of Bruce Wisan's work as the court-appointed special fiduciary who oversees the United Effort Plan, the financial arm of the FLDS church. "I think that next year when November rolls around I'll have to go back around and post everybody's houses," said Wisan during a phone interview Tuesday morning. Less than two months ago, the final property taxes due for 2005 were received from the residents of Colorado City, Ariz. and Hildale, Utah. Wisan had made several attempts to collect the property taxes and finally posted five-day eviction warnings on the homes and gates of leaders and members of the FLDS church. "I tried all different kinds of ways to communicate - when I posted those notices, especially on the leaders' houses, they started to pay," Wisan said. And while Wisan is hopeful the residents of the two communities will change their philosophy based on recent events, including Jeffs' arrest, he still anticipates varied reaction. Read more | ||||||||||||||||||||||||||||||||||||||
| Trustee for financial arm of Jeffs' church to speak Thursday | ||||||||||||||||||||||||||||||||||||||
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The Spectrum Originally published August 30, 2006 | ||||||||||||||||||||||||||||||||||||||
| ST GEORGE — Bruce Wisan, special fiduciary to the United Effort Plan Trust, the financial arm of the Fundamentalist Church of Jesus Christ of Latter Day Saints, will be the first speaker at the Dixie State College Center for Business Integrity's fall Business Forum. Thursday's forum will begin at noon in room 121 in the Udvar-Hazy Business Building on the Dixie State College Campus. The UEP owns most of the land in Hildale, Utah, and Colorado City, Ariz. A 3rd District Court judge removed the former trustees in 2005 because, among other factors, of the possibility that Warren Jeffs would use money from the trust while he was fleeing authorities. | ||||||||||||||||||||||||||||||||||||||
| Fiscal reforms coming to FLDS | ||||||||||||||||||||||||||||||||||||||
| Judge expected to back changes to UEP Trust | ||||||||||||||||||||||||||||||||||||||
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By Ben Winslow Deseret Morning News Originally published Monday, September 4, 2006 | ||||||||||||||||||||||||||||||||||||||
| HILDALE — While captured polygamist leader Warren Jeffs remains in a Las Vegas jail cell awaiting extradition to Utah, his community is undergoing changes that will shift its very foundations. A judge in Salt Lake City's 3rd District Court is poised to sign a reformation plan for the Fundamentalist LDS Church's financial empire, the United Effort Plan (UEP) Trust. In Hildale and across the border in Colorado City, Ariz., the roads are a patchwork of pavement and red dirt. Some homes are grand, with stately brick, spiraling staircases, ornate fences and multiple entrances. Others are tiny, run-down trailers or unfinished buildings with wood fences put up to keep the outside world at bay. Signs indicate they sit on "UEP property." The trust controls homes, businesses and property in these towns and other FLDS enclaves. Its assets are estimated at more than $100 million. Based on the early Mormon concept of a "united order," people share property, goods and profits. They're supposed to get them back according to their wants and needs. But in 2005, the state of Utah took control of the UEP Trust amid allegations that FLDS leader Warren Jeffs had been siphoning money from the "united effort." The judge appointed certified public accountant Bruce Wisan to handle the UEP. "It's been probably the most impactful thing that I've ever done," he said. "Issuing financial statements and doing tax returns usually doesn't affect thousands of people." Read more | ||||||||||||||||||||||||||||||||||||||
| Judge is poised to sign reform of FLDS trust | ||||||||||||||||||||||||||||||||||||||
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By Ben Winslow Deseret Morning News Originally published Wednesday, September 6, 2006 | ||||||||||||||||||||||||||||||||||||||
| A judge is poised to sign a plan that will overhaul the Fundamentalist LDS Church's United Effort Plan Trust, which controls nearly everything in the polygamous border towns of Hildale, Utah, and Colorado City, Ariz. Concern remains that captured FLDS Church leader Warren Jeffs will continue to exercise authority over the FLDS people from his cell inside the Purgatory Jail, including his edict when it comes to dealing with the courts — "answer them nothing." "Warren was able to rule the community very specifically — almost minutely — in their daily lives and he was able to do that even when he was on the run," court-appointed special fiduciary Bruce Wisan told the Deseret Morning News. "I imagine he'll be able to figure out a way to do it from behind bars." The proposed reform plan is part of a large stack of documents filed in Salt Lake City's 3rd District Court late last week regarding the UEP Trust. Wisan also filed a report updating the judge on the status of changes in the $110 million trust, which controls homes, businesses and property in the border towns. In 2005, a judge took control of the UEP amid allegations that Jeffs and other top FLDS leaders had been siphoning money from the "united order," hurting the people in Hildale and Colorado City. "The Fiduciary is very pleased to report that ALL of the Trust's delinquent property tax obligations have now been paid in full!" he wrote. While reporting that good news, Wisan also noted the communities continue to refuse to involve themselves in the reformation efforts. Wisan singled out police officers in the town marshal's office for refusing to cooperate in the investigation of property that vanished from UEP land. Read more | ||||||||||||||||||||||||||||||||||||||
| SUMMONS BY PUBLICATION | ||||||||||||||||||||||||||||||||||||||
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The Spectrum Originally published September 9, 2006 | ||||||||||||||||||||||||||||||||||||||
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Civil No. 060908716 Judge Tyrone E. Medley BRUCE R. WISAN, as the Court-Appointed Special Fiduciary of the United Effort Plan Trust, Plaintiff, vs. WARREN S. JEFFS; TRUMAN I. BARLOW; LEROY S. JEFFS; JAMES K. ZITTING; WILLIAM E. JESSOP a/k/a WILLIAM E. TIMPSON; CORPORATION OF THE PRESIDENT OF THE FUNDAMENTALIST CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS; CORPORATION OF THE PRESIDING BISHOP OF THE FUNDAMENTALIST CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS; and THE FUNDAMENTALIST CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS, Defendants. THE STATE OF UTAH TO THE FOLLOWING NAMED DEFENDANTS: (1) WARREN S. JEFFS; (2) TRUMAN I. BARLOW; (3) JAMES K. ZITTING; (4) WILLIAM E. JESSOP A/K/A/ WILLIAM E. TIMPSON; (5) CORPORATION OF THE PRESIDENT OF THE FUNDAMENTALIST CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS; (6) CORPORATION OF THE PRESIDING BISHOP OF THE FUNDAMENTALIST CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS; AND (7) THE FUNDAMENTALIST CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS. Pursuant to the ORDER GRANTING EX PARTE MOTION FOR SUBSTITUTE SERVICE entered by the Honorable Tyrone E. Medley on August 29, 2006, you are hereby summoned and required to file an answer in writing to the Complaint on file in the above numbered action (AComplaint@) with the Clerk of the above-entitled Court at 450 South State Street, P.O. Box 1860, Salt Lake City, Utah 84114 within thirty (30) days after the last date of publication of this Summons, and to serve by mail or hand-delivery a copy of your answer to: Read more | ||||||||||||||||||||||||||||||||||||||
| Legal battle brewing over Jeffs' 'sacred' FLDS papers | ||||||||||||||||||||||||||||||||||||||
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By Ben Winslow Deseret Morning News Originally published Wednesday, September 20, 2006 | ||||||||||||||||||||||||||||||||||||||
| "Sacred" papers the FBI seized when it arrested polygamist leader Warren Jeffs could be a "motherlode" of information about the secretive labyrinth of business interests involving the Fundamentalist LDS Church, its leaders and the $110 million United Effort Plan Trust. The man appointed by the courts to oversee the UEP Trust wants to see just what the FBI seized when agents arrested Jeffs during a traffic stop outside Las Vegas last month. "An unnamed source told us that the information contained at the arrest with Warren Jeffs is the 'motherlode,"' court-appointed special fiduciary Bruce Wisan told the Deseret Morning News on Tuesday. Wisan's lawyers filed a series of motions late Monday in Salt Lake City's 3rd District Court and in federal court in Las Vegas, asking for court orders to see the papers and laptop computers. "The Fiduciary believes that this information is likely to lead to the discovery of admissible evidence that may assist the Fiduciary in his efforts to investigate, preserve, trace inventory and recover Trust property," lawyer Michael Stanger wrote in a motion filed in 3rd District Court and obtained by the Deseret Morning News. A judge authorized a subpoena to be served on the FBI in Nevada, requiring them to produce the documents. The FBI's office in Las Vegas did not return calls Tuesday seeking comment. Read more | ||||||||||||||||||||||||||||||||||||||
| Jeffs edict could stall UEP reforms | ||||||||||||||||||||||||||||||||||||||
| Judge says she's 'days away' from approving trust changes | ||||||||||||||||||||||||||||||||||||||
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By Ben Winslow Deseret Morning News Originally published Tuesday, October 10, 2006 | ||||||||||||||||||||||||||||||||||||||
| Captured polygamist leader Warren Jeffs has reportedly issued a new edict to his followers: "Do not sign your name to any document for property that has already been consecrated to God." The Fundamentalist LDS Church leader's latest proclamation could further complicate plans to reform the $110 million United Effort Plan (UEP) Trust, which controls homes, businesses and property in the polygamous border towns of Hildale, Utah, and Colorado City, Ariz. The edict was revealed during a hearing Tuesday in Salt Lake City's 3rd District Court. "Some documents related to that (the edict) were in the Escalade and people that are in the community have told me that's generally well known," said Bruce Wisan, the court-appointed special fiduciary of the UEP Trust. Jeffs was arrested Aug. 28 in a red Cadillac Escalade that was stopped by police just outside Las Vegas. Inside, FBI agents seized a number of papers, cash, cell phones, computers and other items believed to have helped keep the FLDS leader on the run from authorities. Jeffs is currently in Hurricane's Purgatory Jail facing two charges of rape as an accomplice, a first-degree felony. He is accused of forcing a teenage girl into a polygamous marriage with an older man. Meanwhile, plans to reform the UEP Trust that Jeffs once controlled move on without him. Read more | ||||||||||||||||||||||||||||||||||||||
| Warren Jeffs to face another legal battle | ||||||||||||||||||||||||||||||||||||||
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By Patrice St. Germain The Spectrum Originally published October 11, 2006 | ||||||||||||||||||||||||||||||||||||||
| ST. GEORGE - In addition to facing charges in criminal cases in Washington County and Mohave County, Ariz., and several civil cases, Warren Jeffs has another legal battle before him. Jeffs, along with several other former trustees of the United Effort Plan, the financial arm of the Fundamentalist Church of Jesus Christ of Latter Day Saints, has been served with a complaint by Jeffrey Shields, attorney for Bruce Wisan, the court-appointed special fiduciary assigned to oversight of the UEP trust. The complaint alleges that Jeffs, along with Truman I. Barlow, Leroy S. Jeffs, James K. Zitting and William E. Jessop, also known as William E. Timpson, and the corporation of the president of the FLDS Church, the corporation of the presiding bishop of the FLDS Church and the FLDS Church misappropriated property intended for the trust. Documents filed in 3rd District Court allege that throughout the years, hundreds of people donated money, property and services to the trust and that the trustees received donations intended for the trust that were not placed in the trust. "There may be another link between other properties and names of the suspended trustees," Shields said. Read more | ||||||||||||||||||||||||||||||||||||||
| Deputy seeks protection from lawyers | ||||||||||||||||||||||||||||||||||||||
| Doesn't want to release privileged FLDS data | ||||||||||||||||||||||||||||||||||||||
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By Ben Winslow Deseret Morning News Originally published Saturday, October 14, 2006 | ||||||||||||||||||||||||||||||||||||||
| Helaman Barlow doesn't want a protective order because he's abused or fears for his safety, but apparently he is afraid of lawyers and their nagging questions. The deputy in the Hildale/Colorado City Town Marshal's Office is asking a judge in Salt Lake City's 3rd District Court for a protective order that would limit the kinds of questions lawyers can ask him about the Fundamentalist LDS Church, its leader Warren Jeffs and the $110 million United Effort Plan Trust. "In his deposition, Deputy Barlow was repeatedly asked questions about members of his church, about his belief in his church, about the organization of the church and about its leadership," Barlow's lawyer Barbara Townsend wrote in her motion for a protective order filed Sept. 21. "Not only are these inquiries far afield from the subject matter of this case, they seek privileged information." Barlow claims he doesn't have to answer many of the questions because of his First Amendment right to freedom of religion. Lawyers for the court-appointed special fiduciary of the UEP have been pursuing Barlow, grilling him in depositions about Jeffs and trust property that has vanished in the polygamous border towns of Hildale, Utah and Colorado City, Ariz. The police are accused of refusing to cooperate with the courts and doing nothing to stop UEP property from disappearing. Read more | ||||||||||||||||||||||||||||||||||||||
| Accountant seeks tax help from jailed church leader | ||||||||||||||||||||||||||||||||||||||
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By Jennifer Dobner The Associated Press KVOA News 4 - Tucson Originally published October 20, 2006 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY -- The accountant appointed to manage a polygamist church's trust wants help in getting property taxes paid. The lack of cooperation last year forced Bruce Wisan to post tax notices on every house in Hildale, Utah, and Colorado City, Ariz. The towns are home to most of the 10,000 members of the Fundamentalist Church of Jesus Christ of Latter Day Saints. "There ought to be a better way to do this," Wisan said in a letter sent last week to church leader Warren Jeffs and church elders William Jessop and Lyle Jeffs. "I am hopeful that one or all of you will respond to this letter and instigate the tax payment process immediately," he said. The church's $100 million trust holds the property and homes in both communities and some land in Bountiful, British Columbia. Church members set up the trust in the 1940s to promote communal well-being. In June 2005, a Utah judge put the trust in Wisan's care after state attorneys claimed some assets were mismanaged, possibly to keep Jeffs on the run. The fugitive was arrested two months ago and is in jail in Washington County on charges related to the marriage of an underage girl to another older man. Jeffs, 50, faces similar charges in Arizona. Whether Jeffs or others will respond to Wisan's request for assistance is unknown. Last year, Jeffs told members to "answer them nothing." Read more | ||||||||||||||||||||||||||||||||||||||
| Judge reorganizes $100 million trust for polygamists | ||||||||||||||||||||||||||||||||||||||
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The Associated Press KVOA News 4 - Tucson Originally broadcast October 26, 2006 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY A judge formalized Utah's takeover of a community trust held for twin polygamy towns on the Utah-Arizona border. Third District Judge Denise Lindberg issued an order today permanently removing the sect's jailed leader, Warren Jeffs, and five others as trustees. Lindberg ordered the men to provide a full accounting of the trust's 100 (m) million dollars in assets. She prohibited anyone from liquidating the trust, which holds property and real-estate in the border towns of Hildale, Utah, and Colorado City, Arizona. The judge said she was keeping the power to appoint a new board of trustees. For now, court-appointed fiduciary Bruce Wisen remains in control of the trust. | ||||||||||||||||||||||||||||||||||||||
| Judge reforms FLDS trust | ||||||||||||||||||||||||||||||||||||||
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By Ben Winslow Deseret Morning News Originally published Thursday, October 26, 2006 | ||||||||||||||||||||||||||||||||||||||
| The Fundamentalist LDS Church's United Effort Plan Trust is destined to never be the same again. A judge in Salt Lake City's 3rd District Court signed an order late Wednesday, reforming the $110 million dollar trust. "Oh fantastic! Fantastic!" ex-FLDS member Carolyn Jessop said when informed of the decision by the Deseret Morning News on Thursday. "It's very exciting, we're definitely moving forward." Lawyers said religion has been "carved out" and people within the polygamous border towns of Hildale, Utah and Colorado City, Ariz., will eventually have the chance to own property for the first time in the UEP's history. The UEP Trust controls homes, businesses and land within the towns. It was part of a "united order" that the FLDS Church created. In 2005, Judge Denise Lindberg took control of the UEP Trust amid allegations that FLDS prophet Warren Jeffs and other top church leaders were fleecing it. She appointed certified public accountant Bruce Wisan to act as the court-appointed special fiduciary, managing the trust. Read more | ||||||||||||||||||||||||||||||||||||||
| Text of the letter to Jeffs | ||||||||||||||||||||||||||||||||||||||
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Deseret Morning News deseretnews.com Originally published Monday, October 30, 2006 | ||||||||||||||||||||||||||||||||||||||
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October 24, 2006
Warren S. Jeffs Purgatory Correctional Facility 750 South 5400 West Hurricane, UT 84737 Dear Mr. Jeffs: I have previously sent you and three others a letter requesting help in the matter of collecting property taxes in Hildale nd Colorado City. I have not yet had a response to any of the four identical letters that I sent. As the head of the FLDS Church and the leader of the people I am asking you for help. I had heard earlier this year that the FLDS were instructed not to pay property taxes unless they personally received a notice to pay or face eviction. Regardless of whether any such aforementioned instructions came from you or from one of your subordinates (maybe there were in fact no instructions issued and people just reacted to the situation) I know that if you asked the FLDS people to properly and expeditiously pay their property taxes to their respective counties, it would happen. It appears to me that the FLDS people listen to your instructions in all things. Read more | ||||||||||||||||||||||||||||||||||||||
| FLDS-linked business settles lawsuit | ||||||||||||||||||||||||||||||||||||||
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By Ben Winslow Deseret Morning News Originally published Friday, November 3, 2006 | ||||||||||||||||||||||||||||||||||||||
| A company with ties to the Fundamentalist LDS Church has settled a lawsuit filed by a man appointed by the courts to oversee the polygamous group's financial arm. Newera Manufacturing Inc., formerly known as Western Precision Inc., reached a deal on Tuesday with Bruce Wisan, the court-appointed special fiduciary of the United Effort Plan (UEP) Trust. The manufacturing company has agreed to give up its building in Hildale for dismissal of the lawsuit. According to a copy of the settlement given to the Deseret Morning News, the company said it believed it would have prevailed if the case had ever made it to trial, but given the company's move to Las Vegas and "the interests of WPI's customers in WPI's freedom from litigation," a settlement was more appropriate. Wisan sued the company in 2005, claiming Western Precision got the land for only a fraction of what it is worth. Among the fiduciary's claims were breach of trust, fraudulent transfer and unjust enrichment. Wisan sought recovery of the property for the trust, the settlement agreement said. Read more | ||||||||||||||||||||||||||||||||||||||
| Fiduciary watching star witness in Jeffs case | ||||||||||||||||||||||||||||||||||||||
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By Ben Winslow Deseret Morning News Originally published Thursday, November 16, 2006 | ||||||||||||||||||||||||||||||||||||||
| When "Jane Doe IV" takes the witness stand next week to testify against polygamist leader Warren Jeffs, the man in charge of the Fundamentalist LDS Church's financial arm plans to be in the audience. The prosecution's star witness in the case is also suing Jeffs and the $110 million United Effort Plan (UEP) Trust, claiming she was forced into a marriage. Jeffs, 50, is scheduled to appear in St. George's 5th District Court on Nov. 21 for a preliminary hearing on charges of rape as an accomplice, a first-degree felony. He is accused of performing a child bride marriage. "We need to flesh out the basic details, see how she reacts in the courtroom," said Bruce Wisan, the court-appointed special fiduciary of the UEP Trust. "What Warren's attorney attempts to accomplish and how successful — or unsuccessful — she is. What effect, if any, it might have on the trust." In 2005, the courts took control of the UEP Trust amid allegations that Jeffs and other top FLDS leaders were fleecing it. Wisan was placed in charge and recently, the courts signed a reform plan for the trust. On Nov. 20, Wisan plans to hold a 7 p.m. town meeting in the FLDS enclave of Hildale, Utah, to explain the reforms of the UEP Trust. The reforms include the concept of private property ownership, but present some new challenges including homes that have been occupied by several families. "What do you do with a couple of wives who have been separated from a husband but have contributed in kind? Now they're assigned to another man and live in another house," Wisan said Monday. Read more | ||||||||||||||||||||||||||||||||||||||
| Meeting on UEP is tonight | ||||||||||||||||||||||||||||||||||||||
| Fiduciary hopes to sell FLDS members on reform process | ||||||||||||||||||||||||||||||||||||||
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By Ben Winslow Deseret Morning News Originally published Monday, November 20, 2006 | ||||||||||||||||||||||||||||||||||||||
| HILDALE, Washington County — Historic reforms affecting thousands of lives in this polygamous border town are about to be implemented. The reformed United Effort Plan Trust will be presented to anyone who shows up at the Hildale Town Hall at 7 p.m. tonight to hear about it. "We'll explain the UEP reforms and the petition process," said Bruce Wisan, the court-appointed special fiduciary of the UEP Trust. Faithful members of the Fundamentalist LDS Church may shy away, as they have at past meetings. But fiduciary lawyer Jeffrey L. Shields hopes to have applications ready tonight for those who do show up to start the process of getting titles to homes and property. "At the end of the day it will help the board make a prudent decision," he said Friday. "Should they get the deed or set up a spendthrift trust?" In 2005, a judge in 3rd District Court in Salt Lake City seized control of the UEP Trust after the Utah Attorney General's Office brought up allegations that Warren Jeffs and other FLDS leaders had been fleecing money from the "united order." Read more | ||||||||||||||||||||||||||||||||||||||
| Hope for the people in Utah's polygamy town | ||||||||||||||||||||||||||||||||||||||
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By Brent Hunsaker ABC 4 Originally broadcast November 22, 2006 | ||||||||||||||||||||||||||||||||||||||
| Under red cliffs, Hildale sits next to Colorado City, straddling the Utah/Arizona border. Since 1942, all the property in the twin towns has been owned by the United Effort Plan, a trust that was controlled by leaders of the FLDS faith. Now, for the first time in a generation, townsfolk are being offered the chance to own their own homes. "I think it's a step in the right direction," says Andrew Chatwin of Hildale. His large home on Willow Street is a work in progress. He has delayed making any more investment in the property until he got the deed to it. He says, "You don't want to risk someone trying to take it away from you." That's happened a lot during the reign of Warren Jeffs. As the leader of the largest polygamist group in North America, apostates say he kicked out of their homes several men and families. Jeffs controlled the UEP trust. Read more | ||||||||||||||||||||||||||||||||||||||
| Hildale youth sentenced on three counts of arson | ||||||||||||||||||||||||||||||||||||||
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By Patrice St. Germain The Spectrum Originally published November 23, 2006 | ||||||||||||||||||||||||||||||||||||||
| ST. GEORGE - A Hildale youth was sentenced last week in juvenile court after admitting to three counts of arson over a period of four months at his family's home. Washington County Deputy Attorney Angela Adams said the youth admitted to the charges and a psychological evaluation was ordered. The boy was released from Dixie Area Detention Center last week following his court appearance where he was ordered to 150 community service hours, counseling and to obtain a general education diploma. Adams said the youth, who turned 18 after the last incident on Sept. 17 destroyed the family's home, was held in the detention facility rather than Purgatory Correctional Facility while awaiting results of the psychological evaluation. The other two incidents took place on June 21 and July 24. The first fire resulted in an estimated $30,000 worth of damage, mostly confined to an upstairs bedroom. The second fire caused approximately $16,800 in damage to a laundry room. The September fire resulted in extensive damage to the upper floor of the home and water damage to the lower floor. The fire cause and origin were investigated jointly by the Hildale Fire Department and Utah Fire Marshall's Office. The house was under the jurisdiction of the United Effort Plan Trust, the financial arm of the Fundamentalist Church of Jesus Christ of Latter Day Saints, whose members live predominately in the Hildale and Colorado City area. Bruce Wisan, appointed by the court to oversee the finances of the UEP, said the house was demolished before he was informed by the city, fire department or the person living in the home. Read more | ||||||||||||||||||||||||||||||||||||||
| Jeffs' Followers Appear to Be Abandoning Homes | ||||||||||||||||||||||||||||||||||||||
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John Hollenhorst Reporting KSL TV 5 Originally broadcast December 13, 2006 | ||||||||||||||||||||||||||||||||||||||
| A preliminary hearing on accessory-to-rape charges resumes Thursday for polygamist leader Warren Jeffs amidst indications that some of his closest followers are abandoning their community on the Utah-Arizona border. A number of houses have suddenly turned up empty. The court has already heard the prosecution's key witness, who says Jeffs coerced her to marry one of his followers and have sex at the age of 14. Now we should hear defense witnesses. Meanwhile, something strange is going on in the Jeffs' border town of Hildale, Utah and Colorado City, Arizona. A house of Warren Jeffs' brother is suddenly abandoned. The family home of a Jeffs' brother-in-law was also recently vacated. In another one we found the people investigating aren't sure who lived there. A very large family emptied it and moved away. FLDS Neighbors loyal to Jeffs are no help. Isaac Wyler, Former F.L.D.S. Member: "No, they won't talk to you. They won't open the door. Even if they did, they'd just tell you they can 'answer you nothing,' and slam the door in your face." Read more | ||||||||||||||||||||||||||||||||||||||
| Even behind bars, Warren Jeffs' grip on polygamist sect remains firm | ||||||||||||||||||||||||||||||||||||||
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By Brent Hunsaker ABC 4 Originally broadcast December 13, 2006 | ||||||||||||||||||||||||||||||||||||||
| Even though Polygamist Prophet Warren Jeffs remains behind bars awaiting the continuation of his preliminary hearing later this week, his grip on the people in the polygamist communities of Colorado City, Arizona and Hildale, Utah remains undiminished. Last week the organization that certifies police officers in Arizona released a letter from Marshall Fred Barlow - the top cop in both towns. Marshal Barlow asked for advice on a pending hire, and their pledged his support for Jeffs. He wrote, "I follow the directives that you have sent to me... I have felt a unity between the peace officers. They have all stated to me their desire to follow the directives. I do know that I and all of the other officers have expressed our desire to stand with you." The letter was written in October 2005 when Warren Jeffs was a federal fugitive. Now, the town councils of both Hildale and Colorado City are apparently stonewalling efforts to get approval for a survey of UEP property. UEP, or United Effort Plan, is a trust that controls just about all of the land in the twin towns. The surveys are necessary to again allow the buying and selling of UEP property. Read more | ||||||||||||||||||||||||||||||||||||||
| People are disappearing in North America's largest polygamist community | ||||||||||||||||||||||||||||||||||||||
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By Brent Hunsaker ABC 4 Originally published December 16, 2006 | ||||||||||||||||||||||||||||||||||||||
| There's a strange thing happening in the polygamist communities of Hildale and Colorado City. People are disappearing. Isaac Wyler, an agent for the UEP trust which owns most of the land in the twin towns, says it happens in the middle of the night. Semis pull up to a house and empty it's contents. Before the sun comes up, the contents and the people are gone. "They could be out of a house in less than two hours," says Wyler. That's incredible considering some of those houses can have as many as 30 bedrooms. He says, "they have huge crews. It's amazing. It's actually fun to watch them." So far 10 homes and 1 apartment have been emptied this way. When this exodus started a few weeks ago, Wyler had to guess which houses were abandoned. Now the people are taping notes to the door and even leaving the keys in the locks. It is a thoughtful gesture considering they are leaving the homes in the hands of the UEP which is now in the hands of a court-appointed special fiduciary -- an outsider. Read more | ||||||||||||||||||||||||||||||||||||||
| FLDS trust runs low on cash | ||||||||||||||||||||||||||||||||||||||
| Church is unable to pay lawyers, financial overseer | ||||||||||||||||||||||||||||||||||||||
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By Ben Winslow Deseret Morning News Originally published Tuesday, December 19, 2006 | ||||||||||||||||||||||||||||||||||||||
| The Fundamentalist LDS Church's financial empire is land rich — but cash poor. The United Effort Plan Trust doesn't have enough money to pay its lawyers or the man appointed by the courts to oversee the $110 million financial arm of the polygamist church, Bruce Wisan. "The truth is, the fiduciary didn't pay our last bill because he didn't have enough cash," attorney Jeffrey L. Shields told the Deseret Morning News on Monday. Shields estimates his firm is owed about a half-million dollars for its work over the past six months. Wisan, the court-appointed special fiduciary of the UEP Trust, estimates he is owed about $100,000. That doesn't mean the UEP is going bankrupt anytime soon. With the exception of Wisan and his attorneys, all of the bills have been paid. "Right now, I'm able to cover three to four months of ongoing bills," Wisan said Monday. "I've talked to a bank about a possible bridge loan, but I'd like to not do that. One bank has already turned me down because it is such an unusual situation." Read more | ||||||||||||||||||||||||||||||||||||||
| UEP land applications available | ||||||||||||||||||||||||||||||||||||||
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By Ben Winslow Deseret Morning News Originally published Friday, December 22, 2006 | ||||||||||||||||||||||||||||||||||||||
| Applications to own land in the Fundamentalist LDS Church enclaves of Hildale, Utah, and Colorado City, Ariz., are in the process of being handed out. "This will be stuffed in the boxes in the post offices of Colorado City and Hildale," said Jeffrey L. Shields, the attorney for court-appointed special fiduciary Bruce Wisan. "It's Bruce's Christmas present to the trust participants." The petition for benefits is part of the recent reforms of the United Effort Plan Trust. In 2005, a judge in Salt Lake City's 3rd District Court took control of the UEP Trust, which lawyers estimate controls about 95 percent of the land in Hildale and Colorado City. The eight-page document that asks questions like, "Have you personally made any contributions to either the Trust or the FLDS Church?" and "Has there been any recommendation from a representative of the FLDS Church ... with respect to your petition?" The petition includes a caveat that the UEP Trust has been separated from the FLDS Church and its leaders, and any grievances against the church or leadership should not be included. Read more | ||||||||||||||||||||||||||||||||||||||
| Evidence hearing for Jeffs today in Las Vegas | ||||||||||||||||||||||||||||||||||||||
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By Ben Winslow Deseret Morning News Originally published Monday, January 8, 2007 | ||||||||||||||||||||||||||||||||||||||
| LAS VEGAS — The "mother lode" of evidence the FBI seized when it arrested Fundamentalist LDS Church leader Warren Jeffs will be fought over in a federal courtroom today. A hearing is scheduled on who can get involved in the fight over papers, ledgers, letters, computers and other items that were found in the Cadillac Escalade in which Jeffs was riding. Among those who want a peek: the court-appointed special fiduciary of the United Effort Plan Trust, an ex-FLDS Church member who won a lawsuit against Jeffs, and the Utah Attorney General's Office. The feds don't seem willing to give it up. "We will just continue with our same interest in the case," said Melodie Rydalch, a spokeswoman for the U.S. Attorney for Utah, which is handling the case. "That is protecting the evidence that can be used in a criminal case." Lawyers for the man placed in charge of the FLDS Church's financial empire want to see if any of the evidence tells them anything about the UEP Trust. "It could tell a lot," said Jeffrey L. Shields, an attorney for court-appointed special fiduciary Bruce Wisan. "We're hopeful it will give us some insight into the previous management of the trust." Read more | ||||||||||||||||||||||||||||||||||||||
| Battle over evidence expands in Jeff case | ||||||||||||||||||||||||||||||||||||||
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By Ben Winslow Deseret Morning News Originally published Tuesday, January 9, 2007 | ||||||||||||||||||||||||||||||||||||||
| LAS VEGAS — The hearing lasted about as long as it takes to lose $20 at the slot machines. But it was just enough time for a federal judge here to allow more lawyers to get involved in the fight over a trove of papers, ledgers, documents, cash and other items the FBI seized when it arrested Fundamentalist LDS Church leader Warren Jeffs. With no one voicing any opposition, U.S. District Court Judge Robert Jones allowed lawyers for the court-appointed special fiduciary of the United Effort Plan Trust and an ex-FLDS member trying to collect on a civil judgment against Jeffs to intervene in the upcoming evidence fight. The move allows the attorneys to try to get their hands on what the FBI found inside the red Cadillac Escalade that Jeffs was riding in when he was arrested during a traffic stop outside Las Vegas in August 2006. "We felt like we needed to be involved," said Jeffrey L. Shields, an attorney for Bruce Wisan, the UEP's court-appointed special fiduciary. The $110 million UEP Trust, the financial arm of the FLDS Church, was taken over by a judge in Salt Lake City's 3rd District Court in 2005. Just as the hearing ended, Jeffs' Las Vegas lawyer, Richard Wright strode in only to discover it was all over. Still, he did not object. Read more | ||||||||||||||||||||||||||||||||||||||
| Warren Jeffs' Former Home May House 'Lost Boys' | ||||||||||||||||||||||||||||||||||||||
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Brian Mullahy Reporting KUTV Channel 2 Originally broadcast February 1, 2007 | ||||||||||||||||||||||||||||||||||||||
| (KUTV) SALT LAKE CITY - The house used to be the home of a polygamist and as many as seven wives, and who knows how many kids. But now a big change is coming for the big house. The families that used to live in the house abandoned the place, rather than pay taxes. And now it may turn into a great, big foster home. Just minutes away from the compound where embattled polygamist leader Warren Jeffs used to live is another huge home. Bruce Wisan is court-appointed, and in control of the United Effort Plan Trust, which operates the home. "It’s 19 bedrooms and 23 bathrooms. Five of the bathrooms have Jacuzzis. Three kitchens, one a commercial grade kitchen," he said. That home used to be run by none other than Warren Jeffs, a man who could kick people out of the polygamist sect, sever their family ties and assign their homes to somebody he deemed "more worthy." But now this big house may take some ousted teenage boys back. Read more | ||||||||||||||||||||||||||||||||||||||
| Hildale facility to be sold | ||||||||||||||||||||||||||||||||||||||
| FLDS building scheduled for auction Feb. 27 | ||||||||||||||||||||||||||||||||||||||
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By Patrice St. Germain The Spectrum Originally published February 6, 2007 | ||||||||||||||||||||||||||||||||||||||
| HILDALE - It's a little remote, the workforce issue could be a problem and the electricity rates are some of the highest around, but for a bargain price, you could pick up a 55,000-square-foot manufacturing facility. Once the home of Western Precision Inc., the facility located on a 3.15-acre parcel in Hildale is not only built to a high standard but is "somewhat over-engineered," said auctioneer Tom Erkelens. Despite the downsides, the pluses include incredible views and a building less than 5 years old that is fully landscaped with many extras. The property will be auctioned off at noon on Feb. 27 on site and the money will go into the United Effort Plan Trust, now being run by court-appointed special fiduciary Bruce Wisan. The UEP is the financial arm of the Fundamentalist Church of Jesus Christ of Latter Day Saints, a polygamous sect led by Warren Jeffs. The self-proclaimed prophet of the church is currently sitting in Purgatory Correctional Facility in Washington County, facing charges of rape as an accomplice for his alleged role in the marriage of an underage girl to an older man. Wisan, a CPA in Salt Lake City, said the property is being sold to pay some debts - namely the legal and accounting bills the UEP has run up. "We are running short of money and we need to sell it to pay the ongoing daily expenses of the trust," Wisan said. "Right now, the attorney is owed about $500,000 and I'm owed about $100,000, plus we have the quarterly assessment." Read more | ||||||||||||||||||||||||||||||||||||||
| Crown Jewel of FLDS Community to be Auctioned | ||||||||||||||||||||||||||||||||||||||
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John Hollenhorst Reporting KSL 5 TV Originally broadcast February 21, 2007 | ||||||||||||||||||||||||||||||||||||||
| One of the crown jewels of the Warren Jeffs empire will go on the auction block next week. It's a multi-million dollar creation where the workmanship reflects the single-minded devotion of the jailed polygamist's followers. It's a building, a big one. No one knows what it might be worth to an outsider, but the very fact it's being auctioned shows things in the polygamist community are really changing. Experts say the building might be worth $6,000,000 in Las Vegas, but what's it worth in a place where people are, as Bruce Wisan says, "a little bit different?" Bruce Wisan, court-appointed fiduciary: "Oh, I think it weighs against the price. How much, we'll see." He's the court-appointed fiduciary who's putting the Western Precision building up for auction. It's 55,000 square feet of manufacturing and office space. Bruce Wisan: "And when I say office space, I am talking about deluxe office space." Read more | ||||||||||||||||||||||||||||||||||||||
| Hildale building tied to FLDS on auction block | ||||||||||||||||||||||||||||||||||||||
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By Ben Winslow Deseret Morning News Originally published Saturday, February 24, 2007 | ||||||||||||||||||||||||||||||||||||||
| At high noon on Tuesday, one of the crown jewels in the Fundamentalist LDS Church's financial empire will go on the auction block. The Western Precision building in the polygamous enclave of Hildale will be auctioned off to the highest bidder. "We absolutely need to have money," said Bruce Wisan, the court-appointed special fiduciary of the United Effort Plan Trust. The building came into possession by the fiduciary after a series of legal maneuvers and a move by the manufacturing company. Wisan sued the company in 2005, claiming Western Precision got the UEP land for only a fraction of its true value. A year later, both sides settled. Western Precision, which has been linked to the FLDS Church, moved to Las Vegas and renamed itself "Newera Manufacturing." Many FLDS members who worked for the company followed, leaving the border towns of Hildale, Utah, and Colorado City, Ariz. The facility is complete, with nothing unfinished, and even several extras. "There's two one-bedroom apartments," said Tom Erkelens of Statewide Auction Company, which is handling the auction. "There's some beautiful offices. There's an 1,800-square-foot meeting room with beautiful lighting. There's two great big, giant executive offices. These offices have their own bathrooms." "I counted 15 bathrooms," he said. "I went back another time and there's more like 17." Read more | ||||||||||||||||||||||||||||||||||||||
| Hildale property to be auctioned | ||||||||||||||||||||||||||||||||||||||
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By Patrice St. Germain The Spectrum Originally published February 27, 2007 | ||||||||||||||||||||||||||||||||||||||
| ST. GEORGE - Tom Erkelens is hoping for more speculators than spectators at the auction he is conducting today in Hildale. Erkelens, co-owner and auctioneer for Statewide Liquidation & Auction Company, is selling off the former Western Precision building in the community that is home to many followers of the Fundamentalist Church of Jesus Christ of Latter Day Saints. The 55,000-square-foot building on a 3.15-acre parcel of land is being auctioned off at the request of Bruce Wisan, the court-appointed special fiduciary for the United Effort Plan trust, the financial arm of the FLDS church. "I'm just hoping we have a few people interested in the property," Erkelens said of the Hildale property. The remote location is one drawback to the property. So are utility rates. But, the building also has ties to the community whose residents believe in the tenets of polygamy. Hildale Mayor David Zitting said in a previous interview that the utility rates for the twin cities - Hildale and Colorado City - are some of the highest in the area. Read more | ||||||||||||||||||||||||||||||||||||||
| UEP building sells for $1.65 million | ||||||||||||||||||||||||||||||||||||||
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By Patrice St. Germain The Spectrum Originally published February 27, 2007 | ||||||||||||||||||||||||||||||||||||||
| HILDALE — A 55,000-square-foot manufacturing building that was once the home of Western Precision, sold this afternoon for $1.65 million, well below the $2 million court officials had hoped to receive. The building was purchased by Tom Davis of Northwest Land, who said he will lease it to Champion Safe, which is based in Springville. The building was sold to pay off some of the debt accrued by the United Effort Plan, the financial arm of the Fundamentalist Church of Jesus Christ of Latter Day Saints, whose self-proclaimed prophet, Warren Jeffs, faces charges in Utah and Arizona for allegedly arranging marriages of underage girls to older men. UEP funds and properties are under the control of court-appointed special fiduciary Bruce Wisan who said the UEP owes at least $600,000 in attorney fees. There were five bidders for the building. Davis said the safe-manufacturing company expects to hire 75-150 employees, who he expects will be paid from $15-18 an hour. For more, please see tomorrow’s edition of The Spectrum & Daily News. | ||||||||||||||||||||||||||||||||||||||
| FLDS facility auctioned for $1.65 million | ||||||||||||||||||||||||||||||||||||||
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By Ben Winslow Deseret Morning News Originally published Wednesday, February 28, 2007 | ||||||||||||||||||||||||||||||||||||||
| Tom Erkelens started the bidding at $1.2 million. "It went to one million five and then it went to one million 550, one million 600 thousand, one million 650 thousand and then it just stopped right there," he said Tuesday. "I couldn't get another bid." At $1.65 million, the Western Precision building in Hildale was auctioned off to the highest bidder — a company planning to lease it to Provo-based Champion Safe, officials said. Representatives of Cham- pion Safe did not return phone calls seeking comment Tuesday. The auction of land owned by the Fundamentalist LDS Church's financial arm was meant to generate some badly needed revenue for the United Effort Plan Trust. Lately, the trust has been so cash poor it can't pay its fiduciary or attorneys. "It was less than I wanted," admitted Bruce Wisan, the court-appointed special fiduciary of the UEP Trust. Wisan had to sign off on the winning bid. Initially, he was not going to settle for less than $1.9 million. He reconsidered after noting what he said were some very positive factors. "I like the fact that it's manufacturing. I like the fact that it's somebody from outside coming in, bringing in substantial new jobs," he said. "To me, this is a bigger plus." Read more | ||||||||||||||||||||||||||||||||||||||
| Sold - to the highest bidder | ||||||||||||||||||||||||||||||||||||||
| Trust sells manufacturing plant in Hildale | ||||||||||||||||||||||||||||||||||||||
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By Patrice St. Germain The Spectrum Originally published February 28, 2007 | ||||||||||||||||||||||||||||||||||||||
| HILDALE - Tom Davis, owner of Northwest Land, got a bargain Tuesday when he purchased the former Western Precision Building in Hildale at auction for $1.65 million. Davis was one of five bidders for the 55,000-square-foot manufacturing building. The facility sits on just over three acres of land and was sold per the request of Bruce Wisan, court-appointed special fiduciary of the United Effort Plan trust - the financial arm of the Fundamentalist Church of Jesus Christ of Latter Day Saints. The building was sold to raise money for the trust, which in addition to daily expenses, has an outstanding bill with attorney Jeffrey Shields for $500,000 and owes Wisan another $100,000. Davis purchased the building to lease to Champion Safe Company out of Springville. Davis said the company, which manufactures safes, plans to employ between 75 and 150 people and pay wages ranging from $15 to $18 an hour. There were more spectators than buyers at the auction held at noon in the conference room of the building located off Utah Avenue. Read more | ||||||||||||||||||||||||||||||||||||||
| Jeffs, others told to pay $8.8 million | ||||||||||||||||||||||||||||||||||||||
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By Ben Winslow Deseret Morning News Originally published Friday, March 2, 2007 | ||||||||||||||||||||||||||||||||||||||
| Polygamist leader Warren Jeffs and other top officials in the Fundamentalist LDS Church have been ordered to pay $8.8 million in a lawsuit accusing them of fleecing the church's financial empire. Collecting the money will be the hard part. "Now that we have a judgment, can we collect on that judgment?" Bruce Wisan, the court-appointed special fiduciary of the FLDS Church's United Effort Plan Trust, wondered outside of court. A judge in Salt Lake City's 3rd District Court on Thursday ordered Jeffs and other trustees of the UEP to pay up after they failed to respond to a lawsuit Wisan filed, alleging the original UEP trustees misappropriated property, engaged in misconduct and tried to interfere with his job. In 2005, the courts took control of the UEP Trust amid allegations that Jeffs and others had been fleecing it. Judge Denise Lindberg recently reformed the trust and allowed Wisan to collect damages for attorney's fees, fiduciary fees, loss of property and equipment that disappeared in the polygamous border towns of Hildale, Utah, and Colorado City, Ariz. Shortly after the trust was taken over, buildings and farm equipment began vanishing in the border towns, allegedly under the direction of FLDS leaders. "I observed 50-plus men and a couple dozen young boys working on it," private investigator Sam Brower testified during a hearing Thursday. "They were quickly tearing the building apart." Read more | ||||||||||||||||||||||||||||||||||||||
| Jeffs, UEP told to pay up | ||||||||||||||||||||||||||||||||||||||
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By Ben Winslow Deseret Morning News Originally published Friday, March 9, 2007 | ||||||||||||||||||||||||||||||||||||||
| The first moves are being made to collect on an $8.8 million judgement against jailed polygamist leader Warren Jeffs. A statement was filed in St. George's 5th District Court on Thursday, putting the Fundamentalist LDS Church leader and other former trustees of the United Effort Plan Trust on notice that they owe money to the court-appointed special fiduciary of the church's financial arm. "We're doing it initially in the counties of residence for those people," special fiduciary Bruce Wisan said Thursday, adding that a similar judgment statement was filed across the border in Mohave County, Ariz. The statement names Jeffs and other top leaders, as well as the FLDS Church itself as debtors. On March 1, a judge in Salt Lake City's 3rd District Court awarded special fiduciary Bruce Wisan $8.8 million in a lawsuit he filed against Jeffs and the former trustees, accusing them of fleecing the church's financial empire. It was those allegations that prompted the judge to take control of the $110 million UEP Trust in 2005. Read more | ||||||||||||||||||||||||||||||||||||||
| Hildale is told to pay up | ||||||||||||||||||||||||||||||||||||||
| New round of tax notices served; Jeffs' control may be weakening | ||||||||||||||||||||||||||||||||||||||
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By Ben Winslow Deseret Morning News Originally published Sunday, April 1, 2007 | ||||||||||||||||||||||||||||||||||||||
| HILDALE, Washington County — The notice was taped to the door that leads out of the massive compound and onto a red dirt road. "I am now informed that property taxes owing on the property are again delinquent," wrote Jeffrey L. Shields, an attorney for the court-controlled United Effort Plan Trust. The homes of Fundamentalist LDS Church leader Warren Jeffs are among the latest to be served with a new round of tax notices that say pay up — or get out. "We will pursue eviction if you don't pay," Shields told the Deseret Morning News. In 2005, a judge took control of the FLDS Church's financial empire amid allegations that Jeffs and other top church officials were fleecing it. The UEP Trust controls businesses, homes and properties here in Hildale and in Colorado City, Ariz. Shields said about 120 homes in Hildale are being served with tax notices. The last time tax notices were served, they were all paid. This time, some people have vacated their homes, Shields said. Read more | ||||||||||||||||||||||||||||||||||||||
| Warren Jeffs' Influence May Be Waning | ||||||||||||||||||||||||||||||||||||||
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Rod Decker Reporting KUTV Channel 2 Originally broadcast April 4, 2007 | ||||||||||||||||||||||||||||||||||||||
| KUTV) SALT LAKE CITY Is Warren Jeffs losing control of his followers? He’s been in jail for six months, his health is failing and his position in the church is in question. A fog of secrecy and rumor surrounds this case. For example, Judge James Shumate just issued another secret order. But Warren Jeffs is in bad health, and may be depressed, and may not be running things so tightly among his followers. Bruce Wisan is a court appointed trustee charged with investigating and settling conflicting property claims in Hildale and Colorado City. Wisan says, "This is a major change from Warren’s ‘say nothing, do nothing, sign nothing.’" He needs a reliable survey of town land and property, and for years, officials refused to cooperate. "Mayor Terrell Johnson said in deposition under oath, he wouldn’t even talk to me about the surveys," says Wisan. But now Hildale and Colorado City officials hold joint meetings to help Wisan get a survey. Read more | ||||||||||||||||||||||||||||||||||||||
| Settlement agreement reached in polygamist church trust lawsuits | ||||||||||||||||||||||||||||||||||||||
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By Jennifer Dobner The Associated Press Las Vegas Sun Originally published April 5, 2007 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY (AP) - Six young men who claim they were ousted from a polygamist church have reached a settlement agreement with a state-appointed accountant managing the church's assets, lawyers said Thursday. A seventh man who filed a separate lawsuit accusing church leader Warren Jeffs of abuse is part of the settlement. The agreement resolves the lawsuits filed against the United Effort Plan Trust, which holds $110 million in property belonging to members of the Fundamentalist Church of Jesus Christ of Latter Day Saints. Members live primarily in the twins towns of Hildale, Utah, and Colorado City, Ariz. The agreement gives each man 3 acres in Hildale near the community park at the entrance to Maxwell Canyon, settlement papers show. It also establishes the $250,000 Lost Boys Assistance and Education Fund, which will allow other disenfranchised church members to get help. The fund will be built in increments of $10,000 with expenses approved by the UEP Trust board, trust attorney Jeff Shields said Thursday. "This is for housing, education, clothing and food to help people," Shields said. "Not race cars and diamond rings." Shields said the agreement is a good deal for the trust. "We're not cash rich, so to be able to settle this by giving them deeds to land, that's a big deal for us," he said. Read more | ||||||||||||||||||||||||||||||||||||||
| Some to get FLDS deeds | ||||||||||||||||||||||||||||||||||||||
| Changes are coming to the faith's border towns | ||||||||||||||||||||||||||||||||||||||
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By Ben Winslow Deseret Morning News Originally published Sunday, April 15, 2007 | ||||||||||||||||||||||||||||||||||||||
| It's a game of "musical houses." Or as Bruce Wisan puts it, "backwards checkers." The process has begun for people in the Fundamentalist LDS communities of Hildale, Utah, and Colorado City, Ariz., to begin getting the deeds and titles to their homes on property belonging to the United Effort Plan Trust. At its last meeting, the UEP's board of advisers approved more than 40 petitions for benefits in these enclaves of the FLDS Church. Recording the deeds and handing over titles is still a couple of months away, but it is another sign of progress since the state took control of the UEP Trust, which controls homes, businesses and property in the polygamous border towns. "I feel good about what we're accomplishing," said Wisan, the court-appointed special fiduciary of the UEP Trust. The UEP was originally based on the early Mormon concept of a "united order," where people would put everything into a common pot and the church would distribute it. The UEP Trust controls homes, businesses and property in the FLDS enclaves on the Utah-Arizona border and in British Columbia in Canada. A judge in Salt Lake City's 3rd District Court took control of the UEP Trust in 2005, amid allegations that polygamous sect leader Warren Jeffs and other top FLDS officials had been fleecing it. The trust's assets are estimated at more than $100 million. It was recently reformed, clearing the way for private property ownership. Now the complicated work begins. Read more | ||||||||||||||||||||||||||||||||||||||
| Jeffs' lawyers object to request for documents | ||||||||||||||||||||||||||||||||||||||
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The Associated Press Fox 10 - Phoenix Originally broadcast May 16, 2007 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY -- Attorneys for a jailed polygamous church leader are objecting to subpoenas seeking papers seized from a Cadillac Escalade during his arrest last year. Subpoenas served on Warren Jeffs and his attorneys required a response by Wednesday. "I got a letter that they're objecting," said Jeff Shields, an attorney for a property trust that was managed by Jeffs but now is under court supervision. "We'll be filing a response and this will probably end up in court," he said. Jeffs, 51, is president of the Fundamentalist Church of Jesus Christ of Latter Day Saints. He is in the Washington County jail awaiting trial on felony charges of rape as an accomplice. When Jeffs was arrested near Las Vegas in August, police seized hundreds of documents and letters from the SUV. Shields and accountant Bruce Wisan believe the papers may be relevant to operations of the United Effort Plan Trust. A phone message seeking comment from Jeffs' attorney, Wally Bugden, was not immediately returned Wednesday. Bugden earlier had said he would seek to quash the subpoenas because a federal judge is trying to decide if the papers are protected. Read more | ||||||||||||||||||||||||||||||||||||||
| Judge heads to Dixie for hearing on UEP Trust board | ||||||||||||||||||||||||||||||||||||||
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By Ben Winslow Deseret Morning News Originally published Saturday, August 4, 2007 | ||||||||||||||||||||||||||||||||||||||
| The judge in charge of the multimillion-dollar financial arm of the Fundamentalist LDS Church is hitting the road. Third District Court Judge Denise P. Lindberg will travel to St. George to hold a hearing on Aug. 17 to pick new advisory board members for the United Effort Plan Trust. "It's certainly a helpful thing for her to do because it makes it so much easier for the members of the community to testify there instead of traveling to Salt Lake City," said Bruce Wisan, the court-appointed special fiduciary of the UEP Trust. Lindberg is not expected to make a trip out to the polygamous communities of Hildale, Utah, and Colorado City, Ariz., where the bulk of the UEP's assets are held in land. In previous court hearings, she has expressed interest in seeing the communities for herself. "We wanted her to," Wisan said, adding that the judge would be on a tight time schedule. Read more | ||||||||||||||||||||||||||||||||||||||
| Judge interviews hopefuls for UEP trustee positions | ||||||||||||||||||||||||||||||||||||||
| Applicants warned that trust's current status is 'quagmire' | ||||||||||||||||||||||||||||||||||||||
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By Nancy Perkins Deseret Morning News Originally published August 18, 2007 | ||||||||||||||||||||||||||||||||||||||
| ST. GEORGE — Eight individuals vying for positions on the advisory board of the United Effort Plan Trust were prodded with personal questions during a hearing held in 5th District Court Friday. Third District Judge Denise Lindberg presided over the interviews, which focused on each applicant's background, motivation for the volunteer post and any connections to polygamous communities in Utah, Arizona, Canada or elsewhere. The board advises Bruce Wisan, the court-appointed special fiduciary who has managed the assets of the communal trust on the Utah/Arizona border since 2005. Much of the trust's estimated $100 million in assets is tied to property, homes and buildings in Hildale, Washington County, and Colorado City in Mohave County, Ariz. Most residents of the twin cities belong to the Fundamentalist FLDS Church, which is under the control of jailed polygamous leader Warren Jeffs. Many of those who no longer belong to the FLDS faith were either kicked out of the church or left of their own accord in recent years. Intertwined family trees that stem from plural family backgrounds are common denominators for many residents, even if they don't belong to the same religion anymore, said several of the applicants. Read more | ||||||||||||||||||||||||||||||||||||||
| New Lawsuit Filed Against Warren Jeffs | ||||||||||||||||||||||||||||||||||||||
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KUTV 2News Originally published August 21, 2007 | ||||||||||||||||||||||||||||||||||||||
| A court-appointed accountant in charge of the financial trust of a southern-Utah polygamist sect has filed a lawsuit accusing the church’s leader of fleecing trust assets. Bruce Wisan filed the lawsuit Friday in Salt Lake City’s 3rd District Court. Warren Jeffs, the fugitive leader of the Fundamentalist Church of Jesus Christ of Latter-day Saints, and former trustees Truman Barlow, Leroy Jeffs, James Zitting, William Jessop, the Corporation of the President and the Corporation of the Presiding Bishop of the Fundamentalist LDS Church are named as defendants. "We feel that they’ve taken things from the trust. Their actions have caused harm to the trust," Wisan said. "We want to pursue remedies for the actions that they’ve taken." The United Effort Plan was established by church leaders in the 1940s, with members donating assets for the benefit of the community. The trust holds an estimated $100 million in assets, most of it property, homes and other buildings in Colorado City, Ariz., and Hildale, Utah, where most FLDS church members make their homes. The trust also has property in Bountiful, British Columbia, where the FLDS also has an enclave. Jeffs and his followers also hold property in Mancos, Colo., Pringle, S.D. and Eldorado, Texas - where the church has constructed a temple - although it remains unclear if trust funds were used to purchase or improve them. It is possible, however, that some trust assets which have disappeared from Colorado City and Hildale in recent months may have been relocated to those properties. Read more | ||||||||||||||||||||||||||||||||||||||
| UEP towns near OK on subdividing land | ||||||||||||||||||||||||||||||||||||||
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By Ben Winslow Deseret Morning News Originally published September 12, 2007 | ||||||||||||||||||||||||||||||||||||||
| The utopian ideals of the Fundamentalist LDS Church's United Effort Plan Trust appear to be coming to an end. The Colorado City, Ariz., Town Council has indicated it is willing to sign off on a subdivision plat, creating the potential for private property ownership in polygamist enclaves that once operated under the early Mormon concept of a "united order." "It's a big thing," said Bruce Wisan, the court-appointed special fiduciary over the UEP Trust. The Town Council said it must get approval from 22 different agencies but could approve the first of 17 plats within a month. Across the border in Hildale, Utah, as many as eight agencies must sign off on 19 subdivision plats. Until recently, the UEP Trust was the financial arm of the FLDS Church. It controls homes, businesses and property in Hildale, Colorado City and in the Canadian community of Bountiful, in British Columbia. It's based on the concept of a "united order," created in 1831 by Joseph Smith, the founder of The Church of Jesus Christ of Latter-day Saints. The FLDS Church is a breakaway sect. Under a united order, people deeded everything to the church. Members, in turn, would receive a "stewardship." Brigham Young created cooperatives of goods and services in early Mormon communities. In 2005, a judge in Salt Lake City's 3rd District Court took control of the UEP Trust, after allegations surfaced that FLDS leader Warren Jeffs and other top church leaders had been fleecing it. The trust's assets are estimated at more than $110 million. Read more | ||||||||||||||||||||||||||||||||||||||
| 'Jane Doe' seeking settlement | ||||||||||||||||||||||||||||||||||||||
| Woman at center of case wants $1 million from UEP Trust | ||||||||||||||||||||||||||||||||||||||
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By Ben Winslow Deseret Morning News Originally published September 19, 2007 | ||||||||||||||||||||||||||||||||||||||
| The woman at the center of the criminal case against Fundamentalist LDS Church leader Warren Jeffs has proposed a $1 million settlement with the financial arm of the church. Details of the proposed settlement with the United Effort Plan Trust were revealed in St. George's 5th District Court, where Jeffs is on trial for rape as an accomplice. Defense attorneys have pointed out to the jury that "Jane Doe IV," as she is known in court documents, filed a lawsuit against Jeffs before going to authorities to report the alleged rape. "She stands by it," the woman's attorney, Roger Hoole, told the Deseret Morning News on Tuesday. The woman, now 21, is suing Jeffs, the FLDS Church and the UEP Trust for millions over her marriage at age 14 to her 19-year-old cousin. She is the prosecution's star witness in the case against Jeffs. In her lawsuit, the woman is known by the initials "M.J." The lawsuit was filed in Cedar City in 2005. Jeffs was served with the lawsuit in February at the Purgatory Jail, where he remains in custody. He has not filed any response. So far, the only people to fight the lawsuit have been lawyers for the UEP Trust, which came under court control in 2005 amid allegations that Jeffs and other top FLDS leaders had been fleecing it. The UEP Trust controls homes, businesses and property in the polygamist border towns of Hildale, Utah, and Colorado City, Ariz. Its assets are estimated at more than $100 million. Read more | ||||||||||||||||||||||||||||||||||||||
| Reforms underway in FLDS towns | ||||||||||||||||||||||||||||||||||||||
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By Ben Winslow Deseret Morning News Originally published September 27, 2007 | ||||||||||||||||||||||||||||||||||||||
| HILDALE — For the faithful followers of Fundamentalist LDS Church leader Warren Jeffs, this may be just another trial of their faith. Life appears to be going on here, regardless of Jeffs' conviction on two counts of rape as an accomplice. As one drives through this polygamous border town, there is still signs of resistance to the changes being forced on them. Huge fences are still being erected, trying to keep out prying eyes. Women in the prairie dresses so common to this area scurry away from anyone who asks them questions. Yet the communities of Hildale, Utah, and Colorado City, Ariz., are about to undergo more changes. Plans are underway to subdivide this community and create the first-ever private property ownership, doing away with the early-Mormon "united order" that has long dominated the twin cities. In 2005, the courts took control of the $110 million United Effort Plan Trust, which controls homes, businesses and property here. The Utah Attorney General's Office alleged that Jeffs and other top FLDS leaders had been fleecing its assets. The UEP Trust recently underwent a reform, and is now slowly doing away with the "united order" concept in favor of private property. The town councils for both communities are considering the first-ever subdivisions. In a new report the size of a Salt Lake City-area phone book, the court-appointed special fiduciary of the UEP Trust detailed other changes underway here and across the border in Colorado City, as well as in the FLDS' Canadian enclave of Bountiful, British Columbia. The latest financial report shows the UEP Trust has about $97,034 in its accounts. The bulk of the UEP's assets are in real estate. "The fiduciary is investigating the possibility of selling certain trust property in order to secure additional funds which will be needed for the continuing administration of the trust," Bruce Wisan wrote in his report to the judge. Read more | ||||||||||||||||||||||||||||||||||||||
| Trust lawyers seeking Jeffs' jailhouse tapes | ||||||||||||||||||||||||||||||||||||||
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By Ben Winslow Deseret Morning News Originally published October 11, 2007 | ||||||||||||||||||||||||||||||||||||||
| Lawyers for the financial arm of the Fundamentalist LDS Church want to get their hands on tapes of jailhouse conversations polygamist sect leader Warren Jeffs has had with his followers. Attorneys for the court-appointed special fiduciary of the United Effort Plan Trust subpoenaed Washington County Sheriff Kirk Smith and county attorney Brock Belnap, demanding "any and all communications (including oral and written statements) made by Warren Jeffs to any person while he has been incarcerated at the Purgatory Correctional Facility in Washington County, Utah. This includes communications made by telephone and in person to jailhouse visitors." The subpoenas do not request conversations Jeffs had with his criminal defense team, which is protected by a legal right to attorney-client privilege. The papers were filed in an effort to glean information about how the UEP Trust was being managed, said lawyer Jeffrey L. Shields. "We're not getting anything from Warren, so we might as well find out what he's saying to members of the community," Shields told the Deseret Morning News. Read more | ||||||||||||||||||||||||||||||||||||||
| 'Lost Boys' polygamy trust used for tuition, necessities | ||||||||||||||||||||||||||||||||||||||
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The Associated Press The Arizona Republic Originally broadcast October 15, 2007 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY (AP) - An emergency fund for youth cast out of a polygamous sect based on the Utah-Arizona border has helped about a dozen young men and women so far. The Lost Boys Fund was set up two months ago, as part of a lawsuit settlement agreement. Seven young men sued the United Effort Plan trust to establish the $250,000 fund. The trust was the financial arm of the Fundamentalist Church of Jesus Christ of Latter Day Saints. It was taken over by the Utah courts in 2005 after allegations of mismanagment. To date the fund has paid out $6,600 for school tuition, books, a desk, appliances, car insurance and utility bills. It's unclear how many young men -- the so-called Lost Boys -- have left or been forced out of the FLDS church since Warren Jeffs became its leader in 2002. | ||||||||||||||||||||||||||||||||||||||
| Ex-FLDS member harassed? | ||||||||||||||||||||||||||||||||||||||
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By Ben Winslow Deseret Morning News Originally published October 15, 2007 | ||||||||||||||||||||||||||||||||||||||
| The sound of gunfire startled Isaac Wyler. Three blasts, and he turned and saw a truck speeding away. Wyler, an ex-member of the Fundamentalist LDS Church, reported it to police in the polygamous border town of Colorado City, Ariz., as a possible shooting. Now, Wyler and police say that is not the case. But Wyler said it is yet another example of the harassment he faces for speaking out against the FLDS Church. Wyler told the Deseret Morning News that Colorado City town marshals tracked down the owner of the truck, who admitted that he was near Wyler's home when the vehicle backfired three times. He even demonstrated it for Wyler and the police. "It was so loud it made our ears ring," Wyler said Thursday. "He only had to do it twice, that was the sound I heard and it sounds like a shotgun." Wyler said the authorities gave the truck driver a warning and are considering dropping the case, but he considers it more harassment. Wyler was kicked out of the FLDS Church by sect leader Warren Jeffs, who was recently convicted of rape as an accomplice, accused of performing a child bride marriage between a 14-year-old girl and her 19-year-old cousin. "It's because I didn't leave here like I was told to," Wyler said. Read more | ||||||||||||||||||||||||||||||||||||||
| UEP subdivision meeting is Friday | ||||||||||||||||||||||||||||||||||||||
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By Ben Winslow Deseret Morning News Originally published October 18, 2007 | ||||||||||||||||||||||||||||||||||||||
| Plans to subdivide property in the polygamous border towns of Hildale, Utah, and Colorado City, Ariz. — and how to pay for it — will be brought to the people who live there in a town meeting scheduled Friday. The court-appointed special fiduciary of the United Effort Plan Trust, the former real estate arm of the Fundamentalist LDS Church, has planned a meeting at 6 p.m. at Hildale's city hall. "I don't think this is going to be a happy, friendly meeting," fiduciary Bruce Wisan told the Deseret Morning News today. "They're going to be unhappy that this is not proceeding more quickly, and that they personally are going to have to make some payments, and the FLDS are going to have to make some payments." Since the UEP Trust was reformed by a judge in Salt Lake City's 3rd District Court, plans have been under way to subdivide the communal property. The UEP Trust was founded on the early-Mormon concept of a "united order," where community members gave to the church, which doled things out to members according to just wants and needs. (The FLDS Church is a breakaway sect from The Church of Jesus Christ of Latter-day Saints.) In 2005, the courts took control of the UEP Trust after allegations surfaced that FLDS leader Warren Jeffs and other church leaders had mismanaged it. The UEP has an estimated $100 million in assets, mostly in real estate within the border towns. Both the Hildale and Colorado City councils have given the fiduciary a list of requirements in order to subdivide, and there are infrastructure upgrades in the communities that could be costly. "The trust is looking at some different ways to shortcut this and circumvent this," Wisan said, adding he will be seeking input from people living in the communities. Read more | ||||||||||||||||||||||||||||||||||||||
| Trust lawyers ask judge for Jeffs' jailhouse conversations | ||||||||||||||||||||||||||||||||||||||
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By Ben Winslow Deseret Morning News Originally published October 20, 2007 | ||||||||||||||||||||||||||||||||||||||
| HILDALE — Lawyers for the United Effort Plan Trust have asked a judge to force the Washington County sheriff and the county attorney to hand over tapes and transcripts of jailhouse conversations Fundamentalist LDS Church leader Warren Jeffs has had with his followers. An Oct. 17 deadline to reply to subpoenas went unanswered, so an attorney for the court-appointed special fiduciary of the UEP Trust filed a motion in Salt Lake City's 3rd District Court asking a judge to make them comply. "They didn't give us the documents, so the next step in enforcing the subpoenas is to move to compel," attorney Jeffrey L. Shields said Friday night. The fiduciary's attorneys have demanded "any and all communications (including oral and written statements) made by Warren Jeffs to any person while he has been incarcerated at the Purgatory Correctional Facility in Washington County, Utah. This includes communications made by telephone and in person to jailhouse visitors." The subpoenas do not request conversations Jeffs had with his criminal defense team, which are protected by a legal right to attorney-client privilege. They were served in an effort to glean information about how the UEP Trust was being managed, Shields said. Read more | ||||||||||||||||||||||||||||||||||||||
| Religious divide stalls UEP reforms | ||||||||||||||||||||||||||||||||||||||
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By Ben Winslow Deseret Morning News Originally published October 20, 2007 | ||||||||||||||||||||||||||||||||||||||
| HILDALE — The religious divide in this town on the Utah-Arizona border is starting to look like a canyon. Plans to reform the United Effort Plan Trust, which controls most of the property here and across the border in Colorado City, Ariz., have faced a series of delays. Now, plans to subdivide the communal property are stalling. Bruce Wisan, the court-appointed special fiduciary in charge of the UEP Trust, wondered if it is more resistance from the Fundamentalist LDS Church faithful. "We would love to see some political pressure put on the city councils," he said at a Friday-night town meeting held to discuss subdividing UEP Trust property. "If they're getting instruction from religious leadership that says, 'Don't help, don't do anything positive,' they're probably not going to do anything." "Since we're non-FLDS, they won't listen to us," one woman replied. Only a few dozen people showed up at the town meeting to discuss changes to the United Effort Plan Trust, which was until recently the communal property arm of the FLDS Church. Wisan told the crowd he was a little disappointed in the turnout since dividing the trust property will affect nearly everyone in these communities. Standing at a podium in the tiny Hildale City Hall, Wisan quickly outlined the status of subdividing the community. The Hildale and Colorado City councils have outlined a list of their requirements. At the rate they're moving, it could be years before everything is finally approved. "Colorado City is having 26 different agencies review each plat," he said. "Hildale has eight reviewing it." Read more | ||||||||||||||||||||||||||||||||||||||
| A First for Polygamous Trust | ||||||||||||||||||||||||||||||||||||||
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The Associated Press KTAR News 92.3 - Phoenix Originally broadcast October 22, 2007 | ||||||||||||||||||||||||||||||||||||||
| The sale of a house in Hildale, Utah, marks a notable turn of events -- it's the first privatized property from a communal trust established to protect the interests of a polygamous sect. The United Effort Plan Trust sold the six-bedroom, four-bath home for $115,000 in September to Crystal and Roger Wyler. Wyler is a former member of the Fundamentalist Church of Jesus Christ of Latter Day Saints. "In real America, homes are sold," said Bruce R. Wisan, a court-appointed accountant who oversees the trust. That's never been true in Hildale or its sister community, Colorado City, Ariz., where most members of the church have made their home since the early 20th century. Formed in the 1940s, the trust was the charitable arm of the church and members donated property, money and labor to ensure the well-being of all. Residents lived as tenants at will and were subject to the whims of church leaders who controlled trust holdings. In 2005, a Utah judge seized the trust after allegations of mismanagement. Since then, Wisan has been moving toward privatization. Town surveys were done to subdivide the cities, and trust lawyers are working with those beneficiaries - most are former church members - who want to secure property deeds, transfer property out of the trust or set up alternate property trusts. About 42 homes are ready for title transfers, Wisan said. Read more | ||||||||||||||||||||||||||||||||||||||
| Suit against FLDS Trust going forward | ||||||||||||||||||||||||||||||||||||||
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By Ben Winslow Deseret Morning News Originally published October 27, 2007 | ||||||||||||||||||||||||||||||||||||||
| Talks to settle a lawsuit between Fundamentalist LDS Church leader Warren Jeffs' rape accuser and the polygamous church's multimillion-dollar trust have broken down. It appears Elissa Wall's lawsuit against the United Effort Plan Trust will now be headed for court. Lawyers for the court-controlled UEP Trust are seeking to have it dismissed entirely. "With the commencement of litigation in the present lawsuit, the Trust intends to file a dispositive Motion for Summary Judgment which, if granted, would result in the dismissal of all of Plaintiff's claims against the Trust," Jeffrey L. Shields, a lawyer for the court-appointed special fiduciary of the UEP Trust, wrote in court documents. Wall was the star witness in the criminal case against FLDS leader Warren Jeffs, who was convicted of first-degree felony rape as an accomplice. He performed a marriage between Wall, then 14, and her 19-year-old cousin, Allan Steed. Jeffs faces up to life in prison when sentenced on Nov. 20. Steed recently has been charged with first-degree felony rape. Wall filed a multimillion-dollar personal injury lawsuit against Jeffs and added the UEP Trust to the list of defendants. Jeffs was the president of the UEP Trust's board until a judge in Salt Lake City's 3rd District Court took control of it in 2005 amid allegations that Jeffs and other top FLDS leaders had mismanaged it. Read more | ||||||||||||||||||||||||||||||||||||||
| Former child bride seeks to expand lawsuit against Jeffs, FLDS trust | ||||||||||||||||||||||||||||||||||||||
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By Ben Winslow Deseret Morning News Originally published Tuesday, December 4, 2007 | ||||||||||||||||||||||||||||||||||||||
| A former child bride suing Fundamentalist LDS Church leader Warren Jeffs wants to expand her lawsuit to include claims of negligence on behalf of the polygamous sect's real-estate holdings arm. Lawyers for Elissa Wall, aka "M.J.," are asking a judge to allow them to amend their lawsuit filed against Jeffs, the FLDS Church and the United Effort Plan Trust. The lawsuit was recently moved from Cedar City, where it was originally filed, to Salt Lake City's 3rd District Court, where a judge now oversees the multi-million dollar UEP Trust. Attached to their motion is a version of the second amended complaint, detailing Jeffs' recent criminal conviction. "Elissa Wall was required to submit to Warren S. Jeffs' inseparable authority and apparent authority as a Trustee of the UEP Trust and later, as President of both the UEP Trust and the FLDS Church, and did so out of fear of retribution," her attorneys, Roger Hoole and Greg Hoole wrote. Read more | ||||||||||||||||||||||||||||||||||||||
| Warren Jeffs Still In Control Of FLDS Faithful | ||||||||||||||||||||||||||||||||||||||
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Reported by Rod Decker KUTV 2 News Originally broadcast December 6, 2007 | ||||||||||||||||||||||||||||||||||||||
| Warren Jeffs has resigned as head of the FLDS Church business arm. Even though he is in prison, his FLDS followers are still doing what he says. They won't take their homes back from the state-appointed trustee because Jeffs has told them not to. And the legal arguments haven't stopped, either. 2News Rod Decker has more. FLDS people didn't own their own homes or farms or businesses. They donated them all to their church and got back the use of them while they were faithful. State lawyers seized all the property and put it into a trust. Now Warren Jeffs has resigned as formal head of that trust, but evidently, his people are still following him. FLDS people donate everything they have to the United Effort Plan. State lawyers said Warren Jeffs was stealing from the plan. Though no proof of theft was brought, the courts seized all the property and put it in a trust. Warren Jeffs is now in prison for rape as an accomplice. He can't steal now. So trustee Bruce Wisan wants to give the property back, but to each individual FLDS member, not to the United Effort Plan. That's not working. "They don't want them. They say we don't want to take that which is consecrated to God. Our prophet tells us not to," said Wisan. Read more | ||||||||||||||||||||||||||||||||||||||
| Pay $100 fee or face eviction, residents of FLDS towns told | ||||||||||||||||||||||||||||||||||||||
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By Ben Winslow Deseret Morning News originally published Friday, December 14, 2007 | ||||||||||||||||||||||||||||||||||||||
| It's definitely not a Christmas card from the United Effort Plan Trust. "Accordingly, each house and business located on Trust property will now be assessed a regular monthly payment of $100 to offset some of the considerable expenses of the Trust," said the notice sent to residents in the border towns of Hildale, Utah, and Colorado City, Ariz., an enclave of the Fundamentalist LDS Church. The notice threatens eviction to people who live on UEP land if they don't sign an occupancy agreement and start paying the assessment beginning January 2008. The UEP is the real-estate holdings arm of the FLDS Church, which controls homes, businesses and property in the communities. It was taken over by the courts in 2005 amid allegations that polygamous sect leader Warren Jeffs and other top FLDS officials had been fleecing it. Since then, court-appointed special fiduciary Bruce Wisan has been trying to subdivide the communal property. The notice blames Hildale and Colorado City for delays in subdividing the land in the towns, which are home to members of the Fundamentalist LDS Church. The cities have demanded that the UEP Trust make significant infrastructure improvements before subdivisions are approved, and required numerous government departments to sign off on the subdivision plats. Read more | ||||||||||||||||||||||||||||||||||||||
| Judge adds advisers to oversee FLDS lands | ||||||||||||||||||||||||||||||||||||||
| Jeff's followers keep distance from board and don't volunteer | ||||||||||||||||||||||||||||||||||||||
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By Ben Winslow Deseret Morning News Originally published Monday, December 24, 2007 | ||||||||||||||||||||||||||||||||||||||
| The judge overseeing the real estate holdings of the Fundamentalist LDS Church is expanding the number of community members involved in making land decisions in the polygamist border towns of Hildale, Utah, and Colorado City, Ariz. A judge in Salt Lake City's 3rd District Court has signed off on a plan to expand the advisory board for the United Effort Plan Trust. "After careful consideration, the court hereby appoints Deloy Bateman, Kathryn Cox and Seth Cooke as new members of the advisory board," Judge Denise Lindberg wrote in an order issued Thursday. The advisory board was set up in the aftermath of a court takeover of the UEP Trust, which controls homes, businesses and property in the FLDS communities. In 2005, the court took control of the trust amid allegations that polygamist sect leader Warren Jeffs and other top FLDS officials had been mismanaging it. The judge suspended the trustees and appointed a special fiduciary. "The court determined that, prior to selecting a permanent board of trustees, an advisory board should be selected to provide feedback to the special fiduciary and make recommendations regarding initial implementation of the reformed trust," Lindberg wrote. The board was initially made up of Don Timpson, Carolyn Jessop, Margaret Cooke, Bob Huddleston, John Nielsen and Spencer Johnson. Recently, Johnson and Nielsen resigned, and community nominations were taken for their replacements. No FLDS members have participated, said court-appointed special fiduciary Bruce Wisan. Read more | ||||||||||||||||||||||||||||||||||||||
| Sect members are offered their own homes | ||||||||||||||||||||||||||||||||||||||
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By Jennifer Dobner The Associated Press The Charlotte Observer - Charlotte, North Carolina Originally published Wednesday, January 9, 2008 | ||||||||||||||||||||||||||||||||||||||
| HILDALE, Utah --Roger Wyler has something almost no one else here does - a deed to his home. For more than 60 years, all the land and all the homes in the dusty, side-by-side towns of Hildale, Utah, and Colorado City, Ariz., belonged not to the residents, but to a trust set up by their church, a renegade Mormon splinter group that practices polygamy. Now the trust arrangement is being dismantled under court order, and past and present members of the church are being offered the opportunity to secure title to a house and become real homeowners. "It's good to be home," said Roger Wyler, 32, a disaffected former church member who recently came back to town to buy a house. "My whole life growing up, you weren't really allowed to own property. If you owned it, it was a disobedient act." The beginning of the end of the trust came after Warren Jeffs, the leader and self-proclaimed prophet of the Fundamentalist Church of Jesus Christ of Latter Day Saints, went underground, first to escape lawsuits, then to avoid arrest on charges of forcing underage girls into marriages with men. State attorneys argued that Jeffs and other leaders were selling off undeveloped land in the trust - essentially, stealing from the faithful - to support Jeffs while he was on the run. A Utah judge responded in 2005 by appointing an accountant, Bruce Wisan, to oversee the dissolution of the trust and turn Jeffs' theocracy into a secular community. "Things are changing big-time," said Isaac Wyler, who is one of Roger Wyler's 39 siblings and works for Wisan. Read more | ||||||||||||||||||||||||||||||||||||||
| Wisan: Trust management is an opportunity to make a difference | ||||||||||||||||||||||||||||||||||||||
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By Jennifer Dobner The Associated Press San Diego Union-Tribune Originally published January 9, 2008 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY – Call it Bruce Wisan's black hole. The $114 million United Effort Plan property trust landed in his lap for management in 2005 with no books, no bank account, no cash and no cooperation from most of those deemed its beneficiaries. To the residents of the trust lands – essentially the whole towns of Hildale, Utah, Colorado City, Ariz., and an enclave near Bountiful, British Columbia – Wisan was an unwelcome intruder leading a hostile takeover. "What really attracted me to the situation is that it's so unique, such a once in a lifetime opportunity," said Wisan, who has also managed an appliance store in receivership and a restaurant/bar. "It sounded like it was something where I could make a difference. How many times in your life can you make a difference to a lot of people?" The trust is the charitable arm of the Fundamentalist Church of Jesus Christ of Latter-day Saints, an insular sect whose members engage in the illegal practice polygamy in arranged marriages and limit interaction with mainstream society. In the 1940s the trust established the religion as a communal society that would benefit all who contributed to its assets. But by 2005, a court ruled that church leaders, including church prophet Warren Jeffs, had mismanaged its assets and should be removed. Assistant Utah Attorney General Tim Bodily hand-picked Wisan for the job. "We needed somebody that was willing to step in there in really a hostile environment," said Bodily, who had previously worked with Wisan. "We knew we really weren't going to get any cooperation." In fact, from the start the FLDS have engaged in "active dis-cooperation," Wisan said. Read more | ||||||||||||||||||||||||||||||||||||||
| FLDS towns' residents face $100-a-month fee | ||||||||||||||||||||||||||||||||||||||
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By Ben Winslow Deseret Morning News Originally published Tuesday, January 15, 2008 | ||||||||||||||||||||||||||||||||||||||
| Another round of letters is being sent today to residents in the polygamist border towns of Hildale, Utah and Colorado City, Ariz. Beginning this month, the court-controlled United Effort Plan Trust is assessing a $100-a-month fee for infrastructure improvements that have to be made to the communities. "Each monthly assessment is due on or before the last day of the month," court-appointed special fiduciary Bruce Wisan wrote in a letter being sent to every resident. Failure to pay will result in late charges. It could also result in people being evicted from the communal property. Wisan told the Deseret Morning News that he expects some initial resistance, just like he did when trying to collect property taxes. "I'll have to get my stick out and I'll have to show that I'm serious," he said Monday. Read more | ||||||||||||||||||||||||||||||||||||||
| Lawsuits, taxes, bills dominate UEP report | ||||||||||||||||||||||||||||||||||||||
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By Ben Winslow Deseret Morning News Originally published Wednesday, January 30, 2008 | ||||||||||||||||||||||||||||||||||||||
| Lawsuits, taxes, big bills — but some progress is being made in the Fundamentalist LDS communities of Hildale, Utah, and Colorado City, Ariz. A new report filed in Salt Lake City's 3rd District Court details the efforts of the court-appointed special fiduciary to reform the United Effort Plan Trust, the FLDS Church's $110 million real estate holdings arm. The Jan. 23 report is an update to the judge who is in charge of the UEP Trust. In 2005, the courts took control of the UEP Trust amid allegations that polygamous sect leader Warren Jeffs and other top FLDS officials had mismanaged it. The court-ordered reforms are changing the landscape of the border towns, but it is not coming easily. In his report, fiduciary Bruce Wisan detailed the numerous lawsuits the UEP Trust is involved in, the painful efforts to collect taxes and pay bills. "Due to the difficulties of selling Trust property, the Trust is now experiencing a serious cash crunch," Wisan wrote. "As a result, the Trust has been unable to pay outstanding professional fees owing to the Fiduciary's accounting firm and the Fiduciary's Utah law firm." Lawsuits dominate the 300-plus page report. The UEP Trust is being sued by Elissa Wall, the child bride who was the star witness in the criminal case against Warren Jeffs. There is also litigation over property in an FLDS enclave in Canada, against Hildale and Colorado City over subdividing property, and a lawsuit over a modular home. Read more | ||||||||||||||||||||||||||||||||||||||
| Many FLDS might vacate twin towns | ||||||||||||||||||||||||||||||||||||||
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By Ben Winslow Deseret Morning News Originally published Thursday, February 28, 2008 | ||||||||||||||||||||||||||||||||||||||
| Fundamentalist LDS faithful may vacate the towns of Hildale, Utah, and Colorado City, Ariz., rather than accept court-ordered reforms to the polygamous sect's real-estate holdings arm, the United Effort Plan Trust. "The leadership is drawing a line in the sand and there may be some vacancies," Bruce Wisan told the Deseret Morning News on Wednesday. The court-appointed special fiduciary of the UEP Trust said he has been told by various sources that FLDS members are building more facilities outside the community. The action comes as he is imposing more measures to stabilize the UEP's cash-flow situation and housing in the border towns. Wisan is planning to impose a $100-a-month assessment on residents for infrastructure improvements tied to subdividing the communal property, which, he said, could cause conflict. "A lot of money has been bled out of the community," he said during a hearing in Salt Lake City's 3rd District Court. "The FLDS have to pay 10 percent tithing, then they're assessed $1,000 a month going to leadership. My $100 may not sound like much, but it's a lot." Wisan plans to take it further and force housing occupancy agreements on the communities, starting with FLDS leaders. "I can't back down or I lose my credibility, so I'm pushing on those," Wisan said afterward. Read more | ||||||||||||||||||||||||||||||||||||||
| Men suing trust, FLDS are booted from farm | ||||||||||||||||||||||||||||||||||||||
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By Ben Winslow Deseret Morning News Originally published Friday, April 4, 2008 | ||||||||||||||||||||||||||||||||||||||
| Two brothers who filed a lawsuit against the United Effort Plan Trust and against Fundamentalist LDS Church leaders are being asked to move out of the Iron County dairy farm they live on. "We are being evicted from our homes and that's the same thing that Warren Jeffs did," Sterling Harker told the Deseret Morning News on Thursday. The special fiduciary of the court-controlled UEP Trust confirmed Thursday he asked Sterling J. Harker and his brother, William S. Harker, to leave the property in the wake of their multimillion dollar lawsuit. "They sued the trust, and so I fired Sterling as an employee and asked them to leave the farm," Bruce Wisan said, adding that communications between the two sides have not progressed. The lawsuit filed in Cedar City's 5th District Court contends that shares of the dairy farm were improperly handed over to the FLDS Church in 1997 at the request of Warren Jeffs, whom the lawsuit claims was acting for his father, then-leader Rulon Jeffs. When Sterling Harker expressed reservations, the lawsuit claims he was told: "It is what the prophet wants. You must support the prophet." The lawsuit states that over time, both William and Sterling Harker were removed from the farm's corporate filings. Years later, a portion of the farm was sold, and Sterling Harker was told to move out. He filed a lien against the transaction. Read more | ||||||||||||||||||||||||||||||||||||||
| FLDS towns to get occupancy deals | ||||||||||||||||||||||||||||||||||||||
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By Ben Winslow Deseret Morning News Originally published Friday, April 4, 2008 | ||||||||||||||||||||||||||||||||||||||
| Occupancy agreements to live on land in the polygamous border towns of Hildale, Utah, and Colorado City, Ariz., are being distributed to every home — with the hope that people will sign them. If not, they face the possibility of eviction. "Some of those people will be receiving letters as well, saying they have 15 days in which to sign those occupancy agreements," said Bruce Wisan, the court-appointed special fiduciary of the United Effort Plan Trust. "We'll ask them to leave if they're not willing to sign those occupancy agreements." Wisan said he has to force the issue to know who's living where, to get taxes paid and collect assessments. The fiduciary is trying to implement court-ordered reforms including subdividing the communal UEP Trust, eventually paving the way for private property ownership. In 2005, a judge in Salt Lake City's 3rd District Court took control of the trust, which controls homes and property, over claims that FLDS leader Warren Jeffs and other trustees of the UEP had mismanaged it. Since being appointed by the judge to manage the UEP Trust, Wisan has had to battle people in the community to collect property taxes or subdivide the property. Lately, his attempts to collect a $100-a-month fee for infrastructure improvements in the towns has yielded only 35 payments. Another letter has gone out warning that failure to pay could result in evictions. The perception among some is that Wisan is being heavy-handed. Read more | ||||||||||||||||||||||||||||||||||||||
| FLDS staying put in border towns | ||||||||||||||||||||||||||||||||||||||
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By Ben Winslow Deseret News Originally published Tuesday, April 15, 2008 | ||||||||||||||||||||||||||||||||||||||
| In what appears to be fallout from the raid on the Fundamentalist LDS Church's Texas compound, residents in the polygamous border towns of Hildale, Utah, and Colorado City, Ariz., are now signing deals to stay in their homes. FLDS faithful seemed to be headed for a showdown with the special fiduciary of the court-controlled United Effort Plan Trust, the polygamous sect's property holdings arm. Bruce Wisan had threatened residents with eviction if they didn't sign an occupancy agreement and pay a $100-a-month assessment for infrastructure improvements to the towns. "I received word that there are going to be some changes and that I'd be receiving lots of occupancy agreements and checks," Wisan said Monday. Over the weekend, he received 54 occupancy agreements and checks. More are coming in. "What's going on in Texas I'm sure had an impact," Wisan told the Deseret News. Until now, FLDS leadership appeared to have drawn a line in the sand. In a February court hearing, Wisan said it was possible that the faithful would leave Hildale and Colorado City rather than comply with his demands for occupancy agreements and assessments. Wisan has threatened to have anyone who refused evicted. He told the Deseret News at the time he couldn't back down or he'd lose credibility. Isaac Wyler, an ex-FLDS member who works for the UEP Trust, served notices last week on three homes — one at FLDS leader Warren Jeffs' compound in Hildale, one at the home of another FLDS leader and another at a prominent resident's home. The notices said they had until April 25 to sign the deals, cut the checks or face eviction. Then, the occupancy agreements started being signed by FLDS members. Read more | ||||||||||||||||||||||||||||||||||||||
| Subpoenas to see whether sect's $100M trust was drained to fund YFZ Ranch, improvements | ||||||||||||||||||||||||||||||||||||||
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By TRISH CHOATE San Angelo Standard-Times Originally published Wednesday, April 23, 2008 | ||||||||||||||||||||||||||||||||||||||
| While many have wondered how a Mormon splinter sect financed its multimillion-dollar development near Eldorado, one man thinks he knows the answer. Bruce Wisan, an officer for the sect's $100 million real estate trust, said he believes sect spiritual leader Warren Jeffs drained the trust to pay for the YFZ Ranch and improvements there now valued at $21 million altogether. "Warren was converting trust assets into cash at fire-sale prices to get the cash to build up the community in Eldorado," Wisan said. Rod Parker, an attorney who has acted as a spokesman for the sect, could not be reached Tuesday for comment. Wisan, special trustee for the United Effort Plan Trust, has subpoenaed documents and other items seized this month in the YFZ Ranch raid. He said he hopes Fundamentalist Church of Jesus Christ of Latter Day Saints' records from the polygamist compound in Schleicher County will reveal assets to help satisfy an $8.8 million judgment for damages rendered about a year ago. The judgment essentially ruled that the trust is entitled to recover expenses such as attorneys' fees from sect leaders associated with the trust, in Wisan's efforts to reform the trust. The sect members live in a communal property situation, and the UEP Trust is the holding company that owns the property. "The people contributed real estate to the trust and then built houses and buildings on trust property," Wisan said. The UEP Trust came under Wisan's control after litigation accusing Warren Jeffs and other church leaders of mismanaging the UEP Trust, possibly jeopardizing thousands of homes and businesses, and the land they're on. Authorities seized the items Wisan is interested in during a dayslong raid early this month at the compound. Read more | ||||||||||||||||||||||||||||||||||||||
| Satan's Accountant | ||||||||||||||||||||||||||||||||||||||
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By Claire Hoffman Condé Nast Portfolio June 2008 Issue | ||||||||||||||||||||||||||||||||||||||
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On the outskirts of Las Vegas, Warren Jeffs, the prophet and leader of the Fundamentalist Church of Jesus Christ of Latter-Day Saints, the polygamist sect of Mormonism known as the F.L.D.S., barreled down Interstate 15 in a red Cadillac Escalade. Driving him was Isaac Jeffs, one of his dozen or so brothers. Naomi Jeffs — a beautiful 32-year-old blond with hair to her knees who was both Warren’s former stepmother and the wife he reportedly called 91 — rode in back. They carried $57,000 in cash in the lining of a suitcase, 16 cell phones, 12 pairs of sunglasses, four laptops, three wigs, a fistful of keys to other luxury vehicles, and a cache of handwritten letters addressed to "the Prophet."
When a Nevada state trooper pulled the S.U.V. over for an obscured license plate, he didn’t know that the hollow-cheeked 50-year-old passenger offering only a contact-lens prescription as identification was on the F.B.I.’s list of most-wanted fugitives or that Warren Jeffs was fleeing charges of sexual misconduct in Utah and Arizona, where his colony of thousands of followers had lived by his word as though he were God. That was in August 2006, long before the night this April when the sect became lurid Page One news everywhere, thanks to police raids on the West Texas compound that Jeffs’ church had financed. He had relocated hundreds of his most favored followers from Utah to a 1,700-acre former game ranch that he had anointed Yearning for Zion. Police reported that a 16-year-old girl had called a family-violence hotline and described being betrothed, beaten, raped, and impregnated by a 50-year-old man with multiple wives. For a moment, it looked like Waco revisited: Authorities faced off against dozens of Jeffs’ followers, who held hands and formed a human chain around their sacred white stone temple. When the polygamists finally relented, more than 400 children were removed from the ranch. Inside the temple, police seized evidence that pointed to a secretive world of power, sex, and submission, all reportedly controlled from prison by Warren Jeffs. Read more | ||||||||||||||||||||||||||||||||||||||
| Polygamist sect's finances murky, cash source probed | ||||||||||||||||||||||||||||||||||||||
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The Associated Press The Arizona Republic Originally published May 15, 2008 | ||||||||||||||||||||||||||||||||||||||
| ELDORADO, Texas - In just five years, the West Texas polygamist sect transformed 1,700 acres of scrubland purchased for $700,000 into a bustling ranch with a blazing-white limestone temple, sprawling three-story log cabins, woodworking shops and a dairy. Assessed value of the property now: $20.5 million. How did members of the Fundamentalist Church of Jesus Christ of Latter Day Saints do it? Sweat equity was clearly one factor. The men quarried limestone themselves from the hard ground and built the enormous homes with their own hands, using skills learned at construction companies close to the sect's main base of operations, on the Arizona-Utah line. But as for where they got the money for building materials, dump trucks, rock-cutting equipment and other supplies, that is still something of a mystery. "Who funded it? We're investigating. That's for dang sure," said Jeff Shields, a court-appointed lawyer studying the sect's finances. Some suspect the FLDS supplied money to Eldorado from a $114 million trust fund that once included all the homes and land in the side-by-side FLDS towns of Hildale, Utah, and Colorado City, Ariz. Money may also have come from construction businesses and other ventures run by sect members, including an aircraft wheel and brake manufacturer in Nevada that holds a $1.2 million Pentagon contract, and an engineering firm that landed $11.3 million in work from Las Vegas water authorities. Read more | ||||||||||||||||||||||||||||||||||||||
| FLDS trust demands evidence from raid | ||||||||||||||||||||||||||||||||||||||
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By Ben Winslow Deseret News Originally published Friday, May 16, 2008 | ||||||||||||||||||||||||||||||||||||||
| SAN ANGELO, Texas — Subpoenas have been served on authorities here demanding documents related to the Fundamentalist LDS Church's YFZ Ranch and how it was purchased. The man appointed by the courts to take charge of the FLDS Church's real-estate holdings arm wants to see records seized by law enforcement during the raid on the compound. Bruce Wisan, the special fiduciary of the United Effort Plan Trust, had his lawyers serve subpoenas on the Tom Green County District Attorney's Office. "Please produce all documents or tangible objects that mention or relate to possession or ownership of the structure referred to as 'The Temple,' located on the YFZ Ranch near Eldorado, Texas," one subpoena said. "Please produce all documents or tangible objects that mention or relate to the funding used to acquire the YFZ Ranch located in Schleicher County, Texas." The subpoenas also demand documents and tangible objects that mention the UEP Trust, its trustees, Wisan, several FLDS corporate entities, leaders Warren Jeffs, James Zitting, Leroy Jeffs and Truman Barlow. The subpoenas were buried in exhibits for a quarterly report submitted to a judge in Salt Lake City's 3rd District Court overseeing the UEP Trust. The report (about the size of a Salt Lake City Yellow Pages phone book) was filed earlier this month. There has been no reply from Texas officials. Wisan said the documents are believed to be relevant to the UEP Trust's management and collecting on an $8.8 million default judgment against Warren Jeffs and the FLDS Church, accusing them of mismanaging the trust. Read more | ||||||||||||||||||||||||||||||||||||||
| FLDS trust faces court hearing in Texas | ||||||||||||||||||||||||||||||||||||||
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By Ben Winslow Deseret News Originally published Monday, June 2, 2008 | ||||||||||||||||||||||||||||||||||||||
| SAN ANGELO, Texas — The man appointed by a Utah court to oversee the real-estate holdings arm of the Fundamentalist LDS Church is pushing to see what authorities seized when they raided the YFZ Ranch. A hearing is scheduled here this afternoon to discuss a motion to compel an agricultural financial institution to give up information about the funding of the ranch. "We're just tracking assets," said Bruce Wisan, the special fiduciary of the United Effort Plan (UEP) Trust. Wisan is seeking information about the UEP Trust's management before the courts took over, as well as any assets to satisfy an $8.8 million judgment against FLDS leader Warren Jeffs and other former trustees who were accused of mismanaging it. The Deseret News first reported last month that Wisan issued subpoenas to Tom Green County, Texas, prosecutors — seeking evidence seized in the raid on the YFZ Ranch. Wisan wants to know about the financing of the ranch and the FLDS' first-ever temple. "What we're asking there is that we get that information after they finish the criminal work, but before they give it back to the FLDS," he said Monday. A hearing on that is scheduled later this week. The UEP was taken over by the courts in 2005, amid allegations that Jeffs and other top FLDS leaders had mismanaged it. Read more | ||||||||||||||||||||||||||||||||||||||
| Legal web around FLDS trust growing tangled | ||||||||||||||||||||||||||||||||||||||
| Ex-child bride's attorneys say trust is Jeffs 'alter ego' | ||||||||||||||||||||||||||||||||||||||
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By Ben Winslow Deseret News Originally published Sunday, June 22, 2008 | ||||||||||||||||||||||||||||||||||||||
| The legal web surrounding the Fundamentalist LDS Church's real-estate holdings arm continues to grow, with subpoenas, filings, counterfilings and depositions under way. Lawyers for a former child bride who testified against FLDS leader Warren Jeffs want to keep the United Effort Plan Trust on the hook for any potential damages arising from her multimillion-dollar civil lawsuit against the polygamous sect. In a motion opposing the UEP Trust's request for summary judgment, attorneys for Elissa Wall argue the UEP was intertwined with the FLDS Church and leadership. "The Church and the Trust were always administered by the same person to achieve the same purpose: to preserve and advance the religious doctrines and goals of the (church)," said a declaration by ex-FLDS leader Winston Blackmore included in the court papers. Making their case, Wall's attorneys included numerous depositions of FLDS members, ex-members and even Utah Attorney General Mark Shurtleff. "Elissa Wall alleges that the trust is liable in this case because the trustees' actions in commanding her to marry were undertaken pursuant and consistent with the scope of their authority as a trustees (sic). She also alleges that the trust is liable because it is merely the alter ego of Jeffs and the FLDS Church," wrote attorney Roger Hoole. Wall is suing the FLDS Church, Jeffs and the UEP Trust over her marriage at age 14 to her 19-year-old cousin. She was the star witness in Washington County's criminal case against Jeffs, which resulted in his conviction of rape as an accomplice. Read more | ||||||||||||||||||||||||||||||||||||||
| Trust serves papers on FLDS ranch | ||||||||||||||||||||||||||||||||||||||
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By Ben Winslow Deseret News Originally published Monday, July 14, 2008 | ||||||||||||||||||||||||||||||||||||||
| Lawyers for the court-controlled real-estate holdings arm of the Fundamentalist LDS Church have served court papers on the polygamous sect's Texas ranch. In papers obtained by the Deseret News, attorney Sam Allen said a request for documents was sent by certified mail to the YFZ Ranch, LLC and its registered agent, Merrill Jessop. The request demands "documents and tangible objects addressed to the custodian of records for Bank of America." It also puts the YFZ on notice that it has a right to seek a protective order over any records requests. Allen, a Texas attorney retained by the United Effort Plan Trust, declined to comment on the records request. "We're just looking," Bruce Wisan, the court-appointed special fiduciary of the UEP Trust, said Monday. "We're not sure if we have an interest. We've picked up some pretty interesting information in terms of who bought the YFZ Ranch." The UEP Trust has filed court papers seeking documents and evidence to help it determine who owns the YFZ Ranch and how it was paid for. Wisan is also trying to collect on an $8.8 million judgment against FLDS leader Warren Jeffs and other former trustees accused of mismanaging it. Over the years, lawyers have struggled to get documents about the FLDS Church's management of the trust — claiming that records have disappeared, been destroyed or moved. They had to go to court to see records seized when Jeffs was arrested in 2006 outside Las Vegas, and when his brother was arrested in Colorado. Texas prosecutors were served with subpoenas in May, seeking evidence seized in the raid on the YFZ Ranch. Wisan is seeking information on who financed the ranch and the FLDS Church's first-ever temple. Most recently, the FLDS Church's former law firm was served with subpoenas for documents. Read more | ||||||||||||||||||||||||||||||||||||||
| FLDS residents seek to oust UEP fiduciary | ||||||||||||||||||||||||||||||||||||||
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By Ben Winslow Deseret News Originally published Tuesday, July 15, 2008 | ||||||||||||||||||||||||||||||||||||||
| A lawyer for residents of the Fundamentalist LDS communities of Hildale, Utah and Colorado City, Ariz., is going to court to try to remove the man placed in charge of the polygamous sect's real-estate holdings arm. Peter Stirba filed a motion for a temporary restraining order late Tuesday, seeking to strip court-appointed special fiduciary Bruce Wisan of his powers. The restraining order also seeks to stop planned evictions from land controlled by the United Effort Plan Trust. A hearing on the issue is expected to be held in Salt Lake City's 3rd District Court today. "There's a general sense that if the special fiduciary continues behaving in this manner, the communities as they know it will cease to exist," Stirba said. In an interview Tuesday, Wisan disputed the attorney's allegations and said it would be an uphill battle. "Peter Stirba wants to replace the reformed trust, replace the fiduciary and go back to FLDS control," he told the Deseret News. "He doesn't understand the need for the fiduciary." In court papers, Stirba lashed out at the fiduciary and his management style, criticized him for hiring ex-FLDS members to collect taxes and his interactions with the community's police. He accused Wisan of driving away local businesses and people. Read more | ||||||||||||||||||||||||||||||||||||||
| Fiduciary pushing to have FLDS members evicted | ||||||||||||||||||||||||||||||||||||||
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By Tom Callan and Cleon Wall KSL 5 TV Originally broadcast July 15, 2008 | ||||||||||||||||||||||||||||||||||||||
| Another legal battle is shaping up over the Fundamentalist Church of Jesus Christ of Latter Day Saints polygamy group, this time on the Utah-Arizona border. The issue is whether FLDS people will be evicted from dozens of homes. Most of the properties in the FLDS community were placed under court control several years ago. Starting as early as December 2007, court-appointed special fiduciary Bruce Wisan sent out notices to 57 residences to pay their $100 monthly assessments. "I've instructed my attorneys to start the legal process of eviction," he said. Wisan says people living in the homes have not paid a dime in the last six months. He says the evictions won't happen overnight or immediately, but some folks will soon be forced out. Meantime, the lawyer for the families is trying to keep them in their homes. Attorney Peter Stirba says Wison isn't doing his job, which he says is to protect the United Effort Plan Trust. Stirba says he hopes a restraining order he has filed is just the start. "It will continue with the hope that, ultimately, we can get a more rational administration, and have the administration of the plans be consistent with the religious purposes for which it was formed," he said. Stirba says the restraining order stems from special assessments Wisan put in to effect earlier this year to help pay his company for doing their job. Read the court filings | ||||||||||||||||||||||||||||||||||||||
| Judge denies FLDS request to oust UEP fiduciary | ||||||||||||||||||||||||||||||||||||||
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By Ben Winslow Deseret News Originally published Wednesday, July 16, 2008 | ||||||||||||||||||||||||||||||||||||||
| The judge overseeing the Fundamentalist LDS Church's real-estate holdings arm has denied a temporary restraining order that sought to strip her court-appointed special fiduciary of his powers. Third District Court Judge Denise P. Lindberg denied the motion without hearing any arguments, suggesting that the attempt to oust Bruce Wisan was wrapped up in an emergency request to halt evictions in the polygamous border towns of Hildale, Utah, and Colorado City, Ariz. At such time as any allegations regarding the special fiduciary's conduct are properly brought to this court, the court will address them after notice and opportunity for a hearing," she wrote in an order obtained by the Deseret News. "The court will not, however, allow an unlawful detainer proceeding to be used to that end." Lawyers for FLDS members behind the restraining order request were not disappointed. "We take this as good news because essentially the court is giving us guidance," Bret Rawson, a lawyer representing some of the FLDS members, said Wednesday. Approximately 57 homes — up to 1,000 people — face eviction for refusing to sign occupancy agreements and pay $100 a month fees to live on land controlled by the United Effort Plan Trust. In essence, the judge told them to wait until Wisan began eviction proceedings in St. George's 5th District Court before fighting it. Read more | ||||||||||||||||||||||||||||||||||||||
| Judge Denies Restraining Order to Stop Evictions at FLDS Community | ||||||||||||||||||||||||||||||||||||||
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By JENNIFER DOBNER The Associated Press FOX 13 Utah Originally published Wednesday, July 16, 2008 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY -- A judge has denied a request for a temporary restraining order that would have prevented a court-appointed accountant from evicting people from their homes in a pair of polygamous communities on the Utah/Arizona border. Judge Denise Lindberg says the 3rd District Court won't address issues of eviction related to the Hildale, Utah or Colorado City, Ariz., properties held in the United Effort Plan Trust. Lindberg says the matter belongs in Washington County's 5th District Court. Attorneys for 57 members of The Fundamentalist Church of Jesus Christ of Latter Day Saints sought the restraining order Tuesday, which was the deadline for paying past-due monthly assessment fees to trust accountant Bruce Wisan. In court papers attorneys for the FLDS members and the cities said Wisan's handling of the trust, including selling off some assets and levying tax payments, amount to a breach of his responsibilities and part of a "systematic attempt" to destroy the community. Lindberg said Wisan's performance as trust manager is a "wholly separate issue" unrelated to evictions, but she said the court would address the allegations if they were properly brought to the court. The judge issued her order without holding a hearing. "It's not what we were expecting in so much as we had anticipated that we would have an opportunity to argue the merits of our filing," said Bret Rawson, one of three Salt Lake City-based attorneys hired by the FLDS residents last week. "The best news is we can with confidence tell our clients that there is not going to be an overnight eviction proceeding that would cause them to be removed from their homes or displaced." Rawson is also pleased Lindberg left questions about Wisan's trust management on the table, giving attorneys time to "regroup" and decide how best to raise the issue in court. Read more | ||||||||||||||||||||||||||||||||||||||
| Dairy farm spurs FLDS feud | ||||||||||||||||||||||||||||||||||||||
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By Ben Winslow Deseret News Originally published Thursday, July 17, 2008 | ||||||||||||||||||||||||||||||||||||||
| A family feud of sorts is developing over a southern Utah dairy farm with ties to the Fundamentalist LDS Church. A lawsuit was filed in 5th District Court in Cedar City last week against Harker & Sons LC, by 16 men seeking to assert their rights to the Harker dairy farm near Beryl, in Iron County. The farm is now under the control of the court-appointed special fiduciary for the United Effort Plan Trust. According to the lawsuit, the men believe they have rights to the farm, which Wisan is seeking to sell to generate revenue for the court-controlled UEP Trust. The men built homes there, and sometimes worked for free under the belief they had a stake in the farm. "They're claiming they were promised a life estate and there's unjust enrichment," Wisan said Wednesday. The farm was started in 1972 by Parley J. Harker. As he was nearing his last days in 1997, the lawsuit said he consecrated the farm to the FLDS Church. "He fully expected that doing so would realize his dream that his children and grandchildren and so on could construct their homes and live on the property in perpetuity," attorneys Blaine Hofeling and Justin Wayment wrote in the complaint. Harker and other partners filed a quit claim deed and later transferred their stock to the FLDS Church's Corporation of the Presiding Bishop, the lawsuit states. In 2005, the courts took control of the UEP Trust amid allegations that FLDS leaders mismanaged it. Wisan bought the farm at sheriff's auction is now trying to sell it to members of the Harker family who are not FLDS members to raise money for the cash-strapped trust. Read more | ||||||||||||||||||||||||||||||||||||||
| FLDS' former law firm fights UEP subpoenas | ||||||||||||||||||||||||||||||||||||||
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By Ben Winslow Deseret News Originally published Tuesday, July 22, 2008 | ||||||||||||||||||||||||||||||||||||||
| The law firm that once represented the Fundamentalist LDS Church is fighting subpoenas to hand over documents to the court-controlled real estate arm of the polygamous sect. Lawyers for the United Effort Plan Trust served the subpoenas on Snow, Christensen & Martineau, seeking to compel the law firm into handing over documents. The firm is resisting, arguing attorney-client privilege. "It is impossible to characterize legal advice given to FLDS leadership regarding the UEP Trust as having been given to them in any particular capacity," attorney Rod Parker wrote in documents filed last week in Salt Lake City's 3rd District Court. "The UEP Trust was regarded as a part of the religious institution of the Church, and was managed as a religious institution and a tool used in the Church's mission in providing for the spiritual and temporal needs of its members. The Special Fiduciary's characterization of the UEP Trust as an entity with a separate existence from the mission of the Church is not consistent with SC&M's representation of the Church." Snow, Christensen & Martineau acted as the FLDS Church's legal counsel from 1987-2004. It helped incorporate the church and the UEP Trust. In 2005, a judge took control of the UEP Trust after allegations that FLDS leader Warren Jeffs and other top officials in the church mismanaged it and defaulted on a series of lawsuits filed against it. The courts reformed the trust, separating it from the FLDS Church, and appointed Bruce Wisan as a special fiduciary over the UEP. Wisan sued the former trustees and won an $8 million judgment. He has been trying to collect, as well as obtain documents over the management of the former UEP Trust. Read more | ||||||||||||||||||||||||||||||||||||||
| Ex-child bride lawsuit could destroy FLDS trust, lawyers claim | ||||||||||||||||||||||||||||||||||||||
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By Ben Winslow Deseret News Originally published Wednesday, July 30, 2008 | ||||||||||||||||||||||||||||||||||||||
| The future of the Fundamentalist LDS Church's real-estate holdings arm may hang on a lawsuit filed by a former child bride. That's what attorneys for the court-controlled United Effort Plan Trust claim in new court papers filed in Salt Lake City's 3rd District Court. In a renewed motion for summary judgment over a multi-million dollar personal injury lawsuit filed by Elissa Wall, lawyers for the UEP Trust fear that if a judge holds the trust liable — it may not survive. "Not only would the Trust face significant exposure to the plaintiff in the present case, such a holding would encourage other parties injured by Warren Jeffs' misconduct to pursue claims against the Trust," lawyer Jeffrey L. Shields wrote. "Given the large number of Mr. Jeffs' victims, and the serious nature of his crimes, the Trust may well lose all of its assets to tort plaintiffs harmed by Mr. Jeffs — leaving nothing for the numerous innocent beneficiaries who presently reside in houses on Trust property." At best, Shields suggests, UEP assets would be depleted through attorneys fees and other costs in defending against the potential flood of lawsuits. Wall, who was married at age 14 to her 19-year-old cousin in a ceremony presided over by Jeffs, was the star witness in Utah's prosecution of the FLDS leader. He was ultimately convicted of rape as an accomplice, and is serving a pair of 5-to-life sentences. Jeffs is also facing charges in Arizona and was recently indicted by a Texas grand jury on a sexual assault of a child charge. Wall's ex-husband, Allen Steed, is facing a rape charge in St. George's 5th District Court. Under the pseudonym "M.J.," she filed a lawsuit against Jeffs, the FLDS Church, and the UEP Trust over the marriage. Wall's attorneys argue that under Jeffs' rule, the UEP was intertwined with the church and its leader. "It is merely the alter-ego of Jeffs and the FLDS Church," Roger Hoole wrote in court documents seeking to keep the UEP on the hook for damages. Read more | ||||||||||||||||||||||||||||||||||||||
| U.S. official vies for control of polygamist private school | ||||||||||||||||||||||||||||||||||||||
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By ROBERT MATAS The Globe and Mail Originally published Monday, August 4, 2008 | ||||||||||||||||||||||||||||||||||||||
| VANCOUVER -- In an unprecedented cross-border initiative, a court-appointed official from the United States is trying to take over a private school in British Columbia run by the polygamist Fundamentalist Church of Jesus Christ of Latter Day Saints. Bruce Wisan, who was appointed by a U.S. court to protect the assets of the FLDS, has launched a lawsuit in B.C. Supreme Court seeking authority to gain control of the Bountiful Elementary-Secondary School located in a rural area outside Creston, B.C. Mr. Wisan said in a telephone interview from Salt Lake City, Utah, that he became involved in Canada as a result of the split within the community between followers of FLDS leader Warren Jeffs and supporters of Canadian Winston Blackmore. He said his interest in the school arises from the refusal of the FLDS group to allow children from families supporting Mr. Blackmore to attend the school. "The non-FLDS, which is in the majority, got kicked out of the school. They are not even allowed to use the school playgrounds," Mr. Wisan said. Mr. Wisan is also considering a contentious scheme to impose a monthly assessment on Canadian members to pay for sewage and maintenance costs for 48 rural properties in the southeast corner of B.C. The aggressive moves by the U.S. certified accountant based in Salt Lake City are a sharp contrast to the approach of B.C. authorities. Despite controversy over polygamy and the teachings at the school run by the religious sect, the provincial Education Ministry continues to contribute hundreds of thousands of dollars to the school's operations. Read more | ||||||||||||||||||||||||||||||||||||||
| FLDS questions state management of trust | ||||||||||||||||||||||||||||||||||||||
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By Jennifer Dobner The Associated Press Mohave Daily News Originally published Thursday, August 14, 2008 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY (AP) - More than three years after the Utah courts took control of a polygamous church's property trust, a representative of the embattled sect is speaking up - asking a state judge whether church members can ultimately own the homes and property now managed by a court-appointed accountant. Fundamentalist Church of Jesus Christ of Latter Day Saints spokesman Willie Jessop appeared in 3rd District Court on Thursday, telling Judge Denise Lindberg he wanted to clear up confusion surrounding the ownership of assets in the United Effort Plan Trust. Court-appointed CPA Bruce Wisan has managed the $110 million trust for three years. "All we're asking for is some clarification on your ideas about FLDS owning property," Jessop said. The UEP is the charitable arm of the FLDS church. The trust was formed in 1942, when church members turned over their property and other assets to establish a communal order along the Utah/Arizona border where they had lived since the 1920s. Church leaders served as the trust's managers, deciding where members lived, when they moved and what properties they could build on. Under Wisan's leadership, some assets have been sold and the trust reorganized to allow its beneficiaries to obtain deeds to their homes. "I can honestly tell you I have no bias against FLDS. I don't have a bias for FLDS or for people who have been formerly FLDS. I truly have no view on that issue," Lindberg said. "I believe that in the long term efforts toward where this trust is going that the most appropriate thing is ... to allow and create the opportunity for people to be able to own their property and be able to control it. I'm not going to put a religious test on that." Read more | ||||||||||||||||||||||||||||||||||||||
| Judge: No 'religious test' will be used to distribute FLDS property | ||||||||||||||||||||||||||||||||||||||
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By Linda Thomson Deseret News Originally published Thursday, Aug. 14, 2008 | ||||||||||||||||||||||||||||||||||||||
| Judge Denise Lindberg, who for three years has been overseeing attempts to untangle the intricate financial and ownership affairs of a religious organization, reassured one of its leaders Thursday that she has no religious prejudices and wants to see a fair distribution of property. Willie Jessop, a spokesman for the Fundamentalist LDS Church, stood up in court at what was intended to be a routine update on the progress of the undertaking and asked the 3rd District judge to clarify a remark Jessop said he heard in which Lindberg allegedly said she would never allow FLDS people to own property. The judge denied having any bias and said she wanted to treat all those involved equally. "I certainly am not going to put a religious test on the eventual distribution of property," Lindberg said. The judge said what she put in place was a process to determine who owned what in the polygamous communities of Hildale, Utah, and Colorado City, Ariz., and create opportunities for people to own their own properties. However, when individuals eventually gain ownership of property, there could be certain restrictions. Read more | ||||||||||||||||||||||||||||||||||||||
| A.G.'s chief deputy honored for service | ||||||||||||||||||||||||||||||||||||||
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Deseret News Originally published Friday, Aug. 15, 2008 | ||||||||||||||||||||||||||||||||||||||
| The Utah attorney general's chief deputy has been honored for his public service and behind-the-scenes work that has impacted the West. The Conference of Western Attorneys General awarded Ray Hintze the 2008 Jim Jones Public Service Award earlier this month in Seattle. Hintze, a 14-year veteran with the attorney general's office, has "quietly handled some of our most difficult assignments with diplomacy and skill," Attorney General Mark Shurtleff said in a news release Thursday. Hintze's work has included fighting to keep nuclear waste from being stored on the Goshute Reservation and helping remove FLDS leader Warren Jeffs from a $200 million trust. | ||||||||||||||||||||||||||||||||||||||
| FLDS seek to stop sale of border lands | ||||||||||||||||||||||||||||||||||||||
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By Ben Winslow Deseret News Originally published Monday, Aug. 25, 2008 | ||||||||||||||||||||||||||||||||||||||
| Members of the Fundamentalist LDS Church are seeking to block the sale of land in the polygamous border towns of Hildale, Utah, and Colorado City, Ariz. An emergency hearing is scheduled this afternoon in Salt Lake City's 3rd District Court where lawyers for FLDS members Willie Jessop, Dan Johnson and Merlin Jessop are asking to halt the sale of any property under the control of the United Effort Plan Trust. "Such sales pose an immediate and fundamental threat to the religious communal lifestyle and beliefs of the community because they threaten its self-sufficiency, and thus are contrary to law, constitutional rights, and the best interests of the people who live on Trust property and rely on it for their sustenance," FLDS lawyer Rod Parker wrote in court papers filed Aug. 18. But lawyers for the UEP Trust said the emergency request illustrates the problem that has plagued the FLDS Church's real-estate holdings arm since it was taken over by the courts in 2005. "Many members of the Trust's beneficiary class simply refuse to recognize the authority and the actions of this court," wrote lawyer Jeffrey L. Shields, who represents the court-appointed special fiduciary. "Such beneficiaries repeatedly ignore this court's rulings, and act as if the former trustees/FLDS religious leaders are, or should be, still in control of the trust." The courts took control of the UEP Trust amid allegations that Warren Jeffs and other FLDS leaders mismanaged it. A judge signed off on a reform plan, which paves the way for private property ownership, doing away with the early-Mormon concept of a "united order" that the trust was based upon. For the past three years, trust lawyers claim the FLDS have remained silent on any changes — until now. Read more | ||||||||||||||||||||||||||||||||||||||
| FLDS seek to block land sale | ||||||||||||||||||||||||||||||||||||||
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By Ben Winslow Deseret News Originally published Tuesday, Aug. 26, 2008 | ||||||||||||||||||||||||||||||||||||||
| Members of the Fundamentalist LDS Church are seeking to block the sale of land in the polygamous border towns of Hildale, Washington County, and Colorado City, Ariz., unless the court signs off on it first. During an emergency hearing Monday in 3rd District Court in Salt Lake City, lawyers for FLDS members Willie Jessop, Dan Johnson and Merlin Jessop sought to halt the sale of any property under the control of the United Effort Plan Trust. Lawyers for both sides agreed to hold off on any transactions until the judge rules on it next month. "Such sales pose an immediate and fundamental threat to the religious communal lifestyle and beliefs of the community because they threaten its self-sufficiency, and thus are contrary to law, constitutional rights, and the best interests of the people who live on Trust property and rely on it for their sustenance," FLDS lawyer Rod Parker wrote in court papers. But lawyers for the UEP Trust said the emergency request illustrates the problem that has plagued the FLDS Church's real estate holdings arm since it was taken over by the courts in 2005. They suggested it was a "collateral attack" on the reformed trust. "Many members of the Trust's beneficiary class simply refuse to recognize the authority and the actions of this court," wrote lawyer Jeffrey L. Shields, who represents the court-appointed special fiduciary. "Such beneficiaries repeatedly ignore this court's rulings, and act as if the former trustees/FLDS religious leaders are, or should be, still in control of the trust." Read more | ||||||||||||||||||||||||||||||||||||||
| Sect sues to reverse $8.8M court judgment | ||||||||||||||||||||||||||||||||||||||
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By JENNIFER DOBNER The Associated Press San Angelo Standard-Times Originally published Saturday, Aug. 30, 2008 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY - Attorneys for a polygamist sect sued a court-appointed accountant on Friday, seeking to reverse an $8.8 million judgment against its $110 million property trust. In papers filed in 3rd District Court, sect attorney Rodney Parker claims the judgment awarded to United Effort Plan Trust overseer Bruce Wisan was based on "false, incomplete and misleading evidence." The trust is the charitable arm of the Fundamentalist Church of Jesus Christ of Latter Day Saints. The sect has a sprawling compound in West-Central Texas' Schleicher County that state and federal authorities raided in early April. Authorities were acting on tips of sexual abuse and forced underage "marriages" among the members of the Mormon splinter sect, which split decades ago from the mainstream church. Unlike Mormons, the FLDS still practices a form of polygamy that involves "spiritual unions" intended to be acceptable to society. The state took more than 400 children into custody, but appellate courts later ordered the children returned to their parents. However, the law enforcement and Child Protective Services investigations continue, and several sect men have been indicted on charges including sexual assault and bigamy. The original tips are apparently a hoax. A court gave Wisan guardianship of the trust in 2005 after state attorneys said church leaders had mismanaged its assets. In 2007, Wisan sought the judgment and won by default. Wisan told the court that $6.4 million in trust property had been conveyed for less than full value. He also said $2.2 million worth of property had been wrongfully taken from the trust. He sought roughly $1.7 million in legal and accounting fees and a $1.56 million credit as a portion of proceeds from a settlement agreement. Read more | ||||||||||||||||||||||||||||||||||||||
| FLDS members sue trust manager | ||||||||||||||||||||||||||||||||||||||
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By Ben Winslow Deseret News Originally published Saturday, Aug. 30, 2008 | ||||||||||||||||||||||||||||||||||||||
| After years of silence, members of the Fundamentalist LDS Church are challenging the man appointed by the courts to oversee the polygamous sect's real estate holdings arm. A lawsuit was filed in Salt Lake City's 3rd District Court late Friday seeking to set aside an $8.8 million default judgment awarded to the court-appointed special fiduciary of the United Effort Plan Trust. The money was awarded in 2007 to Bruce Wisan after the UEP's former trustees, including FLDS leader Warren Jeffs, failed to respond to his lawsuit alleging they defrauded the trust. But now the church is fighting back, claiming the judgment was obtained through "fraud upon the court." "The judgment was entered based upon false, incomplete, and misleading evidence ...," FLDS attorney Rod Parker wrote in his lawsuit. In the 42-page suit, the FLDS Church and its former trustees claim that Wisan misrepresented to the court property values, transactions and claims the UEP trust may have had over personal property. Wisan has said that property was being taken from the FLDS communities of Hildale, Utah, and Colorado City, Ariz. When contacted by the Deseret News on Friday night, Wisan's attorney, Jeffrey L. Shields, declined to comment on the lawsuit until he had a chance to review it. Read more | ||||||||||||||||||||||||||||||||||||||
| Court filing claims FLDS trust fiduciary is 'at war' | ||||||||||||||||||||||||||||||||||||||
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By Ben Winslow Deseret News Originally published Wednesday, Sept. 10, 2008 | ||||||||||||||||||||||||||||||||||||||
| The court-appointed special fiduciary for the United Effort Plan Trust is engaging in a "sociological and psychological war" with its beneficiaries, lawyers for Fundamentalist LDS Church members claim in newly filed court documents. They note a November 2007 time entry for one of the fiduciary's attorneys about reviewing a DVD of a jailhouse conversation FLDS leader Warren Jeffs had in which he renounced being a prophet. UEP trust lawyer Jeffrey L. Shields' notation detailed a phone conversation with UEP fiduciary Bruce Wisan and a strategy session on "how to use the DVD in the sociological and psychological war with the beneficiaries of the Trust." "Regardless of how the parties got to this point, the current situation mandates some form of intervention and supervision from the court," FLDS attorney Rod Parker wrote. "Meaningful supervision of the fiduciary's perceived 'sociological and psychological war with the beneficiaries' is essential." Contacted by the Deseret News on Tuesday, Shields said any war was not started by the fiduciary. "Warren started the war. We're defending the war," he said. "I think there's a sociological and psychological war, but we didn't start it ... we're defending the trust." Read more | ||||||||||||||||||||||||||||||||||||||
| Hildale couple files countersuit to stop eviction | ||||||||||||||||||||||||||||||||||||||
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By JENNIFER DOBNER The Associated Press KSL 5 TV Originally published Wednesday, September 10, 2008 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY (AP) -- Attorneys for a Hildale couple filed a counterclaim to a lawsuit Wednesday in hopes of preventing a court-appointed accountant from evicting them from their home. Guy and Ilene Steed are members of the Fundamentalist Church of Jesus Christ of Latter Day Saints and their property is held by the polygamous church's United Effort Plan Trust, which was seized by the Utah courts in 2005. Court-appointed accountant Bruce Wisan manages the trust and last month sued to evict the Steeds for not signing an occupancy agreement and agreeing to pay a monthly $100 assessment fee. "We definitely see the filing of this action as an attempt by Mr. Wisan to bully the families in this community," the Steeds' attorney Peter Stirba said in a statement. Court papers filed in 5th District Court in St. George on Wednesday seek a jury trial to resolve the matter and ask that the Steeds be allowed to stay on the property for the rest of their lives. In the alternative, the Steeds want to be paid for the property at its market value. Guy Steeds' grandfather was given the property by FLDS leaders in 1989 and family members have lived there ever since. Guy and Ilene Steed moved there in 2000. Court papers say the couple has made about $70,000 in improvements, including planting 300 fruit trees. "I'm glad they've said lets go to court instead of sticking their head in the sand, but on the other hand I think their claims are frivolous," said Jeffs Shields, the attorney who represents Wisan. Shields said he considers the Steed lawsuit a "test case" that will determine the depth of Wisan's authority to evict those who won't cooperate with his management rules. "There's probably 100 people in that category, so we'll go to court and try to get some precedent," said Shields. "If we lose, we'll back off." Read more | ||||||||||||||||||||||||||||||||||||||
| FLDS family sues to stop eviction | ||||||||||||||||||||||||||||||||||||||
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By Ben Winslow Deseret News Originally published Thursday, Sept. 11, 2008 | ||||||||||||||||||||||||||||||||||||||
| A family living on land controlled by the United Effort Plan Trust is suing to stop eviction proceedings by the court-appointed special fiduciary of the Fundamentalist LDS Church's real estate holdings arm. The UEP Trust filed an eviction notice in 5th District Court in St. George last month seeking to evict Guy and Ilene Steed from their Hildale home, which sits on land owned by the trust. The Steeds are fighting it. "This is where they live. They have no place to go," Peter Stirba, the Steeds' attorney, said Wednesday. "The land that found its way into the UEP Trust years ago was given precisely for religious purposes and was to provide for members of the church to live there and prosper there." The UEP Trust, which controls homes, businesses and property in the FLDS enclaves of Hildale, Utah, and Colorado City, Ariz., came under court control in 2005 after allegations surfaced that FLDS leader Warren Jeffs and other church officials mismanaged it. For years, many FLDS have refused to cooperate with court-ordered reformations to the $110 million trust. They did not respond to lawsuits, refused to answer property-tax demands until faced with the prospect of eviction and resisted a $100 a month assessment to pay for infrastructure improvements as the fiduciary seeks to subdivide the once communal property. "There are a whole host of issues and many things have been imposed unfairly, inaccurately, inconsistently and arbitrarily," Stirba said Wednesday. Striba questioned if the $100-a-month fees were really just paying for the mounting bills for the fiduciary and his lawyers. "It wasn't until the special fiduciary was given authority over trust lands that you developed these tax delinquencies. Up until then, all taxes were paid. There were no issues," he said. Court-appointed special fiduciary Bruce Wisan has said the resistance has been because of edicts handed down by Jeffs telling his followers to "answer them nothing." Read more | ||||||||||||||||||||||||||||||||||||||
| Federal lawsuit filed over FLDS trust | ||||||||||||||||||||||||||||||||||||||
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By Ben Winslow Deseret News Originally published Monday, Oct. 6, 2008 | ||||||||||||||||||||||||||||||||||||||
| The Fundamentalist LDS Church has filed a federal lawsuit challenging court-ordered reform efforts to its real-estate arm. The lawsuit, filed Monday in U.S. District Court in Salt Lake City, accuses the attorneys general of Utah and Arizona, the court-appointed special fiduciary of the United Effort Plan Trust, and the judge who reformed that trust of violating the FLDS Church's First Amendment rights. "The UEP Trust was formed so FLDS Church members could live the United Order and the Law of Consecration by seeking religious stewardships within the meaning of Holy Scripture," church attorney Rod Parker wrote in the lawsuit. "FLDS Church members cannot practice the United Order or the Law of Consecration under the reformed trust." In 2005, the Utah Attorney General's Office asked the courts to freeze the UEP's assets, alleging that FLDS leader Warren Jeffs and others had fleeced it. A judge in Salt Lake City's 3rd District Court took control of the trust and appointed a special fiduciary to manage the trust and its $110 million in assets, mostly property in the border towns of Hildale, Utah, and Colorado City, Ariz. The trust has undergone reforms that pave the way for private property ownership, doing away with the early-Mormon concept of a "United Order," where the FLDS doled out homes and property according to "just wants and needs." "Under the court's management, the reformed trust has been operated to discriminate against plaintiffs as members of the FLDS faith," Parker wrote, adding that it is part of an ongoing "sociological and psychological war" with members of the polygamous church. Read more | ||||||||||||||||||||||||||||||||||||||
| Polygamous sect sues to regain control of trust | ||||||||||||||||||||||||||||||||||||||
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By JENNIFER DOBNER The Associated Press Journal & Courier - Lafayette, Indiana Originally published October 7, 2008 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY - Members of a polygamous church are suing to regain control of a property trust, claiming court reforms since 2005 have stripped it of its constitutional rights. Filed Monday in U.S. District Court, the lawsuit contends that state control has secularized the religiously based United Effort Plan Trust and is dismantling a way of life for members of the Fundamentalist Church of Jesus Christ of Latter Day Saints. "Utah, through its attorney general and the 3rd District Court, is interfering in obvious ways with the exercise of religion by the members of the FLDS church," the lawsuit said. The $110 million UEP Trust holds the property and homes in Hildale, Utah, and Colorado City, Ariz., the traditional home of the FLDS church. It also includes property in British Columbia. The Utah courts seized the trust in 2005 after state attorneys said church leaders had used its funds for personal gain and had failed to defend it from lawsuits. Court-appointed fiduciary Bruce Wisan has reformed the trust to strip church leaders of authority over its assets and pave the way for private homeownership. The reforms also call for the trust to be managed based on neutral legal principles, not religious doctrine or practice. FLDS members consider communal living - a principle known as the Law of Consecration and the United Order - an integral part of their religion. Members formed the trust in 1942, donating their property to benefit the whole church in an act considered an expression of faith. "But for the religious and spiritual doctrines of the United Order and the Law of Consecration, and the practice of polygamy and other FLDS beliefs and practices, the UEP Trust would never have come into existence," the lawsuit states. "FLDS church members cannot practice the United Order or the Law of Consecration under the reformed trust." Read more | ||||||||||||||||||||||||||||||||||||||
| Law firm booted from FLDS Church's trust case | ||||||||||||||||||||||||||||||||||||||
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By Ben Winslow Deseret News Originally published Thursday, Oct. 9, 2008 | ||||||||||||||||||||||||||||||||||||||
| In a ruling that could have widespread impact on the ongoing legal war involving the Fundamentalist LDS Church, the judge overseeing the polygamous sect's real-estate arm has ousted the law firm that used to represent it. Rod Parker and the Salt Lake law firm Snow Christensen & Martineau were disqualified Wednesday from representing the FLDS Church and some of its members in a challenge to the reforms of the United Effort Plan Trust. "This is an irreconcilable conflict, and it mandates the disqualification of Mr. Parker and the law firm," 3rd District Judge Denise Lindberg said. "It extends to the consultation of present and future litigants." The judge also ordered the firm to hand over documents gathered from 17 years of representing the UEP and the FLDS Church to lawyers for the court-appointed special fiduciary placed in charge of the $110 million trust. "The court's asking us to hand over the confidences of our client to an adversary in the view of our clients," Parker said outside court. "I think we have an ethical obligation to resist that." FLDS member and spokesman Willie Jessop stood up in court to protest the judge's decision to disqualify their attorneys. "Looks to me like it's part of the psychological and sociological warfare that she's plenty willing to take part of," Jessop told the Deseret News as he left the courthouse. Church lawyers argued that the trust has been changed so dramatically, it is not the same entity it once was. Attorneys for the fiduciary countered that Snow Christensen & Martineau was once hired to defend some of the same claims they're bringing now. "It's a huge deal to have your former counsel suing you," said Jeffrey L. Shields, an attorney for fiduciary Bruce Wisan. Read more | ||||||||||||||||||||||||||||||||||||||
| FLDS seek to stop sale of temple site | ||||||||||||||||||||||||||||||||||||||
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By Ben Winslow Deseret News Originally published Friday, Oct. 17, 2008 | ||||||||||||||||||||||||||||||||||||||
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Fundamentalist LDS faithful sang about it in a hymn.
The temple long expected Shall stand on Berry Knoll, By willing hearts erected, Who love Jehovah's will. A swath of farmland on the Utah-Arizona border has become the subject of the latest legal war involving the polygamous sect. FLDS members Willie Jessop, Dan Johnson and Merlin Jessop are seeking to halt plans by the court-appointed special fiduciary of the United Effort Plan Trust to sell Berry Knoll. "The Special Fiduciary seeks this court's permission to sell 711 acres of agricultural property, including a sacred and consecrated temple site," FLDS attorney Jim Bradshaw wrote in papers filed Friday in Salt Lake City's 3rd District Court. The people who live on UEP land now controlled by the courts believe that Bruce Wisan, the special fiduciary, intends to finance a "sociological and psychological war" against them by selling their own property, Bradshaw claims, to members of a breakaway sect in Centennial Park, Ariz. The fiduciary and his attorneys have disputed many of the claims. Contacted by the Deseret News on Friday, Wisan's attorney Jeffrey L. Shields said they would respond at a court hearing to be scheduled next month in St. George. "Let's wait to hear the evidence," Shields said. "There's a lot of allegations ... but I don't think there's any facts to support this." Read more | ||||||||||||||||||||||||||||||||||||||
| Nov. 14 hearing set over FLDS trust challenge | ||||||||||||||||||||||||||||||||||||||
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By Ben Winslow Deseret News Originally published Friday, Oct. 31, 2008 | ||||||||||||||||||||||||||||||||||||||
| The man appointed to oversee the Fundamentalist LDS Church's land holdings has not declared war on faithful members of the polygamous sect. But his lawyers contend in new court documents that he is defending a war that is being waged against him, the courts and the United Effort Plan Trust itself. The war began in 2005 shortly after the trust was taken over by the courts when entire buildings were dismantled and whisked away. "Indeed, throughout the entire tenure of this case, there has been a conspiracy of non-cooperation, hostility and sabotage against the Trust," lawyer Jeffrey L. Shields wrote in papers filed this week in 3rd District Court. Responding to a request to halt a land sale in the FLDS communities of Hildale, Utah, and Colorado City, Ariz., lawyers for the court-appointed special fiduciary accused the conspirators of trying to starve the cash-strapped trust and wrest it away from the courts. "They detest the court's religious neutrality requirement," Shields wrote. "They seek a system whereby the Trust's assets are controlled by a small elite group who are free to discriminate on the basis of religion. They seek the ability to evict all non-FLDS people, and to control the lives of ordinary FLDS people by controlling where they may live, and by evicting them if they fall out of favor in the future." Read more | ||||||||||||||||||||||||||||||||||||||
| FLDS ask federal judge to block land sale | ||||||||||||||||||||||||||||||||||||||
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By Ben Winslow Deseret News Originally published Wednesday, Nov. 5, 2008 | ||||||||||||||||||||||||||||||||||||||
| Members of the Fundamentalist LDS Church are going to federal court to halt the pending sale of a farmland along the Utah-Arizona border. In a motion for a temporary restraining order, FLDS members seek to stop the sale of Berry Knoll, a 711-acre patch of land being put up for sale by the man placed in charge of the polygamous church's real-estate holdings arm, the United Effort Plan Trust. "In the last few years our communities and our faith have come under sustained and systemic attack by the state of Utah," FLDS member Willie Jessop wrote in an affidavit filed with the court papers. "The principal means by which that attack has been carried out is the state's takeover of a sacred Trust and appointment of a self-proclaimed 'State-Ordained Bishop' to administer the trust." Lawyers for the FLDS Church say that the entire UEP Trust under court control is a violation of the group's First Amendment right to freedom of religion. In 2005, the courts took control of the UEP Trust over allegations that FLDS leadership mismanaged it, including claims it discriminated against ex-members. The trust controls homes and property in the FLDS enclaves of Hildale, Utah, and Colorado City, Ariz. "Of course the trust was operated under religious principles, and of course the trust 'discriminated' on the basis of determinations made in accordance with Holy Scripture and divine revelation," Jessop wrote. "Although it appears the special fiduciary believes churches can be required not to follow their own doctrines but only 'neutral principles' dictated by the state, that is contrary to our beliefs, including our belief that all people may worship as they choose and make their own determinations as to matters of church doctrine like 'just wants and needs.'" Read more | ||||||||||||||||||||||||||||||||||||||
| FLDS asks judge to block sale of Utah church land | ||||||||||||||||||||||||||||||||||||||
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By JENNIFER DOBNER The Associated Press Houston Chronicle Originally published November 5, 2008 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY — A southern Utah polygamous church has asked a federal judge to block the proposed sale of church-owned land under state control. Attorneys for the Fundamentalist Church of Jesus Christ of Latter Day Saints sought a temporary restraining order Wednesday to prevent the sale of land in the United Effort Plan Trust. The UEP holds an estimated $110 million in communal property donated by church members. The FLDS consider communal living — or the Holy United Order — an integral part of their religion and see secular management of the trust as a violation of their constitutional right to practice their religion. In 2005, a Utah judge took control of the UEP amid allegations of mismanagement. Court-appointed trust manager Bruce Wisan now wants to sell some holdings, including Berry Knoll, a 700-plus-acre site in Arizona, just south of the Utah state line, that was set aside for a future church temple. A state court hearing is scheduled for Nov. 14 in St. George's 5th District Court for a judge to hear arguments on the sale of Berry Knoll to a member of a different polygamous church formed after a leadership dispute among the FLDS. A motion to delay that hearing has also been filed by the FLDS. Wisan's attorney, Jeff Shields, said he couldn't comment on the documents filed in Utah's U.S. District Court Wednesday because he hasn't yet read them. The UEP is property-rich but cash poor. Wisan needs to sell the land to pay outstanding bills, including his own firm and his attorneys, for managing the trust. Read more | ||||||||||||||||||||||||||||||||||||||
| Judge won't halt FLDS land sale hearing | ||||||||||||||||||||||||||||||||||||||
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By Ben Winslow Deseret News Originally published Friday, Nov. 7, 2008 | ||||||||||||||||||||||||||||||||||||||
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The judge overseeing the Fundamentalist LDS Church's land holdings has refused to delay a hearing on a pending sale of farmland the Utah-based polygamous sect claims is a future temple site. In an order filed in 3rd District Court in Salt Lake City, Judge Denise Lindberg denied a request by FLDS members Willie Jessop, Dan Johnson, and Merlin Jessop to postpone a Nov. 14 hearing in St. George. In court papers, the three FLDS men asked for more time to bring their newly hired attorneys up to speed. Lawyers for the court-appointed special fiduciary of the United Effort Plan Trust objected. "Movants seek a continuance because they wish to jeopardize the proposed sale, deny the trust needed funds, and further hamstring the fiduciary in his efforts to administer the trust," fiduciary lawyer Jeffrey L. Shields wrote in an objection filed in court. The fiduciary, Bruce Wisan, is seeking to sell 711-acres of land on the Utah-Arizona border known as Berry Knoll to pay outstanding debts. FLDS members are challenging it, claiming Berry Knoll is a temple site and also provides food to the communities of Hildale and Colorado City. The fiduciary disputes those claims. The FLDS claim the fiduciary is also trying to sell the land to members of a rival polygamous sect. In 2005, the UEP Trust was taken over by the courts over allegations that FLDS leadership mismanaged it. It has since undergone reforms that do away with the "united order" concept of the trust and pave the way for private property ownership. Lawyers for the FLDS Church aren't giving up. They have filed a request for a temporary restraining order in federal court to block any sale.
E-mail: bwinslow@desnews.com | ||||||||||||||||||||||||||||||||||||||
| FLDS ask Utah Supreme Court to halt land sale | ||||||||||||||||||||||||||||||||||||||
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By Ben Winslow Deseret News Originally published Monday, Nov. 10, 2008 | ||||||||||||||||||||||||||||||||||||||
| Lawsuits and appeals are being filed in Utah and Arizona, challenging the pending sale of a swath of farmland that members of the Fundamentalist LDS Church claim is a future temple site. An emergency appeal filed Monday afternoon asks the Utah Supreme Court to block a Friday hearing in a St. George court on the proposed sale of Berry Knoll. "This case has strayed so far from its original purpose — to ensure that the trust is properly administered 'to preserve and advance the religious doctrines and goals of the (FLDS Church)' — that the trust has now become a vehicle to accomplish exactly the opposite — to ensure that the trust is administered to destroy and thwart the religious doctrines and goals of the FLDS Church," attorney Troy Booher wrote. Last week, the judge overseeing the UEP Trust refused to halt Friday's hearing on whether to sell the land to pay outstanding debts. FLDS members have sued to stop it, claiming the 711-acre plot of land was prophesied to be a future temple site and feeds FLDS faithful in Hildale, Utah, and Colorado City, Ariz. They also accuse the court-appointed special fiduciary, Bruce Wisan, of selling the land to a "rival polygamous religious group" in nearby Centennial Park, Ariz. Lawyers for the fiduciary dispute those claims. Contacted Monday, Wisan's attorney, Jeffrey L. Shields, declined to immediately comment without having reviewed the appeal. He said a lawsuit had also been filed against the fiduciary in Arizona by FLDS member Willie Jessop. Lawyers for FLDS members have also gone to federal court to block the sale. A hearing on a request for a temporary restraining order has been scheduled for Wednesday afternoon in U.S. District Court in Salt Lake City. Read more | ||||||||||||||||||||||||||||||||||||||
| Federal judge makes no decision in trust land sale | ||||||||||||||||||||||||||||||||||||||
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The Associated Press Local News 8 - Idaho Falls, Idaho Originally broadcast November 12, 2008 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY (AP) - A federal judge took no action Wednesday to delay a state hearing on the sale of a parcel of land owned by a polygamous church group but currently controlled by the state. The Fundamentalist Church of Jesus Christ of Latter Day Saints asked U.S. District Judge Dee Benson to halt a hearing Friday that will decide whether the land can be sold. But Benson will wait for a report from that hearing before reviewing the case. State-appointed accountant Bruce Wisan manages the FLDS' United Effort Plan Trust and wants to sell the parcel of trust land in northern Arizona known as Berry Knoll to pay trust management bills. The FLDS consider communal living an integral part of their faith and see secular management of the trust as a violation of their constitutional right to practice their religion. | ||||||||||||||||||||||||||||||||||||||
| Hundreds of FLDS protest land sale | ||||||||||||||||||||||||||||||||||||||
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By Ben Winslow Deseret News Originally published Wednesday, Nov. 12, 2008 | ||||||||||||||||||||||||||||||||||||||
| They packed the courtroom and when there was no more room in there, they stood in the halls that snaked around the federal courthouse. Grandfathers, grandmothers, husbands, wives and children — hundreds of members of the Fundamentalist LDS Church showed up to a hearing Wednesday to protest the proposed sale of more then 700 acres of land on the Utah-Arizona border they consider sacred. "It affects our way of life," an FLDS man named Jerry said as he left the courthouse. "It's our home. It's our future." A hearing is scheduled Friday in St. George on the sale of Berry Knoll, a place FLDS members claim is prophesied to be a holy temple site. U.S. District Judge Dee Benson declined to grant a temporary restraining order to stop Friday's hearing, but promised to hear arguments if a sale were to go forward. "There doesn't seem to be anything of really imminent harm," Benson said. "Bulldozers aren't moving in." FLDS members claim the reformed trust violates their First Amendment rights to freely practice their religion. They have filed a series of lawsuits in several different courts to challenge the UEP Trust and specifically block the sale of Berry Knoll to what they say is a "rival polygamous group." "What's literally at stake is the preservation of the faith itself," their attorney, Stephen C. Clark told the judge. But lawyers for the UEP say their claims are about 3 1/2 years too late. The UEP Trust was taken over by the courts in 2005 amid allegations that FLDS leadership mismanaged it by defaulting on multi-million dollar lawsuits filed by ex-members, and property and funds were being siphoned away. Read more | ||||||||||||||||||||||||||||||||||||||
| Federal judge won't intervene in sale of FLDS land | ||||||||||||||||||||||||||||||||||||||
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By John Hollenhorst KSL-TV Channel 5 Originally broadcast November 12, 2008 | ||||||||||||||||||||||||||||||||||||||
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Hundreds of polygamists descended on a Salt Lake City courthouse this afternoon to try to block the sale of FLDS land. Around 5 p.m. tody, U.S. District Judge Dee Benson said he was going to allow a hearing to proceed on Friday morning in the state court over the land-sale issue. Before the sale of that land actually closes, we can expect another hearing. The federal judge wants to make sure that there's not some constitutional issue, especially one involving religious rights. Members of the Fundamentalist Church of Jesus Christ of Latter Day Saints were trying to persuade the federal judge to stop a state judge from having a hearing on that subject on Friday. They were asking him to issue a temporary restraining order to stop that hearing, at which it's expected the judge will sign off on this proposed sale of the land. One FLDS member told KSL, "Well, it's prophesied that there would be a temple there. It's always been a place to take your children and look around and tell them what will be some day." Nearly all the land in Colorado City and Hildale is in a charitable trust that once was run by Warren Jeffs, the former FLDS leader. A state court took it over three years ago, and a special fiduciary has been administering it. Lawyers say he needs to sell the land, primarily to raise legal fees. Zachary Shields, attorney for the trust fiduciary, said, "Because the trust is in desperate need of funds to continue its operations. It's under attack from all sides. It needs to be able to defend itself." The Utah courts seized the trust in 2005 after allegations that church leaders had mismanaged its funds.
E-mail: hollenhorst@ksl.com | ||||||||||||||||||||||||||||||||||||||
| Battle Underway In A Utah Polygamist Town | ||||||||||||||||||||||||||||||||||||||
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By Rod Decker KUTV Channel 2 Originally broadcast Thursday, November 13, 2008 | ||||||||||||||||||||||||||||||||||||||
| In St. George Friday, a judge will decide whether to sell the FLDS temple lot to pay lawyers' fees. The property of the FLDS Church and the homes of the members were taken by the state in 2005. The state trustee wants to sell property to pay fees. The polygamous FLDS donate all their property to a trust set up by their church. When the former polygamous prophet Warren Jeffs would not appear in court, the State of Utah seized the trust including the homes of FLDS members. Now the lawyers and administrators are selling off the land to pay themselves millions of dollars in fees. Years ago, Dan Barlow bought 80 acres here specifically to give to the FLDS Church. Donating property is a way to live his faith. "To consecrate is like being faithful. It’s like paying tithing or fast offerings. It’s a spiritual experience," said Barlow. Now the land Barlow consecrated, many of the town businesses, and most FLDS property have been taken by the State of Utah, and are now administered by Bruce Wisan, a state-appointed trustee, and his lawyers. Mr. Wisan declined to talk to us for this story. The temple long expected will be built on Berry Knoll by willing hands erected to serve Jehovah's will. Part of that land was Berry Knoll, sung about as a temple site in FLDS hymns. "This has always been an historical, sacred place," said Barlow. Read more | ||||||||||||||||||||||||||||||||||||||
| Judge to hear arguments in sect land sale dispute | ||||||||||||||||||||||||||||||||||||||
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Standard-Examiner - Ogden, Utah Originally published November 14, 2008 | ||||||||||||||||||||||||||||||||||||||
| ST. GEORGE, Utah (AP) — A judge is scheduled to hear arguments Friday over whether to sell a parcel of land that a polygamous church has designated for a temple. The 700-plus-acre Berry Knoll is held in the United Effort Plan Trust, a land trust that is the charitable arm of the Fundamentalist Church of Jesus Christ of Latter Day Saints. The $110 million property trust was taken over by the Utah courts in 2005 after allegations of mismanagement. Now a court-appointed fiduciary wants to sell it to pay millions of dollars in legal fees. The FLDS have collected more than 4,000 signatures on a petition asking 3rd District Judge Denise Lindberg not to approve the sale. The sect claims their religious practices have been violated by secular control of the trust. | ||||||||||||||||||||||||||||||||||||||
| FLDS land sale goes before top court today | ||||||||||||||||||||||||||||||||||||||
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By Ben Winslow Deseret News Originally published Friday, Nov. 14, 2008 | ||||||||||||||||||||||||||||||||||||||
| The Utah Supreme Court refused to halt a hearing scheduled for today on the proposed sale of more than 700 acres that members of the Fundamentalist LDS Church claim is a holy temple site. In a ruling handed down late Thursday, the state's highest court also temporarily put a halt to a judge's earlier order disqualifying the Salt Lake City law firm that represents members of the polygamous sect challenging reforms to the United Effort Plan Trust. "The court intends to conduct a hearing regarding the petition's specific challenges to the district court's rulings," Utah Supreme Court Chief Justice Christine Durham wrote. A judge in Salt Lake City's 3rd District Court disqualified Snow, Christensen & Martineau because they once represented the FLDS Church and the trust itself. "It's a nice victory," attorney Rod Parker said late Thursday. "We want to sit down with the legal team and analyze what it allows us to do and what would be appropriate and not appropriate." Hundreds of FLDS faithful are expected to appear in a St. George court on Friday to challenge the proposed sale of Berry Knoll, a piece of farmland on the Utah-Arizona border. The court-appointed special fiduciary of the UEP Trust wants to sell it to pay off debts and has accused the FLDS of engaging in a coordinated legal attack to starve the trust of money. Read more | ||||||||||||||||||||||||||||||||||||||
| Large crowd gathers for polygamy-related hearing | ||||||||||||||||||||||||||||||||||||||
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The Spectrum Originally published November 14, 2008 | ||||||||||||||||||||||||||||||||||||||
| A hearing this morning is drawing hundreds of people, presumably from the polygamist communities of Hildale and Colorado City, to the 5th District Courthouse in St. George. State-appointed accountant Bruce Wisan manages the Fundamentalist Church of Jesus Christ of Latter Day Saints' United Effort Plan Trust and wants to sell the 770-acre parcel of trust land in northern Arizona known as Berry Knoll to pay trust management bills. Representatives for Wisan have said it's too late for the FLDS to object to Wisan's management of the trust. They argue opponents should have come forward in 2005, when the state first took control of the trust after allegations of mismanagement against church leaders, including Warren Jeffs. The trust holds an estimated $110 million in communal property. On Wisan's watch, legal documents that formed the trust have been retooled. Under the newly formed trust, its beneficiaries, including current and former church members, could seek private ownership of their homes or property either through holding a deed outright, or by placing the assets in a family trust. The FLDS contend, however that the new trust prevents them from returning the asset to the church. For more on this story, please check back for updates and see tomorrow's print edition of The Spectrum & Daily News. | ||||||||||||||||||||||||||||||||||||||
| Judge halts hearing over proposed FLDS land sale | ||||||||||||||||||||||||||||||||||||||
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By Nancy Perkins Deseret News Originally published Friday, Nov. 14, 2008 | ||||||||||||||||||||||||||||||||||||||
| ST. GEORGE — In a surprise move Friday morning, 3rd District Judge Denise Lindberg abruptly halted a hearing over the proposed sale of Berry Knoll, which is more than 700 acres of FLDS farmland on the Arizona/Utah border. Lindberg said she was acting on the recommendation from the Utah Attorney General's Office that the dispute should be worked out among the parties absent a judicial ruling. There should be an effort made, she added, to achieve a global resolution. "I am not going to take action today one way or another but I do expect a show of good faith that we seek demonstrative movement forward and that this not drag out. I am imploring all interested parties ... .to try to reach out and establish a dialogue where it has broken down." Hundreds of FLDS turned out in the St. George court on Friday to challenge the proposed sale. The court-appointed special fiduciary of the UEP Trust wants to sell it to pay off debts and has accused the FLDS of engaging in a coordinated legal attack to starve the trust of money. In 2005, the UEP Trust was taken over by the courts over allegations that FLDS leaders mismanaged it by defaulting on lawsuits and siphoning property away from it. The $110 million UEP Trust controls homes and property in the FLDS communities of Hildale, Utah, and Colorado City, Ariz. The trust was reformed, doing away with the communal property concept in favor of private property ownership. After 3 1/2 years of silence, FLDS members are launching legal challenges to the trust reforms claiming the reformed trust violates their religious freedom rights. Lawyers for the court-appointed special fiduciary over the UEP Trust argue church members are too late to challenge the reforms because they refused repeated pleas for input in the reform process. | ||||||||||||||||||||||||||||||||||||||
| Attorneys to negotiate polygamy-related land sale | ||||||||||||||||||||||||||||||||||||||
| Court placed in recess to allow for more talks | ||||||||||||||||||||||||||||||||||||||
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The Spectrum Originally published November 14, 2008 | ||||||||||||||||||||||||||||||||||||||
| A court hearing to decide whether land that belonged to the Fundamentalist Church of Jesus Christ of Latter Day Saints should be sold has been recessed so that the opposing attorneys can try to work out an agreement. State-appointed accountant Bruce Wisan manages the FLDS’ United Effort Plan Trust and wants to sell the 770-acre parcel of trust land in northern Arizona known as Berry Knoll to pay trust management bills. The trust holds an estimated $110 million in communal property. On Wisan’s watch, the newly formed trust, its beneficiaries, including current and former church members, could seek private ownership of their homes or property either through holding a deed outright, or by placing the assets in a family trust. The FLDS contend, however that the new trust prevents them from returning the asset to the church. Approximately 1,000 members of the FLDS church crowded the courthouse today for the hearing. The building's front lawn and lawn across the street had filled with people by 8:30 a.m. Many were texting on cell phones, while others took to more traditional pastimes like reading or knitting. Read more | ||||||||||||||||||||||||||||||||||||||
| Judge continues hearing on sale of UEP land | ||||||||||||||||||||||||||||||||||||||
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By Nancy Perkins Deseret News Originally published Friday, Nov. 14, 2008 | ||||||||||||||||||||||||||||||||||||||
| ST. GEORGE — A global resolution of more than a dozen lawsuits involving the FLDS church could be resolved within months and ultimately pave the way for the polygamous sect to regain control of some of its communal trust property along the Utah/Arizona border. Third District Court Judge Denise Lindberg, who traveled to St. George on Friday for a hearing on the proposed sale of 700-plus acres of United Effort Plan Trust land, instead postponed the hearing to "give everybody a bit of breathing room." More than 2,500 FLDS members showed up at the 5th District Courthouse for the hearing, lining nearby streets and setting up camp chairs on the patio in front of the building. Members of the FLDS faith believe the land, also known as Berry Knoll, is sacred ground consecrated for a future temple site. Lindberg said her decision to halt the sale of the Berry Knoll property came after meeting in chambers with attorneys on both sides of the issue. "Contrary to what I thought would happen, I am going to recess this hearing. I'm not going to take action today one way or another," the judge said, following a delay of nearly an hour. "I do expect a show of good faith, that we see demonstrative movement forward, and that this not drag out. I implore all interested parties to try and reach out in good faith and establish dialogue where it has broken down." Read more | ||||||||||||||||||||||||||||||||||||||
| Surprise Victory For FLDS At St. George Court | ||||||||||||||||||||||||||||||||||||||
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Reported by: Rod Decker KUTV 2News Originally broadcast November 14, 2008 | ||||||||||||||||||||||||||||||||||||||
| A surprise victory for the polygamist FLDS was won today in a St. George courtroom. A hearing was scheduled on whether a state trustee would sell FLDS land to pay some $3 million dollars in administrative and legal fees. But the hearing was cancelled at the last minute when representatives of Utah Attorney Generals Office disapproved the sale, allowing the FLDS members to keep the land as they want it. "I’m just glad I was here to see the will of our heavenly father done," said one FLDS woman, who declined to give her name. About 700 FLDS men, women and children came to the hearing in support of keeping the land. They were not admitted to the courthouse, but stood outside on the plaza. FLDS hold their homes and land in a trust controlled by their church. In 2005 the state of Utah took over the trust because FLDS prophet Warren Jeff refused to come to court. State trustee Bruce Wisan, wants to sell land to pay fees to himself and trust lawyers. Now, the sale will not take place and the fees will have to be negotiated. | ||||||||||||||||||||||||||||||||||||||
| Sale of FLDS land on hold | ||||||||||||||||||||||||||||||||||||||
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By John Hollenhorst and Andrew Adams KSL-TV Channel 5 Originally broadcast November 14, 2008 | ||||||||||||||||||||||||||||||||||||||
| The FLDS people are claiming victory today because a judge in St. George halted a land sale that had them fired up. Whether they'll get what they want in the long run remains to be seen, but just by speaking up, they changed the legal equation and pushed the court to change direction. It's ironic that the FLDS came to court, even if only one had come instead of thousands. For years, the courts tried to get them to come, and they refused. Warren Jeffs' legal advice to his followers was always "answer them nothing." So even as lawsuits threatened all their assets, the FLDS never came to court. With default judgments looming, the courts took control of the United Effort Plan (UEP)land trust, which owns most FLDS land and homes. A court-appointed official negotiated a settlement of the lawsuits. This week, as he moved toward selling some of the land to raise legal fees, FLDS members finally responded in a blur of court filings and mob scenes. FLDS spokesman Willie Jessop said, "You know, there's many people here that are facing eviction from their homes. I'm certainly facing the eviction with all my cows off the property, and this affects everybody in this crowd." Read more | ||||||||||||||||||||||||||||||||||||||
Video Courtesy of KSL.com | ||||||||||||||||||||||||||||||||||||||
| Hearing on sale postponed; FLDS optimistic | ||||||||||||||||||||||||||||||||||||||
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BY DAVID DEMILLE The Spectrum Originally published November 15, 2008 | ||||||||||||||||||||||||||||||||||||||
| ST. GEORGE - More than 1,000 members of the Fundamentalist Church of Jesus Christ of Latter Day Saints gathered outside the 5th District Courthouse in St. George on Friday for a scheduled hearing on the proposed sale of a parcel of land they consider sacred. Members of the polygamous sect, made famous during the trial of former leader Warren Jeffs, filled the courtroom and lined the streets outside anticipating a long day of testimony. The crowds didn't have to wait long before news came that the case had been continued amid hopes that attorneys on both sides could reach some understanding outside the courtroom. State-appointed accountant Bruce Wisan manages the FLDS' United Effort Plan Trust, and had planned to sell more than 700 acres of Trust land in northern Arizona known as Berry Knoll to help pay Trust management bills. Sect members say the property has historical religious significance and has been prophesied as a future temple site. Managers say the trust is some $2 million in debt, and Wisan and his attorneys haven't been paid in more than a year. Wisan was appointed three years ago to manage the UEP Trust, which includes an estimated $110 million worth of property in the Hildale and Colorado City areas, where most residents are FLDS members. The state formed the Trust in 2005 amid allegations of mismanagement by FLDS leaders. For three years, sect members were silent about the makeup of the Trust, but now they say their religious freedoms have been violated, and attorneys for the sect have challenged the Trust. The proposed purchaser is a rival religious sect. Read more | ||||||||||||||||||||||||||||||||||||||
| Hearing canceled in FLDS sect land sale dispute | ||||||||||||||||||||||||||||||||||||||
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By Jennifer Dobner The Associated Press Provo Daily Herald Originally published Saturday, 15 November 2008 | ||||||||||||||||||||||||||||||||||||||
| ST. GEORGE -- A judge paused on Friday a 3-year-old fight over land in a polygamous church trust so the parties can try to negotiate a settlement outside of court. Forged by the Utah attorney general's office, the agreement calls for an immediate halt to nearly a dozen lawsuits in state and federal courts involving the United Effort Plan Trust, the charitable arm of the Fundamentalist Church of Jesus Christ of Latter Day Saints. A settlement -- which attorneys predict could be reached within weeks -- could pave the way for the FLDS to regain control of trust land that has been under state control since 2005. Judge Denise Lindberg said the parties are showing a good-faith effort to resolve issues related to the trust. "The best thing that I can do for you today is to give you that space," said Lindberg, a judge from the 3rd District who scheduled the hearing in southern Utah's 5th District so church members could have easier access to the court. A hearing had originally been scheduled for Lindberg to consider whether court-appointed fiduciary Bruce Wisan could sell a 700-plus-acre parcel from the $110 million communal property trust to pay legal and management fees. FLDS church members sued unsuccessfully to try to stop the hearing. They also hoped to block the sale of the parcel -- called Berry Knoll -- in northern Arizona that had been designated for a future temple site. That sale is now on hold. "Absolutely, it's a huge victory," FLDS spokesman Willie Jessop said Friday outside the 5th District courthouse in St. George where more than 2,500 members of the FLDS church gathered to await a decision. More than 4,000 church members had signed a petition asking Lindberg not to approve the Berry Knoll sale. Read more | ||||||||||||||||||||||||||||||||||||||
| Settlement talks begin over FLDS trust | ||||||||||||||||||||||||||||||||||||||
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By Ben Winslow Deseret News Originally published Wednesday, Nov. 19, 2008 | ||||||||||||||||||||||||||||||||||||||
| Lawyers in the ongoing legal battle over the United Effort Plan Trust have begun meeting in an effort to end a legal war over the Fundamentalist LDS Church's real estate-holdings arm. The Utah Attorney General's Office, lawyers for the court-appointed special fiduciary and members of the advisory board for the UEP Trust met in Salt Lake City on Wednesday to begin talking about crafting a proposed settlement. Lawyers for FLDS members suing the trust were not there, but will be approached with their ideas soon. "We don't have any proposal yet, but we've got some parameters," said Jeffrey L. Shields, attorney for UEP fiduciary Bruce Wisan. "We're in good faith going to try to resolve this." Talks of a settlement came to light as a hearing was supposed to begin on Friday in St. George over the proposed sale of 711-acres of farmland on the Utah-Arizona border. Some FLDS members sued to stop the sale of Berry Knoll, which they claim is a holy temple site. After 3 1/2 years of refusing to deal with Wisan or the courts, FLDS members have broken their silence in a series of lawsuits challenging the reform efforts. Some of those lawsuits accuse the court-controlled UEP Trust of violating FLDS members' religious freedom rights by not allowing them to give their property over to the church. The announcement of settlement talks has put those lawsuits on hold temporarily. Read more | ||||||||||||||||||||||||||||||||||||||
| FLDS trust settlement talks begin | ||||||||||||||||||||||||||||||||||||||
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By Ben Winslow Deseret News Originally published Wednesday, Nov. 26, 2008 | ||||||||||||||||||||||||||||||||||||||
| Lawyers for Fundamentalist LDS Church members, the Utah Attorney General's Office and the court-controlled United Effort Plan Trust have begun settlement talks. Attorneys met Wednesday in Salt Lake City to begin a dialogue over how to resolve the ongoing legal war over the FLDS Church's real estate arm, which is now under court control. "There seems to be a sense of trying to reach the same goal and that is to try to limit the legal costs so that properties are protected and there are assets left to be used by the people who created it," Utah Attorney General's spokesman Paul Murphy said after the meeting ended. All sides will start drafting proposed settlements and then will begin negotiating over the terms. Murphy characterized the meeting as one where "all sides were willing to work in good faith." "We really look at this as a chance for mediation and that everyone, whether they are FLDS or former FLDS, everyone's rights are protected," he said. Read more | ||||||||||||||||||||||||||||||||||||||
| Non-FLDS decry campaign of intimidation | ||||||||||||||||||||||||||||||||||||||
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Reported by: Brent Hunsaker ABC 4 News Originally broadcast December 1, 2008 | ||||||||||||||||||||||||||||||||||||||
| COLORADO CITY, Arizona (ABC 4 News) - What would you do if someone called you or knocked on door saying, "Get out of your house – leave. You have two weeks." Preposterous, Right? You’d probably slam the door or hang up the phone. But the preposterous is happening to a growing number of non-FLDS people living in the polygamist border towns of Colorado City, Arizona and Hildale, Utah. They tell ABC 4 News they’re being targeted in a deliberate campaign of intimidation. The object: To get them out of their houses and out of town. Stephanie Colgrove was born and raised in the community and brought her family back to live a few years ago. She’s gotten calls and visits. At one point, 20 people showed up at her door to clean up the house and yard for the next occupant. But she has no intention of going anywhere, "This is ridiculous for them to say, ‘This is our town.’ I grew up here. My roots are here. This is my town too." Isaac Wyler got also got a visit from someone demanding he move out. When he responded that he had an occupancy agreement from the court-appointed administrator of the United Effort Plan, the response was essentially, "So what?" Remembering the encounter he said, "These guys are getting aggressive as all get out. He said, ‘I don’t recognize the court, I don’t recognize the judge.'" Read more | ||||||||||||||||||||||||||||||||||||||
| UPDATE: Vandalism follows ABC 4's story about harrassment in Colorado City | ||||||||||||||||||||||||||||||||||||||
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Reported by: Brent Hunsaker ABC 4 News Originally broadcast December 2, 2008 | ||||||||||||||||||||||||||||||||||||||
| COLORADO CITY, Arizona (ABC 4 News) - Our story Monday night from Colorado City stirred things up, but changed little. Monday we talked to people who said the FLDS are harassing them – trying to run them out of town by vigilante evictions. Here’s the background: The United Effort Plan trust owns all of the land and homes in the border towns of Hildale and Colorado City. During the last several years some of the homes were abandoned as the most-faithful followers of Warren Jeffs were "called" to move to the ranch in Eldorado, Texas or some other compound belonging to the group. Apparently things didn’t quite work out, because some of those people have returned to Colorado City and are demanding the people now living in those abandoned homes get out. In other cases people say they are harassed simply because they’re newcomers who are trying to take over half-completed, vacant homes, or because they’re trying to plow and plant UEP fields that have grown nothing but weeds over the last few years. That brings us to Tuesday. Not long after the story aired, one of the homes we featured was vandalized. Someone kicked in the side door knocking it off it’s frame and hinges. When Matt and Genevive Hainline discovered the damage they called the town’s Marshal. But the deputy was more interested in again challenging the Hainlines' right to be at the house, rather than finding the person responsible for the damage. Read more | ||||||||||||||||||||||||||||||||||||||
| Watch Brent's live coverage of this story above | ||||||||||||||||||||||||||||||||||||||
| Utah Supreme Court | ||||||||||||||||||||||||||||||||||||||
| Oral Argument Calendar | ||||||||||||||||||||||||||||||||||||||
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Location: Salt Lake City Wednesday, December 3, 2008 11:00 am | ||||||||||||||||||||||||||||||||||||||
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| Committee considers mediating FLDS/ex-FLDS divide | ||||||||||||||||||||||||||||||||||||||
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By Ben Winslow Deseret News Originally published Thursday, Dec. 4, 2008 | ||||||||||||||||||||||||||||||||||||||
| There may be a stand-down in the litigation over the United Effort Plan Trust, but some who live in the fundamentalist border communities of Hildale, Utah, and Colorado City, Ariz., don't feel that way. "Warren's people do not recognize the judge's stand down," Stephanie Colgrove, a former member of the Fundamentalist LDS Church, said of sect leader Warren Jeffs' followers. Colgrove was one of several ex-FLDS members who went to the meeting of the Safety Net Committee in St. George on Thursday to complain about how they are being treated by members of the polygamous sect. She said she signed an agreement to occupy a Hildale home on UEP land that was abandoned by an FLDS member, who showed up on her doorstep a few weeks ago to demand it back. Others also said they have been told to get out. "I don't need to have to be worried that somebody's going to come knock down the door and start packing up my stuff," Colgrove told the committee. Some complained about harassment by FLDS members and vandalism over property issues. Andrew Chatwin said he tried to take his sick boy to a pair of FLDS-run clinics for help. He was turned away. "They offered an ambulance service. That was the only thing they offered," he said. "Their argument is their practice is full." Read more | ||||||||||||||||||||||||||||||||||||||
| Shurtleff meets with FLDS Church members | ||||||||||||||||||||||||||||||||||||||
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By Ben Winslow Deseret News Originally published Thursday, Dec. 18, 2008 | ||||||||||||||||||||||||||||||||||||||
| HILDALE, Washington County — Utah Attorney General Mark Shurtleff traveled here for a historic meeting with members of the Fundamentalist LDS Church in an effort to help negotiate an end to lawsuits over the polygamous sect's real-estate holdings arm. "I couldn't be happier than to have the chance to talk with FLDS members face-to-face," he told the Deseret News as he wrapped up the tour on Thursday. Shurtleff and members of his staff were escorted around Hildale and neighboring Colorado City, Ariz., by FLDS member and church spokesman Willie Jessop, who was accompanied by other members and attorneys. They visited a farm, a medical clinic and a manufacturing facility. Some of those sites are caught up in the massive litigation over the United Effort Plan Trust. As they drove around, children played happily in the snow, sledding and throwing snowballs. Both sides sat down to face each other during a lunch at a company owned by Jessop. "If people are working off of bad intelligence, then everybody makes presumptions and gets into things that are very difficult to get out of," Jessop said. "We're excited because we feel like it's the first time we feel like we have the opportunity to provide something besides a perspective of only hate groups against us." Jessop sought a meeting with Shurtleff shortly after the April raid on the FLDS Church's YFZ Ranch in Texas, where hundreds of children were taken into state custody in an abuse investigation. The attorney general initially rebuffed Jessop until urged to meet by attorneys involved in settlement talks over the UEP Trust. Shurtleff described this week's meetings as "very good, very positive." Read more | ||||||||||||||||||||||||||||||||||||||
| Utah AG tours polygamous sect border towns | ||||||||||||||||||||||||||||||||||||||
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The Associated Press Provo Daily Herald Originally published Saturday, 20 December 2008 | ||||||||||||||||||||||||||||||||||||||
| HILDALE -- Utah Attorney General Mark Shurtleff spent two days this week touring twin border towns run by a polygamous sect as part of an effort to resolve a dispute over the group's communal property trust. Shurtleff toured a farm in Beryl, Utah, on Wednesday and the communities of Hildale, Utah, and Colorado City, Ariz., on Thursday. The communities are home to members of the Fundamentalist Church of Jesus Christ of Latter Day Saints. The land and homes in each town are held by the United Effort Plan Trust, the property trust of the FLDS church. Shurtleff's office sought control of the trust in 2005, after allegations of mismanagement by church leaders. A court-appointed accountant has managed it since and sold off some land to pay for administrative and legal fees. The trust holds only property and has no cash accounts. The sides are now in talks aimed at resolving lawsuits and ownership issues that that will preserve the communities. The negotiations began last month just as accountant Bruce Wisan sought court permission to sell Berry Knoll, a parcel of grazing and farm land in northern Arizona the FLDS had designated as the future site of religious temple. Previously, the FLDS had observed a silent protest of the takeover by actively ignoring Wisan's authority to manage the trust. Shurtleff's office is playing a key role in the negotiations. Read more | ||||||||||||||||||||||||||||||||||||||
| It will be expensive, and guess who will foot much of the bill? | ||||||||||||||||||||||||||||||||||||||
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By Daphne Bramham Vancouver Sun Originally published January 9, 2009 | ||||||||||||||||||||||||||||||||||||||
| With the arrest of two religious leaders from the fundamentalist Mormon community of Bountiful for practising polygamy, British Columbia began a long, complicated and expensive court battle that will almost certainly end up in the Supreme Court of Canada. Winston Blackmore -- the sometimes snarly, mostly cherubic face of Canadian polygamy -- issued a statement Thursday describing his arrest as religious persecution. Blackmore has long argued that practising polygamy is his religious right. Both he and James Oler are fundamentalist Mormons who follow all of the revelations of the religion's founder Joseph Smith including plural marriage, which was banned by the mainstream church in 1890. Oler has never spoken publicly. However, he is the Canadian bishop of the Fundamentalist Church of Jesus Christ of Latter Day Saints, which tried making the argument that polygamy is protected by the constitutional guarantee of religious freedom in the United States in 2006. The U.S. Supreme Court refused to hear the case. And while the men share similar beliefs, they will have separate defence teams since Blackmore, the former bishop, was excommunicated by the FLDS in 2002. Read more | ||||||||||||||||||||||||||||||||||||||
| Ex-FLDS drafting settlement plan over trust | ||||||||||||||||||||||||||||||||||||||
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By Ben Winslow Deseret News Originally published Thursday, Jan. 15, 2009 | ||||||||||||||||||||||||||||||||||||||
| Non-members of the Fundamentalist LDS Church are coming up with their own plans to settle the legal war over the polygamous sect's real-estate holdings arm. They're expected to unveil those plans at a meeting scheduled for 6 p.m. Friday in Centennial Park, Ariz. It's mostly a group of people together to show the attorney general's office that there is a large group that is not represented by the FLDS," said Katie Cox, a member of the United Effort Plan Trust's advisory board, which has also crafted its own proposal. Proposals are coming in as lawyers representing the FLDS Church, the court-appointed special fiduciary of the UEP Trust, and the attorney generals of Utah and Arizona are involved in settlement talks. Ex-FLDS members and non-members who also have a stake in the land are expressing concern that their ideas may be shut out. "They (the FLDS) say they were not given a voice. They were abandoning the place right and left. Is that our fault? No, it's not," said Michelle Chatwin, whose husband, Andrew, is an ex-FLDS member. "Should we pay the price for it? No, we shouldn't." The UEP Trust, which controls homes and property in the twin communities of Hildale, Utah, and Colorado City, Ariz., was taken over by the courts in 2005 over allegations it had been mismanaged by FLDS leaders. A judge appointed a special fiduciary, Bruce Wisan, to manage it and signed a reform plan, doing away with the communal property nature of the trust in favor of private property ownership. For years, FLDS members were largely silent, but have recently made a series of legal challenges — arguing that the reformed trust violates their rights to freely practice their religion. When the fiduciary sought to sell farmland in Colorado City to pay debts, members sued arguing the land was prophesied to be a temple site. A "stand down" was announced just before a hearing on the land sale and both sides began settlement talks. Utah Attorney General Mark Shurtleff recently traveled to Hildale to meet with FLDS members, who are expected to submit their own proposal. Read more | ||||||||||||||||||||||||||||||||||||||
| BREAKING NEWS: Jeffs' daughter dropped from FLDS civil investigation | ||||||||||||||||||||||||||||||||||||||
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By Paul A. Anthony San Angelo Standard-Times Originally published February 3, 2009 | ||||||||||||||||||||||||||||||||||||||
| The 17-year-old daughter of Warren Jeffs has been dropped from the state's civil investigation into alleged abuse in the polygamous sect led by her father. The girl, a member of the Fundamentalist Church of Jesus Christ of Latter-Day Saints, is described in sect documents as being married to a then-34-year-old man the day after her 15th birthday. The order was filed Monday and signed by 51st District Judge Barbara Walther, making the girl the 436th of 439 children in the case to be nonsuited by the state's Child Protective Services agency. It removes from the investigation one of the case's main focal points - a girl who has been held up both as a symbol of the alleged sexual abuse that took place at the Schleicher County compound and as an example of what opponents of the April raid on the YFZ Ranch describe as state excess. "I can't figure out what they're doing or where they're coming from," said the girl's attorney, Natalie Malonis, referring to CPS and noting documents the agency filed in December describing what it alleged was an abusive home environment. "I'm not really sure what happened between December and Feb. 1 or 2." Read more | ||||||||||||||||||||||||||||||||||||||
| End to FLDS land fight looms | ||||||||||||||||||||||||||||||||||||||
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By Ben Winslow Deseret News Originally published Tuesday, Feb. 10, 2009 | ||||||||||||||||||||||||||||||||||||||
| A resolution to the legal war over the Fundamentalist LDS Church's real-estate holdings in Utah and Arizona may be reached by the end of this month. Utah Attorney General Mark Shurtleff said a proposed settlement for the United Effort Plan Trust is being floated among lawyers for all sides. It would divide up the land and ensure that those who want titles to property in the polygamous communities of Hildale, Utah, and Colorado City, Ariz., will get them. However, Shurtleff concedes that he can't stop FLDS faithful from turning around and consecrating their land to the church. "If I give them a deed to their home and they want to give it back to the church, I can't stop them from doing that," he told the Deseret News on Monday. The UEP Trust, which controls homes, businesses and property in the FLDS communities, was taken over by the courts in 2005 over allegations that polygamous sect leader Warren Jeffs and other FLDS leaders mismanaged it. FLDS members were largely silent as reforms were enacted by the courts. Last year, members filed a series of challenges, including a federal lawsuit that argued the reformed trust infringed upon their right to practice their religion and consecrate their property to the church. "Giving their property over to the church is a religious principle just as much as Mormons believe in tithing," Shurtleff said. "Does the government have the right to tell them they can't live their principles?" Attorney Jim Bradshaw, who represents FLDS members, said his clients appreciated the attorney general's recognizing their right to practice their faith. Bradshaw said they were hopeful about a settlement. "I think we're cautiously moving forward," he said Tuesday. "There's a lot of work still to be done." Read more | ||||||||||||||||||||||||||||||||||||||
| FLDS trust sues former child bride's family | ||||||||||||||||||||||||||||||||||||||
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By Ben Winslow Deseret News Originally published Friday, Feb. 13, 2009 | ||||||||||||||||||||||||||||||||||||||
| The man in charge of the court-controlled United Effort Plan Trust has filed a lawsuit against the family of the former child bride who was the star witness in the criminal case against Fundamentalist LDS Church leader Warren Jeffs. It's in response to a personal injury lawsuit filed by Elissa Wall over her marriage at age 14 to her 19-year-old cousin. Bruce Wisan's attorneys filed a third party complaint naming members of Wall's family, her former spiritual leaders and even her former husband, Allen Steed. "UEP Trust denies that it is liable to plaintiff, or that it has caused or contributed to damages alleged in the complaint," attorney Jeffrey L. Shields wrote in court documents filed in Salt Lake City's 3rd District Court last month. However, they claim that if the trust is found liable, they will be going after Wall's family, former husband and former UEP trustees for damages. "We do not feel the trust has any liability and we are going to go to the mat," Wisan told the Deseret News on Friday. Lawyers for Wall disagree. "They're just trying to point the fingers to others," Roger Hoole said. Read more | ||||||||||||||||||||||||||||||||||||||
| CRIMINAL DAMAGE/CRIMINAL TRESPASSING – COLORADO CITY (ARIZONA STRIP) | ||||||||||||||||||||||||||||||||||||||
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Tom Sheahan, Mohave County Sheriff MCSO PRESS RELEASE Originally published March 4, 2009 | ||||||||||||||||||||||||||||||||||||||
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Mohave County Sheriff’s deputies arrested Richard Clarence Jessop, 37, and Thomas L Jessop, 21, both of Colorado City, Tuesday (3/3) afternoon. Richard Jessop was arrested for criminal damage, felony, and criminal trespassing, misdemeanor. Thomas Jessop was arrested for criminal trespassing, misdemeanor. Late Monday (3/2) evening, at about 11:30 p.m., dispatch informed MCSO deputies of trespassing in progress at a farm off of Airport Road. MCSO deputies contacted the reporting party.
The reporting party said that around 11:00 p.m., he observed people plowing and tilling his fields. The reporting party further said that an Officer from the Colorado City Marshal’s Office responded and he told the subjects to stop using the tractors and to leave the area. The reporting party advised that the officer questioned him about who owned the property and he informed the officer that he leased the property. The reporting party further advised that the officer appeared to be more concerned about the court order rather than the criminal act that was taking place. The victim stated that the Colorado City Marshal’s officer failed to do their job and that’s when he called Mohave County Sheriff’s Office. During a follow-up investigation, MCSO deputies responded to the farm Tuesday (3/3) afternoon and contacted the reporting party. The reporting party estimated damage to his crops was well over $10,000. Read more | ||||||||||||||||||||||||||||||||||||||
| Arrests could put FLDS 'stand down' in question | ||||||||||||||||||||||||||||||||||||||
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By Ben Winslow Deseret News Originally published Wednesday, March 4, 2009 | ||||||||||||||||||||||||||||||||||||||
| The ongoing feud over land in the polygamous border towns of Hildale, Utah, and Colorado City, Ariz., has now led to the arrests of two members of the Fundamentalist LDS Church and placed a "stand-down" on litigation over the United Effort Plan Trust in jeopardy. Mohave County sheriff's deputies were called about someone plowing over a field on a swath of farmland known as Berry Knoll about 11:30 p.m. Monday. The man who called claimed that his fields were being plowed over. Shane Stubbs told sheriff's deputies he had leased those fields from the court-appointed special fiduciary of the UEP Trust. When police were called again on Tuesday, deputies arrested Richard Clarence Jessop, 37, for investigation of felony criminal damage and misdemeanor criminal trespass. Mohave County sheriff's spokeswoman Trish Carter said when deputies were on scene investigating, Jessop and another man started up tractors and started plowing again. "He was very uncooperative," she said. "He would not turn the engine off. He would not say who he was. He was taken into custody." Jessop was booked into the Mohave County Jail. Thomas L. Jessop, 21, the driver of the other tractor, was arrested for misdemeanor trespassing, cited and later released, Carter said. But FLDS spokesman Willie Jessop said they have the right to farm that land and no one has shown them that the land had been leased to someone else. "It's the church's land," he told the Deseret News on Wednesday. "They've been farming it for 30 years. When did they get terminated for being on it?" Read more | ||||||||||||||||||||||||||||||||||||||
| FLDS members arrested after tractor rampage | ||||||||||||||||||||||||||||||||||||||
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By JAYNE HANSON Today's News-Herald - Lake Havasu City, Arizona Originally published Wednesday, March 4, 2009 | ||||||||||||||||||||||||||||||||||||||
| COLORADO CITY — Two members of the Fundamentalist Church of Jesus Christ of Latter Day Saints were arrested Tuesday when they allegedly violated a state trust agreement after they trespassed on old family land and plowed under a young crop of winter wheat. Richard C. Jessop, 37, and Thomas L. Jessop, 21, both of Colorado City, were arrested by Mohave County Sheriff’s Office deputies for their alleged involvement in a tractor rampage on a plot of land in the Colorado City area causing an estimated $10,000 damage to winter wheat crops, according the MCSO. Richard Jessop was arrested on charges of felony criminal damage and misdemeanor criminal trespassing and Thomas Jessop was arrested on a charge of misdemeanor criminal trespassing. The incident began Monday night at approximately 11:30 p.m. when the reporting party, who the sheriff’s office decline to identify, contacted Colorado City Marshal’s Office in regard to his observance of two tractors plowing and tilling his fields in the night, the MCSO said. Apparently the Colorado City Marshal’s Office officer told the Jessop’s to leave, the press release said. The reporting party reported the Colorado City Marshal’s Office officer was more concerned with the court order than with the criminal activity at hand. It was after that the reporting party contacted MCSO to intervene in the situation, a MCSO press release said. The Salt Lake Tribune’s blog "Plural Life" by Brook Adams reported the land in question was farmed by the Jessop family in the early 1970s and was part the FLDS’s United Effort Plan Trust, which controls property, homes and businesses in Colorado City and Hildale, Utah. Read more | ||||||||||||||||||||||||||||||||||||||
| Probation ordered in FLDS trespassing case | ||||||||||||||||||||||||||||||||||||||
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The Associated Press Deseret News Originally published Wednesday, April 1, 2009 | ||||||||||||||||||||||||||||||||||||||
| An Arizona judge has sentenced an employee of a property trust to probation for trespassing on homes in the polygamous community of Colorado City, Ariz. Moccasin Justice Court Judge Mitchell Kalauli on Monday ordered Isaac Wyler to serve two years probation and pay a $400 fine for entering the homes without the permission of residents. Kalauli also ordered, but suspended, 10 days of jail time, which Wyler would have to serve if he fails to complete his probation. Wyler was charged with two class 1 misdemeanor counts of criminal trespass and could have faced up to six months in jail on each count. A bench trial was held in December and Kalauli issued his ruling convicting Wyler of the charges on March 13. Wyler did not immediately return a message left at his Colorado City home on Wednesday. The properties are part of the United Effort Plan Trust, which holds the homes and land in Colorado City and Hildale, Utah. The towns are home to most members of the Fundamentalist LDS Church. The $110 million trust has been under the control of Utah courts since 2005, when a judge said church leaders had mismanaged its assets. Wyler, a former church member who continues to live in the community, works for court-appointed accountant and trust manager Bruce Wisan. Wyler has posted eviction and tax notices on homes and tried to get FLDS members to sign occupancy agreements required by Wisan. Read more | ||||||||||||||||||||||||||||||||||||||
| Peace Conference Scheduled With FLDS | ||||||||||||||||||||||||||||||||||||||
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KUTV 2News Originally broadcast April 13, 2009 | ||||||||||||||||||||||||||||||||||||||
| KUTV – A two day peace conference with polygamists is scheduled for next week. FLDS leaders, state attorneys, and others will meet in Salt Lake to discuss the return of seized property. Several years ago, Utah took the homes of polygamists in Hilldale Colorado City, and put them in a trust. But now that polygamist prophet Warren Jeffs is in prison, there is little reason for Utah to keep the homes. Utah Attorney General Mark Shurtleff warns that if the peace conference doesn’t work, the legal battle could get heated. "If this fails, there will be federal litigation and state litigation, for maybe five years. It will be a big problem" he said. Lawyers and administrators for the trust have run up about $2-million in fees and legal bills, and say they should be paid before the homes are returned. Officials hope they can reach a deal during the peace conference that will be acceptable to both sides. | ||||||||||||||||||||||||||||||||||||||
| Criminal charges filed against FLDS trust fiduciary | ||||||||||||||||||||||||||||||||||||||
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By Ben Winslow Deseret News Originally published Tuesday, April 14, 2009 | ||||||||||||||||||||||||||||||||||||||
| Criminal charges have been filed against the court-appointed special fiduciary of the Fundamentalist LDS Church's real-estate holdings arm, accusing him of criminal solicitation. Six misdemeanor charges were filed against Bruce Wisan, accusing him of soliciting one of his employees to trespass on private property in Colorado City, Ariz. Four misdemeanor counts were also filed in Moccasin, Ariz., Consolidate Court against Jethro Barlow, accusing him of the same. The charging documents were included in a recent civil filing by lawyers representing FLDS members. The charges stem from the conviction of Isaac Wyler, an ex-FLDS member who has been employed by the fiduciary to serve property tax notices in the polygamous border towns of Hildale, Utah, and Colorado City. Wyler was convicted last month of misdemeanor trespassing and placed on two years' probation for going into some homes occupied by FLDS members while attempting to serve tax notices. Calls to Wisan and his attorneys were not immediately returned on Tuesday. Court clerks in Moccasin said Wisan and Barlow would likely be issued a summons to appear. In a report to the Colorado City Council, town manager David Darger said "the charges are not merely related to isolated instances, but is a culmination of a situation spinning out of control." Read more | ||||||||||||||||||||||||||||||||||||||
| FLDS trust settlement talks begin Wednesday | ||||||||||||||||||||||||||||||||||||||
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By Ben Winslow Deseret News Originally published Monday, April 20, 2009 | ||||||||||||||||||||||||||||||||||||||
| Peace talks are scheduled to begin this week in an effort to settle the massive legal war over the Fundamentalist LDS Church's United Effort Plan Trust. "I think everyone is hopeful that a resolution will come out of the process," said Stephen Clark, an attorney representing several members of the Utah-based polygamous sect. The Utah Attorney General's Office is hosting all sides in the two-day settlement conference, which begins Wednesday and is being mediated by former federal judge Paul Cassell. The talks are the culmination of a "stand down" put in place by a judge last year to a series of lawsuits by the FLDS challenging the reforms to the UEP Trust, which controls homes, businesses and property in Utah, Arizona and in Canada. Based on the early Mormon concept of a "united order," people share property, goods and profits within the trust. They're supposed to get them back according to their wants and needs. In 2005, the state of Utah took control of the UEP Trust amid allegations that FLDS leader Warren Jeffs had been siphoning money from the "united effort" and the trustees defaulted on a series of lawsuits filed by ex-members. The judge appointed Bruce Wisan to act as special fiduciary and the trust was ultimately reformed, doing away with the communal property nature of the trust in favor of private property ownership. After years of relative silence, FLDS members fought back with a series of lawsuits challenging the trust reforms. Among their claims, the reformed trust violated their right to freely practice their religion by prohibiting them from consecrating their property to the church. When the fiduciary sought to sell farmland in Colorado City to pay off debts, members sued again arguing the land was prophesied to be a temple site. Read more | ||||||||||||||||||||||||||||||||||||||
| Polygamous church to negotiate trust settlement | ||||||||||||||||||||||||||||||||||||||
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By JENNIFER DOBNER The Associated Press The Arizona Republic Originally published April 21, 2009 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY - The parties in a years-long battle over control of a polygamous church's property trust are trying to negotiate a settlement on the assets, which were placed under state court oversight after allegations of mismanagement in 2005. Two days of meetings at the Utah State Capitol begin Wednesday. At stake is the ownership of the property and homes in the twin border towns of Hildale, Utah, and Colorado City, Ariz. The land is held by the United Effort Plan Trust, once solely administered by leaders of the Fundamentalist Church of Jesus Christ of Latter Day Saints. But four years of state intervention has changed the landscape of the communities once known as Short Creek. Court-appointed trust overseer, accountant Bruce Wisan, has altered the UEP to allow for only secular management of its assets. Other changes make way for private land ownership and allow former FLDS members who either left or were excommunicated to return to the community and claim a share of trust property. That's rankled faithful FLDS, who believe the approach violates a core tenet of their religion - the Holy United Order - which calls for the sharing of assets for the benefit of those who adhere to church teachings. Resolving those fundamental differences won't be easy. "If there were an obvious, easy solution it probably would have happened by now," Wisan said. The Utah attorney general's office said it has been discussing a possible settlement with all sides since November and has drafted an initial settlement proposal that has been shared with Wisan and the Arizona attorney general's office, which is also involved. Read more | ||||||||||||||||||||||||||||||||||||||
| Talks upbeat on polygamous sect's property trust | ||||||||||||||||||||||||||||||||||||||
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By Jennifer Dobner The Associated Press Boston Globe Originally published April 22, 2009 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY—Settlement talks in a yearslong battle for control of a polygamous church's property trust ended upbeat Wednesday evening with all sides talking and trying to work out disagreements, the mediator said. "I feel like progress has been made today and I hope more can be made tomorrow," said the mediator, University of Utah professor Paul Cassell. At stake are the assets of the United Effort Plan Trust, an arm of the Fundamentalist Church of Jesus Christ of Latter Day Saints. The trust was placed under state control in 2005 after allegations of mismanagement and holds all the land and homes in Hildale, Utah, and Colorado City, Ariz., where most church members live. A church enclave in British Columbia is also held by the trust. Talks among Utah and Arizona, the FLDS and the court-appointed accountant who oversees the trust are to resume early Thursday at the state Capitol. Also at the table are two private attorneys for a handful of former church members who have sued the trust. All the parties have agreed not to publicly discuss specific details of the negotiations. Among the issues to be resolved are how to distribute homes held in the trust, whether Hildale and Colorado City must be platted as subdivisions, how to divide undeveloped and communal properties (parks, a cemetery and a medical clinic) and how to pay some $2.6 million in outstanding bills owed to court-appointed accountant Bruce Wisan and his attorneys for trust management services. At the midpoint in negotiations Wednesday, Utah Attorney General Mark Shurtleff said he was more optimistic than at the start of the day. Read more | ||||||||||||||||||||||||||||||||||||||
| Settlement talks over property trust continue | ||||||||||||||||||||||||||||||||||||||
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By Jennifer Dobner The Associated Press Standard-Examiner - Ogden, Utah Originally published April 23, 2009 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY -- Negotiations continued Thursday in the fight for control of a trust that holds the land and homes in the Utah-Arizona border towns inhabited by members of a polygamous church. Settlement talks in the yearslong dispute over the United Effort Plan Trust began Wednesday. The trust -- an arm of the Fundamentalist Church of Jesus Christ of Latter Day Saints -- was seized by a Utah court in 2005 after allegations of mismanagement. About 10 hours of negotiations Wednesday ended upbeat with the mediator, University of Utah law professor Paul Cassell, saying he felt progress had been made. Negotiations were scheduled to end sometime Thursday. So far, the discussions have focused on housing issues, primarily whether some residents can have individual deeds and whether other properties can be jointly held by the church or in another trust. A resolution of those issues could dictate whether the twin towns -- Hildale, Utah, and Colorado City, Ariz. -- must be subdivided. Read more | ||||||||||||||||||||||||||||||||||||||
| FLDS land trust settlement talks to resume Friday | ||||||||||||||||||||||||||||||||||||||
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By Jennifer Dobner The Associated Press Deseret News Originally published Thursday, April 23, 2009 | ||||||||||||||||||||||||||||||||||||||
| Settlement talks in a years-long fight for control of a trust that holds the land and homes in the Utah-Arizona border towns inhabited by members of a polygamous church will move into a third day, a Utah assistant attorney general said. Two days of talks to resolve the dispute over the United Effort Plan Trust — an arm of the Fundamentalist Church of Jesus Christ of Latter Day Saints — began Wednesday. The trust was seized by a Utah court in 2005 after allegations of mismanagement. After more than 20 hours at the negotiating table, the sides plan to meet again Friday because they believe a settlement can be reached, Assistant Attorney General Jerry Jensen said. At the table are the states of Utah and Arizona, the FLDS Church and the court-appointed accountant, Bruce Wisan and his attorneys, who have managed the trust for nearly four years. Wisan, his attorneys and a board of former church members who serve as advisers left the talks after about 10 hours on Thursday. He said he was disappointed and frustrated and had a different take on the state of the talks. Asked where the discussions were headed, Wisan said: "Back to court. If the attorneys can get together on some issues there may well be some talks, but right now that avenue seems to be closed off." Read more | ||||||||||||||||||||||||||||||||||||||
| Polygamist leader to leave Canada for land case | ||||||||||||||||||||||||||||||||||||||
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The Canadian Press CTV British Columbia Originally published Thu Apr. 23 2009 | ||||||||||||||||||||||||||||||||||||||
| One of two Bountiful, B.C., religious leaders charged with practicing polygamy will have his passport returned so he attend a land dispute settlement conference in the United States. James Oler and Winston Blackmore made a court appearance yesterday in Cranbrook, B.C. The two leaders of the Fundamentalist Church of Jesus Christ of Latter Day Saints were charged with polygamy in January. Oler is accused of having three wives and Blackmore, 19. Lands belonging to the church were placed under the control of an independent judiciary by the governments of Utah and Arizona in 2005. Oler had been invited to attend a conference on the matter and judge agreed that he could go. He has to post a cash deposit of $40,000, which will be returned when he again surrenders his passport April 28th. The case against Oler and Blackmore has been adjourned until May 22nd in Vancouver. Blackmore's lawyer asked for the adjournment so Blackmore can request the government pay his legal expenses. He had earlier been turned down for legal aid. | ||||||||||||||||||||||||||||||||||||||
| Negotiations over polygamous church trust not over | ||||||||||||||||||||||||||||||||||||||
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By Jennifer Dobner The Associated Press Deseret News Originally published Friday, April 24, 2009 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY (AP) — A third day of talks in a battle for control of a polygamous church's property trust ended with no settlement but a promise from the parties to stay at the negotiating table. Utah Attorney General Mark Shurtleff says the parties wrangling over the United Effort Plan trust are still sorting out details of a settlement. "People feel very strongly, and some major compromises are being made on all sides," Shurtleff said Friday. "That's what I asked people to do when we started, and I'm pleased that we are as close as we are." The trust holds most of the property and homes in Hildale, Utah, and Colorado City, Ariz., where most members of the Fundamentalist Church of Jesus Christ of Latter Day Saints have traditionally lived. About 8,000 people live in the twin towns, and most are members of the church. The UEP was seized by Utah courts in 2005 after allegations of mismanagement. Court-appointed accountant Bruce Wisan has converted the religious communal trust into a secular entity. That opened the door for individual property ownership and for former members — whether they chose to leave or were excommunicated — to return to the community and claim a share of trust assets. The FLDS views Wisan's secular management of the trust as a violation of its religious rights. Sect members formed the UEP in 1942 on a principle known as the Holy United Order, which calls for the sharing of assets for the benefit of all who follow the tenets of the FLDS faith. Read more | ||||||||||||||||||||||||||||||||||||||
| Residents lobby Utah, Ariz. in sect's land fight | ||||||||||||||||||||||||||||||||||||||
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By Jennifer Dobner The Associated Press Provo Daily Herald Originally published Thursday, April 30, 2009 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY -- A handful of residents in polygamous communities on the Utah-Arizona border are voicing concern over settlement talks for control of the property trust that holds their homes. In a letter-writing campaign to the Utah and Arizona attorneys general, residents no longer connected to the Fundamentalist Church of Jesus Christ of Latter Day Saints said they fear control of the land and homes in Hildale, Utah, and Colorado City, Ariz., will go back to members of the church. "Basically there are some people here that aren't part of the religion and we're concerned that we are going to lose our homes," said Louis Bistline, who was raised in the church but left in 2006. The FLDS have long controlled the twin towns, where most of the land and homes are held in the church's United Effort Plan Trust. The UEP was formed in 1942 when members pooled their assets for the benefit of all who keep the tenets of the faith. With some exceptions, leaving the church has historically meant leaving homes and property behind. The trust was seized by the Utah courts in 2005 after Utah Attorney General Mark Shurtleff alleged church leaders had mismanaged its assets. The failure of church leaders to respond to civil lawsuits in 2004 had also left assets vulnerable to liquidation. Under the control of a court-appointed accountant, Bruce Wisan, the UEP was converted into a secular entity. The changes opened the door for individual property ownership and for former members -- whether they chose to leave or were excommunicated -- to return to the community and claim a share of the assets. Read more | ||||||||||||||||||||||||||||||||||||||
| Shurtleff fears litigation 'war' over FLDS trust | ||||||||||||||||||||||||||||||||||||||
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By Ben Winslow Deseret News Originally published Thursday, May 21, 2009 | ||||||||||||||||||||||||||||||||||||||
| All sides in the fight over the Fundamentalist LDS Church's real-estate holdings arm will meet one last time Friday in an effort to settle the legal battle. But if they're unsuccessful, Utah Attorney General Mark Shurtleff fears it will be an all-out "war." "We've got to do one more, last try at this thing," Shurtleff said in an interview with the Deseret News shortly after announcing his run for U.S. Senate. "Otherwise we'll be in litigation and those people will be at war for the next five years. This is the last time to take things into our own hands and resolve this issue without just enriching the lawyers. Hopefully, they'll do it." Last month, all sides met in an effort to negotiate a settlement to the myriad lawsuits filed over the multimillion-dollar UEP Trust, which controls homes, businesses and property in the polygamous enclaves of Hildale, Utah; Colorado City, Ariz.; and Bountiful, British Columbia, Canada. Talks went on for days but resulted in no settlement. "We're still trying," said Bruce Wisan, the court-appointed special fiduciary. The specifics of the negotiations — including the sticking points — are being kept confidential. "From our perspective the question is whether all the interested parties will confirm the major points already agreed to and move from there to hammer out the remaining details," FLDS attorney Stephen Clark said in an e-mail Thursday. "The FLDS Church is prepared to do that. Unfortunately, it seems other parties may not be as focused on moving forward and may in fact be backtracking, trying to undo the progress made and re-negotiate matters already addressed. I think it will be up to the Attorney General to show leadership in keeping the forward momentum and not allowing things to regress." Read more | ||||||||||||||||||||||||||||||||||||||
| Negotiations underway again over FLDS trust | ||||||||||||||||||||||||||||||||||||||
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The Associated Press ABC 4 News Originally published May 22, 2009 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY (AP) - Lawyers and leaders of a southern Utah polygamous church have resumed settlement talks in a lengthy battle over a land trust. The United Effort Plan trust holds most of the land and homes in Hildale, Utah and Colorado City, Ariz., the twin border towns controlled by the Fundamentalist Church of Jesus Christ of Latter Day Saints. The FLDS believe communal living is a religious principal and formed the trust to share church members' assets. The Utah courts seized the trust in 2005 after state attorneys argued that church president Warren Jeffs had mismanaged its assets. Three days of settlement talks in April ended with no deal. Talks resumed Friday. | ||||||||||||||||||||||||||||||||||||||
| Negotiations on polygamous trust hit a final snag | ||||||||||||||||||||||||||||||||||||||
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By Jennifer Dobner The Associated Press Deseret News Originally published Friday, May 22, 2009 | ||||||||||||||||||||||||||||||||||||||
| State attorneys, a court appointed fiduciary and leaders of a southern Utah polygamous church failed to wrap up a settlement Friday in a long battle over a land trust seized after allegations of mismanagement. After 10 hours of talks at the Utah Capitol, negotiators quit for the day, saying they were unable to resolve a final issue on the United Effort Plan Trust. Confidentiality rules prohibit anyone from disclosing specifics. "It's a significant issue, and we seem to be quite a ways apart," said Bruce Wisan, the court-appointed accountant who has managed the trust since 2005. "I thought we were close, and then it changed." Three days of settlement talks in April, involving leaders of the Fundamentalist LDS Church, Wisan, the attorneys general of Utah and Arizona also ended without a deal. The UEP Trust holds most of the land and homes in Hildale, Utah, and Colorado City, Ariz., the twin border towns long controlled by the FLDS. Church members consider communal living a religious principle and formed the trust in the 1940s to benefit all who kept the tenets of the church. The Utah courts seized the trust after state attorneys argued that church president Warren Jeffs and other church leaders had mismanaged its assets by, among other things, failing to respond to civil lawsuits from 2004 that left it vulnerable to liquidation. The parties are scheduled to appear in 3rd District Court next week to update Judge Denise Lindberg on the progress toward a settlement. "From the trust's perspective, we think the deal that had been put on the table was very generous," said Wisan. Read more | ||||||||||||||||||||||||||||||||||||||
| Negotiations on polygamous hit a final snag | ||||||||||||||||||||||||||||||||||||||
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The Associated Press ABC 4 News Originally published May 22, 2009 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY (AP) - State attorneys, a court-appointed fiduciary and leaders of a southern Utah polygamous church wrapped up 12 hours at the negotiating table Friday with split opinions about resolving a dispute over control of a land trust. Utah Attorney General Mark Shurtleff said the sides were "close," while fiduciary Bruce Wisan said there was still an unresolved issue and the sides were "quite a ways apart." At stake is the United Effort Plan Trust, which holds most of the land and homes in Hildale, Utah, and Colorado City, Ariz., twin border towns long controlled by the Fundamentalist Church of Jesus Christ of Latter Day Saints. Church members consider communal living a religious principle and formed the trust in the 1940s to benefit all who kept the tenets of the church. The Utah courts seized the trust after state attorneys argued that church president Warren Jeffs and other church leaders had mismanaged its assets by, among other things, failing to respond to civil lawsuits from 2004 that left it vulnerable to liquidation. The parties are scheduled to appear in 3rd District Court next week to update Judge Denise Lindberg on the progress toward a settlement. Confidentiality rules prohibit anyone from disclosing specifics. "I think all sides have come a long way," Shurtleff said. "We're still trying to get everybody to agree so we can all go together to the judge." Read more | ||||||||||||||||||||||||||||||||||||||
| Agreement would give Colorado City property control to FLDS | ||||||||||||||||||||||||||||||||||||||
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By JIM SECKLER Mohave Daily News Originally published Monday, May 25, 2009 | ||||||||||||||||||||||||||||||||||||||
| KINGMAN - A proposed agreement with the Utah Attorney General's Office and a polygamist church in Colorado City could force non-church members out of their homes. The settlement proposed by Utah Attorney General Mark Shurtleff, the Fundamentalist Church of Jesus Christ of Latter-day Saints and the United Effort Plan Trust would create a housing panel consisting of five to seven members. Two of the members would be appointed by the FLDS church, two members by the UEP, and one to three would be independent members. The panel would make decisions on the distribution of residential property in Colorado City and Hildale. The panel would consider length of possession of the property, payment of property taxes, improvements to the property and current possession. Those entitled to claim residential property would be adults who have occupied a residence on UEP property since 2002, and all adults who submitted claims to a fiduciary board and who have occupied a home or done work on an unfinished home on UEP property since 1998. The agreement also includes other properties, including Canadian property. Flora Jessop, a former member of the Fundamentalist Church of Jesus Christ of Latter-day Saints, said the agreement would allow the FLDS essentially to build a fence around Colorado City and Hildale and create a compound similar to the FLDS compound in Eldorado, Texas. She said Shurtleff is legally responsible to protect all UEP beneficiaries and, with the agreement, would deny protection to half the beneficiaries who are no longer faithful to the FLDS. Read more | ||||||||||||||||||||||||||||||||||||||
| "Apostates" fear a resurgence of FLDS tyranny | ||||||||||||||||||||||||||||||||||||||
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Reported by: Brent Hunsaker ABC 4 News Originally broadcast May 26, 2009 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY (ABC 4 News) - Not everyone who lives in Colorado City and Hildale – the twin towns straddling the Utah-Arizona border – are loyal to the now jailed polygamous prophet, Warren Jeffs. There are a few residents who the FLDS consider "apostates". Some of these apostates resisted Jeffs’ demands that they abandon their homes, their wives and children. He told them to leave and "repent from afar" and they defied him. Others left, but returned in the last few years after a Utah judge took control of the land and homes away from Jeffs. They believe that in returning, they have reclaimed their piece of a town that they and their parents and grandparents helped build. But now the apostates say all that has been accomplished is now in jeopardy. Utah Attorney General Mark Shurtleff is leading a complicated negotiation with the FLDS and other parties about taking control from the court and returning it to the people of the polygamist towns. It is an admiral goal. It is inevitable. But it could also put total control back in the hands of the FLDS and Jeffs. The apostates fear a return to the tyranny of the FLDS majority. Jeffs loyalists already run the town governments and police force. If they also regain control of the very land (all of it is owned in common under the umbrella of the United Effort Plan trust), the apostates say they could very well be run out of town. Read more | ||||||||||||||||||||||||||||||||||||||
| Former FLDS members concerned over AG's dealings with 'Jeffs loyalists' | ||||||||||||||||||||||||||||||||||||||
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By John Hollenhorst KSL 5 TV Originally broadcast May 26, 2009 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY -- Attorney General Mark Shurtleff waded into a group of protesters Tuesday. They accused him of making a secret deal with Fundamentalist Church of Jesus Christ of Latter Day Saints followers of polygamist Warren Jeffs. The protesters are mainly ex-members of that church. Shurtleff convinced some, but not all, that he's representing their interests, too. This is another illustration of how the Warren Jeffs regime led to shattered lives, broken families and divided communities. The protesters feared the attorney general's dealings with Jeffs' lieutenants would force them from their homes. Former FLDS member Patrick Pipkin said, "We all helped build this community, Hildale and Colorado City." Those who showed up are mostly people kicked out of the FLDS by Warren Jeffs or who lost faith and bailed out. Former FLDS member April Dutson said, "We actually moved in the night, without anyone knowing, because of the distress." "FLDS came and took my home away from me and threw me out," said former FLDS member Cora Witt. Many built their homes and feel entitled to them. "They built that community as much as the FLDS did," said former FLDS member Margaret Cooke. "They put their heart and soul into it. I put my heart and soul into it." Jeffs is now behind bars and FLDS property is under court control. With court approval, some former followers moved back into homes they originally built. In recent months, Jeffs' loyal followers have turned militant to pressure the court. The unified FLDS front has shaken up the scattered former followers. Dutson said, "Right now we are afraid that we will be asked to leave our home once again, or that they will take control of our lives." Read more | ||||||||||||||||||||||||||||||||||||||
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Video Courtesy of KSL.com | ||||||||||||||||||||||||||||||||||||||
| Judge gets first look at land trust settlement | ||||||||||||||||||||||||||||||||||||||
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The Associated Press KIFI - Idaho Falls, Idaho Originally published May 27, 2009 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY (AP) - The parties in a 4-year battle for control of a polygamous church's land trust are meeting with a judge to discuss the details of a settlement proposal. The United Effort Plan Trust holds land and homes in Hildale, Utah, and Colorado City, Ariz. - towns dominated by the Fundamentalist Church of Jesus Christ of Latter Day Saints. The state took control of the trust in 2005 after allegations of mismanagement. Attorneys for the FLDS, the attorneys general of Utah and Arizona and a court-appointed fiduciary have spent 40 hours negotiating a settlement. The parties were scheduled to meet with a 3rd District Court judge Wednesday. The details of the settlement proposal are unclear, but issues include the distribution of property, access to parks and cemeteries and the payment of management fees. | ||||||||||||||||||||||||||||||||||||||
| Judge gets update on settlement talks, orders fees | ||||||||||||||||||||||||||||||||||||||
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The Associated Press Houston Chronicle Originally published May 27, 2009 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY — Despite some 40 hours at the negotiating table, a battle for control of a southern Utah polygamous church's land trust may be getting more contentious rather than closer to a settlement. Parties wrangling over the United Effort Plan Trust met in person and over the phone for a progress report with a 3rd District judge. A recording of the meeting obtained by The Associated Press shows the parties divided. On one side are Utah Attorney General Mark Shurtleff and the Fundamentalist Church of Jesus Christ of Latter Day Saints, whose members donated their property in the border towns of Hildale, Utah, and Colorado City, Ariz., to form the trust in the 1940s. The trust is worth about $114 million. On the other side is the Arizona attorney general's office and Bruce Wisan, a certified public accountant appointed by the court to manage the trust in 2005 after allegations of mismanagement by church leader Warren Jeffs. Jeffs is now serving a prison sentence on a 2007 conviction of accomplice to rape for his role in an arranged marriage involving a then 14-year-old follower. He is awaiting trial on criminal charges in Arizona and Texas also related to underage marriages. The church has an expansive ranch near the West Texas town of Eldorado. "We were able to hammer what we're just calling a letter of intent, which I see somewhat as a framework for compromise," Shurtleff told Judge Denise Lindberg on Wednesday. "We are not there yet, but I believe both sides have come a long, long way — further than I thought would be possible." But that's not Arizona's take. "From our perspective, there has been no agreement reached that we would sign off on," said Bill Richards, an assistant attorney general for Arizona. Read more | ||||||||||||||||||||||||||||||||||||||
| Judge orders FLDS to pay up | ||||||||||||||||||||||||||||||||||||||
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Reported by: Brent Hunsaker ABC 4 News Originally broadcast May 27, 2009 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY (ABC 4 News) - Judge Denise Lindberg of 3rd District Court told representatives of the FLDS today: pay up, or else. The ultimatum was given over the required monthly payments that everyone in the twin towns of Hildale, Utah and Colorado City, Arizona were supposed to be making to the United Effort Plan Trust. The UEP trust owns just about everything in the towns, but is in the red by 2.5 million dollars. It needs cash to pay the bills. So last year the judge, who took control of the trust away from FLDS prophet Warren Jeffs four years ago, authorized a monthly payment – something similar to the dues of a homeowner’s association. For two months, Judge Lindberg said, the FLDS paid. Each family paid their leaders, and their leaders made a lump sum payment to the Utah Attorney General’s office. Then the FLDS payments stopped. Now they’re 6 months behind. They owe more than $385,000. In a status conference Wednesday on a possible settlement with the FLDS, the judge told their representatives they’ve got until Monday to pay half of the outstanding amount with the rest due by June 15th. "I absolutely demand... this is an order of the court," she said. "Those payments need to be made forthwith. There will be no withholding of payments. Period." Judge Lindberg was also unhappy with settlement negotiations. She was told by some attorneys representing the interests of non-FLDS people living in the towns that they were being kept in the dark. In fact, that was the reason for a protest yesterday on the steps of the state capitol. Non-believers people complained a deal with the FLDS could subject them to "religious tyranny." Many remember not all that long ago, people were kicked out of their homes on the whims of Warren Jeffs. They don’t want that to happen again. Read more | ||||||||||||||||||||||||||||||||||||||
| The Vent | ||||||||||||||||||||||||||||||||||||||
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The Spectrum Originally published May 30, 2009 | ||||||||||||||||||||||||||||||||||||||
| I'm confused, the article of our attorney general talking about the Fundamentalist church. Is he the attorney general for the state of Utah, or is he the attorney for the illegal polygamist community? I am very much confused. Aren't you? | ||||||||||||||||||||||||||||||||||||||
| FLDS pay $192,000 bill under protest; accountant won't accept it | ||||||||||||||||||||||||||||||||||||||
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By Ben Winslow KSL NewsRadio Originally published June 1, 2009 | ||||||||||||||||||||||||||||||||||||||
| HILDALE -- The Fundamentalist LDS Church paid a $192,600 bill to the Utah Attorney General's Office, but said it was doing so under protest. Because of that, the accountant appointed by the courts to oversee the polygamous sect's real-estate holdings arm refused to accept it. "My attorneys would not accept it under protest," Bruce Wisan, the court-appointed special fiduciary of the United Effort Plan (UEP) Trust told KSL NewsRadio late Monday. "That's a legal term, I think it has to do with the right of them to go back and make a claim against the funds." The southern Utah-based polygamous sect said it paid the bill after a judge in Salt Lake City's 3rd District Court ordered it to or she would lift the stay on massive litigation over the UEP Trust. In 2005, Third District Court Judge Denise Lindberg took control of the UEP over allegations that FLDS leaders had mismanaged it, including defaulting on civil litigation. She appointed a special fiduciary to manage the trust, which controls homes and property in the border towns of Hildale, Utah and Colorado City, Ariz. In a statement Monday, FLDS spokesman Willie Jessop claimed the fiduciary was getting paid twice - first from occupancy fees from those living on UEP property and by selling milk produced at an FLDS-run dairy. "Although we believe the agreement regarding the milk sale revenue satisfied the occupancy fee requirement, the FLDS have tendered the $192,600 to the Attorney General under protest, because the Court stated that if we do not make that payment the stay of litigation will be lifted and all the work that has been done to settle this case will be lost," Jessop wrote. Wisan disputed that claim. "I vociferously disagree with that," he said. Read more | ||||||||||||||||||||||||||||||||||||||
| FLDS church tries to pay $192K in past-due fees | ||||||||||||||||||||||||||||||||||||||
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By Jennifer Dobner The Associated Press FOX 11 - Tucson, Arizona Originally published Tuesday, June 2, 2009 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY (AP) -- A court-appointed accountant has rejected a $192,600 payment of past-due occupancy fees made under protest Monday by a southern-Utah polygamous church. "The payment was made under protest. I don't think we can accept it," Bruce Wisan said. The sum is half of what is owed by the Fundamentalist Church of Jesus Christ of Latter Day Saints for six months of occupancy fees on homes in Hildale, Utah, and Colorado City, Ariz. The homes in the twin towns and a church enclave in Bountiful, British Columbia, are held in the $114 million United Effort Plan Trust. The Utah courts took control of the UEP in 2005 after allegations of mismanagement. The FLDS have been negotiating a settlement with the attorneys general of Utah and Arizona and with Wisan, who oversees the trust, to regain control of the UEP's church land. Third District Judge Denise Lindberg ordered the FLDS to pay the fees last fall. She imposed the Monday deadline last week and said if the FLDS failed to pay, she would consider allowing church land to be sold. "As a peaceful people, we believe that settlement is the best way to resolve differences," FLDS spokesman Willie Jessop said in a statement. He acknowledged the payment was made under protest. All residents of trust homes - whether occupied by FLDS or non-FLDS - are required by the court to pay a $100 monthly occupancy fee to Wisan. The FLDS paid the fees for two months last year, but claim that in February, Utah Attorney General Mark Shurtleff brokered a deal with Wisan to forgive the fees during settlement talks and only collect the proceeds of milk sales from a church dairy in Beryl. According to the FLDS, Wisan chose to collect some $100,000 in milk money instead of over $40,000 in monthly occupancy fees. But Wisan denies making such a deal. "Mark Shurtleff never contacted me and said 'choose between the milk money and the monthly assessments,'" Wisan said. Read more | ||||||||||||||||||||||||||||||||||||||
| Court-appointed CPA to accept FLDS housing payment | ||||||||||||||||||||||||||||||||||||||
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By Jennifer Dobner The Associated Press Deseret News Originally published Friday, June 5, 2009 | ||||||||||||||||||||||||||||||||||||||
| A court-appointed fiduciary has reversed a decision to reject a check for past-due housing fees from a southern Utah polygamous church. Bruce Wisan initially rejected the Monday payment of $192,600 made "under protest" by the Fundamentalist LDS Church. The fees are half of what's owed in occupancy fees on homes in Hildale, Utah, and Colorado City, Ariz. The homes are held in the church's United Effort Plan Trust, which was established in 1942. The Utah courts seized the trust in 2005 after allegations of mismanagement by FLDS leader Warren Jeffs, who was then on the run from criminal charges but was later caught, tried and convicted by a Utah jury on an accomplice to rape charge for his role in the marriage of an underage follower to her cousin. The courts put the trust under Wisan's control. Wisan said he feared accepting the housing payment would have left him vulnerable to a lawsuit. FLDS attorneys have since sent a letter to the Utah Attorney General's Office stating that they don't intend to sue, but made the payment under protest to preserve their right to raise the issue in court. Residents of trust properties are required by the court to pay a monthly $100 occupancy fee. The fees are to pay for management of the trust, which holds about $114 million in property but is cash poor and owes more than $2.6 million to Wisan and others. Read more | ||||||||||||||||||||||||||||||||||||||
| FLDS check accepted in trust dispute | ||||||||||||||||||||||||||||||||||||||
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By Ben Winslow KSL NewsRadio Originally published June 5, 2009 | ||||||||||||||||||||||||||||||||||||||
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SALT LAKE CITY -- The Utah Attorney General's Office has accepted a check from the Fundamentalist LDS Church for past-due fees in the ongoing legal feud over the polygamous church's real estate holdings arm. A spokesman for the attorney general's office said in a message to KSL NewsRadio on Friday that they accepted the $192,000 check and gave it to the court-appointed special fiduciary overseeing the United Effort Plan Trust. Fiduciary Bruce Wisan initially rejected the check because it was made "under protest" by the FLDS Church. Wisan said it was a legal term that reserved the right to further litigation. Attorney general's spokesman Paul Murphy said it has since been worked out. The FLDS Church, ex-members, Wisan and the Utah and Arizona attorneys general have been involved in negotiations to settle the legal war over the UEP Trust, which controls homes, businesses and property in the border towns of Hildale, Utah, and Colorado City, Ariz. In 2005, the UEP Trust was taken over by a judge in Salt Lake City's 3rd District Court over allegations of mismanagement.
E-mail: bwinslow@ksl.com | ||||||||||||||||||||||||||||||||||||||
| Child bride offers to settle suit against polygamous church's land trust | ||||||||||||||||||||||||||||||||||||||
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By Ben Winslow KSL NewsRadio Originally published June 9, 2009 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY -- A former child bride who was the state's star witness in the criminal case against Fundamentalist Church of Jesus Christ of Latter Day Saints leader Warren Jeffs is offering to settle a multi-million dollar lawsuit against the polygamous sect's real estate holdings arm. Elissa Wall sued over her forced marriage at age 14 to her 19-year-old cousin. She named the FLDS Church, its leader, Warren Jeffs, and the United Effort Plan (UEP) Trust as defendants. The proposed settlement was filed in Salt Lake City's 3rd District Court last week in the ongoing litigation over the UEP Trust, which controls property in the FLDS communities of Hildale, Utah, and Colorado City, Ariz. In the settlement, Wall asks for about $308,000 in compensation and a monetary judgment to be awarded in mediation or a damages-only trial. She also wants some undeveloped trust land as well as the properties that her family lives on. "(Elissa Wall) will personally receive no further compensation, but will execute on her remaining judgment to facilitate the UEP Trust's goal of conveying the homes built on UEP Trust land to Trust Participants," her attorney, Roger Hoole, wrote in a copy of the settlement obtained by KSL NewsRadio. Wall is apparently seeking to exert some influence on subdividing the land currently held by the trust, which was originally based upon the early-Mormon concept of a "United Order," where everything was placed in a common pot and doled out according to just wants and needs. Read more | ||||||||||||||||||||||||||||||||||||||
| Deadline today for resolving FLDS Church land fight | ||||||||||||||||||||||||||||||||||||||
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By Jennifer Dobner The Associated Press Deseret News Originally published Sunday, June 14, 2009 | ||||||||||||||||||||||||||||||||||||||
| Despite some 40 hours of negotiations, it's unlikely a full settlement can be reached today in a dispute over a land trust once run by polygamous church leader Warren Jeffs, said Utah Attorney General Mark Shurtleff. The $114 million communal property trust is an arm of the Fundamentalist LDS Church. It holds most of the land and homes in Hildale, Utah; Colorado City, Ariz.; and a church enclave in Bountiful, British Columbia. The Utah courts took control of the UEP in 2005 after allegations of mismanagement by Jeffs, who was then on the run from criminal charges in Utah and Arizona. A proposed settlement is due today to a 3rd District Judge Denise Lindberg, who ultimately will decide whether any proposal is fair. In November, Lindberg placed a stay on all trust litigation and management activity pending the outcome of efforts to reach a "global" settlement that satisfied all parties. On Friday, Shurtleff said his office and attorneys for the FLDS Church were close to a deal that would return control of the trust and most of its holdings back to the church. He said his office expects to submit that proposal to Lindberg today, even though neither the attorney general of Arizona nor court-appointed fiduciary Bruce Wisan had agreed to the proposal. "They won't accept it," Shurtleff said Friday after participating in a panel discussion about polygamy and the law during a conference sponsored by the Center for Studies on New Religions in Salt Lake City. Shurtleff said he didn't know whether Wisan and Arizona would submit their own proposals or simply object to the proposal his office submits to the court. Read more | ||||||||||||||||||||||||||||||||||||||
| Deal is proposed in UEP trust fight | ||||||||||||||||||||||||||||||||||||||
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By Jennifer Dobner The Associated Press Deseret News Originally published Monday, June 15, 2009 | ||||||||||||||||||||||||||||||||||||||
| The Utah State Attorney General's Office has filed a settlement proposal to end the dispute over a $114 million property trust once run by polygamous church leader Warren Jeffs. As outlined in a letter of intent, the proposal returns control of most of the trust holdings to the Fundamentalist LDS Church. An arm of the church, the United Effort Plan Trust holds most of the land and homes in Hildale, Utah, and Colorado City, Ariz., the twin towns where most church members live, and a church enclave in Bountiful, British Columbia. The Utah courts seized the communal trust in 2005 after allegations of mismanagement by Jeffs. Under the oversight of a court-appointed fiduciary, the communal religious trust has been converted into a secular entity. The letter filed in 3rd District Court late Monday seeks to accommodate the needs of both current and former church members who have contributed assets to the trust. The letter is only a framework for a settlement that must ultimately approved by 3rd District Judge Denise Lindberg. Anyone with an interest in the UEP has until June 30 to submit comments on the proposal to the court. A central issue of settlement talks was the distribution of homes and undeveloped land held by the trust and whether the twin towns should be subdivided. Currently the land is held in large blocks of communal property which often hold multiple homes. The letter of intent proposes dividing undeveloped land south of the twin towns, with 60 acres going to the FLDS. Another portion of the land would be subdivided into 50 lots to be distributed to former church members who could prove a legitimate claim to trust assets. Existing residential properties would also be divided under a plan that would allow for both individual property deeds and the retention of larger, communal swaths of land. Read more | ||||||||||||||||||||||||||||||||||||||
| AG's office files proposal to end litigation over polygamous trust land | ||||||||||||||||||||||||||||||||||||||
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By Ben Winslow KSL NewsRadio Originally broadcast June 15, 2009 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY -- The Utah Attorney General's Office has filed a proposal to end massive litigation over the real estate arm of the Fundamentalist Church of Jesus Christ of Latter Day Saints. The proposal calls for a lot of land in the border towns of Hildale, Utah, and Colorado City, Ariz., to be returned to the polygamous sect. In a letter of intent and a proposal obtained by KSL NewsRadio on Monday, the Utah Attorney General's Office said it would like to see a pair of farms returned to the FLDS. Some land on the outskirts of town would be handed over to non-FLDS members. "FLDS will complete the survey and division expeditiously," the letter said. The attorney general's proposal also calls for the town cemetery and a park to be returned to the FLDS. Ex-members and non-members can have "reasonable access to visit graves, but conduct and dress to be in compliance with FLDS standards." A library would also be built in town, but anything visible from outside would have to meet "FLDS standards as determined by the Bishop." Read more | ||||||||||||||||||||||||||||||||||||||
| Utah Seeks Settlement With Polygamous Sect | ||||||||||||||||||||||||||||||||||||||
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By DAN FROSCH The New York Times Originally published June 16, 2009 | ||||||||||||||||||||||||||||||||||||||
| The Utah attorney general’s office has proposed a settlement to end a four-year dispute over $100 million worth of land in Utah, Arizona and Canada once held by a polygamous sect and its leader, Warren S. Jeffs. Under the settlement proposal, filed in a state district court in Salt Lake City on Monday, most of the estimated 1,000 acres would be returned by the state to the Fundamentalist Church of Jesus Christ of Latter-day Saints, or F.L.D.S. Most of the land sits in Hildale, Utah, and Colorado City, Ariz., small twin communities settled by the sect in the 1920s. A smaller parcel lies in Bountiful, British Columbia. The F.L.D.S. broke away from the mainstream Mormon Church after it rejected polygamy in 1890. The sect views Hildale and Colorado City as among the few places where it can practice its beliefs. Through its trust, the F.L.D.S. controlled the land there and in Bountiful until 2005, when the trust was seized by the Utah courts on grounds of mismanagement. The judicial decision ordering the seizure noted that rather than defend the trust against two lawsuits seeking damages for alleged sexual abuse by Mr. Jeffs and his wrongful ouster of some young men from the sect, the trustees had simply declined to administer it. A court-appointed fiduciary, Bruce R. Wisan, has managed the trust ever since, and the F.L.D.S. has been fighting to regain control of it. Mr. Jeffs, meanwhile, is imprisoned on a 2007 conviction for rape as an accomplice, in a case involving the marriage of an under-age girl. Jerrold S. Jensen, an assistant Utah attorney general, said Tuesday that the state felt it was appropriate to return control of the trust because the sect’s current leaders had agreed to take responsibility for it and the residents of the three communities. Read more | ||||||||||||||||||||||||||||||||||||||
| Court-appointed trust manager pleads not guilty | ||||||||||||||||||||||||||||||||||||||
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By JENNIFER DOBNER The Associated Press El Paso Times Originally published June 16, 2009 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY — A court-appointed fiduciary of a polygamous church trust has pleaded not guilty to Arizona misdemeanor trespassing and other charges related to his management operations. Bruce R. Wisan was charged in Moccassin, Ariz., in April with six combined misdemeanor counts of solicitation, facilitation and criminal trespassing, stemming from allegations that he encouraged a trust employee to enter two homes in Colorado City, Ariz., last summer without the permission of residents. A judge convicted the employee, Issac Wyler, on two counts trespassing in March. A jail term was suspended and Wyler is serving two years probation. The homes are held in the United Effort Plan Trust, an arm of the Fundamentalist Church of Jesus Christ of Latter Day Saints. The trust also holds most of the homes in Hildale, Utah, just across the border, and some property in Bountiful, British Columbia. The Utah courts took control of the trust after allegations of mismanagement by church leader Warren Jeffs in 2005 and named Wisan its manager. On June 2, Wisan entered not guilty pleas to each of the class 1 counts. Each charge carries a possible penalty of up to six months in jail. A pretrial conference is scheduled for July 24 in the Moccasin Consolidated Court. Wisan was to appear before the same judge who handled Wyler's case. But last month a judge reassigned the case after a defense attorney argued Wisan could not get a fair trial because he is at odds with the FLDS over management of the trust. The prosecutor who filed the charges is contracted by Colorado City. Read more | ||||||||||||||||||||||||||||||||||||||
| Utah withholding payment in polygamy trust dispute | ||||||||||||||||||||||||||||||||||||||
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By Jennifer Dobner The Associated Press Deseret News Originally published Thursday, June 25, 2009 | ||||||||||||||||||||||||||||||||||||||
| The Utah Attorney General's Office is withholding $192,000 in payments from a court-appointed accountant in charge of a land trust once controlled by jailed polygamous sect leader Warren Jeffs. Members of Jeffs' Fundamentalist LDS Church asked Utah to delay transferring the money after learning the accountant, Bruce Wisan, sold 565 head of cattle from a church farm. Members of the church were court-ordered to pay occupancy fees on homes in Hildale, Utah, and Colorado City, Ariz. The homes are held in the United Effort Plan Trust, an arm of the FLDS Church. The Utah courts seized the land trust — and put Wisan, a non-FLDS accountant, in control — in 2005 after allegations of mismanagement against Jeffs. The farm and its assets are part of ongoing settlement negotiations surrounding how to divvy up the land contained in the trust, among other issues. The settlement would return most trust assets to the church. As part of the settlement talks, a judge ordered the FLDS to pay Wisan $385,000 for six months of delinquent housing occupancy fees. The FLDS made the final payment of about $192,000 on what they owed on June 15, the same day the Utah Attorney General's Office filed a settlement proposal with a court to end the dispute over the $114 million property trust. The sale of the cows also was disclosed in a court filing June 15, although the FLDS learned of the sale June 16. The FLDS believe the sale of the cattle violates a court order issued after the sides agreed to negotiate, which halted trust litigation and limited trust management activity. Read more | ||||||||||||||||||||||||||||||||||||||
| FLDS want judge to revoke sale of cows | ||||||||||||||||||||||||||||||||||||||
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The Associated Press Deseret News Originally published Tuesday, June 30, 2009 | ||||||||||||||||||||||||||||||||||||||
| Attorneys for a southern Utah polygamous church are asking a judge to reverse the sale of cows from a church farm by a court-appointed accountant. Papers filed in 3rd District Court on Friday say the sale of 565 heifers from Harker Farms in Beryl decimates the value of the farm — a key asset in settlement negotiations over the United Effort Plan trust. Once controlled by jailed church leader Warren Jeffs, the UEP is an arm of the Fundamentalist LDS Church. The UEP was seized by the Utah courts in 2005 after allegations of mismanagement. The FLDS are now negotiating to regain most trust assets. Sect attorneys say fiduciary Bruce Wisan should have disclosed plans to sell the cows during negotiations. Wisan sold the cows for $360,000 on June 2. The sale was disclosed in a June 15 court filing — the same day the Utah Attorney General's Office submitted a settlement proposal to the court that includes a mechanism for returning the farm to the FLDS. FLDS lawyers also contend Wisan sold the young, non-milking cows below market rates. The lawyers place the value of the livestock at $537,840. FLDS attorneys believe the sale violates an order setting financial limits for the sale of assets without court approval. They now want the court to freeze nearly $400,000 in fees paid to Wisan since June 1. Attorneys for Wisan say the sale does not violate court orders. They contend the sale benefits the farm because a portion of proceeds paid off farm debts. They also say the sale contract allows the FLDS to repurchase the cows. The cows were sold to Jonathan and Hyrum Harker, whose father left the FLDS Church years ago. The brothers have been running the farm for Wisan for more than a year. | ||||||||||||||||||||||||||||||||||||||
| Court-appointed CPA rejects settlement proposal | ||||||||||||||||||||||||||||||||||||||
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The Associated Press KTNV Action News 13 - Las Vegas Originally published July 1, 2009 | ||||||||||||||||||||||||||||||||||||||
| A court-appointed accountant says he can't back a settlement proposal that gives the majority of a property trust's assets back to a polygamous church run by Warren Jeffs. Court papers filed Tuesday by attorneys for Bruce Wisan say the proposal violates a court order that requires the United Effort Plan Trust to benefit individuals, not the Fundamentalist Church of Jesus Christ of Latter Day Saints. The trust is an arm of the FLDS church. It holds most of the land and homes in Hildale, Utah and Colorado City, Ariz., and was founded on a religious principal that calls for the communal sharing of assets. The Utah courts seized the trust in 2005 -- and named Wisan its fiduciary -- after allegations of mismanagement. The FLDS sued to regain control of the trust last year. | ||||||||||||||||||||||||||||||||||||||
| Utah polygamous church trust manager rejects deal | ||||||||||||||||||||||||||||||||||||||
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By JENNIFER DOBNER The Associated Press Dallas Morning News Originally published July 1, 2009 | ||||||||||||||||||||||||||||||||||||||
| A court-appointed accountant will not back a settlement proposal that gives the majority of a property trust's assets back to a polygamous church run by Warren Jeffs. Court papers filed late Tuesday by attorneys for Bruce Wisan say the proposal violates a court order that requires the United Effort Plan Trust to benefit individuals, not the Fundamentalist Church of Jesus Christ of Latter Day Saints. The order also requires the trust to be religiously neutral in providing for beneficiaries. "The present proposal would be objectionable because it is so one-sided. Under the proposal, nearly every category of assets is to be transferred 100 percent directly to the FLDS church," attorneys Jeff and Zach Shields wrote. The trust is an arm of the FLDS church. Valued at more than $110 million, the trust holds most of the land and homes in Hildale, Utah and Colorado City, Ariz., and was founded in 1942 on a religious principal that calls for the communal sharing of assets for those who adhere to church teachings. The Utah courts seized the trust in 2005 — and named Wisan its fiduciary — after allegations of mismanagement. Under Wisan's management the trust became a secular entity. The church sued to regain control of the trust last year and settlement talks were initiated in November between the FLDS, Wisan and the attorneys general of Utah and Arizona. A draft settlement proposal was submitted to 3rd District Court Judge Denise Lindberg on June 15 by the Utah attorney general's office. It's unclear what Lindberg will do next, but ultimately only she can decide whether a settlement is fair. Read more | ||||||||||||||||||||||||||||||||||||||
| Division over FLDS land grows wider | ||||||||||||||||||||||||||||||||||||||
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By Ben Winslow KSL NewsRadio Originally published July 1, 2009 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY -- The division over land controlled by the real estate holdings arm of a southern Utah-based polygamous church appears to be growing wider. In new court documents filed late Tuesday in Salt Lake City's 3rd District Court and obtained by KSL NewsRadio, members of the Fundamentalist Church of Jesus Christ of Latter-Day Saints appear to support the Utah Attorney General's proposed settlement to end the legal war over the United Effort Plan Trust. But the Arizona Attorney General and the court-appointed special fiduciary for the trust vehemently oppose it. "The Utah Attorney General has come to recognize that the property held in the reformed trust is the manifestation of a group of religious believers the FLDS Church's practice of the law of consecration which cannot and should not be governed by a state act or ostensibly guided solely by secular principles," FLDS attorney Kenneth Okazaki wrote in court papers. In their filing, the FLDS support an idea pushed by the Utah Attorney General's Office to carve out an area in Colorado City, Ariz., for non-FLDS members to live. "Some have complained that the property set aside for such claims is not checkerboarded throughout the community," Okazaki wrote. "This was done because all lots within Hildale and Colorado City have previously been allocated by the FLDS bishops, and many contain improvements, although they do not yet have residences constructed on them." The attorney general's proposal also calls for the town cemetery to be returned to the FLDS with non-members having access to visit graves if they behave in a manner consistent with FLDS standards for conduct and dress. A Colorado City park would also be administered by an FLDS bishop. Read more | ||||||||||||||||||||||||||||||||||||||
| CPA asks court to order release of housing fees | ||||||||||||||||||||||||||||||||||||||
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By Jennifer Dobner The Associated Press Deseret News Originally published July 7, 2009 | ||||||||||||||||||||||||||||||||||||||
| A court-appointed accountant has asked a judge to order Utah's attorney general to release $192,600 in occupancy fees from residents of homes held in a polygamous church land trust. The trust has been under state control since 2005 when Warren Jeffs, the jailed leader of the Fundamentalist LDS Church, was accused of mismanagement. Occupancy fees from residents, some of whom are no longer FLDS members, provide the funds to manage the trust. In court papers filed late Monday, attorneys for fiduciary Bruce Wisan say a request by FLDS members to withhold the occupancy fees payment is an attempt to starve the cash-strapped United Effort Plan Trust. "The trust is in a severe liquidity crisis," attorneys Jeff and Zach Shields wrote. "Without the funds, the fiduciary is also severely limited in his ability to administer the trust in accordance with his court-ordered responsibilities." That includes hiring attorneys and others needed to defend the trust in numerous lawsuits. The Unified Effort Plan Trust is a communal property trust and an arm of the FLDS Church. Formed in 1942, the trust holds most of the land and homes in Hildale, Utah, Colorado City, Ariz., and a church enclave near Bountiful, British Columbia. A settlement to end state intervention in the trust was proposed last month. Wisan objects to the settlement. The FLDS asked the attorney general to withhold a June 15 payment because Wisan sold trust assets — $360,000 worth of cows from a dairy once run by church members — during the negotiations without disclosing his plans. FLDS attorneys contend that conditions of the settlement negotiations preclude Wisan from selling the cows. Read more | ||||||||||||||||||||||||||||||||||||||
| Trustee wants wives to be named on leases | ||||||||||||||||||||||||||||||||||||||
| U.S. trustee proposes communal land in Bountiful be privatized | ||||||||||||||||||||||||||||||||||||||
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By Robert Matas The Globe and Mail - Toronto, Ontario Originally published Thursday, Jul. 09, 2009 | ||||||||||||||||||||||||||||||||||||||
| The wives of the polygamous men in the religious community of Bountiful in southeastern B.C. will have their names added to leases and property titles for their homes if a U.S. court backs efforts to privatize the communally owned land, trustee Bruce Wisan says. "As the fiduciary, I have equal responsibility to the men and women," he said in an interview yesterday from Salt Lake City, Utah. "The FLDS religion may give women second-class status, but I cannot and will not do that," he said, referring to the Fundamentalist Church of Jesus Christ of Latter-Day Saints. "If there is one man and three women in a house, I intend to put all equally on the lease." Mr. Wisan was appointed by a Utah court in 2005 to manage the United Effort Plan Trust, a group that holds title to the property of all FLDS members in Canada and the United States. He is involved in a court case in Utah that would end his trusteeship through a compromise settlement with the FLDS. Mr. Wisan said he had been to B.C. a few times to discuss distribution of the communal property. He tried to speak to the leaders of the community, which has split into two factions over religious differences. Winston Blackmore met with him, but those from the other group refused. However, he also met with several of Mr. Blackmore's wives. He did not speak to all of them, he said, and could not find out how many Mr. Blackmore has. "It's like pulling teeth to get the names of all the women," Mr. Wisan said. But he was told that Mr. Blackmore has wives in several different houses. "They [the properties] would be split up according to which wife lives in which house," he said. Read more | ||||||||||||||||||||||||||||||||||||||
| Accountant defends sale of cows from S. Utah farm | ||||||||||||||||||||||||||||||||||||||
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By JENNIFER DOBNER The Associated Press Houston Chronicle Originally published July 16, 2009 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY — The court-appointed accountant in charge of a polygamous church property trust is defending the sale of cows from a southern Utah church dairy in the midst of settlement negotiations. In 3rd District Court filings late Wednesday, attorneys for Bruce Wisan say the cash-poor United Effort Plan Trust needed an infusion of money to pay off debts. Wisan got $360,000 from the sale of cows from Harker Farm in Beryl. The farm is a key asset in a settlement proposal that would return control of the trust and its assets to the Fundamentalist Church of Jesus Christ of Latter Day Saints, led by Warren Jeffs. Among the FLDS assets is a West Texas ranch near Eldorado. Wisan's attorneys want a judge to toss out a complaint about the sale made by church members. Sect members claim the June 2 sale guts the farm of critical assets and decimates its value. In court papers, trust attorneys say Wisan took "great pains to assure that the sale would not prejudice ongoing settlement negotiations or damage the long-term interests of the Harker dairy." The sale allows for the cows to be repurchased by the farm, attorneys note. Attorneys also said future sales of livestock could soon be necessary because the farm continues to lose money due to the below-break-even price of milk nationally. Wisan was court-appointed to oversee the trust in 2005 after allegations of mismanagement by Jeffs and other church leaders. The farm was bought at auction by Wisan and made part of the trust in 2007 to satisfy a $8.8 million judgment against Jeffs. A settlement proposal was submitted to the court on June 15 by the Utah attorney general's office. Wisan objects to the settlement and contends it favors the FLDS church over former members of the church who may be valid trust beneficiaries. Read more | ||||||||||||||||||||||||||||||||||||||
| Judge issues ruling in UEP case | ||||||||||||||||||||||||||||||||||||||
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By Linda Thomson Deseret News Originally published Friday, July 17, 2009 | ||||||||||||||||||||||||||||||||||||||
| A Utah judge has ruled that several people who want to intervene in the court-supervised handling of the United Effort Plan Trust have no legal standing to do so. Third District Judge Denise Lindberg in a three-page ruling said people who may be potential beneficiaries of the trust have previously been found to not have legal standing, and she dismissed motions filed by those individuals. Among other things, they were trying to replace a court-appointed special fiduciary who is directly handling the UEP's finances. Lindberg also gave the Utah Attorney General's Office two business days to turn over to the court all payments from the Fundamentalist LDS Church community, which will be given to the trust to pay bills. The judge also set a hearing for July 29 to address the sale of Berry Knoll Farm, one of the assets. Assistant Attorney General Jerrold Jensen said his office will comply with the judge's order, although Friday is generally a day off for many state employees as a cost-saving measure. "I anticipate we'll have a check delivered to the court on Tuesday, and we're glad to do it," Jensen said. Jensen said that selling Berry Knoll Farm had been proposed last year, but many in the FLDS community objected. After a Nov. 14, 2008, hearing in St. George, Lindberg delayed selling the farm on the condition that the community make monthly payments of $64,000 to | ||||||||||||||||||||||||||||||||||||||
