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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 the attorney general's office as a show of "good faith" and that money would go into the UEP Trust to meet its financial obligations. Read more | ||||||||||||||||||||||||||||||||||||||
| Judge rules in polygamous church trust dispute | ||||||||||||||||||||||||||||||||||||||
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By Elizabeth White The Associated Press The Arizona Republic Originally published Friday, July 17, 2009 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY - A judge on Friday ruled in an ongoing dispute involving a polygamous church property trust, ordering the Utah attorney general to give the court $192,600 in funds received from members of the Fundamentalist Church of Jesus Christ of Latter Day Saints. The money was in the form of occupancy fees paid by residents of homes held in the church's land trust in Hildale, Utah, and Colorado City, Ariz. In 2005, Utah courts seized the United Effort Plan Trust and put Bruce Wisan, a non-FLDS accountant, in control, after allegations of mismanagement by church leader Warren Jeffs, who is now jailed. The $114 million trust holds land only, and the court established occupancy fees as a way to provide cash flow for trust management activity. Church members made one payment, but asked Utah Attorney General Mark Shurtleff to delay transferring the second payment after learning Wisan had sold 565 head of cattle worth $360,000 from a church farm in June. The church farm and its assets are part of ongoing settlement negotiations surrounding how to divvy up the land contained in the trust, among other issues. On Friday, Judge Denise Lindberg ruled that "badly needed funds have not been available to meet the trust's pressing obligations," and she ordered Shurtleff to give the funds to the court, which will distribute the money to the trust. Jerrold Jensen, assistant Utah attorney general, said the office was seeking direction from the court on what to do with the payments and that it had held them at the request of the FLDS. "We were just acting as the escrow agent; the FLDS paid it to us, then told us to hold it, so we held it," Jensen said. "This is not a ruling against us, this is a ruling to which we say, 'thank you.' " Read more | ||||||||||||||||||||||||||||||||||||||
| Judge tosses FLDS from land case, sets date for sale of temple site | ||||||||||||||||||||||||||||||||||||||
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By Ben Winslow KSL NewsRadio Originally published July 17, 2009 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY -- A judge has denied a request by members of the Fundamentalist Church of Jesus Christ of Latter-day Saints to intervene in the ongoing and massive litigation over the polygamous sect's property arm. In a ruling handed down on Friday, Judge Denise P. Lindberg rejected requests by FLDS members Willie Jessop, Dan Johnson, Merlin Jessop, Lyle Jeffs and James Oler to intervene in the case involving the United Effort Plan (UEP) Trust. "It is black letter law that potential beneficiaries of charitable trusts have no right to make claims upon such trusts," Lindberg wrote. "Because the UEP Trust is a charitable trust, the only individuals with legally cognizable interests are the Utah and Arizona Attorneys General as representatives of the community, and the court-designated special fiduciary." In 2005, the courts took control of the UEP Trust which controls land in the FLDS communities of Hildale, Utah; Colorado City, Ariz.; and Bountiful, British Columbia in Canada. The Utah Attorney General's Office alleged that Warren Jeffs and other FLDS leaders had mismanaged it, including defaulting on a series of civil lawsuits. She appointed an accountant to act as special fiduciary of the trust, with its estimated $100 million in assets. The UEP was set up in the early Mormon concept of a "united order" where everything is put into a common pot and doled out according to just wants and needs (the FLDS Church is a breakaway sect from The Church of Jesus Christ of Latter-day Saints, which no longer practices polygamy and excommunicates those who do). After years of silence, FLDS members recently sued to stop some of the reforms being enacted by the courts. They have argued, in part, that some of the reforms violate their right to practice their religion by preventing them from consecrating their property to their faith. The reforms approved by Lindberg do away with communal property in favor of private property ownership. Read more | ||||||||||||||||||||||||||||||||||||||
| Judge rejects proposals to settle legal war of FLDS trust | ||||||||||||||||||||||||||||||||||||||
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By Ben Winslow KSL NewsRadio Originally published July 22, 2009 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY -- In a harshly-worded order, a judge has rejected a series of proposals to settle the legal war over a polygamist church's land-holdings arm. In a ruling released late Wednesday, Judge Denise Lindberg rejected a series of proposals brought to her to settle the myriad of lawsuits involving the United Effort Plan (UEP) Trust, the real-estate holdings arm of the Fundamentalist Church of Jesus Christ of Latter Day Saints. "The Court will undertake an examination of its options regarding the continued administration of the trust," Lindberg wrote in the order obtained by KSL Newsradio. In 2005, the courts took control of the UEP Trust over allegations that FLDS leader Warren Jeffs and others had mismanaged it, including defaulting on a series of civil lawsuits. The UEP Trust, based on the early-Mormon concept of a "united order" controls virtually all of the land in the polygamous border towns of Hildale, Utah, and Colorado City, Ariz. (The FLDS Church is a breakaway sect from The Church of Jesus Christ of Latter-day Saints which no longer practices polygamy.) Lindberg appointed Bruce Wisan, an accountant, to act as special fiduciary over the trust and enacted reforms doing away with the communal property nature of the trust in favor of private property ownership. After years of relative silence, the FLDS ultimately challenged the reform efforts in court. They argued, in part, that the reformed trust violates their religious freedom rights by not allowing them to consecrate their property to their church. Read more | ||||||||||||||||||||||||||||||||||||||
| Judge rejects polygamous trust settlement | ||||||||||||||||||||||||||||||||||||||
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By Jennifer Dobner The Associated Press Merced Sun-Star - Merced, CA Originally published July 23, 2009 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY -- A judge on Wednesday rejected a proposed settlement that would have returned control of a state-managed land trust to followers of jailed polygamous leader Warren Jeffs. The United Effort Plan Trust was formed in 1942 to hold the collective assets of faithful members of the Fundamentalist Church of Jesus Christ of Latter Day Saints. The Utah courts took control of the trust in 2005 after allegations of mismanagement. Last month, Utah's attorney general proposed a settlement giving the majority of trust assets - land and homes in Hildale, Utah; Colorado City, Ariz.; and Bountiful, British Columbia - back to the church, along with control of a cemetery, a park, a dairy and undeveloped land. A limited amount of property was also set aside for former FLDS members who qualify as beneficiaries based on their past contributions to the trust. Third District Judge Denise Lindberg rejected the proposal Wednesday, saying it "decidedly favors the FLDS church and its adherents to the detriment of other potential trust beneficiaries." Revisions to the trust since 2005 have converted the religiously based trust into a secular entity. That's allowed former church members - whether they left voluntarily or were excommunicated - to return to the community and claim trust assets. The FLDS believe the change violates a core tenet of their religion called the Holy United Order, which calls for the sharing of assets by those who adhere to church teachings. Historically, church members donated their assets to the trust and then served as caretakers of homes assigned to them by church leaders. Leaving the church has typically meant leaving behind any assets donated to the church and severing ties with family. Read more | ||||||||||||||||||||||||||||||||||||||
| Arguments set over polygamous church land | ||||||||||||||||||||||||||||||||||||||
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The Associated Press KSL 5 TV Originally published July 29, 2009 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY (AP) -- Court arguments are scheduled over the possible sale of a 438-acre parcel of land where a southern Utah-based polygamous church headed by jailed leader Warren Jeffs had planned to build a temple. A hearing is set for Wednesday before Judge Denise Lindberg in 3rd District Court in Salt Lake City. The land, known as Berry Knoll, is part of the United Effort Plan Trust, a communal land trust tied to the Fundamentalist Church of Jesus Christ of Latter Day Saints. The trust has been under court control since 2005. Court-appointed accountant Bruce Wisan wants to sell the northern Arizona land to pay off some of the nearly $3 million in debt incurred since he took over the trust. Church members oppose the sale and sued last year to stop it. | ||||||||||||||||||||||||||||||||||||||
| Hundreds of FLDS gather outside courthouse | ||||||||||||||||||||||||||||||||||||||
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By Jennifer Dobner The Associated Press Deseret News Originally published Wednesday, July 29, 2009 | ||||||||||||||||||||||||||||||||||||||
| Hundreds of members of a polygamous church were rallying outside a courthouse Wednesday as a judge considers whether to allow the sale of a 438-acre parcel of land where the church, headed by jailed leader Warren Jeffs, had planned to build a temple. Known as Berry Knoll, the land is part of the United Effort Plan Trust, a communal land trust tied to the Fundamentalist LDS Church. The trust has been under court control since 2005 when state attorneys alleged Jeffs had mismanaged it assets. Court-appointed accountant Bruce Wisan wants to sell the northern Arizona land to pay off a portion of the nearly $3 million in debt incurred since he took over the trust. "We think it's necessary, we think it's prudent for the trust," Wisan's attorney, Jeff Shields, said of the sale, which was first proposed last fall. Shields said the property would sell for more than $3 million at the current sale price of $7,000 per acre. But the FLDS contend water rights on the land place the value at closer to $20,000 per acre. Judge Denise Lindberg is holding the hearing in 3rd District Court in Salt Lake City. In a replay of a hearing in St. George's 5th District Court last fall, hundreds of FLDS members descended on the courthouse Wednesday. The display is a way to let Lindberg know how many people are affected by decisions in the case and to register a collective objection to what the FLDS believe is the court's attempt to strip sect members of their religious beliefs, said FLDS spokesman Willie Jessop. Read more | ||||||||||||||||||||||||||||||||||||||
| FLDS Faithful Flood Courthouse For Land Sale Hearing | ||||||||||||||||||||||||||||||||||||||
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Reported by: Brian Mullahy KUTV 2News Originally published July 29, 2009 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY - It may be the largest gathering of its kind in downtown Salt Lake City. Hundreds of members of the FLDS polygamous sect have gathered in and near the Matheson Courthouse for a hearing on valuable, and for some perhaps, sacred property. The issue is the proposed sale of the "Berry Knoll," land in the Hildale-Colorado City area, where the FLDS had planned to build a temple. A court appointed fiduciary has made moves to sell the land. It all swirls around something known as the United Effort Plan Trust, an entity that at one time controlled property in the polygamous communities. Jailed leader Warren Jeffs may have had a firm grip on the trust, until Utah Attorney General Mark Shurtleff convinced a court of mismanagement. Judge Denise Posse Lindberg named Salt Lake accountant Bruce Wisan to oversee the UEP. Read more | ||||||||||||||||||||||||||||||||||||||
| FLDS members show up en masse to protest sale of farmland | ||||||||||||||||||||||||||||||||||||||
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KSL 5 TV and KSL NewsRadio Originally published July 29, 2009 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY -- Thousands of members of the Fundamentalist Church of Jesus Christ of Latter-Day Saints (FLDS) have gathered outside the Matheson Courthouse and at Washington Square to protest the sale of farmland in their community. A hearing is underway in 3rd District Court, where a judge is considering the sale of several hundred acres of land known as Berry Knoll. A court-appointed fiduciary who manages the United Effort Plan (UEP) Trust, which was taken over by the court in 2005, is seeking to sell the land to pay debt. Members of the polygamous sect showed up en masse to voice their displeasure over the proposed sale, startling security and drawing curious gazes. Many of the them drove from southern Utah, Nevada, and Arizona to be there. Members told KSL they don't like what has become of the UEP Trust since it was taken over by the court. Several of today's protesters say the land was wrongfully taken away to begin with. Galene Carlisle said, "I don't know why they would want to take it away in the first place. There was no reason, no need; there was no harm done, no wrong done." Alvin Harker said, "We've been under attack by those who would like to see our organization or religion destroyed. We are here in support of our leader and in support to retain our lands." FLDS leaders are expected to address the crowd, estimated at 1,000 to 2,000 people after the hearing ends. Read more | ||||||||||||||||||||||||||||||||||||||
| Hundreds of FLDS gather outside courthouse | ||||||||||||||||||||||||||||||||||||||
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By Linda Thomson and Emiley Morgan Deseret News Originally published Wednesday, July 29, 2009 | ||||||||||||||||||||||||||||||||||||||
| As hundreds of Fundamentalist LDS Church members gathered outside and jammed the inside hallways, a judge inside mulled an idea to resolve an issue over a controversial farm owned by a polygamist community trust. Judge Denise Lindberg suggested Wednesday she is considering putting the Berry Knoll farm up for sale to the highest bidder to pay the trust's $3 million debts and remove any incorrect suggestion that the court is biased. After listening to seven lawyers and 21 clearly unhappy people in a non-traditional court hearing that more closely resembled a town hall meeting, the 3rd District judge said she would re-evaluate all the information and issue a ruling later. "It is amply clear we are just as far apart now as we were four years ago," Lindberg said. "I have no animus for or against the FLDS, but when I put on this robe, I am constrained by the law." Outside the Matheson Courthouse and throughout the hallways, it almost looked liked a pioneer day picnic. Read more | ||||||||||||||||||||||||||||||||||||||
| Hundreds of FLDS protest land sale; judge weighing options | ||||||||||||||||||||||||||||||||||||||
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KSL 5 TV and KSL NewsRadio Originally published July 29, 2009 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY -- Hundreds of members of the Fundamentalist Church of Jesus Christ of Latter Day Saints (FLDS) showed up at the Matheson Courthouse Wednesday to show their opposition to the sale of land they believe is sacred. A hearing was held in 3rd District Court, where a judge was considering the sale of several hundred acres of land known as "Berry Knoll." After several hours of testimony and arguments, Judge Denise Lindberg declined to issue a ruling. However, she indicated she was open to the idea of opening the sale of the Colorado City, Ariz., farmland to the highest bidder. FLDS member and spokesman Willie Jessop doesn't like it. "She seems to just relish the idea of liquidating a trust that she, her constitutional duty was to protect it," Jessop told KSL Newsradio outside of court. A court-appointed fiduciary who manages the United Effort Plan (UEP) Trust, which was taken over by the court in 2005, is seeking to sell the land to pay debt. Members of the polygamous sect showed up en masse to show their displeasure over the proposed sale, startling security and drawing curious gazes. Many of them drove from southern Utah, Nevada and Arizona to be there. They gathered for a rally after the hearing, clearly disappointed in what happened in the courtroom and believe the land sale is much more than an effort to pay off debt. "So, when they are asking to sell the land, let's make it clear about what it is to fund. They established that, at least in my mind, very clear. It is to fund a war, psychological war, and then they want to say it's not about religion," Jessop told the crowd. Read more | ||||||||||||||||||||||||||||||||||||||
Video Courtesy of KSL.com | ||||||||||||||||||||||||||||||||||||||
| Judge suggests sale of Jeffs' church land | ||||||||||||||||||||||||||||||||||||||
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By MIKE STARK The Associated Press Houston Chronicle Originally published July 29, 2009 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY — A Utah judge said Wednesday she might consider allowing the highest bidder to buy more than 400 acres of land where a southern Utah-based polygamous church headed by jailed leader Warren Jeffs had planned to build a temple. With hundreds of Fundamentalist Church of Jesus Christ of Latter Day Saints members gathered quietly outside the courtroom and across the street, 3rd District Judge Denise Lindberg heard three hours of testimony Wednesday about whether the land, known as Berry Knoll Farm, should be sold. The land is part of the United Effort Plan Trust, a communal land trust tied to the church. The trust has been under court control since 2005 following allegations of mismanagement by Jeffs. Since then, the process has been mired in rancor, litigation and an atmosphere several on Wednesday described as "war" between the FLDS, a court-appointed fiduciary and other factions living in the twin cities of Hildale, Utah, and Colorado City, Ariz. "We are just as far apart now as unfortunately we were four years ago," said Lindberg, who earlier this month rejected a proposed settlement that would have returned control of the land trust to Jeffs' followers. Berry Knoll, a former farm on the outskirts of Colorado City, is the latest object of dispute. Wednesday's hearing over its fate drew so many lawyers they spilled into the jury box and prompted a five-minute limit on their testimony. Among those represented were the states of Utah and Arizona, the FLDS, the trust, Colorado City and seven people who kicked off some of the initial litigation over the trust. Court-appointed accountant Bruce Wisan wants to sell the northern Arizona land to pay off some of the nearly $3 million in debt — much of it in lawyers' fees — incurred since he took over the trust. "The trust is in difficult straits," Wisan told Lindberg. Selling the land would help pay down the trust's debts and boost efforts to provide housing and water for its beneficiaries, Jeff Shields, Wisan's attorney, said of the sale first proposed last fall. Read more | ||||||||||||||||||||||||||||||||||||||
| FLDS church trust issue | ||||||||||||||||||||||||||||||||||||||
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Opinion The Spectrum Originally published August 2, 2009 | ||||||||||||||||||||||||||||||||||||||
| Even though Warren Jeffs is behind bars, the issues surrounding the Fundamentalist Church of Jesus Christ of Latter Day Saints, which encourages polygamy within its doctrine, continue to make headlines. The latest involves a parcel of land known as Berry Knoll Farm. At the center of the issue is the United Effort Plan, a trust that was devised about 67 years ago as a means of controlling the church’s land in what is now Hildale, Utah, and Colorado City, Ariz. The UEP was put under the guidance of accountant Bruce Wisan four years ago by the courts system to watch over its assets and to address serious problems, such as ownership of property, property taxes and other issues. Wisan’s firm is owed a significant amount of the $3 million that comprises the trust’s debt. One way to recoup a large portion of those funds is to sell some of the trust’s holdings, and that includes Berry Knoll. The problem is that the FLDS church had planned to use that property as the site of a temple for its followers. Those plans unraveled somewhat when their leader, Jeffs, was charged with serious crimes. Jeffs fled instead of facing his charges, eventually landing on the FBI’s top 10 most-wanted list. The former FLDS church leader eventually was captured and convicted. Amid the turmoil surrounding Jeffs, the trust’s assets became a focus for law enforcement because, in part, of the possibility of him tapping funds while he evaded the police, and the courts placed the UEP under the watch of Wisan. Now, 3rd District Court Judge Denise Lindberg must decide if the property in question can be sold. By some estimates, as many as 1,000 members of the FLDS church and supporters showed up last week in Salt Lake City for a hearing on the issue. One of their arguments against the sale is that it would infringe on their religion. It’s a poor argument. Read more | ||||||||||||||||||||||||||||||||||||||
| Utah judge orders sale of polygamous sect's land | ||||||||||||||||||||||||||||||||||||||
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By Jennifer Dobner The Associated Press Houston Chronicle Originally published August 24, 2009 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY — A Utah judge has ordered the sale of a 400-acre parcel of land that is part of a communal property trust established by followers of jailed polygamous sect leader Warren Jeffs. In a ruling issued Monday, 3rd District Court Judge Denise Lindberg says a liquidity crisis of the United Effort Plan Trust makes the sale of Berry Knoll necessary. The land-rich but cash-poor trust has about $3 million in debts and no dependable stream of revenue. The order calls for the northern Arizona property to be sold to the highest bidder but gives no timetable. The decision comes nearly a month after Lindberg took public testimony on the sale. "Having now considered all the arguments for and against the sale, the court concludes that the trust's financial condition, and the ongoing difficulties in securing a reliable revenue stream to meet its past and present obligations warrant granting the (sale)," Lindberg wrote. Per Lindberg's decision, court-appointed accountant Bruce Wisan, who manages the trust, will advertise the sale, accept the bids and select the bid that most benefits the trust. Lindberg also gives Wisan room to reject the bids and instead accept an offer on the land tendered last year. Trust attorney Jeffs Shields, who represents Wisan, said they hope to get the bid process established and moving within a few weeks. An advisory board that works with Wisan is to meet Wednesday, Shields said. "We're not going to delay this," Shields said. "I hope we'll have other bids." Read more | ||||||||||||||||||||||||||||||||||||||
| FLDS bishops appeal ruling to Utah Supreme Court | ||||||||||||||||||||||||||||||||||||||
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By Jennifer Dobner The Associated Press The Spectrum Originally published September 9, 2009 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY — Two polygamous church bishops are asking the Utah Supreme Court to overturn a district court's decision that they say denies them their constitutional right to carry out their ecclesiastical duties. Attorneys for Fundamentalist Church of Jesus Christ of Latter Day Saints bishops Lyle Jeffs and James Oler filed a notice of appeal with the court Aug. 26. In May, Jeffs and Oler had sought to intervene in a 3rd District Court dispute over the United Effort Plan Trust, which has been under court control since 2005. The trust holds most of the land and homes in a church enclave in Bountiful, British Columbia, as well as in Hildale, Utah, and Colorado City, Ariz., the twin towns where most church members live. As church leaders, Jeffs and Oler sought legal standing in the case on behalf of FLDS members. They also wanted to block a proposed sale of a church farm and land set aside in Colorado City for a church temple. In a third motion, they asked 3rd District Judge Denise Lindberg to remove accountant Bruce Wisan as the court-appointed trust manager. They contended that the management of the charitable, religious trust required the participation and input of church leaders. Lindberg denied all three motions in July. Jeffs, the brother of jailed FLDS prophet Warren Jeffs, is the bishop for Hildale and Colorado City, while Oler heads the faith's Bountiful branch. As bishops, the two men are expected to provide for the spiritual and physical needs of church members. Jeffs has argued that while he knew the court had supplanted much of his authority, his congregants had a substantial interest in the outcome of the UEP dispute because they represent a majority of trust beneficiaries. "The effect of the district court's denial of the motions to intervene is to ensure the continued violation of those persons' constitutional, statutory and common-law rights while denying them and the thousands of FLDS they represent voice," attorney Stephen C. Clark wrote in a statement filed with the court Aug. 26. Read more | ||||||||||||||||||||||||||||||||||||||
| FLDS towns want say in church trust legal squabble | ||||||||||||||||||||||||||||||||||||||
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The Associated Press KIFI LocalNews8 - Idaho Falls, Idaho Originally published September 11, 2009 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY (AP) - Attorneys representing twin border towns controlled by a polygamous church are trying to intervene in a legal dispute involving land held in a church trust. Papers filed in 3rd District Court last week say Hildale, Utah and Colorado City, Ariz., have an interest in the use and management of the land, including a 400-plus acre parcel which is set for a court-ordered auction. Attorneys say selling the land could jeopardize the limited water available. The cities are home to members of the Fundamentalist Church of Jesus Christ of Latter Day Saints. Most of the land and homes - including the 400-plus acres set for auction - is held in the United Effort Plan Trust. Once run by church leaders, the trust has been under court oversight since 2005 due to allegations of mismanagement. | ||||||||||||||||||||||||||||||||||||||
| FLDS could lose 150 homes to unpaid taxes | ||||||||||||||||||||||||||||||||||||||
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Deseret News Originally published Saturday, Oct. 17, 2009 | ||||||||||||||||||||||||||||||||||||||
| Some 150 homes and other land in an Arizona polygamous community could be lost to foreclosure because $124,000 in 2007 property taxes went unpaid. The Mohave County treasurer's office auctioned off investment interests in 35 large communal properties in Colorado City, Ariz., as part of a February tax lien sale. The properties are part of the United Effort Plan Trust, the communal holdings of the Fundamentalist LDS Church.Mohave County officials said lien purchasers can foreclose on the Colorado City properties in three years if back taxes and interest payments remain unpaid. As of August, the amount due had surpassed $148,900. The affected properties include homes, undeveloped land, commercial and school buildings, and a park that once housed a zoo. The total Colorado City tax bill for 2007 was $1.2 million. The UEP trust also has land holdings in Hildale, Utah, and Bountiful, British Columbia. The trust has been under the control of the Utah courts since 2005 after allegations of mismanagement by church leaders. Land in the twin towns in not subdivided. Historically, church leaders calculated tax payments for individuals and the money was paid to the bishop, who then paid the county tax bill. Shortfalls were covered by wealthier residents or businesses. Also in the past, non-FLDS who lived in trust homes were given tax notices and sent payments to a post office box. Any shortfalls in those payments were made up by the church. Taxes were always paid promptly, according to tax collectors in Utah and Arizona. But the trust is now managed by court-appointed Salt Lake City accountant, Bruce Wisan. Wisan said both FLDS members and nonmembers who live in trust homes failed to pay the 2007 taxes. He said there had been confusion about which property taxes had been paid because the FLDS refuse to acknowledge his authority and refuse to cooperate with him. Read more | ||||||||||||||||||||||||||||||||||||||
| No easy solutions in polygamous church land fight | ||||||||||||||||||||||||||||||||||||||
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By Jennifer Dobner The Associated Press Deseret News Originally published Monday, Oct. 19, 2009 | ||||||||||||||||||||||||||||||||||||||
| More than four years after Utah sought to protect assets in a polygamous church's land trust, the state's plan seems to have backfired — the trust is mired in debt, tangled in lawsuits and some of the land that was supposed to be preserved is poised for court-ordered sale. "It's in terrible shape and that wasn't supposed to be the case," said Utah Attorney General Mark Shurtleff. The $100 million-plus United Effort Plan Trust holds most of the homes and property in Hildale, Utah, Colorado City, Ariz., and Bountiful, British Columbia, communities long dominated by members of the Fundamentalist Church of Jesus Christ of Latter Day Saints (FLDS). The Utah courts seized the trust in 2005 after state attorneys alleged church president Warren Jeffs — then a fugitive from Arizona criminal charges — had used trust assets for personal benefit and left it vulnerable to liquidation from default judgments in civil lawsuits filed in 2004. "We are stepping up to protect the interests of the beneficiaries because Warren Jeffs has not," Shurtleff said at the time. The intervention was supposed to be simple and temporary, Shurtleff said. The goal was to get an accounting of trust assets and install a new board of trustees that would treat church members more fairly than Jeffs. Among the complaints against the polygamist leader: he used trust assets to control his followers, rewarding the most faithful with the best homes and land. But the task of managing the trust has become anything but temporary. Read more | ||||||||||||||||||||||||||||||||||||||
| Polygamous sect challenges seizure of land trust | ||||||||||||||||||||||||||||||||||||||
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By Jennifer Dobner The Associated Press Deseret News Originally published Tuesday, Oct. 20, 2009 | ||||||||||||||||||||||||||||||||||||||
| A polygamous sect is asking the Utah Supreme Court to overturn a state court decision that stripped the religious purposes from its communal land trust. In a court filing Tuesday, attorneys for the Fundamentalist LDS Church say making the United Effort Plan Trust secular was a violation of the faith's constitutionally protected religious rights. Valued at more than $110 million, the trust holds most of the property in Hildale, Utah; Colorado City, Ariz.; and Bountiful, British Columbia — communities home to FLDS members. The UEP was formed in 1942 on a religions 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 faith. Members donated their assets, including homes, undeveloped land or other resources and church bishops meted out benefits to families based on need. Utah's 3rd District Court seized the trust after allegations of mismanagement by church leader Warren Jeffs in 2005. Judge Denise Lindberg later approved a reworked version of the trust with secular goals, including private ownership of homes and an expanded class of trust beneficiaries. The changes have allowed former church members to return to the communities to claim a share of the assets. The FLDS want Utah's Supreme Court to declare the changes to the trust unconstitutional, remove court-appointed accountant Bruce Wisan as the trust's manager and halt any pending sales of property or other management activities under way. "What we are trying to say is that this whole reformation and putting Bruce Wisan in as the state-ordained bishop is illegitimate," Rod Parker, an attorney for the FLDS said. "It could not be managed by the state or Bruce Wisan, because they are not the priesthood." Read more | ||||||||||||||||||||||||||||||||||||||
| Supreme Court dismisses petition in UEP case | ||||||||||||||||||||||||||||||||||||||
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By Emiley Morgan Deseret News Originally published Tuesday, Nov. 3, 2009 | ||||||||||||||||||||||||||||||||||||||
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The Utah Supreme Court Tuesday dismissed a petition filed by attorneys and members of the Fundamentalist LDS Church asking for a supplemental briefing and oral argument. The case was initially filed against 3rd District Judge Denise Lindberg, asking that she reinstate a request for "supplemental pleadings and scheduled oral argument" in the ongoing case regarding the United Effort Plan Trust. The United Effort Plan Trust, which holds most of the FLDS property located in its primary locations of Hildale, Utah, Colorado City, Ariz., and Bountiful, British Columbia, is supervised by the 3rd District Court in Salt Lake City. Valued at more than $100 million, the trust was seized by the courts in 2005 amid claims that it was being mismanaged by FLDS leader Warren Jeffs. As part of ongoing litigation in the case, the court requested a supplemental hearing and additional oral arguments on Nov. 18, 2008, after denying a motion to stay a Nov. 14 hearing that same year. At that time, the court also entered a "provisional stay" because it had disqualified the attorneys representing the FLDS and had asked that "privileged communications" between the FLDS leaders and their attorneys be provided to the court. But when those representing the United Effort Plan and its interests then engaged in settlement negotiations and asked that the court halt its other motions, the court said that action negated the need for the supplementary hearings and arguments. In this decision, they denied the latest petition calling for those court hearings, stating that the attorneys cited a rule that should only be used in emergency request situations. They also stated that you cannot combine that rule with another, as was attempted in this case, because it placed an "unfair burden" on the opposing attorneys in the case. In its decision, the court's decision states that it handed down the decision in fairness. "We note that we do not perceive any abusive intent or action in this case."
e-mail: emorgan@desnews.com | ||||||||||||||||||||||||||||||||||||||
| Estate of dead FLDS leader seeks control of trust | ||||||||||||||||||||||||||||||||||||||
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The Associated Press Deseret News Originally published Monday, Nov. 23, 2009 | ||||||||||||||||||||||||||||||||||||||
| Attorneys for the executor for the estate of deceased polygamous church leader Rulon Jeffs are asking a judge to remove a communal land trust from state control and return it to the church's governing body. In court papers filed Monday in 3rd District Court, attorneys for the Fundamentalist Church of Jesus Christ of Latter Day Saints contend the properties held by the United Effort Plan Trust belong to the Corporation of the President. The Utah courts took control of the trust in 2005 after allegations of mismanagement by Warren Jeffs, the current FLDS president and son of Rulon Jeffs, who died in 2002. The court revamped the trust in 2006, stripping out its religious purpose and expanding its beneficiaries to include former church members. Valued at an estimated $114 million, the trust holds most of the land and homes in Hildale, Utah, Colorado City, Ariz., and Bountiful, British Columbia, where most church members live. FLDS attorney Rod Parker said the trust has been mishandled by the courts. Parker, who drafted a version of the trust for Rulon Jeffs in 1998, said control of the trust should have reverted to the church corporation. The FLDS consider communal living a religious principle and formed the trust in 1942 so their communal assets could benefit all who keep the tenets of the faith. FLDS members view state intervention in the trust as an attack on their religion. Parker said rewriting the trust to remove its religious and communal purposes is not in keeping with the intentions of the original trust founders' plan and denied both the estate and the Corporation of the President due process. Neither the estate nor the corporation were given adequate notice of the court's intention to revamp the trust, he said. Read more | ||||||||||||||||||||||||||||||||||||||
| FLDS leadership asks court for new trust manager | ||||||||||||||||||||||||||||||||||||||
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By Jennifer Dobner Associated Press Deseret News Originally published Wednesday, Dec. 2, 2009 | ||||||||||||||||||||||||||||||||||||||
| The governing body of a southern Utah-based polygamous church is asking a judge to remove a court-appointed accountant from his job managing the group's land trust. Leaders of the Fundamentalist LDS Church object to Bruce Wisan's management of the United Effort Plan Trust and want a judge to appoint someone "less controversial" to the post. Wisan has managed the trust since 2005, when the Utah courts took control of its assets amid allegations that church president Warren Jeffs — then a fugitive from Arizona on criminal charges — had used trust assets for personal benefit. There were also concerns Jeffs left the trust vulnerable to liquidation from default judgments in civil lawsuits filed in 2004. The court removed FLDS religious leaders as trustees and rewrote the trust in 2006, stripping out its religious purpose and expanding its beneficiaries to include former church members. In court papers filed Tuesday in 3rd District Court, attorneys for the FLDS said Wisan has gradually assumed more authority but has not improved the trust. Court papers filed Wednesday on behalf of the Corporation of the President of the FLDS Church and heirs of deceased president Rulon T. Jeffs contend the courts violated the trust's charter by giving Wisan control. Attorney Rod Parker, who drafted a version of the trust in 1998, has said control of the trust should have reverted to the church corporation when FLDS leaders were deemed unable to manage it in 2005. "The situation today, under Mr. Wisan's stewardship, is in many respects decidedly worse than it was four years ago," Parker wrote. "This reformed trust 'cannot be effectively administered,' and there appears to be no realistic plan for winding up what was supposed to be temporary state administration." Read more | ||||||||||||||||||||||||||||||||||||||
| Polygamist vs. Polygamist | ||||||||||||||||||||||||||||||||||||||
| FLDS Church exiles battle for the hearts and homes of the polygamous faithful. | ||||||||||||||||||||||||||||||||||||||
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By Stephen Dark Salt Lake City Weekly Originally published Wednesday, December 9, 2009 | ||||||||||||||||||||||||||||||||||||||
| When Jethro Barlow went to a Sunday worship service at the Fundamentalist Church of Jesus Christ of Latter Day Saints Church in Colorado City, Ariz., with some of his 19 children on Feb. 23, 2003, two fellow devout church members stopped him before he entered. After allowing his children inside, they then barred him from entry. "I’ve been told to tell you that you are not welcome," one of the men said to Barlow. Barlow was among the first of what would be more than 200 men and 1,000 male youths banished by FLDS Prophet Warren Jeffs. Jeffs led the church from 2002-07 before his arrest in September 2007 on two counts of rape as an accomplice, charges for which he was subsequently convicted and is currently serving two consecutive sentences of five years-to-life in the Utah State Prison. After being barred from the church, Barlow went home to the two-story, seven-bedroom house in Hildale, Utah, he’d built with his two wives, Joan and Shirlee, and told them what had happened. Joan started laughing, hoping it meant they could leave the FLDS community that she considered repressive. The children were less pleased. When they left the church after the service, the congregation parted and turned their backs toward the Barlow offspring, as if they were lepers. Read more | ||||||||||||||||||||||||||||||||||||||
| Land trust attorney wants Warren Jeffs to testify | ||||||||||||||||||||||||||||||||||||||
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The Associated Press Deseret News Originally published Tuesday, Dec. 15, 2009 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY — A court-appointed accountant managing a land trust with ties to a Utah-based polygamous church wants a judge to order a deposition of the faith's jailed leader, Warren Jeffs. Attorneys for Bruce Wisan contend Jeffs, head of the Fundamentalist LDS Church, has ignored a 2005 order demanding information about the trust. In a Friday court filing, Wisan's attorneys argue that because the church corporation is attempting to intervene in the trust dispute, Jeffs should be found in contempt and deposed. The United Effort Plan Trust holds the property in Hildale, Utah, and Colorado City, Ariz., where most FLDS members live. The trust was seized by the Utah courts in 2005 after allegations of mismanagement by Jeffs and other leaders. Jeffs is in an Arizona jail pending two criminal trials. | ||||||||||||||||||||||||||||||||||||||
| Utah Supreme Court order buys more time for FLDS to plead case | ||||||||||||||||||||||||||||||||||||||
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By Emiley Morgan Deseret News Originally published Wednesday, Dec. 30, 2009 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY — A Utah Supreme Court justice has issued an order granting a request by the Fundamentalist LDS Church for a motion of emergency relief in regard to the sale of dairy cows and a "sacred" parcel of land. Attorneys for members of the polygamist sect filed the request Tuesday, asking that their petition be granted by a justice or that the amount of time for responses to be filed on their petition be shortened. In an order written Wednesday, Justice Ronald Nehring ordered that all responses be filed by Jan. 4 at 5 p.m. Nehring also granted the motion that will allow for repurchase of cows previously sold, until the petition is heard in court The FLDS petition stated that the emergency relief is being sought in regard to a court order that authorized the sale of assets claimed by the FLDS, including a parcel of land known as Berry Knoll Farm and a group of cows. "The loss of both the Berry Knoll Farm and the specially bred and raised dairy cows … constitutes irreparable harm as a matter of law," the petition said. According to court documents, the farm is regarded as "a sacred temple site and a farm long used under the direction of FLDS bishops to meet the 'just wants and needs' of the FLDS people." The group of dairy cows in question is used "to provide wholesome milk for the FLDS people." Read more | ||||||||||||||||||||||||||||||||||||||
| Arizona wants to dissolve polygamist trust | ||||||||||||||||||||||||||||||||||||||
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U.S. News United Press International Originally published Dec. 30, 2009 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY, Dec. 30 (UPI) -- The Arizona Attorney General's Office says liquidating a property trust set up by a polygamous community may be the best way to save it. The United Effort Plan Trust owns most of the property in the twin communities of Hildale, Utah, and Colorado City, Ariz., as well as Bountiful, British Columbia, in Canada. The trust was created in 1942 by the Fundamentalist Church of Jesus Christ of Latter-Day Saints, a breakaway Mormon group. In a motion filed with Judge Denise Lindberg in Utah, Arizona officials asked her to start a six-month investigation by the attorney general's offices of both states. In court papers, officials suggested liquidation might be the best way to safeguard the UEP's remaining assets. Utah moved for a takeover four years ago, saying that would protect residents of Hildale, Colorado City and Bountiful from losing their homes because of lawsuits against the FLDS. But there is now new litigation involving the court-appointed trustee and his actions. | ||||||||||||||||||||||||||||||||||||||
| Utah Supreme Court Justice Grants FLDS More Time to Plead Case | ||||||||||||||||||||||||||||||||||||||
| FLDS Gets Emergency Stay in Berry Knoll Farm Sale | ||||||||||||||||||||||||||||||||||||||
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By Howard M. Friedman KCSG Originally published Dec 31, 2009 | ||||||||||||||||||||||||||||||||||||||
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Utah Supreme Court Justice Ronald Nehring has granted a request by the FLDS Church for emergency relief in the sale of a parcel of land known as Berry Knoll Farm and a herd of cows.
The FLDS Church on Monday filed a petition with the Utah Supreme Court asking it to stay all proceedings and orders by the lower court in the long-running case seeking to reform the Untied Effort Plan Trust. The Trust holds communal property in Hilldale, Utah and Colorado City, Arizona that belonged to FLDS members. The move came after 3rd District Court Judge Denise Lindberg sealed all filings relating to the future of the Trust and rejected the Church's efforts to intervene in the case. The FLDS, known for its belief in polygamy, says that the secular management of the trust under court jurisdiction makes it impossible for members to organize their lives in a communal "Holy United Order" as required by their religious teachings. The United Effort Plan Trust, which holds most of the FLDS property located in Hilldale, Utah; Colorado City, Arizona.; and Bountiful, British Columbia, is currently supervised by the 3rd District Court in Salt Lake City. The trust valued at more than $100 million was seized by the court in 2005 amid claims that it was being mismanaged by FLDS leader Warren Jeffs. See photo | ||||||||||||||||||||||||||||||||||||||
| United Effort Plan trustee files year-end report | ||||||||||||||||||||||||||||||||||||||
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By Geoff Liesik Deseret News Originally published Friday, Jan. 1, 2010 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY — The United Effort Plan Trust filed its year-end report Thursday in 3rd District Court. The $100 million-plus trust holds most of the homes and property in Hildale, Utah, Colorado City, Ariz., and Bountiful, British Columbia, communities long dominated by members of the Fundamentalist Church of Jesus Christ of Latter Day Saints. It was seized by Utah's courts in 2005 after state attorneys alleged church president Warren Jeffs — then a fugitive from Arizona criminal charges — had used trust assets for personal benefit and left it vulnerable to liquidation from default judgments in civil lawsuits filed in 2004. The 87-page document filed Thursday outlines the settlement attempts and challenges the trust encountered in 2009, according to Val Oveson, spokesman for the trust's court-appointed special fiduciary, Bruce Wisan. It describes the failed attempt to settle disputes, despite "days of mediation," that would have allowed trust assets to be distributed to the beneficiaries without litigation. It also blames some members of the FLDS Church with impeding settlement of the trust, in part by hiring seven law firms in 2009 alone. "These attorneys have filed dozens of motions and lawsuits in an attempt to disrupt the special fiduciary from executing his obligations," Oveson said, who noted that the trust has prevailed in all legal matters brought against it by those opposed to its efforts. Oveson said the trust is in debt — now estimated at over $3 million — with the vast majority of the additional debt being incurred to fight ongoing litigation. He said that leaves Wisan with no choice but to sell assets held by the trust to keep FLDS members from losing their homes. Read more | ||||||||||||||||||||||||||||||||||||||
| FLDS Trust Administrator Files Year End Report | ||||||||||||||||||||||||||||||||||||||
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Reported by: Brian Mullahy KUTV 2News Originally broadcast Friday, Jan 1, 2010 | ||||||||||||||||||||||||||||||||||||||
| It's more than 80 pages long, with a stack of documentation said to be a foot thick, and it paints a messy picture of legal struggles surrounding the FLDS polygamous enclaves of Hildale-Colorado City. On the last day of 2009, lawyers for accountant Bruce Wisan, the man appointed to administer property in the twin communities, submitted a year end report to Judge Denise Lindberg. "I have seen some complicated legal situations involving taxation and individuals, and this is one of the most difficult," said Val Oveson, a partner in Wisan's firm, and a former Utah Lieutenant Governor. "It's all consuming." Specifically, the report said the trust which holds homes, businesses and land in the polygamous cities, owes one law firm more than $1.6 million dollars, but because of FLDS actions, has little cash to foot the bill. Wisan, through Attorney Jeffrey Shields, said the trust has faced "a barrage of litigation attacks" from FLDS members, but has been thwarted from selling a prime asset to generate revenue. What's more, according to the report, "most residents of trust land are refusing to pay" special trust assessments of $100 a month. Further, the report asserted evidence exists to show police officers and city leaders discriminated against people who are not of the FLDS fold. Arizona Attorney General Terry Goddard is seeking to investigate the conduct of city governments, and the trust is encouraging Utah Attorney General Mark Shurtleff to join the effort. Read more | ||||||||||||||||||||||||||||||||||||||
| Jeffs trying to usurp UEP Trust, attorneys say | ||||||||||||||||||||||||||||||||||||||
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By Geoff Liesik Deseret News Originally published Friday, Jan. 22, 2010 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY — Warren Jeffs may be a convicted felon serving prison time, but attorneys for the United Effort Plan Trust say that hasn't stopped the FLDS leader from causing problems for them, and in turn, for his current and former followers. From behind bars, Jeffs has instructed a "shadow elite" comprised of Fundamentalist LDS Church leaders, such as Willie Jessop, to block any effort by a court-appointed fiduciary, Bruce Wisan, to administer the trust, according to a memorandum filed Thursday in 3rd District Court by UEP attorneys. "These instructions included the hiding and destruction of documents and directing municipal government leaders," the court filing states. Jeffs is serving two sentences of five years to life in prison on a two-count conviction of accomplice to rape stemming from a "spiritual marriage" he presided over between a 14-year-old girl and her 19-year-old cousin. He faces additional charges in Arizona and Texas, as well as federal charges tied to his attempt to flee from authorities, which landed him on the FBI's Most Wanted list for a time. Rod Parker, a Salt Lake attorney who represents FLDS members opposed to the fiduciary's plans for the trust, calls the allegations that Jeffs is still in control of the sect from prison "outrageous." He characterized it as a tactic Wisan is using to "divert people's attention from his own failure as the fiduciary." "He's at war with the beneficiaries of the trust. He openly acknowledges it," Parker said. "He calls it a psychological war. That's what this is when they put this kind of stuff out. This has nothing to do with the administration of the trust." Read more | ||||||||||||||||||||||||||||||||||||||
| EXCLUSIVE: Utah Attorney General demands settlement in FLDS land war | ||||||||||||||||||||||||||||||||||||||
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FOX 13's Ben Winslow reports KSTU-TV Originally broadcast February 3, 2010 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY - Utah's Attorney General is demanding a settlement to the ongoing legal feud over the Fundamentalist Church of Jesus Christ of Latter-day Saints' land-holdings arm. In a letter obtained by Fox 13 News, Mark Shurtleff puts a 30-day deadline on any settlement negotiations. "It appears to me there is no reason why a settlement cannot be achieved along the lines of this proposal," Shurtleff wrote to lawyers representing the FLDS Church. "Some items may need to be tweaked, and others may need to be massaged a little further, but on the whole it appears to me that if the parties are to achieve a settlement the best chance for that is to work from this proposal. If your client has trouble with the fact that the proposal comes from the Special Fiduciary, then let's call it my proposal." The United Effort Plan (UEP) Trust controls homes and property in the polygamous border towns of Hildale, Utah, and Colorado City, Ariz. It was taken over by the Utah state courts in 2005 over allegations that FLDS leader Warren Jeffs and others mismanaged it. A court-appointed special fiduciary was installed to manage it. The FLDS have recently challenged the management of the trust and the planned sale of land in their communities. Settlement talks last year failed, but Shurtleff's letter adds incentive to reach a resolution, assistant Utah Attorney General Tim Bodily told Fox 13 News on Wednesday. If no resolution is reached, Shurtleff's letter suggests they will throw support behind recommendations by the Arizona Attorney General and the special fiduciary, which would likely include the sale of land collectively held by the trust. Beyond the settlement, Shurtleff also made another threat: "we are prepared to seek a disincorporation of the city of Hildale with the Legislature if necessary." FLDS attorney Rod Parker told Fox 13 News they continue to negotiate in good faith and that Shurtleff's letter was inconsistent with the spirit of the ongoing talks. | ||||||||||||||||||||||||||||||||||||||
| Read Mark Shurtleff's Letter to FLDS attorneys regarding settlement of the UEP Trust feud within 30 days dated January 26, 2010 | ||||||||||||||||||||||||||||||||||||||
| Shurtleff issues ultimatum to FLDS over trust | ||||||||||||||||||||||||||||||||||||||
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By Geoff Liesik Deseret News Originally published Wednesday, Feb. 3, 2010 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY — An attorney for the FLDS Church is blasting Utah Attorney General Mark Shurtleff over a letter that gives the sect 30 days to settle an ongoing dispute over a multimillion-dollar trust or face consequences. "It's politics, and I'm here to say I don't want him to get away with that," said attorney Rod Parker, who added the letter "comes right out of left field." "(Shurtleff) knows that's not an honest letter," Parker said, "and he needs to step up and take responsibility for what's going on." Shurtleff and leaders of the Fundamentalist LDS Church have been in ongoing negotiations for the past six months, seeking to settle a nearly 5-year-old dispute over the United Effort Plan Trust. The $100 million-plus trust holds most of the homes and property in Hildale, Utah; Colorado City, Ariz.; and Bountiful, British Columbia, Canada — communities long dominated by members of the FLDS Church. It was seized by Utah's courts in 2005 after state attorneys alleged that FLDS leader Warren Jeffs — then a fugitive from Arizona criminal charges — had used trust assets for personal benefit and left it vulnerable to liquidation from default judgments in civil lawsuits filed in 2004. In a Jan. 26 letter to three FLDS attorneys, Shurtleff said he expected their clients to accept a settlement proposed by Bruce Wisan, the court-appointed special fiduciary of the trust. He set a Feb. 26 deadline for such a settlement. "If your clients are not willing to accept this offer, I will assume that they have no intention, or at least do not have the ability, to resolve this matter by settlement and that future settlement negotiations would be futile," Shurtleff wrote. He added that failure to reach a settlement by Feb. 26 would indicate that he should "support the rule of law" and join Wisan and the Arizona Attorney General's Office in their efforts to carry out previous court orders regarding the trust. "It is not politics," assistant Utah attorney general Jerrold Jensen said Wednesday. "What's prompted this is their refusal to make any movement toward settlement. All they want to do is file motion after motion with the courts." Read more | ||||||||||||||||||||||||||||||||||||||
| Utah AG demands settlement of land trust dispute | ||||||||||||||||||||||||||||||||||||||
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By Jennifer Dobner The Associated Press The Sierra Vista Herald - Sierra Vista, Arizona Originally published February 3, 2010 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY (AP) — Utah’s attorney general is demanding a settlement in a five-year dispute over control of a communal land trust once held by a polygamous church led by Warren Jeffs. The United Effort Plan Trust holds most of the property and homes in Hildale, Utah, and Colorado City, Ariz., the twin border towns that serve as home for most members of the Fundamentalist Church of Jesus Christ of Latter Day Saints. Valued at more than $110 million, the trust has been under the control of the Utah courts since 2005 after allegations of mismanagement by Jeffs and other church leaders. State attorneys said church leaders had used trust assets for their own benefit and failed to defend civil lawsuits that left the trust vulnerable to liquidation. Shurtleff’s office attempted last year to negotiate a settlement with the parties, including the FLDS, a court-appointed accountant and the Arizona attorney general’s office, but a judge rejected the plan. In a letter sent last week, Shurtleff gives FLDS attorneys 30 days to settle and suggested a proposal from Bruce Wisan, who manages the trust for the court, offers the best framework for a deal. "Some items may need to tweaked, and other may need to be massaged, a little further, but on the whole it appears to me that if the parties are to achieve a settlement the best chance for that is to work from this proposal," Shurtleff wrote. "This matter has gone on long enough." Rod Parker, an attorney for the FLDS, said the letter was "out of left field." "The conclusion we draw from that is that it’s a political statement designed to help him evade responsibility in the future," Parker said. Read more | ||||||||||||||||||||||||||||||||||||||
| Statement Addressing Attachment 7 on a Motion to Dismiss Filed in Arizona on Behalf of Bruce Wisan | ||||||||||||||||||||||||||||||||||||||
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Bruce Wisan – UEP Trust Special Fiduciary Press Statement Originally published February 10, 2010 | ||||||||||||||||||||||||||||||||||||||
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Press Statement
February 10, 2010 Statement Addressing Attachment 7 on a Motion to Dismiss Filed in Arizona on Behalf of Bruce Wisan A Motion to Dismiss with Prejudice and Request for Sanctions was filed in the Colorado City Magistrate Court, State of Arizona in early February 2010 by Darcy Downs-Vollbracht, the attorney for defendants Bruce Wisan and Jethro Barlow. Included in this filing were several attachments, including one with several thousand pages, all of which are dictations by Warren Jeffs, referred to as Attachment 7. Immediately after this filing, it was discovered, in part from active blogging by interested parties including the Salt Lake Tribune, that some of the attached documents were erroneously included and not meant for public disclosure. Ms. Downs-Vollbracht acting for Bruce Wisan has taken immediate action and communicated with the court the desire to withdraw that attachment for additional editing and redacting. The Motion and the relevant arguments for this case still stand as submitted. The following is the request submitted to the courts today, February 10, 2010. Dear Judge Haney and fellow counsel, Read more | ||||||||||||||||||||||||||||||||||||||
| Polygamist leader's diary posted to Web | ||||||||||||||||||||||||||||||||||||||
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United Press International NY • US • WORLD Utica Daily News - Utica, NY Originally published February 12, 2010 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY, Feb. 12 (UPI) -- Excerpts from polygamous leader Warren Jeffs's diary were posted on the Web this week after an Arizona lawyer released them by mistake, officials said. D'Arcy M. Downs-Vollbrachtn is representing Bruce Wisan, court-appointed trustee of the United Effort Plan, which was founded by Jeffs's father. She thought she had only released sections of the diary dealing with the plan but mistakenly included 4,000 additional pages, The Salt Lake Tribune reported. Jeffs, the leader of the Fundamentalist Church of the Latter Day Saints, is serving a prison term in Utah for arranging a marriage for an underage girl. He faces similar charges in Arizona. Downs-Vollbracht is defending Wisan against a trespass charge in Arizona. Bloggers who already operate two sites about the FLDS announced a new one Monday, FLDS Priesthood Records. They began posting selections from Jeffs's diary the next day. Downs-Vollbracht, who learned of the posting from a Tribune reporter, got the records taken off the Internet and asked a judge to seal the records Wednesday. She apologized to Jeffs. | ||||||||||||||||||||||||||||||||||||||
| Utah Supreme Court to weigh in on FLDS trust issues | ||||||||||||||||||||||||||||||||||||||
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By Emiley Morgan Deseret News Originally published Tuesday, Feb. 16, 2010 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY — The Utah Supreme Court will hear two arguments relating to the Fundamentalist LDS Church Wednesday, including one asking the justices to overrule a lower court decision authorizing the sale of land they consider sacred. The hearings are the latest in what has become an ongoing conflict between members of the polygamous group and the state. The struggle between the two has been ongoing since the United Effort Plan trust was accused of abusing its financial powers and a state judge appointed a fiduciary, Bruce Wisan, five years ago. The UEP was established in 1942 and was fashioned after the United Order, a 19th-century religious concept under which church members donate all their assets to a communal organization and everyone would share so there would be no poverty or materialism. Utah took over financial oversight of the UEP in 2005 amid allegations of mismanagement by the group's leader, Warren Jeffs, who is now in prison in Arizona for being an accomplice to rape. He faces other felony charges in Arizona and Texas. According to court documents filed in the case, the trust was set up, ideally, to "protect the FLDS people." "The FLDS leaders were using the trust as a tool to expel boys from their homes and families and force preteen and teenage girls to enter into 'spiritual marriages' with men often decades older," one court document alleged. But FLDS members believe their rights of religious freedom were violated by the reformation and seizure of the trust. In court documents they say the state control of the trust "is an arrogation of state power over religious freedom on a scale not seen since this court dealt with an historical precedent more than a century ago." Read more | ||||||||||||||||||||||||||||||||||||||
| Utah high court hears FLDS land trust dispute | ||||||||||||||||||||||||||||||||||||||
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Associated Press The Spectrum Originally published February 17, 2010 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY (AP) — The Utah Supreme Court will hear arguments in a five-year-old dispute over control of a communal land trust once held by Warren Jeffs' polygamous church. Justices are scheduled to hold two hearings related to the United Effort Plan Trust on Wednesday. The trust is valued at more than $110 million and holds most of the homes and land in Hildale, Utah and Colorado City, Ariz. The twin towns are home to most members of the Fundamentalist Church of Jesus Christ of Latter Day Saints. The Utah courts took control of the trust in 2005 after allegations of mismanagement by Jeffs. In court papers, attorneys for the FLDS argue that Utah's management of the trust has violated the sect's religious rights. | ||||||||||||||||||||||||||||||||||||||
| Justices hear arguments on FLDS land trust | ||||||||||||||||||||||||||||||||||||||
| Lawyers argue the validity of the 'united order' agreement | ||||||||||||||||||||||||||||||||||||||
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By Emiley Morgan Deseret News Originally published Wednesday, Feb. 17, 2010 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY — Some believe the action was, and is, a matter of protecting homes. Others, including those whose homes are at stake, believe it is a violation of their religious rights. The Utah Supreme Court heard from both sides Wednesday in the ongoing fight over the state's decision to take over and reform a land trust held by the Fundamentalist LDS Church. Attorneys on both sides argued about the validity of the trust, which was created by the FLDS church in 1942 on the concept of a "united order," allowing followers to share in its assets. Utah courts took control of the trust in 2005 following allegations that it had been mismanaged by church leader Warren Jeffs. Members of the polygamous sect contend a judge changed the trust from a religious to a secular entity in violation of their First Amendment rights to practice their religion freely. The state contends that the land in question had been abandoned and the time for appeal has passed. The arguments directly addressed 3rd District Judge Denise Lindberg's 2006 decision to reform the trust, which is valued at more than $110 million and holds most of the property in Hildale, Utah; Colorado City, Ariz.; and Bountiful, British Columbia. Lindberg later authorized the sale of Berry Knoll, a 438-acre parcel of land the FLDS claim was consecrated for a temple, to repay the trust's $3 million in debt — largely incurred by the ongoing litigation. Chief Justice Christine Durham asked attorneys for the trust whether they can even bring a "collateral attack" on an order that is now 3 1/2 years old. Rod Parker, attorney for the FLDS, said church members initially saw the reformation as a "test of their faith." But when they felt their test was complete, they went to court to assert their rights over the trust and its $100 million-plus in assets. Read more | ||||||||||||||||||||||||||||||||||||||
| Utah Supreme Court considers FLDS land case | ||||||||||||||||||||||||||||||||||||||
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Ben Winslow FOX 13 News KSTU-TV Originally broadcast February 17, 2010 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY - The Utah Supreme Court is considering an appeal by the Fundamentalist Church of Jesus Christ of Latter Day Saints over who controls all the homes and land in the polygamous towns of Hildale, Utah, and Colorado City, Ariz. The land is part of a communal trust now under court control, and FLDS Church members want it back. FLDS members argued before the Utah Supreme Court today that the state's control of the $100 million United Effort Plan (UEP) Trust violates their right to consecrate their property to their church. "Thousands of people are relying on what's happening here today in terms of their entire future," said Rod Parker, a lawyer for the FLDS Church. The UEP is a "united order," where everything is communally owned. The FLDS argue that they have a right to consecrate it. The courts took control of it back in 2005, saying that Warren Jeffs and others put the trust at risk by failing to defend it from lawsuits. Now the trust is deep in debt and land is being sold to pay bills. For years, the FLDS were silent. An attorney for the 10 thousand member polygamous church told the Supreme Court the reason why, was "a test of faith." In court, the Supreme Court justices questioned if they were too late in objecting to the court takeover of the trust. "How many years have we been standing at the courthouse steps saying we're here?" FLDS member Willie Jessop said outside of court. "And how do we get in?" Read more | ||||||||||||||||||||||||||||||||||||||
| FLDS fighting for property trust in Utah Supreme Court | ||||||||||||||||||||||||||||||||||||||
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By John Hollenhorst KSL 5 TV Originally broadcast February 17, 2010 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY -- Followers of imprisoned polygamist leader Warren Jeffs took their battle to the Utah Supreme Court Wednesday morning. They're fighting for control of a property trust that's worth more than $100 million. The loyal followers of Jeffs are fighting an uphill battle to win back the property trust. It was seized by the courts in 2005. At that time, Jeffs' followers kept quiet and didn't fight the state takeover because Jeffs ordered them not to -- as a test of faith. Now they're fighting tooth and nail. The trust funds nearly all of the property and homes in the Fundamentalist Church of Jesus Christ of Latter Day Saints (FLDS) home base, the twin communities of Hildale, Utah, and Colorado City, Ariz. Jeffs used to control nearly all the homes and real estate in the FLDS community. The so-called "U.E.P. trust" is supposed to benefit all members. But critics claim Jeffs used his power to assign housing as a way to control the FLDS. The state seized the trust when lawsuits threatened to undermine it financially. The court seized the trust theoretically on behalf of FLDS members. That's because Warren Jeffs and other FLDS leaders were not defending it against lawsuits that might have cost members their homes. Wednesday, FLDS leaders went to the State Supreme Court at the Matheson Courthouse, trying to win back the property trust. They say the court-appointed trust fiduciary has racked up millions in legal fees and is trying to raise the money by selling off church property. They argue that seizure and control by the fiduciary has trampled their religious freedoms and caused a financial train wreck in their community. FLDS spokesman Willie Jessop said, "At the end of the day, this thing has really been nothing but a Ponzi scheme from the attorneys to figure out how to liquidate land for their own selves and not for the people." Read more | ||||||||||||||||||||||||||||||||||||||
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Video Courtesy of KSL.com | ||||||||||||||||||||||||||||||||||||||
| Dispute Over Polygamous Sect Property Trust Argued Before Utah Supreme Court | ||||||||||||||||||||||||||||||||||||||
| FLDS: Did sect wait too long to object? | ||||||||||||||||||||||||||||||||||||||
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By Associated Press KCSG TV Originally published February 17, 2010 | ||||||||||||||||||||||||||||||||||||||
| (Salt Lake City, UT) - Utah's highest court weighed in on the long running dispute over a polygamous sect's property trust Wednesday with one central question: Why did sect members wait so long to challenge a judge's decision to remove the trust's religious foundation? Members of the Fundamentalist Church of Jesus Christ of Latter-Day Saints claim their Constitutional rights were violated when a judge reformed the United Effort Plan Trust, transforming it into a secular trust. Rod Parker, an attorney representing the sect, said the sect initially viewed the trust takeover as a "religious test" but reached a point where they decided "the test was over and they needed to protect the trust." Parker told the justices he believes there is no time limit for raising constitutional objections in a matter that is "wrapped up in religion." He asked the justices to stay all court proceedings, including sale of land considered sacred by the FLDS, while they consider the sect's petition. Utah Attorney General Mark Shurtleff sought the trust's takeover in 2005 after its assets were targeted by former FLDS members' lawsuits. He also alleged that the FLDS trustees were mismanaging the trust, which holds property valued at $110 million in Hildale, Utah; Colorado City, Arizona; and Bountiful, British Columbia, Canada. Trust property consists primarily of homes, several farms, vacant land and some commercial developments. Third District Judge Denise Lindberg, who presides over the UEP case, rewrote the trust charter in 2006 to exclude religious tenets that included support of polygamy. She ordered that it be managed on "neutral principles." That, Parker said, allowed FLDS members to be discriminated against and set in motion a "train wreck" in the community. Parker argued that the district judge had one option after taking over the trust in 2005: To find that the trust had failed and, as required by its then bylaws, deliver its assets to the church's corporate entity. Read more | ||||||||||||||||||||||||||||||||||||||
| Control of polygamous church's land disputed | ||||||||||||||||||||||||||||||||||||||
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BY JENNIFER DOBNER Associated Press The Spectrum Originally published February 18, 2010 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY — A Utah judge should be ordered to return control of a communal land trust once held by Warren Jeffs’ polygamous church because it violates the sect’s religious rights, lawyers argued Wednesday before the Utah Supreme Court. Justices heard arguments in the five-year-long dispute over control of the trust that is valued at more than $110 million and holds most of the property in Hildale, Colorado City and Bountiful, British Columbia. Those communities are home to members of the Fundamentalist Church of Jesus Christ of Latter Day Saints. The Utah courts took control of the trust in 2005 after state attorneys alleged mismanagement by Jeffs, who left it vulnerable to liquidation by failing to fight a pair of civil lawsuits in 2004. In his argument, Wednesday, FLDS attorney Rodney Parker said 3rd District Court Judge Denise Lindberg’s 2006 decision to strip the trust of its original religious purposes went too far when she "reformed" the trust into a secular entity. "We don’t think the court had the power to do it," Parker said. Those opposing the church — including the Utah and Arizona attorneys general and court-appointed accountant Bruce Wisan, who manages the trust — said it’s too late for church members to ask for such reversals. Under the law, the ruling should have been challenged within 30 days, said Arizona Assistant Attorney General Bill Richards. "The answer lies inside the religious box. ... It was a test of faith," said Parker, trying to explain during oral arguments why the FLDS failed to challenge the changes until 2008. The law, Richards argued, provides no exceptions "for a rigorous test of faith." Read more | ||||||||||||||||||||||||||||||||||||||
| Court To Decide Fate Of FLDS Trust | ||||||||||||||||||||||||||||||||||||||
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By EU News Network (EUNewsNet.com and OfficialWire) Originally published February 19, 2010 | ||||||||||||||||||||||||||||||||||||||
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OfficialWire
SALT LAKE CITY, UT The Utah Supreme Court must decide whether a judge had the authority to sever a trust's ties with a polygamous religious group. Lawyers for the Fundamentalist Church of Latter-Day Saints argued Wednesday that Judge Denise Lindberg acted unconstitutionally when she rewrote the charter of the United Effort Plan, The Salt Lake Tribune reported. The UEP owns property in the FLDS enclaves of Colorado City, Utah; Hildale, Ariz., and Bountiful, B.C. The major issue before the court is whether the FLDS waited too long to challenge Lindberg's 2006 actions. Rod Parker, the lawyer representing the group, argued constitutional arguments can be raised at any time. The state attorney general launched a takeover of the UEP in 2005 after former members of the FLDS sued it. Parker argued the result has been a "train wreck," with Bruce Wisan, the Salt Lake City accountant appointed as trustee, running up millions of dollars in debt, much of it in fees to himself. Contact European News Network EU News Network wire@eunewsnet.com Tel: +44 (0) 758-845-6978 | ||||||||||||||||||||||||||||||||||||||
| FLDS land deadline comes and goes, both sides still talking | ||||||||||||||||||||||||||||||||||||||
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Ben Winslow Fox 13 News KSTU-TV Originally broadcast February 28, 2010 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY - A deadline to settle the years-long battle over land in the polygamous border towns of Hildale and Colorado City -- has come and gone. Now both sides are gearing up for a legal war, but say there's still hope to end the land feud. In a letter first reported by Fox 13 earlier this month, Utah Attorney General Mark Shurtleff issued an ultimatum to the FLDS Church: settle the ongoing feud over the United Effort Plan Trust in 30 days or prepare for massive amounts of litigation. He even threatened to disincorporate the southern Utah town of Hildale. The deadline was Friday, but Shurtleff tells Fox 13 he is still encouraging all sides to keep talking in hopes of reaching a settlement. "We litigate. We investigate. At the same time, I'm saying, 'talk to us,'" he said in an interview. Lawyers representing the FLDS Church say they are still hopeful that a settlement can be reached. "We're still talking," said Rod Parker, an attorney for the church. "I don't think anybody wants to see this thing blow up. I think everybody would like to find some way to settle it, but it's not easy." The UEP Trust is based on the early-Mormon concept of a "united order," where homes and property were put into a common pot. A judge in Salt Lake City's 3rd District Court took it over in 2005 over allegations that Warren Jeffs and other FLDS leaders mismanaged it. The FLDS have recently gone to the court, arguing that the takeover violates their right to consecrate their property to their faith. The reformed trust calls for the communal land to be subdivided, with members getting deeds to their homes. But a sticking point appears to be the deeds -- and FLDS faithful's reluctance to take a deed. "Because they've consecrated it to the Lord, and therefore they can't take it back," Parker told Fox 13. Read more | ||||||||||||||||||||||||||||||||||||||
| Utah Attorney General investigating water company | ||||||||||||||||||||||||||||||||||||||
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Ben Winslow Fox 13 News KSTU-TV Originally broadcast March 7, 2010 | ||||||||||||||||||||||||||||||||||||||
| HILDALE - The Utah Attorney General's Office confirms it has opened an investigation into allegations of misuse of funds surrounding a company that owns the water rights in the polygamous border towns of Hildale, Utah, and Colorado City, Ariz. "It appears that there's been a gross misappropriation of funds," said Bruce Wisan, the court-appointed accountant overseeing the United Effort Plan (UEP) Trust, which controls homes and property in the communities. Most of the land in Hildale and Colorado City is under court control. The UEP Trust was taken over by a judge in 2005 over allegations that Fundamentalist Church of Jesus Christ of Latter Day Saints leader Warren Jeffs and others mismanaged it. Wisan, who was appointed by the courts to manage the trust, said he has been looking into a company called Twin City Water Works to recover assets. Wisan subpoenaed bank records and check stubs to determine where money was going. Twin City Water Works is registered as a non-profit in Arizona, but controls the water rights in the communities. Wisan alleges that he found checks made out to the FLDS Church's Bishop's Storehouse and other things that he claims have nothing to do with the water company. "(The) purchase of vehicles, cabinets, for example, $53,000 in cabinets," Wisan told Fox 13. "Twin City Water Works has no official office, it's just being run out of a home." Wisan bolstered his claims by citing in a recent court filing a letter that was seized in the 2008 raid on the FLDS Church's Yearning for Zion Ranch in Eldorado, Texas. The letter was written in 2006 to FLDS leader Warren Jeffs from a trustee of the water company, Joseph Allred. The letter, which was redacted heavily in the court filing, claims that a family's living expenses had been paid by the company and seeks his advice. "I am seeking counsel on whether or not to continue paying some home bills from the company funds," the letter said. "If I were to characterize it, I would say that FLDS leadership has been using Twin City Water Works as a slush fund," Wisan said Read more | ||||||||||||||||||||||||||||||||||||||
| FLDS fighting to keep documents out of land trust case | ||||||||||||||||||||||||||||||||||||||
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Ben Winslow Fox 13 News KSTU-TV Originally broadcast March 26, 2010 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY - Documents that may have been taken in the 2008 raid on the Fundamentalist Church of Jesus Christ of Latter Day Saints' ranch in Texas have found their way into a civil case in Utah, and members of the polygamous church are fighting to keep them out. The documents were filed by the court-appointed special fiduciary of the United Effort Plan Trust (UEP), which controls land and homes in Hildale, Utah, and Colorado City, Ariz. They contain pages of dictations purportedly by FLDS leader Warren Jeffs. They detail underage marriages and the ongoing legal battle. "The Lord will have me do more marriages of very young girls. This will make the government rage and come against us stronger than ever," Jeffs reportedly wrote in a 2004 dictation filed as an exhibit. Jeffs was convicted in Utah of rape as an accomplice, for performing a marriage between a 14-year-old girl and her 19-year-old cousin. He faces similar charges in Arizona and Texas. "He ordered the continual marriage of underage women for the purpose of inciting the government to come and take over the community," said Val Oveson, a spokesman for Bruce Wisan, the UEP's court-appointed fiduciary. "He abandoned the community to Texas. All of that is explicitly outlined in the documents that we referred to." In its filing the fiduciary's lawyers say Jeffs ordered members to fight court-ordered reforms to the trust. "I am not surrendering the Church or the United Effort Plan Trust organizations, I am standing firm with God. And what the wicked do against us is their doing and it will being the judgments of God upon them and those that fall away," Jeffs reportedly wrote in another document, attached as an exhibit to the filing. Read more | ||||||||||||||||||||||||||||||||||||||
| FLDS raid changed attitude toward trust holdings | ||||||||||||||||||||||||||||||||||||||
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By Matthew Waller San Angelo Standard-Times Originally published April 2, 2010 | ||||||||||||||||||||||||||||||||||||||
| SAN ANGELO, Texas — The effects of the historic raid on the Yearning For Zion Ranch near Eldorado that began on April 3, 2008, still echo on the raid’s second anniversary, and some of those echoes reverberate in the financial structures of the polygamist church. They are felt especially in the United Effort Plan Trust, a massive holding of Fundamentalist Church of Jesus Christ of Latter Day Saints’ real and personal property with an assessed value of between $110 million and $130 million. The government took control of the trust in 2005 after allegations that its assets were being mishandled, and Bruce Wisan, a Salt Lake City certified public accountant, is the trust’s court-appointed fiduciary. Before the 2008 raid, Wisan said last week, residents of the YFZ Ranch were contributing some payments to the cost of operating the trust, but after April 2008, it was a different story. "Before the Texas rescue, before that incursion, I had sent letters to members of the community requesting that they sign occupancy agreements and pay an occupancy fee of $100 per household to cover the costs of the trust," Wisan said. "We were getting about 65 percent compliances. "After the Texas incursion, the mantra seemed to be, 'They took our kids. We got our kids back. They took our land. We’ll get our land back.’ The compliance dropped to zero." Read more | ||||||||||||||||||||||||||||||||||||||
| Warrants served on polygamous towns' offices in Colorado City, Hildale | ||||||||||||||||||||||||||||||||||||||
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By Emiley Morgan Deseret News Originally published Tuesday, April 6, 2010 | ||||||||||||||||||||||||||||||||||||||
| HILDALE, Washington County — More than 20 law enforcement officers from Utah and Arizona served search warrants Tuesday on government buildings and homes of government officials in two Fundamentalist LDS border towns, seeking evidence of "misuse of public funds." Rod Parker, an attorney for the FLDS Church, said the warrants were executed by police at fire stations in Colorado City, Ariz., and Hildale, Utah, around 6:30 a.m. The Mohave County (Ariz.) Sheriff's Office said warrants also were served on the homes of Colorado City Fire Chief Jake Barlow and on the home of Colorado City Manager David Darger. Different sources have indicated that there may have been anywhere from four to six warrants served in the two towns. "This investigation was for obtaining evidence of misuse of public funds as well as fraudulent schemes in connection with the city government and the fire departments," the sheriff's office said. Parker said he hadn't seen the warrants and could only speculate on what they included. He suggested they might be the result of "stuff that's been going on for years" between an investigator with the Mohave County Attorney's Office and fire officials in Colorado City. The sheriff's office said as many as 25 law enforcement officers, including those who specialize in computer forensics, were involved in the operation. Read more | ||||||||||||||||||||||||||||||||||||||
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John Hollenhorst covers the search warrants story on April 6, 2010 | ||||||||||||||||||||||||||||||||||||||
| Investigators eyeing FLDS controlled Twin City Water Works | ||||||||||||||||||||||||||||||||||||||
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Reported by: Brent Hunsaker ABC 4 News Originally broadcast April 7, 2010 | ||||||||||||||||||||||||||||||||||||||
| HILDALE, Utah (ABC 4 News) - Even as Arizona detectives are deep into one investigation in the polygamous communities of Hildale, Utah and Colorado City, Arizona, ABC 4 News has learned there is another investigation brewing. On Tuesday, 25 law enforcement officers from the Mohave County Sheriff as well as the Arizona Attorney General's office raid the three fire stations in the community as well as the homes of the fire chief and Colorado City manager. They confiscated boxes of documents as well as computers looking for evidence in scheme to misappropriate public money. The other investigation was spurred by discoveries made by Bruce Wisan, an accountant appointed by a Utah judge to oversee the trust that owns just about all the land in the twin towns. Curious why the Twin City Water Works was not paying for trust for water, Wisan asked for an accounting. When Joseph Allred, the man who apparently runs Water Works refused, Wisan went to the judge. "We subpoenaed the bank records," said Wisan. What he got stacks of checks from that subpoena. The checks represented payments made over a seven year period by Twin City Water Works - 4.3-million dollars in payments by a non-profit company that only wholesales water and maintains a few wells. Wisan said many of the payments were to various construction companies and suppliers of construction materials. One example: $53,434 paid to David Richter for cabinets. Wisan asks, "What are all of these construction expenses?" A good question since we could not even find an office for the company. Read more | ||||||||||||||||||||||||||||||||||||||
| FLDS Church: $3.2 Million Allegation | ||||||||||||||||||||||||||||||||||||||
| Down the Drain: Millions missing from coffers of Hildale/Colorado City water nonprofit. | ||||||||||||||||||||||||||||||||||||||
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By Stephen Dark Salt Lake City Weekly Originally published Wednesday, April 7, 2010 | ||||||||||||||||||||||||||||||||||||||
| Before licensed engineer Zachary Renstrom went to inspect water wells near the polygamous border towns of Hildale, Utah, and Colorado City, Ariz., in 2008, he e-mailed municipal officials that he was coming. But when he went to the wells, they were locked - something that city employees told him during a previous inspection never happened. Renstrom was hired by the United Effort Plan [UEP] trust, which owns most of the land and homes of the two towns, to assess the water system. In 2006, court-appointed special fiduciary Bruce Wisan took over the UEP, a communal trust set up in 1942 by the Fundamentalist Church of Jesus Christ of the Latter Day Saints [FLDS], which has long been thought to run the Hildale and Colorado City municipalities. Despite the lock-out, Renstrom says that information he got from government officials in Utah and Arizona showed that, with some improvements, the water system could provide water for many of the vacant properties and undeveloped lots in the towns. Hildale and Colorado City officials, though, have refused to allow improvements, unless the cash-strapped UEP pays for them. UEP officials, however, allege that the money that should have been invested in developing the water system over the past 10 years has instead been siphoned off by FLDS church leadership. These concerns come in the wake of Utah and Arizona police officers on April 6 searching for evidence of "misuse of public funds" and city government-related fraud, according to a Mohave County Sheriff’s Office press release. According to the UEP’s Wisan, from 2002 to 2009, checks totaling up to $3.2 million were cut by FLDS members and trustees of an unregulated nonprofit water company, called Twin City Waterworks (TCWW), to businesses that appeared to have very little to do with water management. Read more | ||||||||||||||||||||||||||||||||||||||
| Water firm's finances focus of new inquiry | ||||||||||||||||||||||||||||||||||||||
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BY KEVIN JENKINS The Spectrum Originally published April 9, 2010 | ||||||||||||||||||||||||||||||||||||||
| ST. GEORGE - Another government entity in the polygamous community on the Utah-Arizona border is under investigation. Just two days after Utah and Arizona officials served warrants in Hildale and Colorado City in an attempt to find evidence of misuse of taxpayer funds and alleged fraudulent schemes involving the community's fire department, Attorneys General from both states are looking into what could amount to the misuse of millions of dollars of taxpayer money diverted through a local water company. Last year, the United Effort Plan trust, which holds real and personal property of The Fundamentalist Church of Jesus Christ of Latter Day Saints, subpoenaed the bank records of Twin City Water Works, said court-appointed UEP fiduciary Bruce Wisan. The subpoena covered the period from January 2000 to October 2009. The FLDS church is the religious organization at the heart of the polygamous community's societies. The trust was created in 1942 and run by FLDS members, but the state of Utah took control of the trust in 2005 following allegations its assets were being mishandled. Wisan, a Salt Lake City certified public accountant, is the court-appointed manager of the trust. The Twin City Water Works was supposed to maintain and improve the water system in Hildale and Colorado City, but nothing was being done, Wisan said. The TCWW also was using water in the community but not paying for it, he said. "TCWW received money from the city to perform maintenance on the water system, to pay for the water and to build infrastructure as needed," Wisan said in a news release to The Spectrum. "In our eyes, none of this seemed to be happening." Read more | ||||||||||||||||||||||||||||||||||||||
| Tension escalating in polygamous land feud | ||||||||||||||||||||||||||||||||||||||
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Ben Winslow Fox 13 News KSTU-TV Originally broadcast July 13, 2010 | ||||||||||||||||||||||||||||||||||||||
| HILDALE - Tension over control of land in the polygamous border towns of Hildale, Utah and Colorado City, Ariz., have escalated to the point that Arizona's Attorney General is asking a Utah judge to step in. The Arizona Attorney General's Office filed an emergency motion in Salt Lake City's 3rd District Court recently. Tapes filed with the papers give a glimpse into the level of frustration between both sides. One confrontation between a member of the court-appointed advisory board and a Colorado City Town Marshal occurred when tractors were plowing land that was in dispute. "What does it take to get these guys to quit doing this?" Seth Cooke asked Marshal Helaman Barlow. "A court order," Barlow replied. "Do I have to go and get my 270 and start shooting people?" Cooke said. "I am (expletive) serious!" The United Effort Plan Trust controls homes and property in Hildale and Colorado City. It was taken over by the courts in 2005 over allegations that Warren Jeffs and other leaders of the Fundamentalist Church of Jesus Christ of Latter Day Saints mismanaged it. Arizona's filing detailed a long list of claims that police and town leaders in Hildale and Colorado City were ignoring a judge's orders over use of property. The police in the communities have been criticized in the past over perceived loyalties to FLDS leaders. The Arizona Attorney General's Office also recently filed a civil rights lawsuit on behalf of Cooke's brother, alleging town officials discriminated against him by not providing him with utility hookups for his home. "I don't want to kill anybody, and I don't want to be killed," Cooke said on the tape. "But I have been pushed to the point that my life... there's nothing more important to me than the free agency to live like I want to." Read more | ||||||||||||||||||||||||||||||||||||||
| Listen to the recording of the conversation between Seth Cook and Marshal Helaman Barlow. | ||||||||||||||||||||||||||||||||||||||
| EXCLUSIVE: Couple claims arrest was religious persecution as Colorado City tensions rise | ||||||||||||||||||||||||||||||||||||||
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Reported by: Brent Hunsaker ABC 4 News Originally broadcast July 21, 2010 | ||||||||||||||||||||||||||||||||||||||
| COLORADO CITY, AZ (ABC 4 News) - Escalating tensions in the polygamous community along the Utah-Arizona border. The Arizona Attorney General is calling for an emergency hearing with a Utah judge to deal with it. Such a hearing didn’t come soon enough for one couple living in Colorado City. Utah courts assumed control of the United Effort Plan Trust declaring the trust had been abandoned by then FLDS President Warren Jeffs. The UEP trust owns most of the land in Colorado City, Arizona and Hildale, Utah. And yet, the court-appointed administrator has been fought by the FLDS in his efforts to reform the trust. One of his most controversial moves among the FLDS has been to give occupancy agreements for homes in the community to non-FLDS people. Matt and Genevive Hainline have roots in the twin towns but do not believe in Warren Jeffs or polygamy. Two years ago they got an occupancy agreement for an abandoned, half-built house with a work shed. They immediately started to work on the house, but say they were harassed every step of the way by neighbors and city officials. That harassment seemed to culminate this week with their arrest on their own property. Read more | ||||||||||||||||||||||||||||||||||||||
| Deadline set for polygamy trust land resolution | ||||||||||||||||||||||||||||||||||||||
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By Jennifer Dobner Associated Press Deseret News Originally published Friday, July 23, 2010 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY — A Utah judge set a 45-day deadline for attorneys to propose a process to resolve competing property claims in twin polygamous communities on the Utah-Arizona border. The Thursday decision by 3rd District Judge Denise Lindberg comes in the wake of escalating disputes over United Effort Plan Trust land and homes in Hildale, Utah, and Colorado City, Ariz. The communal property trust was formed by the Fundamentalist LDS Church. Members consider sharing its assets a religious principle and see state intervention in the trust as a violation of their religious rights. The court took control of the trust in 2005 amid allegations of mismanagement by church leaders. Changes in the trust's administration since then have allowed for former church members to use trust assets and led to problems between neighbors. Recent disputes over the use of homes, water rights, cattle grazing and farming have led to threats of violence. Lindberg said Thursday she believes the problems stem from the refusal of FLDS Church members to follow court orders and work with Bruce Wisan, the Salt Lake City accountant she appointed to manage the trust. Lindberg said Wisan's decisions are equivalent to court orders and that those who follow the rules — residents, for example, who have signed occupancy agreements to live in trust homes — hold "superior rights" over those who don't. The FLDS have largely refused to sign those agreements. Read more | ||||||||||||||||||||||||||||||||||||||
| Judge sets deadline to settle land war in polygamous towns | ||||||||||||||||||||||||||||||||||||||
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Ben Winslow FOX 13 News KSTU-TV Originally broadcast July 26, 2010 | ||||||||||||||||||||||||||||||||||||||
| HILDALE, Ariz. AND COLORADO CITY, Utah - A judge has set a 45-day deadline to settle dueling claims over land in the polygamous border towns of Hildale, Utah and Colorado City, Ariz. It comes after weeks of tensions over land claims between ex-members of the Fundamentalist Church of Jesus Christ of Latter Day Saints and members of the polygamous church. Ex-members also accuse the town marshals in Hildale and Colorado City of not enforcing court orders, leading a judge to demand that they do in a conference call with lawyers last week. "We don't believe the local police are doing their job," said Val Oveson, a spokesman for the court-appointed accountant overseeing the United Effort Plan Trust. The UEP Trust controls homes and property in Hildale and Colorado City. It was taken over by a judge in 3rd District Court back in 2005 over allegations that Warren Jeffs and other FLDS leaders mismanaged it. A series of confrontations have been caught on videotape and were filed as exhibits in Salt Lake City's 3rd District Court. They were obtained under a records request by Fox 13 News. On the tapes, ex-members accuse the police of not enforcing court orders. One town marshal attempted to mediate, saying the issue was a "civil dispute." Ex-members also gave Fox 13 a tape of a couple's arrest after they were served with a restraining order prohibiting them from removing property from a shed in their backyard. FLDS members had laid claim to the property. "You are not impounding our truck!" Genevive Hainline screamed at a town marshal. "I will arrest you if you don't get back off the property," the town marshal replied. Read more | ||||||||||||||||||||||||||||||||||||||
| UEP Trust Meets with Elected Officials to Discuss Property Tax Issues | ||||||||||||||||||||||||||||||||||||||
| Fiduciary encouraged that solutions may be found with open and transparent discussions | ||||||||||||||||||||||||||||||||||||||
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NEWS RELEASE For Immediate Release Contact: Val Oveson (801) 718-1400 August 3, 2010 | ||||||||||||||||||||||||||||||||||||||
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(Kingman, AZ) – The United Effort Plan Trust (Trust) held a meeting yesterday with elected officials from state, county and city government in Arizona, to address the property tax issues in Colorado City. Meeting attendees discussed the current property tax situation of the Trust, what the Trust has been doing and explored possible solutions to the property tax issues.
"We had a very productive meeting, and we are pleased with the level of interest from the state and county officials," said Val Oveson, spokesman for the Trust. "Our goal is to provide as much information as possible to leaders and keep the lines of communication open. We received some good feedback, and we had a civil and productive conversation." The Trust owes Mohave County in Arizona for property taxes in 2008 and 2009 that are delinquent. The current situation of non-payment by many of those living on Trust land is impacting both the Trust and Mohave County government. The tax lien process buffers the cash flow impacts of the delinquency for the local governments, but there are future consequences that must be considered. The Trust would like to minimize the impact of the delinquent property tax situation on the local governments and mitigate the threats to Trust property because of non-payment. Read more | ||||||||||||||||||||||||||||||||||||||
| IN THE SUPERIOR COURT OF THE STATE OF ARIZONA IN AND FOR THE COUNTY OF MOHAVE | ||||||||||||||||||||||||||||||||||||||
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Legal Notices The Spectrum Originally published August 18, 2010 | ||||||||||||||||||||||||||||||||||||||
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IN THE SUPERIOR COURT OF THE STATE OF ARIZONA IN AND FOR THE COUNTY OF MOHAVE
UNITED EFFORT PLAN TRUST by Bruce R. Wisan, as the Court-Appointed Special Fiduciary, Plaintiff, vs. KEVIN BARLOW; RICHARD ALLRED; DONALD RICHTER; and LYLE JEFFS; individually or collectively doing business as UZONA HOME SCHOOL; JOHN DOES I-X and JANE DOES I-X; and, OCCUPANTS Defendants. No. CV 2010-1631 REPLACEMENT SUMMONS (Special Detainer Action) IN THE NAME OF THE STATE OF ARIZONA TO: KEVIN BARLOW and RICHARD ALLRED and DONALD RICHTER and LYLE JEFFS individually or collectively doing business as UZONA HOME SCHOOL and OCCUPANTS of 25 North Carling Street and 180 East Township Avenue Colorado City, AZ 86021 YOU ARE HEREBY SUMMONED and commanded to appear before the Superior Court, Division I, Mohave County, Arizona, on Wednesday, the 29th day of September, 2010, at the hour of 10:00 o'clock a.m., in the Courtroom of the above-entitled Court, 401 Spring Street, Kingman, Arizona, then and there to answer and defend against the Complaint for Special Detainer Action, a copy of such Complaint being attached hereto, and you are notified that if you fail to so appear and defend such action, that the relief sought will be taken against you by default. Read more | ||||||||||||||||||||||||||||||||||||||
| Hildale councilmen hike tax; accused of not paying own taxes | ||||||||||||||||||||||||||||||||||||||
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Reported by: Brent Hunsaker ABC 4 News Originally broadcast August 18, 2010 | ||||||||||||||||||||||||||||||||||||||
| HILDALE, Utah (ABC 4 News) - In a town where half of the people are already behind on their property taxes, the town council voted unanimously to more than triple property taxes. The enormity of the tax hike was apparently lost on all but a handful of town residents. Only about a dozen people showed up for the council meeting where the tax hike was discussed and ultimately approved. What's more, only three spoke in opposition to it in this town dominated by the FLDS polygamous group. Hildale is the Utah half of the FLDS community that straddles the border with Arizona. Jeremiah Barlow, the town manager, said property taxes in the town have been stable for more than a decade. But no more. Under the new rules set down by the state's "Truth in Taxation" law, Hildale's new property tax rate is 237% higher. It is far and away the largest property tax hike in the state. The town also has one of the highest delinquency rates in the state: 53%. A big reason for the big tax hike is that most people in the town are behind on their taxes. Among the few who spoke out against the tax increase was Val Oveson. Oveson is a former state auditor, tax commission chairman and lieutenant governor who now helps manage the UEP Trust. The trust owns just about all the land in Hildale and its twin town of Colorado City, Arizona. In 2005, a Utah judge took control of the trust declaring that Warren Jeffs (at the time the sole UEP trustee) had "abandoned" it. The court appointed Bruce Wisan as special fiduciary to the trust and Oveson signed on to help Wisan. Read more | ||||||||||||||||||||||||||||||||||||||
| Brent Hunsaker - Hildale town council meeting just for show? | ||||||||||||||||||||||||||||||||||||||
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Reported by: Brent Hunsaker ABC 4 News Originally published August 18, 2010 | ||||||||||||||||||||||||||||||||||||||
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It is remarkable when a town council votes to increase taxes -- especially by 237%. But when they do it without any discussion among the members of the council, that approaches the unbelievable. And yet, that's exactly what happened Tuesday evening in the polygamist enclave of Hildale, Utah. Town manager Jeremiah Barlow made a brief PowerPoint presentation on why the city needed the tax hike. Mayor David Ziting played "master of ceremonies" amiably bantering with the few in the audience who had concerns. And the town councilmen? They were mute. As I watched it all unfold, I wondered if this decision wasn't made at another time and in another place ... perhaps even by other people ... Here are a couple reasons for my suspicion:
1) When Mayor Ziting invited discussion of the council on the tax hike, they just stared at each other. After a long, awkward pause, Councilman Winford Barlow mumbled a motion that was seconded. They voted unanimously in favor of the tax hike. No questions. No speeches about how they regretted the necessity of such a huge hike. Nothing. 2) When Val Oveson, a CPA representing the UEP Trust (which holds title to much of the land in the town), asked to see a detailed budget explaining how the increased tax revenue would be spent, Mayor Ziting said they didn't have it -- never seen it. But just a few minutes later, they also voted -- again without discussion -- on a new budget that included the revenues from the just approved tax hike! If that was indeed the first time they'd seen the new, improved budget, I would think that they would have gone over at least a few of the major line items. But again, nothing. Read more | ||||||||||||||||||||||||||||||||||||||
| FLDS propety dispute gets complicated | ||||||||||||||||||||||||||||||||||||||
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ABC 4 News Originally broadcast August 20, 2010 | ||||||||||||||||||||||||||||||||||||||
| HILDALE, Utah (ABC 4 News) – A property dispute with FLDS church lands in southern Utah and northern Arizona became even more complicated Friday. Right before Friday’s property claims hearing an attorney for the United Effort Plan Trust, UEP, filed a motion to disqualify the judge. That means the judge could do little else, except hand the case over to a different judge. Virtually all the land in Hildale, Utah and Colorado City, Arizona is at stake. | ||||||||||||||||||||||||||||||||||||||
| Jeffs may be sent back to Texas | ||||||||||||||||||||||||||||||||||||||
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The Associated Press The Spectrum Originally published August 21, 2010 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY — A Utah judge has taken a step toward sending polygamous church leader Warren Jeffs to Texas to stand trial on charges of bigamy and sexual assault. Judge Terry Christiansen signed a warrant for Jeffs’ arrest on Friday following an extradition request from Texas Gov. Rick Perry. The charges stem from alleged sexual relations with two underage girls at the Fundamentalist Church of Jesus Christ of Latter Day Saints Yearning For Zion Ranch in Eldorado, Texas. The Utah Supreme Court reversed Jeffs convictions on accomplice to rape charges last month and sent the case back for a new trial. Jeffs remains in the mental health unit at the Utah State Prison in Draper. His initial appearance is set for Thursday in Third District court. | ||||||||||||||||||||||||||||||||||||||
| Supreme Court says FLDS waited too long to object to land sale | ||||||||||||||||||||||||||||||||||||||
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By Aaron Falk Deseret News Originally published Friday, Aug. 27, 2010 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY — The Fundamentalist LDS Church waited too long to fight the state's takeover of the church's finances, the Utah Supreme Court ruled Friday. The Fundamentalist Church of Jesus Christ of Latter Day Saints waited more than three years to challenge the dealings of the United Effort Plan Trust. The trust was established in 1942 and fashioned after the United Order, a 19th-century religious concept under which church members donate all their assets to a communal organization. Utah took over financial oversight of the trust in 2005 amid allegations of mismanagement by the group's leader, Warren Jeffs. When the sale of Berry Knoll Farm, a 438-acre stretch of land set aside as a building site for a temple, was proposed in 2008, the FLDS filed a lawsuit to block the sale. Third District Judge Denise Lindberg authorized the sale of that land in August 2009, a decision that the church asked the Supreme Court to reverse. | ||||||||||||||||||||||||||||||||||||||
| Utah top court says FLDS waited too long to object to land sale | ||||||||||||||||||||||||||||||||||||||
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By Aaron Falk Deseret News Originally published Friday, Aug. 27, 2010 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY — The Fundamentalist LDS Church waited too long to fight the state's takeover of the polygamous sect's finances, the Utah Supreme Court ruled Friday. The FLDS filed its suit in 2008, three years after the state took control of the United Effort Plan trust amid allegations of mismanagement by then-FLDS president Warren Jeffs. "The FLDS Association was not diligent in challenging the district court's modification of the UEP trust," the court wrote in its unanimous decision, "and that lack of diligence has resulted in prejudice to numerous parties." The trust has been valued at $110 million and holds most of the property in twin polygamist communities of Hildale and Colorado City as well as land in Bountiful, British Columbia, Canada. Tensions between the FLDS and the state have grown steadily since a judge appointed Bruce Wisan as the special fiduciary in charge of the trust. When the sale of Berry Knoll Farm — a 438-acre stretch of land set aside as a building site for a temple — was proposed in 2008, the FLDS filed a lawsuit to block the sale. Third District Judge Denise Lindberg authorized the sale of that land in August 2009, a decision that the church asked the Supreme Court to reverse. In light of Friday's ruling, Attorney General Mark Shurtleff said he hoped both sides would resume talks and begin working toward a settlement outside of court. "We never meant to be in litigation for five years on this thing," Shurtleff said. "It's hurting everybody. Everything is being spent on attorneys and litigation. In the meantime, things in that community just keep getting worse." Talks between the FLDS and the special fiduciary nearly led to an agreement last year before negotiations fell apart, Shurtleff said. Read more | ||||||||||||||||||||||||||||||||||||||
| Utah Supreme Court Rules in Favor of UEP Trust | ||||||||||||||||||||||||||||||||||||||
| Court denies petition from FLDS Association as untimely and unripe | ||||||||||||||||||||||||||||||||||||||
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NEWS RELEASE For Immediate Release Contact: Jeffrey L. Shields (801) 530-7300 August 27, 2010 | ||||||||||||||||||||||||||||||||||||||
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(Salt Lake City, Utah) – The Utah Supreme Court issued a unanimous ruling today denying the FLDS Association’ Petition for Extraordinary Writ, asserting the FLDS were not diligent in petitioning the Supreme Court in a timely manner. The decision means the Special Fiduciary will continue to administer the trust and its assets, eventually distributing the assets to beneficiaries.
"We are pleased that the Supreme Court agreed with the arguments of the Utah Attorney General, the Arizona Attorney General and the Special Fiduciary, and ruled in our favor," said Jeffrey L. Shields, attorney for the UEP Trust. "The reformation of the Trust was a long process, beginning over five years ago, and I am glad to see that the Court has agreed that the petitioners should have taken part in the process, as invited by the Third District Court, rather than waiting for years, then taking the litigious route." Read more | ||||||||||||||||||||||||||||||||||||||
| Court rejects appeal from polygamous sect | ||||||||||||||||||||||||||||||||||||||
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By Jennifer Dobner Associated Press The Spectrum Originally published August 28, 2010 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY (AP) -- Utah's Supreme Court on Friday rejected a petition from members of a southern Utah-based polygamous sect seeking a reversal of changes made to its communal land trust. In an unanimous ruling, justices said members of the Fundamentalist Church of Jesus Christ of Latter Day Saints waited too long to challenge the state's intervention in the United Effort Plan Trust. FLDS members -- referred to in court documents as the FLDS Association -- waited nearly three years to act and then failed to explain that delay in arguments made before the court, justices said. "The FLDS Association has shown a lack of diligence in challenging the modification of the trust and this lack of diligence has operated to the detriment of others," justices wrote in a 19-page decision. The Utah courts began a takeover of the trust in 2005 and a judge approved reforms the following year. The sect's failure to act left the district court with "every reason to believe the reformation occurred without opposition," the court opinion states. FLDS attorney Rod Parker expressed disappointment in the ruling, but noted that justices "carefully avoided taking a stand on the way the state courts have modified the trust." It's unclear what the FLDS' next steps might be. The sect could ask the U.S. Supreme Court to review the ruling, or consider taking the case to the federal court. Read more | ||||||||||||||||||||||||||||||||||||||
| How much has Jeffs taken from trust? | ||||||||||||||||||||||||||||||||||||||
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Letters To The Editor The Spectrum Originally published September 02, 2010 | ||||||||||||||||||||||||||||||||||||||
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Thank you for the Aug. 28 front page story on the recent decision by the Utah Supreme Court rejecting a petition by the Fundamentalist Church of Jesus Christ of Latter Day Saints (FLDS).
I am LDS, however, your Saturday story has raised several questions in my mind. Jennifer Dobner of The Associate Press reported the FLDS had a "communal land trust." She said "The Utah courts began a takeover of the trust in 2005" ... and that it was "valued at more than $110 million." She added: "Utah courts took control ... after state attorneys said church leader Warren Jeffs had fleeced its assets for his own benefit." How much did the state attorneys say Warren Jeffs fleeced? Has The Spectrum ever reported how much the state attorneys say Warren Jeffs fleeced? Clinton Ray Miller, ST. GEORGE | ||||||||||||||||||||||||||||||||||||||
| FLDS Church seeks to block land trust sales | ||||||||||||||||||||||||||||||||||||||
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By Jennifer Dobner Associated Press Deseret News Originally published Thursday, Oct. 7, 2010 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY — A southern Utah polygamous church has asked a federal judge to block a state court-appointed accountant from selling assets in the faith's communal land trust. Attorneys for the Fundamentalist LDS Church sought an injunction from U.S. District Judge Dee Benson on Wednesday. The church wants to prevent the sale of assets in the United Effort Plan Trust. Valued at more than $110 million, the trust holds most of the land and homes in the twin FLDS-dominated communities of Hidale, Utah, and Colorado City, Ariz. The trust also holds land in Bountiful, British Columbia. Utah courts took control of the UEP in 2005, and a judge approved reforms to its religious structure the next year. In court papers, FLDS attorney Rod Parker contended those reforms violate the constitutional rights of the FLDS to practice their religion. Those rights include giving church leaders authority over trust assets and restricting trust beneficiaries to those who faithfully keep church tenets, he said. The state takeover of a religious entity like the UEP should never have occurred because the U.S. Constitution "deprives government of any power to take over and operate a religious organization," Parker wrote. It was unclear whether Benson will set a hearing to hear arguments or simply rule on the FLDS's court filing. Read more | ||||||||||||||||||||||||||||||||||||||
| UT polygamous sect seeks to block land trust sales | ||||||||||||||||||||||||||||||||||||||
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The Associated Press KSL 5 TV Originally published October 7, 2010 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY (AP) -- A southern Utah polygamous church has asked a federal judge to block a state court-appointed accountant from selling assets in the faith's communal land trust. Attorneys for the Fundamentalist Church of Jesus Christ of Latter Day Saints sought an injunction from U.S. District Court Judge Dee Benson on Wednesday. The church wants to prevent the sale of assets in the United Effort Plan Trust. Valued at more than $110 million, the trust holds most of the land and homes in the twin FLDS-dominated communities of Hidale, Utah, and Colorado City, Ariz., on the states' border. The trust also holds land in Bountiful, British Columbia. Utah courts took control of the UEP in 2005, and a judge approved reforms to its religious structure the next year. In court papers, FLDS attorney Rod Parker contended those reforms violate the constitutional rights of the FLDS to practice their religion. Those rights include giving church leaders authority over trust assets and restricting trust beneficiaries to those who faithfully keep church tenets, he said. The state takeover of a religious entity like the UEP should never have occurred because the U.S. Constitution "deprives government of any power to take over and operate a religious organization," Parker wrote. State courts took over control of the trust after state attorneys said church leader Warren Jeffs had fleeced its assets for his own benefit and left its property holdings vulnerable to liquidation through default judgments in civil lawsuits. Since then, the state court-appointed Salt Lake City accountant, Bruce Wisan, has managed the trust. In a telephone conference Thursday, Benson asked Wisan's attorneys to draft a response to the FLDS petition. Read more | ||||||||||||||||||||||||||||||||||||||
| Hildale FLDS suffer setback on tax issue | ||||||||||||||||||||||||||||||||||||||
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KEVIN JENKINS The Spectrum Originally published October 13, 2010 | ||||||||||||||||||||||||||||||||||||||
| ST. GEORGE - Attorneys for The City of Hildale and members of a polygamy-practicing church suffered a setback Tuesday in their bid to control Hildale properties owned by a trust once connected to the church. Fifth District Court Judge James Shumate ruled against the attorneys' efforts to set aside an earlier court ruling on the subdivision of Hildale land parcels for the purpose of assessing taxes on individual residences. The earlier ruling was issued in 2007 after the defendants, The City of Hildale and Twin City Water Authority, initially failed to defend themselves in the trust's efforts to subdivide the land parcels and make Washington County record the subdivisions. In the complaint against the defendants filed by court-appointed trust fiduciary Bruce Wisan, he stated, "Many of the parcels of land owned by the trust in Hildale contain multiple residences on one tax parcel. Some parcels contain more than 30 residences. The fiduciary is informed that the location of multiple residences on real property parcels owned by the trust is a major obstacle to the payment of property taxes on those parcels." According to the complaint, occupants don't have a mechanism for paying the taxes owed on a part of a parcel, and may pay taxes on their home but still end up in default if other parcel residents don't pay for theirs. Shumate's ruling came after he "overruled and denied" a separate motion to allow a group of members of the polygamous Fundamentalist Church of Jesus Christ of Latter Day Saints to be recognized as parties in the deliberations. Read more | ||||||||||||||||||||||||||||||||||||||
| United Effort Plan | ||||||||||||||||||||||||||||||||||||||
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Opinion The Spectrum Originally published October 17, 2010 | ||||||||||||||||||||||||||||||||||||||
| Much has been written and said in the past few years about the Fundamentalist Church of Jesus Christ of Latter Day Saints, a group that practices polygamy and is based in the border towns of Hildale, Utah, and Colorado City, Ariz. The manhunt for, arrest of and the conviction of leader Warren Jeffs raised the church's profile, for better or worse. Allegations of abuse of young girls captured the attention of international news agencies. The construction of a new compound in Texas and a raid by authorities there grabbed even more attention. Lost among all of these actions - at least outside of Utah - is a dispute that pits the arguments of religious freedom against fairness in taxation. The FLDS church is fighting against a decision by a court-appointed fiduciary to subdivide the land of the United Effort Plan, a trust set up in 1942 to communally manage the church's property. In reality it was a scheme - used successfully - to avoid taxes. The subdivision process was implemented to pay huge debts owed because of unpaid taxes, among other reasons, that came to light after Jeffs want into hiding while facing charges of rape as an accomplice. Attorneys for the trust argue that breaking up the communal property violates the religious rights of church members who live in the homes. In a hearing this week, Judge James Shumate ruled that the subdivision process could proceed so taxes could be levied on individuals living on the property. While the FLDS faithful who oppose the move may not think so, this is the fair way to handle the situation. Read more | ||||||||||||||||||||||||||||||||||||||
| SUMMONS | ||||||||||||||||||||||||||||||||||||||
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The Spectrum Originally published October 28, 2010 | ||||||||||||||||||||||||||||||||||||||
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Case No. 100500454
Honorable Westfall GOLDENWEST FEDERAL CREDIT UNION, a Corporation, Plaintiff, vs. STERLING HARKER Defendant. THE STATE OF UTAH TO THE ABOVE-NAMED DEFENDANT: You are hereby summoned and required to file an answer in writing to a Complaint that has been filed with the clerk of the above-entitled court at 40 North 100 East, Cedar City, UT 844720, and to serve upon, or mail to Timothy W. Blackburn or William A. Street, Plaintiff’s attorneys, at 372 24th Street, Suite 400 Ogden, Utah 84401, a copy of said answer within thirty (30) days after the date of publication. This Complaint is for money damages and the sum of money is $47,206.81 If you fail so to do, judgment by default will be taken against you for the relief demanded in said Complaint. Read more | ||||||||||||||||||||||||||||||||||||||
| Dismissal refused in FLDS land trust case | ||||||||||||||||||||||||||||||||||||||
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Associated Press The Spectrum Originally published November 1, 2010 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY — An Arizona judge has refused to dismiss trespassing charges filed against the court-appointed accountant managing a southern Utah polygamous sect’s communal land trust. A trial for Bruce R. Wisan is now set for Dec. 16 in the Moccasin Consolidated Court, The Associated Press reports. In June 2009, Wisan entered pleas of not guilty to six misdemeanor counts of solicitation, facilitation and criminal trespassing. The charges stem from allegations that Wisan encouraged a trust employee to enter homes in Colorado City, Ariz., without permission from residents. Wisan manages the United Effort Plan Trust, which holds nearly all the property in Hildale, Utah, and Colorado City, Ariz. The towns are home to most members of the Fundamentalist Church of Jesus Christ of Latter Day Saints. The Utah courts took control of the trust in 2005 after allegations of mismanagement by FLDS leaders. FLDS members view state intervention in the trust as an attack on their religion and have largely ignored Wisan’s authority. The FLDS consider communal living a religious principle. Wisan has argued he is innocent of the Arizona charges because he had a "claim of rights" over all property in the trust. If he is convicted on the Class 1 misdemeanor counts, Wisan could be sentenced to terms of up to six months in jail for each charge. Read more | ||||||||||||||||||||||||||||||||||||||
| NOTICE OF AUCTION SALE | ||||||||||||||||||||||||||||||||||||||
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Legal Notices The Spectrum Originally published November 23, 2010 | ||||||||||||||||||||||||||||||||||||||
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Pursuant to Order of the Third Judicial Court of Salt Lake County, Utah, Bruce R. Wisan, as the Court-appointed Special Fiduciary of the United Effort Plan Trust, will sell to the highest bidder, up to approximately 751 acres of real estate located southwest of Highway 389, bounded on the south by Airport Avenue, in Colorado City, Mohave County, Arizona. County Tax Assessor Parcels Nos. 404-23-013 (formerly known as 404-19-013); 404-23-014 (formerly known as 404-19-014); 404-43-001; 404-43-006.
SUMMARY OF BIDDING PROCESS: All bids shall clearly identify the amount and location of property to be purchased, the purchase price thereof, and the terms of payment, including closing date. All bids must be written, sealed, and delivered together with $50,000 earnest money in certified funds to Bruce Wisan, 132 West Pierpont Avenue, Suite 250, Salt Lake City, Utah 84101, on or before December 13, 2010. A "stalking-horse" advance bid has been preliminarily accepted by Wisan and is available for review through his office. If timely submitted subsequent bids are determined by Wisan to be "better" than the stalking horse bid, the stalking horse bidder and all offerors of such "better" bids shall thereafter be invited to a final live auction in Salt Lake City on December 17, 2010. The factors which Wisan shall consider in identifying "better" bids shall include, but not be limited to, the number of acres to be purchased, the amount of cash to be paid at closing, the speed by which the remaining purchase price will be paid, and the promptness of closing on the transaction. Each bid will be considered an irrevocable offer to purchase the property identified. Read more | ||||||||||||||||||||||||||||||||||||||
| FLDS bishops take appeal to Utah Supreme Court | ||||||||||||||||||||||||||||||||||||||
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Associated Press Deseret News Originally published Tuesday, Nov. 30, 2010 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY — The Utah Supreme Court will decide whether a state judge has violated the constitutional rights of two polygamous church bishops by keeping them out of a land trust legal battle. Lyle Jeffs and James Oler of the Fundamentalist Church of Jesus Christ of Latter Day Saints sought standing in the 3rd District Court dispute over the United Effort Plan Trust. In court papers, attorneys for Jeffs and Oler contend that the trust was founded as a religious, charitable entity and that its management requires input from church leaders. They say the ruling by 3rd District Judge Denise A. Lindberg prevents the two men from carrying out their ecclesiastical duties. Justices will hear arguments in the case on Tuesday. The trust holds most of the land and homes in a church enclave in Bountiful, British Columbia, as well as in Hildale, Utah, and Colorado City, Ariz., the twin towns where most church members live. It was formed in the 1940s to hold the collective assets of church members, including homes, undeveloped property, food and other resources. Jeffs, the brother of jailed FLDS prophet Warren Jeffs, is the bishop for the twin border towns and Oler heads the faith's Bountiful branch. As bishops, the two men are expected to provide for the spiritual and physical needs of church members. Read more | ||||||||||||||||||||||||||||||||||||||
| Polygamous bishops argue before Utah Supreme Court for say in land deal | ||||||||||||||||||||||||||||||||||||||
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By Dennis Romboy Deseret News Originally published Tuesday, Nov. 30, 2010 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY — Five members of a polygamous church, including two bishops, want a say in how a court-appointed land trust sells a piece of farmland once set aside as a temple site. Attorneys for the Fundamentalist LDS Church argued before the Utah Supreme Court on Tuesday that a lower court judge violated the constitutional rights Lyle Jeffs and James Oler by keeping them out of a United Effort Plan Trust legal dispute. They contend the trust was formed as a charitable, religious entity that requires input from church leaders. "This is a threat to their way of life," FLDS attorney Stephen Clark told the justices. "They're determined to do what they can to protect that way of life." As bishops, Jeffs, the brother of jailed FLDS leader Warren Jeffs, and Oler are expected to provide for church members' spiritual and temporal needs. The trust holds most of the land and homes in a church enclave in Bountiful, British Columbia, as well as in Hildale, Utah, and Colorado City, Ariz., the twin towns where most church members live. It was formed in the 1940s to hold the collective assets of church members, including homes, undeveloped property, food and other resources. The Utah courts took control of the trust in 2005 amid allegations of mismanagement. Specifically at issue now is the pending sale of a 740-acre parcel on the Utah-Arizona border known as Berry Knoll Farm, a spot the FLDS Church planned to build a temple one day. Clark said the bishops represent a wide array on interests in the land, including those who grow crops and retain water rights. Jeff Shields, a court-appointed attorney for the trust, said the church's rights are adequately represented by the newly formed Corporation of the President of the FLDS Church, which was set up to remove ecclesiastical factors in trust decisions. Read more | ||||||||||||||||||||||||||||||||||||||
| Bishops appeal trust case to Utah Supreme Court | ||||||||||||||||||||||||||||||||||||||
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JENNIFER DOBNER Ventura County Star - Camarillo, California Originally published December 2, 2010 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY (AP) - The Utah Supreme Court on Tuesday heard an appeal on behalf of two polygamous church bishops who want legal standing in a long-running court battle for control of a communal land trust. Lyle Jeffs and James Oler, of the Fundamentalist Church of Jesus Christ of Latter Day Saints, contend that a state judge's ruling keeping them out of the case prevents them from fulfilling their ecclesiastical duties. The men want to intervene in the 3rd District Court dispute over the United Effort Plan Trust. The trust holds most of the land and homes in a church enclave in Bountiful, British Columbia, as well as in Hildale, Utah, and Colorado City, Ariz., the twin towns where most church members live. It was formed in the 1940s to hold the collective assets of church members, including homes, undeveloped property, food and other resources. Three other church members are tied to the appeal and also want standing on behalf of themselves and other FLDS, who are trust beneficiaries. It's not clear when the court might issue a ruling. Jeffs, the brother of jailed FLDS leader Warren Jeffs, is the bishop for the twin border towns and Oler heads the faith's Bountiful branch. As bishops, the two men are expected to provide for the spiritual and physical needs of church members. The Utah courts took control of the trust in 2005 amid allegations of mismanagement. Read more | ||||||||||||||||||||||||||||||||||||||
| Polygamous sect wants judge to block land sale | ||||||||||||||||||||||||||||||||||||||
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By Jennifer Dobner Associated Press Deseret News Originally published Friday, Dec. 3, 2010 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY — A federal judge could decide on Friday whether to block a state court from selling off assets held in the communal land trust of the southern Utah polygamous church led by Warren Jeffs. Attorneys for the Fundamentalist Church of Jesus Christ of Latter Day Saints have asked U.S. District Judge Dee Benson for an injunction to temporarily stop the sale of land in the United Effort Plan trust. A hearing is set for 2 p.m. in Salt Lake City's U.S. District Court. The communal trust, valued at more than $110 million, holds most of the property and homes in the FLDS-dominated communities of Hildale, Utah, and Colorado City, Ariz., which straddle the states' border. There are also properties in Bountiful, British Columbia. The Utah state courts seized control of the UEP in 2005 after state attorneys said Jeffs and other church leaders had used trust assets for their own benefit and left property holdings vulnerable to liquidation through default judgments in civil lawsuits. A year later, 3rd District Judge Denise Lindberg approved changes that stripped religious requirements from the trust, allowing for former FLDS members to claim beneficiary rights. The FLDS contend that state control of the trust violates their religious rights. The sect believes communal living is a religious principle and formed the trust so that faithful church members could share their collective assets. A court-appointed accountant now wants to sell some assets — including nearly 800 acres of farm and grazing land known as Berry Knoll — to pay off a multimillion dollar debt incurred since 2005. An offer to sell the land to a developer who belongs to a rival polygamous group is pending. Read more | ||||||||||||||||||||||||||||||||||||||
| FLDS attorneys argue against sale of property | ||||||||||||||||||||||||||||||||||||||
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By Dennis Romboy Deseret News Originally published Saturday, Dec. 4, 2010 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY — Attorneys for a southern Utah polygamous church asked a federal judge Friday to bar the state from administering a communal land trust the sect once controlled because it tramples on principles of religious freedom. The Fundamentalist Church of Jesus Christ of Latter Day Saints argued in U.S. District Court that the state of Utah violated its constitutional rights when it took over its charitable trust known as the United Effort Plan five years ago. Consequently, it doesn't have the right to put up for sale a 740-acre parcel known as Berry Knoll, a site FLDS members hold as a sacred site for a future temple. The FLDS Church wants Benson to issue an injunction that would halt administration of the trust. FLDS lawyer Rod Parker likened the state's action to the federal government taking over the Mormon church in 1890 and seizing its property. "There are many parallels to what is happening here today," he told Judge Dee Benson. At one point, Parker had the original trust document in one hand and a book of scripture in the other. "What I really want to do is read from this," he said, holding up the black book. "It's the Doctrine and Covenants." Attorneys for the trust contend the state stepped in because church leader Warren Jeffs and others used the assets for their own benefit and left holdings vulnerable to liquidation through default judgments in civil lawsuits. "The church and the trust are not the same thing. There was no attempt by the state to take over the church," said Jerrold Jensen, an assistant Utah attorney general. Read more | ||||||||||||||||||||||||||||||||||||||
| FLDS wants judge to block land sale | ||||||||||||||||||||||||||||||||||||||
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By Jennifer Dobner Associated Press The Spectrum Originally published December 4, 2010 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY — A federal judge Friday delayed deciding whether to block a state court from selling off assets held in the communal land trust of the Southern Utah polygamous church led by Warren Jeffs. Attorneys representing some 6,000 members of the Fundamentalist Church of Jesus Christ of Latter Day Saints have asked U.S. District Judge Dee Benson for an injunction to temporarily stop the sale of land in the United Effort Plan trust. It’s the second time Benson has been asked for an injunction in the case. The first request was in 2008, and he decided against an injunction so state proceedings could play out. After nearly four hours of arguments by FLDS attorneys, the Utah attorney general’s office, Arizona attorney general’s office and state court-appointed attorneys representing the trust, Benson said Friday he would make a decision as quickly as possible. Attorneys for the FLDS pressed for the injunction, saying the sale of a critical asset — farm and grazing land known as Berry Knoll — is pending. Without the injunction, the FLDS will have to decide whether to bid on properties it believes it essentially already owns, attorney Rod Parker said. Not wanting to be rushed, Benson snapped at a trust attorney when pressed for a more specific timeline for his decision. "I could issue a (temporary restraining order) right now against you," the judge told attorney Jeff Shields. Benson gave the sides until Wednesday to work out a solution to the bid issue and said he’d likely issue the order to block any further administration of the trust until after he issues a ruling. Read more | ||||||||||||||||||||||||||||||||||||||
| Federal Judge Blocks Polygamous Sect's Land Sale | ||||||||||||||||||||||||||||||||||||||
| Judge blocks sale of property in polygamous church's communal land trust covering Utah, Ariz. | ||||||||||||||||||||||||||||||||||||||
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The Associated Press Money ABC News Originally published December 15, 2010 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY December 15, 2010 (AP) - A federal judge has blocked the sale of assets held in a polygamous church's communal land trust while he decides whether the faith's constitutional rights have been violated by Utah authorities. U.S. District Judge Dee Benson issued a temporary restraining order late Tuesday, stopping a pending sale of land held in the United Effort Plan trust. Valued at more than $110 million, trust holds most of the property and homes in the FLDS-dominated communities of Hildale, Utah, and Colorado City, Ariz., which straddle the states' border. There is also property in Bountiful, British Columbia. Utah's state courts seized control of the trust in 2005 amid allegations of mismanagement by church leaders, including Warren Jeffs, the ecclesiastical head of the church who is jailed in Texas pending trial on charges of bigamy, aggravated sexual assault and assault. Jeffs, 55, also faces a possible retrial in Utah, where the state Supreme Court overturned his 2007 conviction on two counts of rape as an accomplice for his role in the marriage of a 14-year-old follower to her 19-year-old cousin. Some 6,000 of the church's 10,000 members have sued in federal court over the land trust, claiming the state intervention violates their religious rights. Attorneys for the FLDS had sought a blanket injunction that blocked all trust management activity, including stopping a series of ongoing state court lawsuits for control of the trust. Benson rejected that request, saying he didn't want to get "bogged down" in the infighting that has stalled a resolution of the case which began more than five years ago. Instead, Benson's ruling focused narrowly on two issues — the sale of farm and grazing land known as Berry Knoll, which has been set aside as a site for a future church temple, a plan to subdivide the land in Hildale and Colorado City. He also blocked any other action that might cause irreparable harm to either FLDS members or the trust itself. Read more | ||||||||||||||||||||||||||||||||||||||
| Depleting aquifer becomes issue | ||||||||||||||||||||||||||||||||||||||
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Jennifer Weaver The Spectrum Originally published January 6, 2011 | ||||||||||||||||||||||||||||||||||||||
| CEDAR CITY - A depleting aquifer made consideration of a Cedar City lease agreement for 556 acre-feet of water with Harker and Sons, LC., difficult to swallow. The city entered into a one-year lease agreement for $11,120 last year with the ranchers after annexing approximately 2,255 acres of land in the vicinity of 2000 South and 5300 West, property where the ranchers leased water rights previously from 1361 Acre Ranch L.C. for agriculture production. "The water rights are those that have been deeded to the city from the Cordero annexation," stated City Attorney Paul Bittmenn in a decision paper to the council. "We will need to file a change application with the State Water Engineer at the same time to formally place the water rights in the city's name. The Harker's run dairy cows on some of the property annexed with the Cordero annexation and they have a pump and a pivot in place. The city does not have the water infrastructure to supply water to that property at the current time." City Engineer Kit Wareham said he was worried the use of city water for irrigation was negatively impacting the aquifer. "We are currently losing five acre-feet a year," Wareham said. "If we continue to lease out water, we can be our own worst enemy." According to the city's 2009 water report, the city owns 18,207.99 acre-feet of water rights and is currently using 7,573 acre-feet of water. "The short lease is for one year and gives the city the ability to re-evaluate its water usage compared to water rights prior to considering a request from Harker to renew the lease," Bittmenn said in his decision. Councilman Dale Brinkerhoff asked Harker representatives how much of water leased last year was actually used. Hyrum Harker responded that he was compiling exact numbers to present to the council next week, but guessed 50 percent was used of the approved lease of 556 acre-feet. "We are required by state law to have the water available whether we use it or not," Harker said. "I would say we pumped 250 (acre-feet), and we are continuing to look for other water sources." Read more | ||||||||||||||||||||||||||||||||||||||
| Business ethics forum features CPA | ||||||||||||||||||||||||||||||||||||||
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Local Business News In Brief The Spectrum Originally published January 16, 2011 | ||||||||||||||||||||||||||||||||||||||
| ST. GEORGE - Dixie State College of Utah's Udvar-Hazy School of Business resumes its bi-monthly noontime Business and Ethics Forum series for the 2011 spring semester Thursday, featuring a presentation by local CPA Lee Esplin. The Business and Ethics Forum, presented every other Thursday throughout DSC's spring semester, will be held in the Boeing Auditorium, Room 121, of the DSC Udvar-Hazy Business Building. Everyone is invited to attend. Admission is free. Esplin will share his presentation entitled "Live First, Work Second," and discuss the accounting profession and the important role ethics plays in his business practices. A St. George native, Esplin is a graduate of Dixie High School and Dixie College. He then completed his Bachelor's Degree in Accounting and Business Administration at Southern Utah University in 1978. Esplin joined his first accounting firm in 1978 and in 1982 he became partner of the accounting firm of Savage, Esplin and Radmall, PC. The series will continue Feb. 3 with Dr. Mac Harmer, a retired businessman and adjunct faculty member in the DSC Udvar-Hazy School of Business. In addition, Bar 10 Ranch co-owner Gavin Heaton will address the forum Feb. 17; former Coca-Cola Human Resource Manager John Kolb will speak March 3; Bruce Wisan, special fiduciary with the UEP Trust will present to the forum March 17; and Kerry Hepworth, Dixie Regional Medical Center Foundation director, will wrap up the semester schedule with a presentation April 7. The Business and Ethics Forum meet every other Thursday throughout the fall and spring semesters, with each guest lecturer speaking on business matters in their respective professions and how to integrate ethics into the discussion. Read more | ||||||||||||||||||||||||||||||||||||||
| Arizona judge hears polygamy trust trespass case | ||||||||||||||||||||||||||||||||||||||
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Associated Press 13 News KSWT-TV - Yuma, Arizona Originally published February 8, 2011 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY (AP) - An Arizona judge is expected to rule by the end of the month whether a court-appointed accountant managing a southern Utah polygamous sect's communal land trust is guilty of trespassing. The Salt Lake Tribune reports that Colorado City Magistrate Court Judge Pro Tem Paul Julien declined Monday to postpone trial for Bruce R. Wisan and employee Jethro. Wisan said he fired their attorney on Friday for failing to respond to a ruling excluding two important defense witnesses. Prosecutor Ken Brednel accuses Wisan of authorizing break-ins of homes in Colorado City, Ariz. Wisan manages the United Effort Plan Trust. It holds property in Colorado City and nearby Hildale, Utah. The towns are home to members of the polygamous Fundamentalist Church of Jesus Christ of Latter Day Saints. Information from: The Salt Lake Tribune, http://www.sltrib.com | ||||||||||||||||||||||||||||||||||||||
| Heaton to speak at business forum | ||||||||||||||||||||||||||||||||||||||
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Local News In Brief The Spectrum Originally published February 16, 2011 | ||||||||||||||||||||||||||||||||||||||
| ST. GEORGE - Dixie State College's Udvar-Hazy School of Business continues its bi-monthly noontime Business and Ethics Forum series Thursday, featuring a presentation by Gavin Heaton, co-owner of Bar 10 Ranch, a working cattle ranch and premier recreational destination along the Arizona Strip. The forum, presented every other Thursday throughout DSC's spring semester, will be in the Boeing Auditorium, Room 121, of the DSC Udvar-Hazy Business Building. Everyone all invited to attend. Admission is free. The series will continue March 3 with a presentation by John Kolb, former human resource manager with Coca-Cola. In addition, Bruce Wisan, special fiduciary with the United Effort Plan trust, will address the forum March 17 and Kerry Hepworth, Dixie Regional Medical Center Foundation director, will wrap up the semester schedule with a presentation April 7. For information regarding the forums, contact Dr. Robert Huddleston at huddlest@dixie.edu or 652-7740. | ||||||||||||||||||||||||||||||||||||||
| Judge rules state's control of FLDS trust unconstitutional and an illegal 'takeover' by Utah | ||||||||||||||||||||||||||||||||||||||
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By Emiley Morgan Deseret News Originally published Thursday, Feb. 24, 2011 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY — In a monumental ruling that could overturn five years of work done by a state-appointed team charged with managing the funds of a Utah-based polygamous sect, a federal judge ruled Thursday that the seizure of the sect's assets was unconstitutional and a "virtual takeover." "Virtually from its first step after it decided to reform the trust, the state court was in forbidden territory," U.S. District Court Judge Dee Benson wrote in the ruling. "It not only had no authority to determine the 'just wants and needs' of the members of the FLDS Church, but it had no authority to interpret or reform the trust at all." Benson writes that the state's involvement constituted becoming "entangled with religion" and amounted to efforts to "disestablish" the sect. "The resulting intrusion into the everyday life of the FLDS Church and its members fostered not only 'excessive government entanglement with religion,' but was a virtual takeover by the state," he wrote. The United Effort Plan was created by the Fundamentalist LDS Church in 1942 on the concept of a "united order," allowing followers to share in its assets. Members consider sharing its assets a religious principle and see state intervention in the trust as a violation of their religious rights. Valued at more than $110 million, the trust holds most of the property and homes in the twin FLDS communities located in the border towns of Hildale, Utah, and Colorado City, Ariz. The church also holds property in Bountiful, British Columbia, and Eldorado, Texas. Utah's state courts seized control of the trust in 2005 amid allegations of mismanagement by church leaders, including Warren Jeffs, the newly reinstated head of the church who is currently in jail in Texas pending trial on charges of bigamy, aggravated sexual assault and assault. Benson said he's heard various complaints about conduct on the part of Jeffs' and his followers, but said those "allegations as a matter of law do not justify the constitutional infirmities of the state action." Read more | ||||||||||||||||||||||||||||||||||||||
Video Courtesy of KSL.com | ||||||||||||||||||||||||||||||||||||||
| Read the U.S. Court for the District of Utah Central Division's MEMORANDUM OPINION AND ORDER regarding the UEP Trust, filed February 24, 2011 | ||||||||||||||||||||||||||||||||||||||
| Federal judge calls state takeover of FLDS land trust unconstitutional | ||||||||||||||||||||||||||||||||||||||
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Ben Winslow Fox 13 News KSTU-TV Originally broadcast February 24, 2011 | ||||||||||||||||||||||||||||||||||||||
| In a ruling with massive impact on the land feud in the polygamous border towns, a federal judge has declared the state violated the constitutional rights of members of the Fundamentalist LDS Church when it took control of its land-holdings arm. The ruling issued by U.S. District Judge Dee Benson blasted the court takeover of the FLDS Church's United Effort Plan Trust, saying it violated church members' religious principles. "It is one thing for a state to tell a church and its members that they, just like all other residents of the state, may not smoke peyote, or commit child sexual abuse, or violate any other law of general application. And it is proper to prosecute the offenders and to seek all available legal remedies, such as property forfeiture," Benson wrote. "But it is quite another thing, altogether, to reorganize the religious activities of such churches and their members to make them conform to the states’ version of appropriate secular behavior." Benson's ruling immediately blocks the court-appointed fiduciary from selling land in the community to pay off debts. However, he wrote that he would issue another order defining more of what he meant. Rod Parker, an attorney representing the FLDS Church, called the ruling a "big victory." The United Effort Plan, with an estimated $110 million in assets, controls all the land and property in the border towns of Hildale, Utah; Colorado City, Ariz.; and Bountiful, British Columbia, in Canada. It was taken over by the courts in 2005 amid allegations that FLDS leader Warren Jeffs and others mismanaged it. They had defaulted on a number of civil lawsuits filed against the Trust, and it was years before members even responded to litigation surrounding it. "The court has listened to the many complaints about Warren Jeffs and the allegations of his and some of his followers’ criminal and tortous misconduct, but finds that these allegations as a matter of law do not justify the constitutional infirmities of the state action," Benson wrote. Read more | ||||||||||||||||||||||||||||||||||||||
| Federal Judge Says State Seizure Of FLDS Trust Unconstitutional | ||||||||||||||||||||||||||||||||||||||
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Reported by: Brian Mullahy 2News KUTV Salt Lake City Originally broadcast Thursday, February 24, 2011 | ||||||||||||||||||||||||||||||||||||||
| A federal judge has ruled a state takeover of an FLDS trust, once run by Warren Jeffs, is unconstitutional. The decision, from Judge Dee Benson, came just a day after it was revealed Jeffs, from his Texas jail, has resumed corporate control of the polygamous church. "It's amazing. It's the biggest victory we've had for the FLDS, except for getting the children back in Texas," attorney Rod Parker said of Judge Benson's ruling. Parker's Texas reference related to a police raid on an FLDS ranch years ago, in which polygamous families were separated for a time, while investigators looked into allegations of child abuse. The latest decision will stop the contested sale of a farm near the polygamous communities of Hildale-Colorado City, on the dusty Utah-Arizona border, and it could have even larger implications on who will ultimately control nearly all the property in the outposts. Benson said the trust, known as the United Effort Plan (UEP), has a "religious nature," and that Utah breached a "wall of separation" between church and state, when a state judge appointed accountant Bruce Wisan as trust fiduciary. That was predicated on alleged malfeasance by Warren Jeffs and others, in connection with the trust. The judge said separating religion from the trust would be like eliminating "football from the Super Bowl." He called the state's action "a virtual takeover" and an "intrusion into the everyday life of the FLDS church and its members." The value of land administered by the trust could be $100 million. 2News tried, but could not reach Wisan or an attorney who works on behalf of the trust. In the past, both have cast their roles as working in the best interest of those who live in houses controlled by the UEP. Wisan et al may have ensured people stayed in their homes. Warren Jeffs, it's been widely reported, kicked men out of the FLDS ranks, ordered them from their dwellings, and "reassigned" their wives and children to other men in the communities. Read more | ||||||||||||||||||||||||||||||||||||||
| FLDS trust | ||||||||||||||||||||||||||||||||||||||
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Opinion The Spectrum Originally published February 27, 2011 | ||||||||||||||||||||||||||||||||||||||
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A judge's ruling earlier this week is raising serious questions about balancing the freedom of religion with the ability of the state to hold groups accountable for paying their fair share of taxes.
The decision Thursday by U.S. District Judge Dee Benson said the state overstepped its bounds by taking over the United Effort Plan six years ago. The UEP is a trust that manages property for the Fundamentalist Church of Jesus Christ of Latter Day Saints, a group based in the twin towns of Colorado City and Hildale, that considers polygamy among its tenets. The trust, created in the 1940s, reportedly has a value in excess of $100 million. The victory for the FLDS church will, at least temporarily, prevent the sale of Berry Knoll farm, a piece of property exceeding 650 acres that has spiritual significance to members who had argued their religious freedom had been violated. Because the church teaches the religious principle of communal property, attorneys for the church argued, members' freedoms were violated by the takeover. The decision is frustrating for many people who have watched the FLDS church, led by jailed leader Warren Jeffs, manipulate the social services systems and tax systems in both Utah and Arizona. For years, authorities in both states have tried to prove the church has manipulated welfare payments and avoided paying taxes, as well as fostering a climate in which young girls are thrust into marriage. One such case was resolved Feb. 18 when Allan Steed pleaded guilty to solemnizing a prohibited marriage and unlawful sexual activity with his 14-year-old cousin. Read more | ||||||||||||||||||||||||||||||||||||||
| Shurtleff to appeal FLDS land trust ruling | ||||||||||||||||||||||||||||||||||||||
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Ben Winslow Fox 13 News KSTU-TV Originally broadcast March 7, 2011 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY - Utah Attorney General Mark Shurtleff intends to appeal a ruling that declared that state's takeover of the land holdings arm of the Fundamentalist LDS Church. "We will appeal," Shurtleff said in a message to Fox 13, passed through his spokesman. However, Shurtleff said he would wait until a status conference in the United Effort Plan Trust case next week before making a formal appeal. A federal judge recently declared the Utah courts' takeover of the UEP Trust unconstitutional, saying that it violated the FLDS members' First Amendment right to freely practice their religion. In 2005, the courts took control of the UEP Trust amid allegations that Warren Jeffs and other FLDS leaders mismanaged it. The trust, which controls land, property and homes in the polygamous enclaves of Hildale, Utah, and Colorado City, Ariz., has been the subject of massive legal battles. See photo | ||||||||||||||||||||||||||||||||||||||
| Utah Supreme Court to address United Effort Plan in light of federal court ruling | ||||||||||||||||||||||||||||||||||||||
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By Emiley Morgan Deseret News Originally published Tuesday, March 8, 2011 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY — In light of a federal court ruling denouncing the state's formation of a trust to govern the assets of a polygamist sect as unconstitutional, the Utah Supreme Court is seeking more information on the issue. In the order, filed Tuesday, the Utah Supreme Court said the decision handed down by U.S. District Judge Dee Benson that denounced the state's takeover of the assets of the Fundamentalist LDS Church "may have significant implications" for the action pending in state court. On Feb. 24, Benson ruled that when Utah's state courts seized control of the FLDS' trust in 2005, amid allegations of mismanagement by church leaders, they were "in forbidden territory." "Virtually from its first step after it decided to reform the trust, the state court was in forbidden territory," Benson said. "It not only had no authority to determine the 'just wants and needs' of the members of the FLDS Church, but it had no authority to interpret or reform the trust at all." The United Effort Plan was created by the FLDS Church in 1942 on the concept of a "united order," allowing followers to share in its assets. Members consider sharing its assets a religious principle and see state intervention in the trust as a violation of their religious rights. Valued at more than $110 million, the trust holds most of the property and homes in the twin FLDS communities located in the border towns of Hildale, Utah, and Colorado City, Ariz. The church also holds property in Bountiful, British Columbia, and Eldorado, Texas. Members of the polygamous church have long been challenging the state takeover in both state and federal courts, alleging it's an inherent violation of their constitutional rights. Read more | ||||||||||||||||||||||||||||||||||||||
| Utah Supreme Court seeks input on federal ruling | ||||||||||||||||||||||||||||||||||||||
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The Associated Press The Spectrum Originally published March 9, 2011 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY — The Utah Supreme Court says a federal court ruling on the state's handling of a communal land trust belonging to Warren Jeffs' polygamous church could affect two pending appeals. Last month a federal judge said Utah's seizure and re-drafting of the United Effort Plan Trust violated the constitutional rights of the Fundamentalist Church of Jesus Christ of Latter Day Saints. The trust holds the land and homes of church members. It's been under state control since 2005. Two trust cases argued in 2010 await rulings from the high court. On Tuesday Chief Justice Christine Durham asked attorneys for both sides to explain what impact the federal court decision may have on the issues. FLDS and UEP attorneys have until March 25 to submit court papers. | ||||||||||||||||||||||||||||||||||||||
| Parties in UEP saga have 20 days to reach de-tangling agreement | ||||||||||||||||||||||||||||||||||||||
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By Amy Joi O'Donoghue Deseret News Originally published Tuesday, March 15, 2011 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY — U.S. District Judge Dee Benson gave parties in the convoluted legal battle over the FLDS Church's United Effort Plan Trust 20 days to reach an agreement that essentially involves a workable exit strategy for the state. The mandate issued Tuesday by Benson comes on the heels of his late-February ruling that the state's management of a Utah-based polygamist sect's assets violates the First Amendment's Establishment Clause. Benson warned assistant attorneys general from Utah and Arizona that continued state-management of the assets belonging to the FLDS Church are "constitutional violations of a serious magnitude," that warrant cessation as soon as possible. "My main concern is that this continual violation," into the everyday lives of "thousands of people not happen. The government is where it shouldn't be." Utah state courts seized control of the trust — valued at more than $110 million — in 2005 amid allegations of mismanagement by church leaders, including Warren Jeffs, now jailed in Texas awaiting trial on criminal charges of bigamy, aggravated sexual assault and assault. Benson said such allegations did not legally justify the state's intrusion into the religious sect, which represents a "constitutional violation of the first order." The judge resisted urgings Tuesday by Arizona and Utah prosecutors to allow his ruling to preserve the "status quo," while appeals are filed or the Utah Supreme Court revisits the issue in light of pending cases under its purview. Benson rejected that. "I am not inclined to preserve the status quo, when the status quo is a violation of the law." Benson said what the Utah Supreme Court does or does not do is not relevant to his decision, which rests squarely on the state's unwarranted meddling in the every day lives of the FLDS faithful. Read more | ||||||||||||||||||||||||||||||||||||||
| Federal judge pushes settlement in FLDS land feud | ||||||||||||||||||||||||||||||||||||||
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Ben Winslow Fox13Now.com KSTU-TV Originally broadcast March 16, 2011 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY — A federal judge who declared unconstitutional Utah's takeover of the Fundamentalist Church of Jesus Christ of Latter Day Saints' land holdings arm, is now pushing all sides to consider a settlement. During a status conference Tuesday in U.S. District Court, Judge Dee Benson said he still would find the takeover violates FLDS members' First Amendment religious freedom rights. But he also suggested attorneys for the state, the trust and the FLDS Church consider entering into settlement talks again. "He has said every day that constitutional violations occur," said Joni Jones, an assistant Utah Attorney General. The courts took control of the United Effort Plan (UEP) Trust back in 2005, over allegations that FLDS leader Warren Jeffs mismanaged it. The UEP controls most of the land and homes in the polygamous border towns of Hildale, Utah, and Colorado City, Ariz. Since then, a judge reformed the trust and allowed land to be divvied up. Benson's ruling claims the state violated FLDS members' right to practice their religion by consecrating their property. He slammed the state for taking control of the trust. But his ruling contradicts a Utah Supreme Court ruling that said the FLDS waited too long to challenge the state's actions, despite years of efforts to reach out to them. "We didn't start this thing," said Jeffrey L. Shields, an attorney representing the court-appointed fiduciary of the UEP Trust. "We've been following the state court orders and now another court says it's unconstitutional." The Utah Supreme Court said in a recent filing that it intended to take another look at the issue, which has attorneys for the trust and the state wondering what to do next. Utah Attorney General Mark Shurtleff has told Fox 13 he intends to appeal Benson's ruling. Read more | ||||||||||||||||||||||||||||||||||||||
| Read the Utah Supreme Court's Order against the decision by the US District Court for Utah regarding the UEP Trust, filed in the Utah Appellate Court March 8, 2011 | ||||||||||||||||||||||||||||||||||||||
| Read the FLDS's Attention Squatters notice regarding non-FLDS people living in UEP Trust homes, posted in the local Post Office in March 2011 | ||||||||||||||||||||||||||||||||||||||
| Bruce Wisan to speak at forum | ||||||||||||||||||||||||||||||||||||||
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Local News In Brief The Spectrum Originally published March 21, 2011 | ||||||||||||||||||||||||||||||||||||||
| ST. GEORGE - Dixie State College of Utah's Udvar-Hazy School of Business continues its bi-monthly noontime Business and Ethics Forum series on Thursday featuring a presentation by Salt Lake City CPA Bruce Wisan, who serves at the special fiduciary for the United Effort Plan (UEP) trust. The Business and Ethics Forum, presented every other Thursday throughout DSC's spring semester, will be held in the Boeing Auditorium (Room 121) of the DSC Udvar-Hazy Business Building. DSC students, faculty and staff, the entire Washington County business community, and the general public are all invited to attend. Admission is free. Wisan, who has served as the UEP special fiduciary since 2005, earned his Bachelor's Degree in Economics and MBA at the University of Utah. He co-founded the firm of WSRP (Wisan, Smith, Racker & Prescott, LLP) in 1985, and serves as the managing partner. Wisan has specialized in the construction industry for 30 years, with areas of experience including distribution companies, restaurant operations, equipment dealers, manufacturing companies, as well as bankruptcy and litigation support. The Forum will wrap up its 2010-11 convocation schedule on Thursday, April 7, with a presentation by Dixie Regional Medical Center Foundation Director Kerry Hepworth. For questions regarding the DSC Institute for Business Integrity forums, contact Dr. Huddleston at huddlest@ dixie.edu or 652-7740. | ||||||||||||||||||||||||||||||||||||||
| Polygamists May Be Too Late to Stop Utah's Plan | ||||||||||||||||||||||||||||||||||||||
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By TIM HULL Courthouse News Service - Pasadena, California Originally published Tuesday, March 22, 2011 | ||||||||||||||||||||||||||||||||||||||
| (CN) - A polygamist sect won an injunction to stop Utah from selling land that church members consider sacred, but the state Supreme Court is poised to upset the ruling once it concludes briefing on Friday. The dispute arose after Utah took over a $100 million property trust belonging to the Fundamentalist Church of Jesus Christ of Latter-Day Saints in 2005. It had intervened amid claims of mismanagement stemming from the alleged crimes of Warren Jeffs, the church's incarcerated leader. In recent years, several entities have sued the trust as an accomplice to Jeffs, who is now facing charges of bigamy and sexual assault in Texas after successfully vacating an earlier rape conviction in Utah. The United Effort Plan United Effort Plan trust controls about 5,000 acres of land consisting of the Berry Knoll Farm and two sister-communities in Arizona and Utah. Accounting for the more than 700 houses, farms, dairies and other businesses on the land, the property has an estimated worth of $100 million. When church members - presumably following Jeffs' orders - failed to defend the trust against several lawsuits, a Utah state court intervened. Though the court rewrote the trust's basic tenants to make it more secular and appointed a special fiduciary to administer it, church members did not join the fight until mid-2008 when the court-appointed fiduciary threatened to sell the Berry Knoll Farm to pay legal and accounting debts. Some 5,000 members of the church who live in the rural community of Colorado City - Hildale, along the Arizona-Utah border, consider the farmland as sacred to the church. The group had initially sought a restraining order to halt the sale of Berry Knoll Farm, but action on the issue was delayed as the parties attempted to settle out of court. After those efforts failed in 2009, a state court authorized the sale of the farm. Officials sued by the church - including the attorneys general of Utah and Arizona, the special fiduciary, Bruce Wisan, and the judge of Utah's Third Judicial District - say that the state needed to reform the trust to prevent the property from falling back into Jeffs' hands. Read more | ||||||||||||||||||||||||||||||||||||||
| US judge gives trust control to polygamous church | ||||||||||||||||||||||||||||||||||||||
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By: JENNIFER DOBNER Associated Press Washington Examiner - Washington, DC Originally published April 8, 2011 | ||||||||||||||||||||||||||||||||||||||
| A federal judge in Utah has handed control of a $114 million communal land trust back to the leaders of Warren Jeffs' polygamous church. In an interim preliminary injunction order signed Thursday, U.S. District Judge Dee Benson said church leaders, not the state of Utah, should manage the more than $110 million in assets held by the United Effort Plan Trust. The trust holds most of the property and homes in Hildale, Utah, and Colorado City, Ariz., two nearby communities dominated by the Fundamentalist Church of Jesus Christ of Latter Day Saints. There is also property in Bountiful, British Columbia. Utah state courts seized control of the trust in 2005 after state attorneys said Jeffs and other church leaders had used it for their own benefit and left property holdings vulnerable to liquidation through default judgments in civil lawsuits. The next year, a state judge allowed the trust to be stripped of its religious tenets and opened its class of beneficiaries to former church members. Some 6,000 of the church's 10,000 members then sued in federal court. In February, Benson ruled that Utah's actions amounted to a government takeover that violated the religious rights of the church. An appeal of the ruling was filed earlier this month with the 10th Circuit Court of Appeals in Denver by the attorneys general of Utah and Arizona, Bruce Wisan, the court-appointed accountant who currently manages the trust, and others who believe the federal court may not have the right to overturn the decisions made by a state judge. The order issued Thursday is not permanent but will likely be in place until all appeals are settled, said Rod Parker, a Salt Lake City attorney who represents the church. Benson's order suspends Wisan's role as trust manager and returns control of the church assets to Lyle Jeffs, the faith's bishop and brother of Warren Jeffs. Read more | ||||||||||||||||||||||||||||||||||||||
| Judge orders land returned to FLDS Church | ||||||||||||||||||||||||||||||||||||||
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Ben Winslow Reporter Fox 13 News KSTU-TV Originally broadcast April 8, 2011 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY — A federal judge has ordered control of land in the polygamous border town of Hildale and Colorado City should be returned to the Fundamentalist Church of Jesus Christ of Latter Day Saints. In an order obtained by FOX 13 Friday morning, U.S. District Judge Dee Benson said control of the FLDS Church's United Effort Plan Trust be returned to leaders of the polygamous sect. However, the judge also required that the FLDS church not evict anyone or sell land without court approval. The order also demands the ouster of the court appointed fiduciary who also oversaw the trust for the state. The plan was agreed to by Utah Attorney General Mark Shurtleff. Arizona's attorney general opposes the plan as do lawyers for the fiduciary and ex-FLDS members. A number of them have already filed an appeal with the 10th U.S. Circuit Court of Appeals in Denver. In 2005, the UEP Trust was taken over by the court amid allegations that Warren Jeffs and other FLDS leaders mismanaged it. The UEP Trust has an estimated $100 million in assets and control most of the land in Hildale and Colorado City. The land is communally owned in a "united order" based on the early Mormon concept where members give their property to the church and it is sold out according to "just wants and needs." Stay with FOX 13 News and fox13now.com for the latest developments on this story. | ||||||||||||||||||||||||||||||||||||||
| Read Federal Judge Dee Benson's Preliminary Injunction Order returning control of the United Effort Plan Trust to the FLDS, filed in the US District Court for Utah April 8, 2011 | ||||||||||||||||||||||||||||||||||||||
| Plan to Sell Polygamists' Land Hits Another Bump | ||||||||||||||||||||||||||||||||||||||
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By TIM HULL Courthouse News Service - Pasadena, California Originally published Monday, April 11, 2011 | ||||||||||||||||||||||||||||||||||||||
| (CN) - A federal judge has made good on his promise to restore control over more than $100 million of communally held property in Arizona and Utah to a polygamist sect. U.S. District Judge Dee Benson had signed a memorandum opinion and order in February that granteda preliminary injunction to members of the Fundamentalist Church of Jesus Christ of Latter-Day Saints. The church members had been trying remove a court-appointed special fiduciary and take back control of the United Effort Plan trust, which controls about 5,000 acres of land consisting of the Berry Knoll Farm and two sister-communities in Arizona and Utah. Accounting for the more than 700 houses, farms, dairies and other businesses on the land, the property has an estimated worth of $100 million. Details as to the extent of the injunction were forthcoming until Thursday, when Benson suspended the fiduciary, Bruce Wisan, and stayed a controversial proposed sale of the Berry Knoll Farm, which members of the sect consider to be on sacred ground. When church members failed to defend the trust against several lawsuits relating to the alleged criminal activities of sect leader Warren Jeffs, a Utah state court intervened. Though the court rewrote the trust's basic tenants to make it more secular and appointed a special fiduciary to administer it, church members did not join the fight until mid-2008 when Wisan threatened to sell the Berry Knoll Farm to pay legal and accounting debts. In his order, Benson reiterated his earlier finding of a "strong likelihood of the plaintiffs' success on the merits of its constitutional claims and the clear weight of the balance of harms in favor of preventing a serious, ongoing violation of the Establishment Clause." The order gives control of the trust, including financial and property records and all of the trust's assets, to the Corporation of the President (COP) of the Fundamentalist Church of Jesus Christ of Latter-Day Saints. "The COP may administer the property on a temporary basis according to its religious principles," Benson wrote. | ||||||||||||||||||||||||||||||||||||||
| Utah state judge moves to block federal court order in polygamous church land trust case | ||||||||||||||||||||||||||||||||||||||
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THE ASSOCIATED PRESS The Republic - Columbus, Indiana Originally published April 11, 2011 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY — A Utah state judge says a court-appointed accountant should not follow a federal court order to turn over records for the communal land trust tied to Warren Jeffs' polygamous church. Third District Judge Denise Lindberg on Monday issued an order prohibiting Bruce Wisan from following the federal court directive. Lindberg says handing off the records would be premature because appeals are still pending. Utah's courts took control of property holdings for the Fundamentalist Church of Jesus Christ of Latter Day Saints in 2005 amid allegations of mismanagement. In February, U.S. District Judge Dee Benson said Utah's actions violated the religious rights of the FLDS. He issued an order reinstating church leaders as the trust managers. Appeals are pending before the Utah Supreme Court and Denver's 10th Circuit Court of Appeals. | ||||||||||||||||||||||||||||||||||||||
| Court responds to judge's ruling in FLDS trust battle | ||||||||||||||||||||||||||||||||||||||
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By Emiley Morgan KSL 5 TV Originally published April 11, 2011 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY — An embattled Utah state court judge named in lawsuits by a Utah-based polygamous sect is now defending her decisions following a searing federal court ruling and a federal court injunction that could undo the state court's work spanning six years. In a ruling filed Monday, 3rd District Judge Denise Lindberg responded to a prior ruling by U.S. District Judge Dee Benson that all but undid the work of a state-appointed team charged with managing the funds of those within the Fundamentalist LDS Church. After a February ruling in which Benson called the trust unconstitutional and a "virtual takeover," Benson implemented an injunction that ordered that the church's assets be returned to FLDS leadership. Benson's injunction also prevents any further sale of assets within the United Effort Plan Trust, valued at $110 million; requires that any cash coming to the trust be first used to pay property taxes in Utah and Arizona; and doesn't allow church leaders to evict non-members or former members living in trust-owned homes or automatically void any contractual agreements put in place by state managers. Utah's state courts seized control of the trust in 2005 amid allegations of mismanagement by church leaders, including Warren Jeffs, the newly reinstated head of the church who is currently in jail in Texas pending trial on charges of bigamy, aggravated sexual assault and assault. Benson's actions are currently being appealed by the attorney general's offices in Utah and Arizona. Lindberg on Monday ordered that the state-appointed special fiduciary, Bruce Wisan — who was appointed to oversee the assets of those within the FLDS sect — maintain control over those assets. "Because the federal court's order improperly intrudes upon the absolute immunity that cloaks this court's — and the special fiduciary's — prior actions, the court hereby instructs its special fiduciary not to turn over assets, documents, or anything else pertaining to the trust until further order of this court," she wrote. Read more | ||||||||||||||||||||||||||||||||||||||
| Read Judge Denise Lindbergs's Ruling and Order Directing the Special Fiduciary to Retain UEP Trust Assests Pending Further Order of this Court regarding Federal Judge Dee Benson returning control of the United Effort Plan Trust to the FLDS, filed in the Utah Third District Court on April 11, 2011 | ||||||||||||||||||||||||||||||||||||||
| Utah Supreme Court to re-hear polygamy trust cases | ||||||||||||||||||||||||||||||||||||||
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The Associated Press Standard-Examiner - Ogden, Utah Originally published April 12, 2011 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY -- The Utah Supreme Court on Tuesday will hold a rehearing of two cases involving the communal land trust belonging to Warren Jeffs' polygamous church. Justices want attorneys for the state and the Fundamentalist Church of Jesus Christ of Latter Day Saints to explain how a ruling in a parallel federal case affects two pending appeals. In February, U.S. District Judge Dee Benson said Utah's seizure and re-drafting of the United Effort Plan Trust violated the constitutional rights of the FLDS. The trust holds the land and homes of church members in Hildale, Utah, Colorado City, Ariz., and Bountiful, British Columbia. The Utah courts seized control of the trust in 2005 amid allegations of mismanagement by Jeffs and other church leaders. Last year, the Utah Supreme Court dismissed an FLDS challenge to state intervention in the trust, saying the church had waited too long to object to the state's action, despite the "possible merit" to claims that the faith's constitutional rights were violated. Attorneys for the FLDS contend justices should let Benson's decision stand, while trust attorneys say the high court's earlier ruling was both correct and final. The pending state cases were argued in November. One was brought by FLDS bishops Lyle Jeffs and James Oler, who were barred by a ruling from 3rd District Judge Denise Lindberg from intervening in the protracted battle for control of the trust. Jeffs and Oler contend the ban prohibits them from fulfilling their ecclesiastical duties. Read more | ||||||||||||||||||||||||||||||||||||||
| Utah Supreme Court re-hears polygamy trust cases | ||||||||||||||||||||||||||||||||||||||
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By JENNIFER DOBNER The Associated Press Houston Chronicle Originally published April 12, 2011 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY — The Utah Supreme Court on Tuesday wrestled with the issue of who has the final say over state law as part of a long-running battle for control of a communal land trust tied to Warren Jeffs' polygamous church. The question comes on the heels of a February federal court ruling, which found that the state of Utah violated the religious rights of members of the Fundamentalist Church of Jesus Christ of Latter Day Saints when it took over the church's land trust in 2005. The ruling from U.S. District Judge Dee Benson could undo some six years of decisions by a state judge. Attorneys for the FLDS believe the ruling should stand, while other parties dispute the right of a federal judge to meddle with a state judge's decision and to essentially override state law. "Somebody's got to sort this out," said Utah Justice Thomas R. Lee, noting that Benson's decision leaves the high court wondering which iteration of the trust is in place and which trust managers are in control. Valued at more than $114 million, the United Effort Plan Trust holds most of the land and homes of church members in Hildale, Utah, Colorado City, Ariz., and Bountiful, British Columbia. The Utah courts seized control of the trust in 2005 amid allegations of mismanagement by Jeffs and other church leaders. Under state control, the trust was stripped of its religious tenets and its class of beneficiaries was opened to former church members. Last year, the Utah Supreme Court dismissed an FLDS challenge to state intervention in the trust, saying the church had waited too long to object to the state's action, but the ruling did not address the constitutional rights of FLDS members. On Tuesday, justices asked attorneys for the parties — the FLDS, the Utah and Arizona attorneys general, and Bruce Wisan, the court-appointed accountant who has been managing the trust — to explain what bearing Benson's ruling should have on two pending trust-related appeals. Lee also asked why Benson didn't seek input from state court on the state law questions, including whether the passage of time prohibits some issues from being raised. "I have a hard time understanding why the federal court wouldn't want guidance," Lee said. "The dispute that's been brewing between these two court systems has a state question embedded in it." Read more | ||||||||||||||||||||||||||||||||||||||
| Utah Supreme Court to decide FLDS land battle | ||||||||||||||||||||||||||||||||||||||
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Ben Winslow FOX 13 News KSTU-TV Originally broadcast April 12, 2011 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY — The Utah Supreme Court is wading into a legal battle over who controls a southern Utah polygamous church's real estate assets. They may ultimately settle a dispute between two judges in two different courts. At stake is most of the land in the border towns of Hildale and Colorado City, home to the 10,000 member Fundamentalist Church of Jesus Christ of Latter Day Saints. "Somebody's got to sort this out," Utah Supreme Court Justice Tom Lee said during a hearing Tuesday. A federal judge recently ruled the state courts' takeover of the United Effort Plan Trust was unconstitutional and violated FLDS members' religious freedom rights. He ordered control of the UEP Trust be returned to the FLDS Church. "His view is number one: this is a structural violation of the Constitution," Rod Parker, an attorney representing FLDS members, told the Supreme Court on Tuesday. "It's a power question." However, a judge in Salt Lake City's 3rd District Court issued a ruling on Monday insisting that she remained in charge of the UEP Trust. She also directed the man she appointed to oversee the UEP, court-appointed special fiduciary Bruce Wisan, to resist the federal judge's ruling. "I'm keeping a low profile. I'm ducking my head," Wisan told Fox 13 outside of court on Tuesday. "I've got a federal judge and a state judge that are diametrically opposed. I'm waiting for clarification from a higher court to know what I should do." The Utah Supreme Court on Tuesday considered who had the ultimate authority: the state judge or the federal judge. "The dispute that's brewing between these two sovereigns, between these two court systems, has embedded within it a state law question of some significance, of some magnitude," Lee said. An attorney representing the Arizona Attorney General's Office insisted the state still had jurisdiction. "The court has taken supervision of this trust," said assistant Arizona Attorney General Bill Hinson. Read more | ||||||||||||||||||||||||||||||||||||||
| Utah Supreme Court takes on state and federal rift over Utah FLDS trust | ||||||||||||||||||||||||||||||||||||||
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By Emiley Morgan Deseret News Originally published Tuesday, April 12, 2011 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY — The battle being waged in two courts over the Fundamentalist LDS Church trust continued Tuesday as the Utah Supreme Court heard arguments on two separate issues. They were charged with the task of determining who can represent those in the church, who will administer the trust worth approximately $110 million, and what to do in light of searing federal court action. Michael Zimmerman, who represented the law firm of Snow, Christensen and Martineau, which is not allowed to represent FLDS members because they were part of the initial reformed trust of 1998, asked the Utah Supreme Court to take control of the case. "I think this case ... is a magnificent manifestation of why somebody needs to restore order to this world and this is the court to do it," he said. This prompted Chief Utah Supreme Court Justice Christine Durham to ask how he proposed the court restore such order. "What do you want us to do?" she asked. On Monday, 3rd District Judge Denise Lindberg responded to a prior ruling by U.S. District Judge Dee Benson that could all but undo the work of a state-appointed team charged with managing the funds of those within the Utah-based polygamous sect. After a February ruling in which Benson called the trust unconstitutional and a "virtual takeover," Benson implemented an injunction that ordered that the church's assets be returned to FLDS leadership. Benson's injunction also prevents any further sale of assets within the United Effort Plan Trust, requires that any cash coming to the trust be first used to pay property taxes in Utah and Arizona and doesn't allow church leaders to evict nonmembers or former members living in trust-owned homes or automatically void any contractual agreements put in place by state managers. In her ruling, Lindberg ordered that the state-appointed special fiduciary, Bruce Wisan — who was appointed to oversee the assets of those within the FLDS sect — maintain control over those assets, but said he should not take any further action until the matter is decided. Read more | ||||||||||||||||||||||||||||||||||||||
| Federal judge threatens to sic US Marshals on state judge in FLDS case, court docs claim | ||||||||||||||||||||||||||||||||||||||
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Ben Winslow FOX 13 News KSTU-TV Originally broadcast April 14, 2011 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY — A federal judge has threatened to have U.S. Marshals take a state court judge and bring her to his courtroom by force, a new court filing obtained by Fox 13 claims. The filing accuses U.S. District Judge Dee Benson of demanding Third District Court Judge Denise Lindberg show up to his courtroom to address her recent order in the ongoing land feud over the Fundamentalist Church of Jesus Christ of Latter Day Saints' ongoing land feud. Judge Lindberg's attorney said she informed the federal judge she could not attend the hearing scheduled Friday because of a death in her family. "When the undersigned informed Judge Dee Benson of this information, he suggested that it may be necessary to have the federal marshals bring Judge Lindberg before his court this afternoon to answer as to her order. This has created a crisis necessitating an immediate decision from this Court," her attorney, Brent Johnson, wrote. The motion was filed with the 10th U.S. Circuit Court of Appeals in Denver, which said it was considering issuing a temporary stay of legal proceedings, a court clerk wrote. In a response filed late Thursday, attorneys for members of the polygamous church denied Lindberg's version of events. "The 'emergency' cited by Judge Lindberg is entirely of her own making," attorney Rod Parker wrote. "She consciously chose to expressly violate the declaratory judgment and injunctive relief ordered by a federal district court, and has otherwise chosen to participate as an active litigant in the federal case, rather than as a nominal party whose actions are being challenged on constitutional grounds." Parker said a hearing had been scheduled Monday on the issue in federal court in Salt Lake City. Read more | ||||||||||||||||||||||||||||||||||||||
| Court Documents: Lindberg notice in FLDS case | ||||||||||||||||||||||||||||||||||||||
| Rock'em Sock'em legal shocker: two judges battle over the rights of polygamists | ||||||||||||||||||||||||||||||||||||||
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Reported by: Brent Hunsaker ABC 4 News Originally broadcast April 14, 2011 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY (ABC 4 News) - Thursday federal district judge Lee Benson apparently threatened to send the U.S. marshals after state judge Denise Lindberg who is in Arizona for an uncle’s funeral. The disagreement between Judge Benson and Judge Lindberg has been coming to a boil over several weeks. The battle is over money, power and land in the polygamist towns of Hildale, Utah and Colorado City, Arizona. It is about control of the United Effort Plan Trust that owns much of the property in those twin towns. Six years ago, Judge Lindberg assumed control of the UEP. She found that Warren Jeffs, who had made himself the sole trustee of the UEP, had abandoned it. Judge Lindberg appointed Salt Lake CPA Bruce Wisan as a special fiduciary to manage the trust to protect the rights of everyone in the communities -- not just the FLDS. Now Judge Benson has ruled that the state violated the religious rights of the FLDS by taking over the trust and has ordered it returned to the group’s leadership. Judge Lindberg issued her own order contradicting the federal order saying, among other things, that no one knows who is now in charge of the FLDS and many other traditional beneficiaries of the trust who are not FLDS could be harmed by FLDS control. In an "emergency" petition to the 10th Circuit Court of Appeals filed Thursday on behalf of Judge Lindberg, it was alleged that Judge Benson "suggested that it might be necessary to have the federal marshals bring Judge Lindberg before his court." The filing called that threat "a crisis" and asked the court for an immediate ruling stopping Judge Benson. Read more | ||||||||||||||||||||||||||||||||||||||
| Appeals court mulls polygamous church trust case | ||||||||||||||||||||||||||||||||||||||
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JENNIFER DOBNER Associated Press Writer The Spectrum Originally published April 15, 2011 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY — The battle for control of a Utah polygamous church's land trust is in the hands of the 10th Circuit Court of Appeals in Denver. Appeals court clerk Elisabeth Shumaker said Thursday two judges are considering an emergency motion filed on behalf of Utah's 3rd District Judge Denise Lindberg. Lindberg wants the 10th Circuit to block an April 8 preliminary injunction from U.S. District Judge Dee Benson that orders the trust returned to the Fundamentalist Church of Jesus Christ of Latter Day Saints and its jailed leader, Warren Jeffs. In the motion filed Wednesday, Lindberg claims Benson has created "an immediate crisis" that will cause "irreparable harm" and unravel six years of decisions by the Utah courts. She claims the federal court shouldn't interfere. "By virtue of the orders issued by the district court, control of the state case will be inappropriately wrested from Judge Lindberg unless (the appeals court) takes immediate action," wrote Brent M. Johnson, an attorney working on Lindberg's behalf. The motion also claims Benson's actions might undermine public confidence in the federal court because his ruling places the federal system "in direct conflict with the state courts." Attorneys for the FLDS opposed Lindberg's motion late Thursday. "The 'emergency' cited by Judge Lindberg is entirely of her own making," and her actions run afoul of federal court rules, attorney Rod Parker wrote. Parker contends that Benson's order is crafted narrowly and protects the interests of all trust beneficiaries. The order prohibits the liquidation of assets or other significant changes while the trust remains entangled in lawsuits. Read more | ||||||||||||||||||||||||||||||||||||||
| Judge ordered to explain polygamous church ruling | ||||||||||||||||||||||||||||||||||||||
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Associated Press Forbes Originally published April 15, 2011 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY -- A Utah state judge has been ordered to appear in Salt Lake City's federal court in the legal battle over the land trust tied to Warren Jeffs' polygamous church. Third District Judge Denise Lindberg has been ordered appear Monday and explain why she sought to block a federal court ruling giving the trust back to church leaders. U.S. District Judge Dee Benson says he might hold Lindberg in contempt of court. Utah took over the trust in 2005 amid allegations of mismanagement. That's being challenged in both state and federal courts. In February, Benson said the takeover violated the religious rights of the Fundamentalist Church of Jesus Christ of Latter Day Saints, and ordered the assets returned. But Lindberg issued a competing order preventing the assets from being returned. She's also asked the 10th U.S. Circuit Court of Appeals to block Benson's order. | ||||||||||||||||||||||||||||||||||||||
| Federal judge threatened to send marshals after state judge, motion states | ||||||||||||||||||||||||||||||||||||||
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By Emiley Morgan Deseret News Originally published Friday, April 15, 2011 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY — A federal judge threatened to dispatch federal marshals to make sure a district court judge appeared in his courtroom, a court motion states. The threat is the latest turn of events involving an ongoing battle between state and federal courts regarding the management of a trust fund involving the polygamous Fundamentalist LDS Church. Calling a recent ruling by U.S. District Judge Dee Benson an "immediate crisis," 3rd District Judge Denise Lindberg — who has been overseeing the management of the $110 million trust fund — has turned to the 10th Circuit Court of Appeals for help. Benson ordered Lindberg to appear in his federal courtroom for an order to show cause hearing on Friday. But when Lindberg's attorney informed Benson that the judge planned to attend the funeral of her uncle in Arizona on Friday and would not be available, the attorney said Benson suggested dispatching federal marshals to force the state judge's attendance. "Judge Lindberg is leaving for Arizona this afternoon to attend a memorial service for her recently deceased uncle, scheduled for (Friday)," Lindberg's attorney, Brent Johnson, wrote in a motion filed Thursday. "When (Lindberg) informed Judge Dee Benson of this information, he suggested that it may be necessary to have the federal marshals bring Judge Lindberg before his court (Thursday) afternoon to answer as to her order. This has created a crisis necessitating an immediate decision." Court officials confirmed late Thursday that Lindberg went to the funeral as planned, and Benson rescheduled the order to show cause hearing for Monday. Lindberg is asking the 10th Circuit Court of Appeals to issue a stay of an injunction Benson issued last week. The injunction requires that the church's assets be returned to FLDS leadership and also prevents any further sale of assets within the United Effort Plan Trust. Read more | ||||||||||||||||||||||||||||||||||||||
| Appeals court defuses showdown between federal and state judges | ||||||||||||||||||||||||||||||||||||||
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By Dennis Romboy Deseret News Originally published Friday, April 15, 2011 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY — An appeals court Friday afternoon pre-empted a high noon showdown between federal and state judges embroiled in a feud over management of a polygamous church's finances. The 10th Circuit Court of Appeals temporarily suspended a hearing at which U.S. District Judge Dee Benson expected 3rd District Judge Denise Lindberg to explain why she should not be held in contempt of court. Benson contends Lindberg failed to follow his ruling regarding the Fundamentalist LDS Church's $110 million trust fund. The hearing was scheduled for noon Monday. The Denver-based appeals court also put on hold Benson's preliminary injunction that touched off the judicial duel. That order removed Lindberg and court-appointed special fiduciary Bruce Wisan as administrators of the trust known as the United Effort Plan. "No actions shall be taken to enforce or implement either of the stayed orders until this temporary stay is lifted," the circuit court judges wrote. Parties in the case now have until April 22 to challenge or extend the stays and file other motions in the case. Court motions have flown fast and furious the past two days between the federal and state courts. Benson initially wanted Lindberg to appear before him on Friday. But Lindberg is in Arizona attending an uncle's funeral. When informed of her plans, Benson threatened to send federal marshals to force Lindberg to show up before rescheduling the hearing for Monday, court documents state. Calling Benson's ruling in the ongoing intra-court clash an "immediate crisis," Lindberg turned to the appeals court for help. Benson, in his order filed late Thursday, noted that a motion to appeal had not been filed in his court. "Rather than seek any such legal remedy from this court, Judge Lindberg has declared that she will resist and disobey this court's lawfully entered order," Benson wrote. In his order, Benson refers to the state judge as "defendant Lindberg." Read more | ||||||||||||||||||||||||||||||||||||||
| UPDATE: In the battle of the judges, score one for Judge Lindberg | ||||||||||||||||||||||||||||||||||||||
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Reported by: Brent Hunsaker ABC 4 News Originally broadcast April 15, 2011 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY (ABC 4 News) - A temporary victory today for Utah District Judge Denise Lindberg in her ongoing battle with Federal Judge Dee Benson. The 10th Circuit Court of Appeals granted her emergency request and put a halt to Judge Benson's order turning over a 110-million dollar trust to the FLDS polygamist group. That trust controls all of the land in the towns of Hildale, Utah and Colorado City, Arizona. It was taken over by judge Lindberg in 2005 on charges that Warren Jeffs had mismanaged and then abandoned the trust. Some members of the FLDS group filed suit in federal court claiming the state's takeover violated their religious rights. That case has yet to be heard, but judge Benson issued a strongly worded preliminary injunction ordering the trust returned to FLDS control. Judge Lindberg refused, and that led to Judge Benson's threat to use the U.S. Marshals to haul her into his courtroom. The stay from the 10th Circuit is only temporary pending a full review of the case. See image | ||||||||||||||||||||||||||||||||||||||
| Federal appeals court intervenes in judge vs. judge fight | ||||||||||||||||||||||||||||||||||||||
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Ben Winslow FOX 13 News KSTU-TV Originally broadcast April 15, 2011 | ||||||||||||||||||||||||||||||||||||||
| DENVER — A federal appeals court has stepped into the middle of a spat between two judges, putting a halt to a hearing where a state court judge could have been found in contempt of court. The 10th U.S. Circuit Court of Appeals in Denver issued a temporary stay of U.S. District Judge Dee Benson's orders after an emergency appeal was filed by an attorney representing 3rd District Court Judge Denise Lindberg. The state court judge had claimed Benson threatened to have U.S. Marshals bring her to his courtroom by force to explain herself. The two judges have been feuding in court orders over control of the Fundamentalist Church of Jesus Christ of Latter Day Saints' real-estate holdings arm, the United Effort Plan Trust. Benson ruled the state's takeover of the UEP in 2005 was unconstitutional and a violation of FLDS members' freedom of religion rights. Benson ordered the trust to go back to the FLDS Church. Lindberg, in her own ruling, maintained that she was still in charge of the UEP Trust and ordered the court-appointed fiduciary of the UEP to resist any of Benson's orders. That, she claimed in a court filing, prompted him to threaten her with contempt of court. Lindberg said she was originally told to appear in Benson's courtroom on Friday but she would be unable to because she was attending a relative's funeral out of state. He then ordered her to appear on Monday. In its order temporarily halting enforcement of Benson's rulings, the 10th Circuit Court of Appeals sought additional briefs from attorneys for the Utah and Arizona attorneys general, the FLDS Church and the state court judge. Read more | ||||||||||||||||||||||||||||||||||||||
| Court Documents: 10th Circuit Temporary Stay in UEP case | ||||||||||||||||||||||||||||||||||||||
| Judges at an Impasse Over Polygamists' Land Dispute | ||||||||||||||||||||||||||||||||||||||
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By TIM HULL Courthouse News Service - Pasadena, California Originally published Monday, April 18, 2011 | ||||||||||||||||||||||||||||||||||||||
| (CN) - The 10th Circuit has suspended an order that would return control of a $110 million trust to a polygamist sect while it referees a territorial feud between state and federal judges. The Denver-based federal appeals court on Friday granted a motion by Judge Denise Lindberg, of Utah's Third District Court, to stay a federal show-cause order filed by U.S. District Judge Dee Benson. Benson presides in the U.S. District Court in Salt Lake City. Early last week Lindberg refused to follow Benson's April 8 ruling to return control of the United Effort Plan Trust to the Fundamentalist Church of Jesus Christ of Latter Day Saints. Benson subsequently issued a show-cause order and threatened to hold the state judge in contempt. Lindberg appealed to the 10th Circuit, which gave the parties until April 22 to file responses. "Sufficient cause has been shown for temporary stays in order to offer all parties an opportunity to respond and for this court to make a considered decision," the unsigned 10th Circuit order states. "No actions shall be taken to enforce or implement either of the stayed orders until this temporary stay is lifted." Benson's order would give control of the trust, including financial and property records and all of the trust's assets, to the Corporation of the President of the Fundamentalist Church of Jesus Christ of Latter-Day Saints. The trust property includes more than 700 houses, farms, dairies and other businesses on land in two communities along the Arizona-Utah border. Utah had intervened in the trust amid claims of mismanagement stemming from the alleged crimes of Warren Jeffs, the church's incarcerated leader. In recent years, several entities have sued the trust as an accomplice to Jeffs, who is now facing charges of bigamy and sexual assault in Texas after successfully vacating an earlier rape conviction in Utah. | ||||||||||||||||||||||||||||||||||||||
| Judicial battle over FLDS trust fund called 'unprecedented clash' | ||||||||||||||||||||||||||||||||||||||
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By Dennis Romboy Deseret News Originally published Saturday, April 23, 2011 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY — An "unprecedented clash" between a state judge and federal judge over control of a polygamous church's trust fund prompted another round of arguments Friday. Third District Judge Denise Lindberg, who oversees management of the FLDS Church's finances, has asked the 10th Circuit Court of Appeals to continue delaying U.S. District Judge Dee Benson's order relieving her of that responsibility. In addition, the court-appointed fiduciary over the church's trust fund, known as the United Effort Plan, also asked the appeals court in Denver to continue the preliminary injunction it issued last week. That order put on hold Benson's decision to remove Lindberg and fiduciary Bruce Wisan as administrators of the $110 million trust and turn it over to FLDS Church leadership. Lindberg, according to Wisan's motion, should be praised, not attacked, for appealing to the 10th Circuit "to avert the immediate dissipation of trust assets by Warren Jeffs and the danger that the trust will be used to facilitate sex crimes against children." FLDS Church attorney Rodney Parker argues that the appeals court should lift its stay, thus allowing Benson's ruling to stand. "It is unfortunate that Judge Lindberg would argue that it is adverse to the public interest for the FLDS to choose, as a matter of religious devotion and practice, a lawful program of common ownership," he wrote. The flurry of motions are the latest volleys in a state-federal tussle over jurisdiction in the prolonged case. Last week, Benson threatened to call in federal marshals and to hold Lindberg in contempt of court if she did not appear before him to explain why she ignored his order removing her and Wisan. Lindberg appealed to the 10th Circuit, which pre-empted the judicial showdown and stayed Benson's order. "This case presents an unprecedented clash between two different sovereigns, with the fiduciary and the trust beneficiaries caught in the middle," Wisan's attorney Jeffrey L. Shields wrote in the his motion. Read more | ||||||||||||||||||||||||||||||||||||||
| Venue changed in land dispute | ||||||||||||||||||||||||||||||||||||||
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Kevin Jenkins The Spectrum Originally published April 26, 2011 | ||||||||||||||||||||||||||||||||||||||
| ST. GEORGE - A dispute over ownership of 20 acres of Hildale property was transferred by a 5th District Court judge to Salt Lake County's court Tuesday so it can be decided with other lawsuits related to the border city and a land trust once controlled by its polygamous residents. Judge John Walton denied a Hildale motion to dismiss the property rights question but granted a change of venue motion presented by defendants Richard Holm, who lives on the 20 acres on the city's west side, and The United Effort Plan Trust. Walton cited "judicial economy" in seeking to keep litigation related to the UEP trust, property rights and freedom of religion under one judge, as well as a desire to avoid contradicting another state judge. "I'm concerned about issuing an order in this court that would be either directly or indirectly contradictory to (3rd District Court) Judge (Denise) Lindberg," Walton said. "One possible reading (of Lindberg's ruling) is that all these competing claims should be in one place." The $114 million communal land trust is at the center of a battle of wills between Lindberg and federal court Judge Dee Benson regarding UEP administration. The state court judge appointed special fiduciary Bruce Wisan, the managing partner of a Salt Lake City accounting firm, to take control of the trust in 2005 following questions about whether the trustees were mismanaging UEP assets and leaving it vulnerable to liquidation. The federal court judge ruled earlier this month that control of the trust should be given to The Fundamentalist Church of Jesus Christ of Latter Day Saints on grounds the state court violated church members' religious rights when it turned control of the charity over to the government. Read more | ||||||||||||||||||||||||||||||||||||||
| Appeals court blocks polygamy land trust ruling | ||||||||||||||||||||||||||||||||||||||
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By JENNIFER DOBNER Associated Press San Jose Mercury News - San Jose, California Originally published April 27, 2011 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY — A federal appeals court on Wednesday blocked a federal judge in Utah from handing control of a communal land trust back to leaders of Warren Jeffs' polygamous church. The stay issued by the Denver-based 10th Circuit Court of Appeals also halted a dispute between Utah's 3rd District Court Judge Denise Lindberg and U.S. District Court Judge Dee Benson, who disagree about management of the United Effort Plan trust. Valued at $114 million, the trust holds the land and homes of Fundamentalist Church of Jesus Christ of Latter Day Saints members in Colorado City, Ariz.; Hildale, Utah; and Bountiful, British Columbia. Utah courts seized control of the trust in 2005 after amid allegations of mismanagement, including that Jeffs and other church leaders had used it for their own benefit and left its holdings vulnerable to liquidation through default judgments in civil lawsuits. The next year, a state judge allowed the trust to be stripped of its religious tenets and opened its class of beneficiaries to former church members. Some 6,000 of the church's 10,000 members then sued in federal court. The FLDS have sued in both state and federal courts to regain control of the properties. The sect believes communal living is a religious principle and formed the trust in the 1940s so that faithful members could share its assets. In February, Benson ruled that Utah's actions amounted to a government takeover that violated the religious rights of the church. Appeals of the ruling have been filed by the attorneys general of Utah and Arizona and by attorneys for Bruce Wisan, the Lindberg-appointed accountant who currently manages the trust. An attorney representing Lindberg has also appealed. The parties believe Benson has overstepped his authority and that a federal court may not have the right to overturn the decisions by a state judge. Read more | ||||||||||||||||||||||||||||||||||||||
| Appeals court allows state judge to continue management of FLDS trust | ||||||||||||||||||||||||||||||||||||||
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By Dennis Romboy Deseret News Originally published Wednesday, April 27, 2011 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY — An appeals court issued an indefinite stay Wednesday against a federal judge's decision to turn control of a multimillion dollar trust fund back to the polygamous Fundamentalist LDS Church. The 10th Circuit Court of Appeals' decision is a temporary win for 3rd District Judge Denise Lindberg, who resisted U.S. District Judge Dee Benson's order to return management of the United Effort Plan trust to the church. Lindberg and court-appointed special fiduciary Bruce Wisan oversee the $110 million fund. The appeals court in Denver found a "threat of irreparable harm" would exist if it did not grant Lindberg's request for the stay. The order will remain in place until the 10th Circuit resolves all the appeals. The court had issued a temporary stay earlier this month. In addition, the appeals court stayed Benson's order that Lindberg appear before him to explain why she didn't remove herself and Wisan as trust fund managers. Wednesday's order heads off for now a face-to-face clash between the state and federal judges. Lindberg and Benson engaged in a judicial duel the past few weeks over control of the drawn out case. Benson at one point threatened to call in federal marshals and hold Lindberg in contempt of court. Lindberg appealed to the 10th Circuit for relief. Over the past week, lawyers for Linderg, Wisan and the FLDS Church filed lengthy motions arguing for and against the stay. Wisan's attorney, Jeffrey Shields, contended the stay should be issued "to avert the immediate dissipation of trust assets by Warren Jeffs and the danger that the trust will be used to facilitate sex crimes against children." Read more | ||||||||||||||||||||||||||||||||||||||
| Utah Wins A New Round in $100M Land Dispute | ||||||||||||||||||||||||||||||||||||||
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By TIM HULL Courthouse News Service - Pasadena, California Originally published Thursday, April 28, 2011 | ||||||||||||||||||||||||||||||||||||||
| (CN) - The 10th Circuit on Wednesday indefinitely stayed a federal judge's order that would return control of a $110 million trust to a polygamist sect. The Denver-based federal appeals court granted a motion by Judge Denise Lindberg, of Utah's Third District Court, to put a preliminary injunction order filed by U.S. District Judge Dee Benson on hold "until the stay is dissolved by this court." Benson presides in the U.S. District Court in Salt Lake City. Benson's order, once implemented, gives control of the trust, including financial and property records and all of the trust's assets, to the Corporation of the President of the Fundamentalist Church of Jesus Christ of Latter-Day Saints. The trust property includes more than 700 houses, farms, dairies and other businesses on land in two communities along the Arizona-Utah border. Utah had intervened in the trust amid claims of mismanagement stemming from the alleged crimes of Warren Jeffs, the church's incarcerated leader. In recent years, several entities have sued the trust as an accomplice to Jeffs, who is now facing charges of bigamy and sexual assault in Texas after successfully vacating an earlier rape conviction in Utah. Earlier this month, the 10th Circuit stayed Benson's order. | ||||||||||||||||||||||||||||||||||||||
| Accountant wants Utah to pay FLDS land trust debts | ||||||||||||||||||||||||||||||||||||||
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By JENNIFER DOBNER Associated Press Deseret News Originally published Monday, June 13, 2011 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY — The court-appointed accountant for a land trust once run by jailed polygamous leader Warren Jeffs wants the Utah taxpayers to pay off $4.6 million in debts incurred for its management. In court papers, attorneys for Bruce Wisan have asked a 3rd District judge to order state officials to pay the United Effort Plan Trust debts. "The trust is facing a continuing, on-going crisis due to a lack of funds to pay the costs of administration," Wisan's attorney, Jeff Shields, wrote in the May 27 court filing. The Utah Attorney General's Office opposed the request in a response filed Friday with the court. The money is owed to lawyers, Wisan's own Salt Lake City accounting firm, an engineering and surveying firm, a public relations firm, and others hired for trust-related business. Wisan alone is owed more than $1 million and the firm that employs Shields is owed nearly $2.4 million, according to court documents. In addition, about $2 million in property taxes is owed on trust property in Utah and Arizona. The $4.6 million currently owed is for expenses incurred since those working for the trust were last paid in 2008. "It is an extreme burden for (Wisan) and his professionals to carry the full weight of the ongoing cost of this UEP Trust administration," Shields wrote. Read more | ||||||||||||||||||||||||||||||||||||||
| EXCLUSIVE: FLDS polygamists $2.1 million behind on property taxes | ||||||||||||||||||||||||||||||||||||||
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Reported by: Brent Hunsaker ABC 4 News Originally broadcast June 14, 2011 | ||||||||||||||||||||||||||||||||||||||
| HILDALE, Utah (ABC 4 News) - According to information provided by the court-appointed administrator of the United Effort Plan (UEP) trust, $2,097,612 in delinquent property taxes are owed on land in Hildale, Utah and Colorado City, Arizona. Many of the people have not paid property taxes since 2007. On the Utah side, 42 of 44 parcels of land are delinquent. The back taxes owed to Washington County alone totals $528,509. That means a half million dollars less in county coffers for schools, library, law enforcement and other county functions. Without that money, leaders have to either cut budgets or raise taxes. Everyone in Washington County is effected by FLDS refusing to pay property taxes. No one within the the FLDS dominated communities will say, but it's generally believed the refusal to pay property taxes is a protest against state control of the UEP Trust. That trust owns most of the land in the twin communities along the Utah-Arizona border. In 2005, A Utah judge seized control of the trust after finding that it had been "abandoned" by the sole trustee, Warren Jeffs. (At the time, Jeffs was fugitive from justice who would eventually end up on the FBI's 10 Most Wanted List.) Still, the FLDS tax protest could backfire. "The end result -- what's going to happen to the trust property -- it's going to be sold for taxes," said Val Oveson. Oveson is a former IRS executive, Utah State Auditor and Chairman of the State Tax Commission. He now helps manage the UEP Trust. Read more | ||||||||||||||||||||||||||||||||||||||
| Utah Supreme Court to stay 2 FLDS cases pending decision by appeals court | ||||||||||||||||||||||||||||||||||||||
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By Emiley Morgan Deseret News Originally published Thursday, June 16, 2011 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY — The Utah Supreme Court will not rule on two cases involving the trust of a Utah-based polygamous sect until the 10th Circuit Court of Appeals resolves a dispute between the state and federal judges presiding over the case. In an order released Thursday, Associate Chief Justice Matthew Durrant said the court will stay two separate matters involving the Fundamentalist LDS Church until a decision is issued by the Denver-based appeals court. The ongoing rift between U.S. District Judge Dee Benson and 3rd District Judge Denise Lindberg began in February when Benson issued a ruling calling state action to oversee the United Effort Plan Trust a "virtual takeover" that was totally unconstitutional. Benson issued an injunction ordering that the church's assets be returned to FLDS leaders and prohibiting any further action by the state-appointed special fiduciary when it came to management of the trust. Lindberg responded by ordering that the special fiduciary maintain control over the trust's assets, but agreed that no action should be taken until the issue is resolved. Lindberg then appealed to the 10th Circuit Court of Appeals to halt implementation of Benson's order. The appeals court issued an indefinite stay on Benson's order until it can resolve the case, finding there could be a "threat of irreparable harm" if it did not grant Lindberg's request. Read more | ||||||||||||||||||||||||||||||||||||||
| Utah Supreme Court delays ruling on FLDS land trust cases | ||||||||||||||||||||||||||||||||||||||
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JENNIFER DOBNER Associated Press The Spectrum Originally published June 17, 2011 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY — The Utah Supreme Court will wait to decide two cases involving a land trust tied to Warren Jeffs' polygamous church until after action is taken by a federal appeals court. In a ruling released Thursday, state Supreme Court justices said the cases remain stayed until the Denver-based 10th Circuit Court of Appeals issues a decision or takes other relevant action in a parallel case. The appeal challenges a February decision from U.S. District Judge Dee Benson that said Utah violated the religious rights of Fundamentalist Church of Jesus Christ of Latter Day Saints members when it seized the United Effort Plan Trust in 2005. Valued at more than $110 million, the trust holds the land and homes of FLDS members in Hildale, Utah, Colorado City., Ariz., and Bountiful British Columbia. The state courts took over the trust and appointed an accountant to manage it after allegations that Jeffs and other church leaders had used trust assets for their own benefit. A battle for control of the communal land trust was launched in 2008, when FLDS members filed lawsuits in state and federal court to take back the property. The cases pending before the Utah Supreme Court sprung from that litigation and were argued before justices last November. One case seeks legal standing for FLDS bishops who formerly administered the distribution of trust assets to church members. The other addresses the participation of longtime FLDS attorney, Rod Parker, in the lawsuits. Read more | ||||||||||||||||||||||||||||||||||||||
| Judge orders AG to pay nearly $5m to accountant overseeing FLDS land arm | ||||||||||||||||||||||||||||||||||||||
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Ben Winslow Fox13Now.com KSTU-TV Originally broadcast August 2, 2011 | ||||||||||||||||||||||||||||||||||||||
| A judge has ordered the Utah Attorney General's Office to pay nearly $5 million in fees in the ongoing court fight over land in the polygamous border towns of Hildale and Colorado City. In a ruling made July 29 and released on Tuesday, 3rd District Judge Denise Lindberg ordered Utah Attorney General Mark Shurtleff's office to pay Bruce Wisan, the court-appointed special fiduciary of the United Effort Plan Trust. The UEP is the real-estate holdings arm of the Fundamentalist Church of Jesus Christ of Latter Day Saints, which is led by Warren Jeffs. It was taken over by the courts in 2005 amid allegations that Jeffs and other FLDS leaders mismanaged it. The UEP controls homes and property in Hildale, Colorado City, Ariz., and other FLDS enclaves. In her ruling, Lindberg chastised the attorney general, saying he "undercut" Wisan's ability to manage the trust by trying to negotiate a settlement that returned much of the control of the trust back to the FLDS Church. Lawsuits over control of the trust are currently in the hands of a federal appeals court in Denver. Jeffs is currently on trial in Texas on charges related to underage marriages. See photo | ||||||||||||||||||||||||||||||||||||||
| Utah A.G. ordered to pay costs of those managing FLDS trust | ||||||||||||||||||||||||||||||||||||||
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By Emiley Morgan Deseret News Originally published Tuesday, Aug. 2, 2011 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY — If the Utah Attorney General's Office doesn't pay the bills to run a polygamous sect's trust, as ordered by a judge, the assets of the trust could be left unprotected. Third District Judge Denise Lindberg issued a ruling Monday stating that Attorney General Mark Shurtleff's office must pay $4.6 million in costs incurred by special fiduciary Bruce Wisan and those he has hired, including attorneys, since early 2008. Shurtleff said he was "surprised and outraged" by the court order. "It's based on absolute misstatement of fact and I think the judge has overstepped her authority," he said. "I have my team analyzing what the next step might be." Shurtleff said the funds and assets in the United Effort Plan Trust — valued at $110 million — aren't at risk right now, as they are not to be touched until the 10th Circuit Court of Appeals determines who has rightful control over it, per a court-ordered stay. In her ruling, Lindberg warned that if Wisan and those he has hired are not paid, the trust — which has been run by the state since 2005 — could find itself in trouble. "The trust now faces the real and financial threat that it will be left without someone to manage it, attorneys to defend it or other professional assistance," she wrote. Read more | ||||||||||||||||||||||||||||||||||||||
| Judge orders Utah to pay $4.6M of polygamous sect's land trust debts | ||||||||||||||||||||||||||||||||||||||
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JENNIFER DOBNER Associated Press Greenfield Daily Reporter - Greenfield, Indiana Originally published August 2, 2011 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY — A judge has ordered the state of Utah to pay off $4.6 million in debt incurred by an accountant tasked with managing a land trust once run by jailed polygamous sect leader Warren Jeffs. Accountant Bruce Wisan sought payment of the United Effort Plan Trust debts from the courts in June. The debt is for expenses incurred since those working for the trust were last paid in 2008. The money is owed to lawyers, Wisan's own Salt Lake City accounting firm, an engineering and surveying firm, a public relations firm, and others hired for trust-related business. Wisan alone is owed more than $1 million. The Utah Attorney General's Office has fought the request, but 3rd District Judge Denise Lindberg said in a court ruling issued Monday that the state is best positioned to cover the debts, which could be repaid later from trust assets. Lindberg noted that state trust laws allows for payment of debt by another party when "justice and equity" require it. "This is one of those admittedly rare instances... As the court sees it, as between the state on the one hand and (Wisan and others) on the other, the state is clearly better situated to bear this burden while trust administration issues are finally resolved through the court processes," she ruled. It ordered Wisan to compile a detailed accounting of the outstanding debt and submit it for review by the court and state officials. Lindberg said she will then determine whether to approve, alter or reject the requests and will consider input from the attorney general's office. "Once the court has made the determination, it will be the state's duty to pay the obligation timely," Lindberg said. Read more | ||||||||||||||||||||||||||||||||||||||
| Read Judge Denise Lindbergs's Ruling and Motion on Order to Award Costs and Expenses Chargeable to the State of Utah to have the Utah Attorney General's Office pay the expenses for the United Effort Plan Trust's fiduciary, filed in the Third District Court on August 1, 2011 | ||||||||||||||||||||||||||||||||||||||
| Utah Taxpayers To Foot Bill In FLDS Seized Land Trust | ||||||||||||||||||||||||||||||||||||||
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Reported by: Rod Decker KUTV Channel 2 Originally broadcast Monday, August 29, 2011 | ||||||||||||||||||||||||||||||||||||||
| (KUTV) SALT LAKE CITY - FLDS property that was seized in 2005 has accrued a debt of $4.7 million, but instead of members paying the bill, a judge decided to make tax payers foot the bill. Judge Denise Lindberg seized the trust, the houses and land back in 2005. She appointed Bruce Wisan as boss of the trust. He has billed the FLDS members $4.7 million dollars, but they say their property shouldn't have been seized in the first place, and they won't pay. Instead, FLDS members contested Judge Lindberg's seizure and federal Judge Dee Bensen said it violates the constitution. So Judge Lindberg is ordering Utah taxpayers to pay the $4.7 million dollars to Bruce Wisan. Court spokesman Brent Johnson says in this case, it is appropriate for the judge and trustee to be co-litigants. | ||||||||||||||||||||||||||||||||||||||
| Attorney: Judge should toss polygamous trust case | ||||||||||||||||||||||||||||||||||||||
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JENNIFER DOBNER Associated Press Houston Chronicle Originally published Tuesday, September 6, 2011 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY (AP) — An Arizona judge has been asked to toss — not retry — a 2009 trespassing case involving a polygamous church's land trust because clerks have failed to turn over case records to a defense attorney. "It's now six months and they won't give me a copy." said Bill Walker, the defense attorney representing the trust's court-appointed manager, Bruce Wisan. "They say they don't have enough time to copy it." Wisan, a Salt Lake City accountant, manages the $114 million United Effort Plan Trust, an arm of the Warren Jeffs-run Fundamentalist Church of Jesus Christ of Latter Day Saints. The Utah courts took control of the trust in 2005 amid allegations of mismanagement by Jeffs, who is serving a life prison term in Texas following a conviction on child sexual assault charges last month. In 2009, Wisan pleaded not guilty to six misdemeanor counts of solicitation, facilitation and criminal trespassing. The charges stem from allegations that he ordered a trust employee to enter two homes in Colorado City, Ariz., without the permission of residents. The employee was later convicted of criminal trespassing. A second employee, Jethro Barlow, is charged along with Wisan and has also pleaded not guilty. Read more | ||||||||||||||||||||||||||||||||||||||
| Judge holds firm on $5.5M FLDS debt settlement | ||||||||||||||||||||||||||||||||||||||
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The Associated Press The Spectrum Originally published December 6, 2011 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY — A judge won't reconsider an order directing the state of Utah to pay more than $5.5 million in debts owed by a communal trust once run by imprisoned polygamous sect leader Warren Jeffs. The money is owned to a court-appointed accountant managing the trust, and others hired for trust-related business. The Utah courts seized the trust in 2005 amid allegations of mismanagement by Jeffs and other Fundamentalist Church of Jesus Christ of Latter-day Saints leaders. The $114 million trust holds the land and homes of Jeffs' followers. The Utah Attorney General's Office asked for a reconsideration of the August order last week. It was denied by the judge Friday. State attorneys contend taxpayers aren't responsible because the state acted in good faith when taking over the trust. | ||||||||||||||||||||||||||||||||||||||
| Judge OK's eviction threat to get tax payments | ||||||||||||||||||||||||||||||||||||||
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Jennifer Dobner Associated Press The Spectrum Originally published December 23, 2011 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY - A Utah judge approved a plan that calls for the eviction of sect members and others along the Utah-Arizona border unless $2.2 million in back taxes are paid. Third District Judge Denise Lindberg ruled that a court-appointed accountant can threaten eviction to try to get payment from residents of the border towns of Hildale, Utah, and Colorado City, Ariz. Most of the property in the two cities is owned by the United Effort Plan communal land trust, which was once run by Warren Jeffs, the imprisoned leader of the Fundamentalist Church of Jesus Christ of Latter Day Saints. Utah took control of the trust in 2005 and appointed Salt Lake City accountant Bruce Wisan as its manager amid allegations of mismanagement by Jeffs. The FLDS has largely refused to cooperate with Wisan, including refusing to pay property taxes directly to him and has instead paid county authorities. Court papers filed by Wisan's attorney, Jeff Shields, show tax delinquencies on 132 land parcels have grown steadily since 2008 and now total $2.2 million. More than $1.6 million is owed to Arizona's Mohave County and more than $535,000 is owed in Utah's Washington County. Read more | ||||||||||||||||||||||||||||||||||||||
| Read Judge Denise Lindberg's Ruling and Order regarding Bruce Wisan's Motion for Guidance on Resolution of Property Tax Crisis, filed in the Utah Third District Court December 14, 2011 | ||||||||||||||||||||||||||||||||||||||
| Editorial Board's View - FLDS back taxes | ||||||||||||||||||||||||||||||||||||||
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Opinion The Spectrum Originally published December 25, 2011 | ||||||||||||||||||||||||||||||||||||||
| A Salt Lake City judge has given members of the Fundamentalist Church of Jesus Christ of Latter Day Saints and other residents in the border towns of Hildale, Utah, and Colorado City, Ariz., an opportunity that many other people delinquent on their taxes don't receive. They get a full year to pay their bill, which extends back years. Earlier this month, 3rd District Judge Denise Lindberg ruled that owners of the 132 delinquent parcels in the two towns — dominated by the FLDS church, which practices polygamy among its tenets — must pay the $1.6 million they owe to Arizona and the $535,000 they owe to Washington County by the end of 2012 or the land will be sold. Under a plan developed by Bruce Wisan, who was appointed to oversee the United Effort Plan communal trust that actually owns the property, residents who don't pay will be evicted and replaced by other trust beneficiaries who assert they will comply with the rules. Among those rules is an agreement to pay a monthly occupancy fee. Predictably, FLDS supporters object to the plan. The church's attorney, Rod Parker, told The Associated Press he agrees that taxes should be paid, but he believes the ruling violates a ruling from February that found the state's management of the trust was unconstitutional. Read more | ||||||||||||||||||||||||||||||||||||||
| Judge orders $5.5 million polygamy trust payment | ||||||||||||||||||||||||||||||||||||||
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By Jennifer Dobner Associated Press The Spectrum Originally published February 15, 2012 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY - A judge has given Utah's attorney general 90 days to pay off more than $5.5 million in debts incurred by managers of a communal land trust once run by jailed polygamist sect leader Warren Jeffs. Third District Judge Denise Lindberg set the deadline in an order issued Monday. The money is owed to Salt lake City accountant Bruce Wisan, his attorneys and other firms hired to assist with management of the United Effort Plan Trust - the $114 million communal property trust of Jeffs' Fundamentalist Church of Jesus Christ of Latter Day Saints. The trust holds the land and homes of FLDS members in the twin border communities of Hildale and Colorado City also in Bountiful, British Columbia. No trust bills have been paid since 2008. "We are disappointed in the ruling and are reviewing our options for appeal," Utah Attorney General Mark Shurtleff said. "We believe it is important to have the decision reviewed as expeditiously as possible." Utah seized control of the trust in 2005 amid allegations of mismanagement by Jeffs and other Fundamentalist Church of Jesus Christ of Latter Day Saints leaders. The Arizona Attorney General's Office backed the effort. Wisan was to be paid from the sale of trust assets, but a string of pending lawsuits, including one pending before Denver's 10th Circuit Court of Appeals, has blocked any land sales. A large portion of the debt is for legal fees incurred since 2008, when the FLDS first mounted a challenge to state control of the trust. Read more | ||||||||||||||||||||||||||||||||||||||
| Federal court kicks FLDS land battle back to Utah | ||||||||||||||||||||||||||||||||||||||
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Ben Winslow Fox 13 KSTU TV Originally published March 3, 2012 | ||||||||||||||||||||||||||||||||||||||
| DENVER — A federal appeals court has asked the Utah Supreme Court to weigh in again on a long-running land battle in the polygamous border towns of Hildale, Utah, and Colorado City, Ariz. In a decision issued Friday, the 10th Circuit Court of Appeals said that there were issues of Utah law that had yet to be settled and asked the state's top court to decide the issues first. The court canceled plans for arguments later this month. Read the decision here: 10th Circuit ruling in UEP case 3/2/12 In 2005, a judge in Salt Lake City's 3rd District Court took control of the FLDS Church's United Effort Plan (UEP) amid allegations that Warren Jeffs and other leaders of Utah's largest polygamous sect mismanaged it. The UEP, based on the early-Mormon concept of a "united order," controls homes and property in Hildale and Colorado City. FLDS members have challenged the court takeover, saying it violates their First Amendment right to freely practice their religion by consecrating their property to the church. | ||||||||||||||||||||||||||||||||||||||
| Utah appeals order to pay debts to FLDS trust | ||||||||||||||||||||||||||||||||||||||
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By Brian Skoloff Associated Press Deseret News Originally published Tuesday, March 6 2012 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY — The Utah Attorney General's Office on Tuesday appealed a judge's order to pay off more than $5.5 million in debt incurred by managers of a communal land trust once run by jailed polygamist sect leader Warren Jeffs. In a petition filed with the Utah Supreme Court, state attorneys argue that a lower court's ruling in February giving the state 90 days to pay the debts "violates state constitutional separation of powers principles, and demands payment in a time and under terms that make it impossible for Utah's attorney general to comply." The money is owed to Salt Lake City accountant Bruce Wisan, his attorneys and other firms hired to assist with management of the United Effort Plan Trust — the $114 million communal property trust of Jeffs' Fundamentalist LDS Church. The trust holds the land and homes of FLDS members in the twin towns of Hildale, Utah, and Colorado City, Ariz., and in Bountiful, British Columbia. Utah seized control of the trust in 2005 amid allegations of mismanagement by Jeffs and other FLDS leaders. The Arizona Attorney General's Office backed the effort. Wisan was to be paid from the sale of trust assets, but a string of pending lawsuits, including one before Denver's 10th Circuit Court of Appeals, has blocked sales. No trust bills have been paid since 2008. Read more | ||||||||||||||||||||||||||||||||||||||
| Utah AG appeals $5 million bill in FLDS land battle | ||||||||||||||||||||||||||||||||||||||
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Ben Winslow Fox 13 KSTU TV Originally published March 6, 2012 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY — The Utah Attorney General has asked the state supreme court to block a $5 million bill from an accountant appointed to oversee the FLDS Church's real-estate holdings arm. In a filing Tuesday, Utah Attorney General Mark Shurtleff's office argued that forcing them to foot the bill for the court-appointed special fiduciary "intrudes on a pure legislative function and therefore constitutes an invalid exercise of the district court's judicial authority." "That ruling violates the state constitutional separation of powers doctrine, and it also creates a condition – by demanding payment in a time and under terms – for which it is impossible for Utah's AG to comply," Utah Solicitor General Bridget Romano wrote in the petition to the Utah Supreme Court. Besides, the attorney general's office argued, they do not readily have the $5 million to pay the bill. Read the ruling here: Utah AG Supreme Court petition on UEP 3/6/12 In 2005, the United Effort Plan Trust was taken over by the courts over allegations that FLDS leader Warren Jeffs and others had mismanaged it. It was done with the support of both the Utah and Arizona attorneys general. The UEP controls most of the homes and property in the polygamous border towns of Hildale, Utah, and Colorado City, Ariz. Read more | ||||||||||||||||||||||||||||||||||||||
| High court hears arguments on payment of FLDS trust | ||||||||||||||||||||||||||||||||||||||
| AG's office faces order to pay more than $5.5M to managers | ||||||||||||||||||||||||||||||||||||||
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By Emiley Morgan Deseret News Originally published Monday, April 16 2012 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY — The issue of who will be paid what, when and by whom when it comes to management of the Fundamentalist LDS Church's United Effort Plan Trust went before the Utah Supreme Court Monday. Third District Court Judge Denise Lindberg has ordered that the Utah Attorney General's Office pay more than $5.5 million owed to those appointed by the state to manage the communal land trust — valued at $114 million. The trust includes the land and homes of FLDS members in the twin towns of Hildale, Utah, and Colorado City, Ariz., and in Bountiful, British Columbia. Utah seized control of the trust in 2005 amid allegations of mismanagement by Warren Jeffs and other FLDS leaders. Salt Lake City accountant Bruce Wisan, attorneys to represent Wisan and other firms were hired to assist in management of the trust, but they have gone largely unpaid since 2008. "It is difficult to go forward without being paid, but we feel like we have a duty," Wisan's attorney, Jeff Shields, told the justices of the high court Monday. "It's really odd to be appointed by the court and then go four years without being paid." Read more | ||||||||||||||||||||||||||||||||||||||
| Utah resists paying for polygamous takeover | ||||||||||||||||||||||||||||||||||||||
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Associated Press Provo Daily Herald Originally published May 16, 2012 | ||||||||||||||||||||||||||||||||||||||
| Utah's attorney general is willing to negotiate a settlement over $5.5 million owed to court-appointed accountants overseeing a polygamous sect's property trust on the Utah/Arizona border. Mark Shurtleff is appealing the court order to the Utah Supreme Court. Utah's top lawman argues that the courts should instead sell off assets of the Fundamentalist Church of Jesus Christ of Latter Day Saints. Shurtleff says he willing to pay some of the accountants' bill if the state gets reimbursed later. Third District Judge Denise Lindberg ordered the payment in February, saying the accountants are owed fees for Utah's 2005 takeover of the assets of the polygamous border towns of Hildale, Utah, and Colorado City. | ||||||||||||||||||||||||||||||||||||||
| Polygamy Case Tying Utah's Legal System In Knots | ||||||||||||||||||||||||||||||||||||||
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KUTV 2News Originally published Wednesday, May 30 2012 | ||||||||||||||||||||||||||||||||||||||
| (KUTV) Polygamy is tying Utah's legal system in knots. In 2005, Utah seized all houses and property belonging to polygamists living in Hilldale Colorado City. The case has been going on for 7 years and is back in the Utah Supreme Court. The court will decide about the constitutional rights of polygamists. After that, the Utah Supreme Court will decide whether taxpayers must pay $5-million to Bruce Wisan, who has been administering the FLDS houses. He says he hasn't been paid. | ||||||||||||||||||||||||||||||||||||||
| FLDS Land Dispute Back In Court | ||||||||||||||||||||||||||||||||||||||
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KUTV 2News Originally published Wednesday, June 6 2012 | ||||||||||||||||||||||||||||||||||||||
| (KUTV) Two separate cases involving polygamous FLDS religion land came before Utah's Supreme Court Wednesday. One case concerned whether Utah can take religious land home and businesses – and the other about fees. The state of Utah took homes and land, once controlled by FLDS leader Warren Jeffs, from the FLDS church without trial in 2005. The FLDS claim that the takeover violated separation of church and state. Since then, the cases have come before the Supreme Court 11 times. In 2010, the Supreme Court ruled against the FLDS church because their 3-year wait to challenge the takeover was deemed too long. Lawyer Roger Hoole, who represents former FLDS members, says the trust was used for "evil purposes". A federal judge ruled earlier that the state had no right to seize control of the land and businesses without proving that the FLDS were violating the law. According to Rod Parker, a lawyer for the FLDS, the state of Utah is violating FLDS religious freedom. Read more | ||||||||||||||||||||||||||||||||||||||
| High court hears more arguments involving complicated FLDS trust | ||||||||||||||||||||||||||||||||||||||
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By Emiley Morgan Deseret News Originally published Wednesday, June 6 2012 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY — The number of times the Utah Supreme Court has heard cases connected to a Utah-based polygamist sect's trust reached into the double digits Wednesday. This time, the state's five justices heard arguments about how they should respond to a question from the 10th Circuit Court of Appeals — which also has a case involving the trust in front of it — and who should pay the bills of those hired by the state to manage the trust. The United Effort Plan was created by the Fundamentalist LDS Church in 1942 on the concept of a "united order," allowing followers to share in its assets. Utah's state courts seized control of the FLDS trust in 2005, amid allegations of mismanagement by church leaders. Members consider sharing its assets a religious principle and see state intervention in the trust as a violation of their religious rights. They have long been challenging the state takeover of the trust in both state and federal courts. Valued at more than $110 million, the trust holds most of the property and homes in the twin border towns of Hildale, Utah, and Colorado City, Ariz. The church also holds property in Bountiful, British Columbia, and Eldorado, Texas. In 2009, 3rd District Judge Denise Lindberg, who presides over legal issues involving the trust, ruled that a liquidity crisis of the UEP trust made selling trust property necessary. The trust has around $3 million in debt and no steady source of revenue. The FLDS Church appealed the ruling to the Utah Supreme Court. Read more | ||||||||||||||||||||||||||||||||||||||
| Taxpayers May Have To Pay In FLDS Land Dispute | ||||||||||||||||||||||||||||||||||||||
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KUTV 2News Originally broadcast Monday, July 9 2012 | ||||||||||||||||||||||||||||||||||||||
| (KUTV) There may be a decision from the Utah Supreme Court soon on whether Utah taxpayers have to pay an accountant $5.6 million dollars as part of an FLDS land dispute. A judge has ruled the taxpayers have to pay, even though there was never any agreement that they should, and they won't get anything for the money. A Utah judge says taxpayers owe Bruce R. Wisan $5,612,000.25 Utah seized the homes and property of the FLDS church in Hilldale, Colorado City, and the court appointed Wisan to oversee the property, and make the FLDS pay his fees, though they didn't want anything to do with him. Now, a judge says the taxpayers must pay Wisan's fees, said Wisan's lawyer Jeff Shields. Because they started the case, they hired the trustee and they are doing state work. Utah's Supreme Court has been considering the case for more than a month, and they may order taxpayers to pay. Judges say it would be sort of a loan; eventually the taxpayers could help themselves to the FLDS property to get their money back. Read more | ||||||||||||||||||||||||||||||||||||||
| Utah AG ordered to pay for polygamous takeover | ||||||||||||||||||||||||||||||||||||||
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By Paul Foy The Associated Press staff Standard-Examiner - Ogden, Utah Originally published August 3, 2012 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY — Utah has been ordered to pay $5.7 million for its takeover of the assets held by a polygamous sect on the Utah-Arizona border. The Utah Supreme Court ruled Friday that the money is owed to court-appointed accountants overseeing a takeover engineered by Utah Attorney General Mark Shurtleff, who tried to delay paying until the sale of the sect's assets brought some cash. The ruling complicated a 2005 takeover that was troubled almost from the start, leaving the state with a bill it did not expect. "Nobody has $5.7 million sitting around," Shurtleff said Friday, adding that it may take an emergency legislative session to produce the money. Shurtleff plans to hand the bill to the Utah Legislature for payment. He said he was under a lower-court deadline to pay the bill by earlier this week, but it could take months longer. Lawsuits against the state's intervention and a federal court ruling have frozen many of the assets of the Fundamentalist Church of Jesus Christ of Latter-Day Saints, including homes and a farm. Residents of the twin towns of Hildale, Utah, and Colorado City, Ariz., would be required to pay for their homes, which have been held as communal property, under any asset sale. | ||||||||||||||||||||||||||||||||||||||
| Court Orders State To Pay Millions | ||||||||||||||||||||||||||||||||||||||
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By Brian Mullahy 2News - KUTV Originally broadcast Friday, August 3 2012 | ||||||||||||||||||||||||||||||||||||||
| (KUTV) A legal fight surrounding the polygamous communities of Hildale-Colorado City ended Friday morning. Bottom line--Utah taxpayers are on the hook for more than $5 million to administer a trust there. "I'm disappointed," said Utah Attorney General Mark Shurtleff. "I didn't think taxpayers should be the bank." The trust, which controls property in the cities, was once run by FLDS polygamous strongman Warren Jeffs, now a convicted felon serving time in prison. Jeffs was widely known to separate families, and kick some people out of homes, under the trust umbrella. To stop it, Shurtleff convinced a court to wrest control of the trust, and put in the hands of CPA Bruce Wisan. Wisan moved to sell some of the property to put the trust on better footing, and to pay his firm. FLDS devotees took legal action to block the sales--and Wisan turned to the state for money. In ruling the state must pay Wisan, the Utah Supreme Court noted "this case has been unusual from the outset. "The UEP Trust, valued at $100 million, is worth more than ten times the Special Fiduciary's accumulated unpaid fees," wrote the court. "Both of the award of fees and the amount of the award were just and equitable." See photo | ||||||||||||||||||||||||||||||||||||||
| A.G. must pay $5.7M to FLDS trust managers, high court rules | ||||||||||||||||||||||||||||||||||||||
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By Emiley Morgan Deseret News Originally published Friday, Aug. 3 2012 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY — The Utah Supreme Court ruled Friday that the Utah Attorney General's Office must pay the $5.7 million owed those managing a Utah-based polygamist sect's trust. A special session of the Utah Legislature may have to be called in order to secure the funds. In a unanimous decision written by Justice Christine Durham, the state's high court upheld an earlier ruling requiring the state pay the fees for those overseeing the Fundamental LDS Church's United Effort Plan trust until the trust's assets can be freed to pay for itself. The United Effort Plan was created by the FLDS Church in 1942 on the concept of a "united order," allowing followers to share in its assets. Utah's state courts seized control of the FLDS trust in 2005, amid allegations of mismanagement by church leaders. Valued at more than $110 million, the trust holds most of the property and homes in the twin border towns of Hildale, Utah, and Colorado City, Ariz. The church also holds property in Bountiful, British Columbia, and Eldorado, Texas. Members consider sharing its assets a religious principle and see state intervention in the trust as a violation of their religious rights. They have long been challenging the state takeover of the trust in both state and federal courts, where there have been different, conflicting rulings, leading the 10th Circuit Court of Appeals to take the case and issue an injunction to freeze all assets until the matter is resolved. Read more | ||||||||||||||||||||||||||||||||||||||
| Head of Polygamist Trust Can Get $5M From Utah | ||||||||||||||||||||||||||||||||||||||
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By TIM HULL Courthouse News Service - Pasadena, California Originally published Thursday, August 09, 2012 | ||||||||||||||||||||||||||||||||||||||
| (CN) - Utah officials owe more than $5 million to the administrator of a polygamist sect's $110 million trust, the proceeds of which have been tied up in a court battle for several years, the state Supreme Court ruled. Residents of Colorado City, Ariz., and Hildale, Utah - most of whom are members of the Fundamentalist Church of Jesus Christ of Latter-day Saints - have been fighting for control of the United Effort Plan Trust since 2008. The trust owns nearly all of the property in the twin towns along the Arizona-Utah border. Utah took over the trust in 2005 as underage rape charges swirled around the group's leader, Warren Jeffs, who still supposedly controls church from the Texas prison where he is serving a life sentence. A probate court tapped accountant Bruce Wisan to administer the trust on behalf of the towns' residents, but a breakaway group calling itself the FLDS Association stopped making regular occupancy-fee payments to the trust. When Wisan proposed selling trust properties to pay administration and legal costs, this association filed suit. Last year, Wisan asked the state to make an interim payment of about $5.5 million, which the trust would pay back after all the legal wrangling ended. Utah's attorney general opposed the idea, but the probate court approved the payment in February finding the state's objections "broad-based and often vague." The Utah Supreme Court affirmed last week, finding no abuse of discretion "under the highly unusual circumstances surrounding the UEP Trust." Read more | ||||||||||||||||||||||||||||||||||||||
| Court Says Utah Must Pay Millions to Polygamist Trust Fund | ||||||||||||||||||||||||||||||||||||||
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By Noel Brinkerhoff News AllGov - Los Angeles, California Originally published Sunday, August 12, 2012 | ||||||||||||||||||||||||||||||||||||||
| The state of Utah is on the hook to pay more than $5 million to those running a multi-million dollar trust for polygamists. Members of the Fundamentalist Church of Jesus Christ of Latter-day Saints lost control of their $110 million trust to the state of Utah in 2005 after the group's leader, Warren Jeffs, was accused of raping underage girls. (Jeffs is now serving a life sentence.) Accountant Bruce Wisan was then appointed by a probate court to administer the group's United Effort Plan Trust. But Wisan and others working for him have gone unpaid ever since, while members of the sect have fought in court to regain control of their trust fund. Wisan threatened to sell trust properties in order to get paid, prompting the sect to file a lawsuit. The matter eventually wound up before the Utah Supreme Court, which ruled Utah officials must pay the $5.7 million owed to the administrator. The payment issue is complicated by the fact that it might have been unconstitutional for Utah to take over the trust in the first place, and that the trust will eventually have to reimburse the state for its court-appointed administrators. In the meantime, the Utah legislature will have to appropriate the funds, which may require a special legislative session. See photo | ||||||||||||||||||||||||||||||||||||||
| Utah Supreme court deals polygamist sect setback | ||||||||||||||||||||||||||||||||||||||
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Paul Foy Associated Press The Spectrum Originally published October 2, 2012 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY — For a second time, the Utah Supreme Court ruled Tuesday that a polygamist sect waited too long to challenge a court-ordered takeover of its community finances. State lawyers have long maintained that the Fundamentalist Church of Jesus of Latter-Day Saints lost its opportunity by taking no action for years after it lost control of the property trust in 2005. The trust owns most of the homes, businesses and other assets in Hildale, Utah, and Colorado City, Ariz. Tuesday's decision could help settle conflicting decisions by state and federal judges over whether Utah had the power to seize the trust, lawyers on both sides said. Utah Solicitor General Bridget K. Romano called the dispute a "many-headed beast in many jurisdictions." "We're pleased by this ruling," Romano said. "This is a decision we've been waiting for because of its importance. It gives needed direction to the federal court system." U.S. District Judge Dee Benson ordered Utah last year to hand the trust back to the church in a ruling that held the seizure violated its constitutional rights. Utah appealed Benson's order to the 10th Circuit U.S. Court of Appeals in Denver. The appeals court paused to consider a previous decision by the Utah Supreme Court, which had held the church had waited too long — until 2009 — to challenge the 2005 takeover. Read more | ||||||||||||||||||||||||||||||||||||||
| Utah Supreme Court sides with state in FLDS land war | ||||||||||||||||||||||||||||||||||||||
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by Ben Winslow Fox 13 News Originally published October 2, 2012 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY — The Utah Supreme Court has sided with the state in a years-long land feud with members of Warren Jeffs' Fundamentalist LDS Church. In a ruling issued Tuesday morning, the state's top court essentially said FLDS faithful had waited too long to challenge the state's takeover of the United Effort Plan Trust back in 2005. "The FLDSA's arguments to the contrary smack of sour grapes," the justices wrote in their opinion. The justices did not say whether or not the government takeover was legal. That matter is before a federal appeals court. In 2005, a Utah court took control over the UEP Trust amid allegations that Warren Jeffs and other FLDS leaders mismanaged it. The UEP controls homes and land within the polygamous border towns of Hildale, Utah and Colorado City, Ariz. It has an estimated value of more than $110 million. For years, FLDS members refused to cooperate with legal proceedings over the UEP Trust, following an edict from Jeffs to "answer them nothing." The state is seeking to subdivide the property in the community, breaking apart the trust. FLDS members believe the property must be consecrated to God. See photo | ||||||||||||||||||||||||||||||||||||||
| Read the Utah Supreme Court's Opinion of the Court decision that the FLDS waited too long to challenge the state's takeover of the United Effort Plan Trust, dated October 2, 2012 | ||||||||||||||||||||||||||||||||||||||
| Fundamentalist Mormons lose Utah property case | ||||||||||||||||||||||||||||||||||||||
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Reuters Times LIVE - Johannesburg, South Africa Originally published 03 October, 2012 | ||||||||||||||||||||||||||||||||||||||
| Utah has refused to allow the church headed by convicted child rapist Warren Jeffs to challenge state control of the communal land trust he once ran. The decision by Utah's Supreme Court upholds its own 2010 ruling that the three years the Fundamentalist Church of Jesus Christ of Latter-day Saints waited to challenge the state takeover was too long. It also bars the case from being heard by other state judges. The ruling could help determine the outcome of a separate federal lawsuit on whether the sect, which has been condemned by the mainstream Mormon church, can regain control of its land and homes. That case was on hold before the 10th Circuit Court of Appeals in Denver pending Tuesday's decision. Utah's courts seized the trust in 2005 amid allegations that Jeffs and other FLDS leaders had mismanaged its assets. Valued at more than $114 million, the trust holds most of the property in the twin border towns of Colorado City, Arizona, and Hildale, Utah, where most sect members have traditionally lived. "We're going to a meeting with FLDS community leaders and see where to go next," FLDS attorney Rod Parker told Reuters. "I think one of the big issues here is that the ruling is about whether the FLDS can raise their claims in another state court, but we're not in state court anymore. We're in federal court and the standards are different." The Utah-based sect practices polygamy and has an estimated 10000 followers in North America. Read more | ||||||||||||||||||||||||||||||||||||||
| Polygamist sect's trust | ||||||||||||||||||||||||||||||||||||||
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Opinion The Spectrum Originally published October 4, 2012 | ||||||||||||||||||||||||||||||||||||||
| The Utah Supreme Court ruled earlier this week that the polygamist sect based in Hildale, Utah, and Colorado City, Ariz., waited too long to try to regain control of a trust that owns the majority of homes, businesses and other assets in the border towns. The ruling was a victory — at least for now — for the state of Utah, which seized control of the trust in 2005 amid fears of fraud and potential mismanagement of funds within the United Effort Plan, the formal name of the trust. A similar legal action about the trust is before the U.S. Court of Appeal's 10th Circuit. And the federal court could rule differently. But for now, the trust remains under the control of the state. The reason stated in the court ruling may be technical in nature — the citation that the Fundamentalist Church of Jesus Christ of Latter Day Saints waited until 2009, too long under state law, to challenge the takeover. But the reason for the takeover was solid then and remains solid now. In those days, the prosecutors were building a criminal case against FLDS leader Warren Jeffs related to alleged arranged marriages between adults and young girls. The state feared the money would be used inappropriately, so it stepped in. The state's fears were realized, at least in part, when Jeffs disappeared and fled prosecution. He eventually ended up on the FBI's top 10 most-wanted list before being found during a traffic stop near Las Vegas. Read more | ||||||||||||||||||||||||||||||||||||||
| Shurtleff To Appear In Court Over FLDS Land Dispute | ||||||||||||||||||||||||||||||||||||||
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KUTV 2News Originally published Tuesday, October 23 2012 | ||||||||||||||||||||||||||||||||||||||
| (KUTV) Utah taxpayers have been told to foot the bill in a polygamous land dispute – and now Attorney General Mark Shurtleff is being ordered to court. A judge has ordered taxpayers to loan a court appointed trustee almost $6-million after FLDS land was seized in 2010. Shurtleff said he's fighting so taxpayers won't have to pay, and now he's ordered to appear in court over why that bill hasn't been paid. A hearing is set for November 2nd. See photo | ||||||||||||||||||||||||||||||||||||||
| Shurtleff ordered to explain takeover of polygamist sect | ||||||||||||||||||||||||||||||||||||||
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By Contributed The Associated Press Standard-Examiner - Ogden, Utah Originally published Fri, 11/02/2012 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY — A state judge is ordering Utah Attorney General Mark Shurtleff to explain why he is refusing to pay $5.7 million in debt incurred by managers of a communal land trust once run by jailed polygamist sect leader Warren Jeffs. Shurtleff was scheduled to appear before Fourth District Judge Denise Lindberg Friday morning. Utah seized control of the $114 million trust in 2005 amid allegations of mismanagement by Jeffs and other leaders of the Fundamentalist Church of Jesus Christ of Latter-Day Saints — a move backed by the Arizona Attorney General's Office. The trust holds the land and homes of FLDS members in the twin towns of Hildale, Utah, and Colorado City, Ariz., and in Bountiful, British Columbia. Salt Lake City accountant Bruce Wisan, his attorneys and other firms were hired to assist with management of the trust. Wisan was to be paid from the sale of trust assets, but a string of pending lawsuits has frozen many of those assets. No trust bills have been paid since 2008. In February, 3rd District Court Judge Denise Lindberg ordered the state to pay the bills within 90 days. Shurtleff appealed that ruling to the state Supreme Court, arguing that no Utah court could order a state agency to pay a bill that was supposed to be satisfied another way. The court rejected that argument in August. See photo | ||||||||||||||||||||||||||||||||||||||
| Utah's Attorney General in court over FLDS trust | ||||||||||||||||||||||||||||||||||||||
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By: Steve Goldstein 91.5 KJZZ News - Phoenix, Arizona Originally broadcast November 2, 2012 | ||||||||||||||||||||||||||||||||||||||
| Utah's Attorney General is in court this morning to explain why he is refusing to pay five point seven million dollars in debt incurred by managers of a communal land trust once run by a jailed polygamist sect leader. From Phoenix, KJZZ's Steve Goldstein has more. Utah seized control of the trust in 2005 amid allegations of mismanagement by Warren Jeffs and other leaders of the Fundamentalist Church of Jesus Christ of Latter-Day Saints. The Utah Supreme Court ruled the state must pay the court-appointed accountant overseeing the takeover. Attorney General Mark Shurtleff says the state doesn't have the money and that the fees were supposed to be paid out of the sale of FLDS real-estate assets. A string of pending lawsuits has frozen many of those assets. Shurtleff is appearing before Fourth District Judge Denise Lindberg this morning. | ||||||||||||||||||||||||||||||||||||||
| Utah Attorney General Mark Shurtleff tells judge he can't pay FLDS judgment | ||||||||||||||||||||||||||||||||||||||
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By Paul Foy Associated Press Deseret News Originally published Friday, Nov. 2, 2012 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY — Utah Attorney General Mark Shurtleff was put under oath Friday and ordered to explain why he is refusing to pay $5.6 million owed to managers appointed by a court to break up a polygamist community. Shurtleff and the judge described the moment as extraordinary — lawyers are seldom forced to testify under oath. The state's top lawman took the witness stand over his objections, underscoring a simmering separation-of-powers dispute. State attorneys argued that no state court can force elected officials to pay any money, but the Utah Supreme Court upheld the judgment in August. Third District Judge Denise Lindberg could have thrown Shurtleff in jail for refusing to pay the bill by a deadline months ago. It didn't get that far Friday, but Shurtleff was "worried she may decide to put me in jail. I'm glad that didn't happen." Shurtleff seemed visibly angry but held his composure on the witness stand. He argued that his agency doesn't have $5.6 million and that it would take months to get the money from legislators, who aren't certain they want to pay. "Everyone associated with this has egg on their face," said Rep. Brian King, D-Salt Lake City, who sits on the Legislature's budgeting-writing committee. "The big question is how much if any of the money will be appropriated by the Legislature. I have no idea." Read more | ||||||||||||||||||||||||||||||||||||||
| Utah AG grilled over unpaid FLDS land bills | ||||||||||||||||||||||||||||||||||||||
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by Ben Winslow Fox 13 News KSTU TV Originally broadcast November 2, 2012 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY — In a rare move, Utah Attorney General Mark Shurtleff was put on the witness stand to testify about why his office hasn't paid a $5.6 million bill in the long-running legal feud over land in the polygamous border towns of Hildale and Colorado City. "To be put on the stand, under oath, and questioned... it was extraordinary," Shurtleff told reporters outside of court. Third District Court Judge Denise Lindberg at times sparred and pleaded with Utah's top law enforcement official over the unpaid bill for costs and attorney's fees to oversee the Fundamentalist LDS Church's United Effort Plan Trust. Shurtleff simply responded that he doesn't have the money, and said state lawmakers were reluctant to cough up nearly $6 million. "I have tried," he told the judge. The UEP controls most of the land in Hildale, Utah, and Colorado City, Ariz., the home of thousands of people who are members of the FLDS Church, led by imprisoned polygamist leader Warren Jeffs. Shurtleff's office urged the courts to take control of the UEP in 2005, amid allegations that Jeffs and other FLDS leaders mismanaged it. Since then, it has become mired in legal battles and bills. The Utah Supreme Court recently upheld an order that the attorney general's office pay the bills. "The big question is how much, if any money, would be allocated by the legislature," said Rep. Brian King, D-Salt Lake City. "That decision will be made going through the regular legislative process." Read more | ||||||||||||||||||||||||||||||||||||||
| Read the Federal Tenth Circuit Court of Appeals' Order to Vacate Federal Judge Dee Benson's order in the Utah Third District Court granting preliminary injunction and REMAND with directions to dismiss the claims filed by the FLDS Association as barred by res judicata - i.e. the FLDS waited too long to challenge the state's takeover of the United Effort Plan Trust - filed November 5, 2012. | ||||||||||||||||||||||||||||||||||||||
| Utah can keep control of polygamous sect's land: federal court | ||||||||||||||||||||||||||||||||||||||
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By Jennifer Dobner Reuters Originally published Mon Nov 5, 2012 | ||||||||||||||||||||||||||||||||||||||
| (Reuters) - A communal land trust once run by jailed U.S. polygamist leader Warren Jeffs should not be turned back to leaders of his breakaway Mormon sect because they were too late filing a legal challenge against Utah's takeover of the assets, a federal appeals court ruled on Monday. The decision by a three-judge panel on the 10th Circuit Court of Appeals in Denver could help bring an end to a years-long battle for control of the land and homes of Jeffs followers in the Fundamentalist Church of Jesus Christ of Latter Day Saints. The trust is valued at $114 million and was seized by Utah's courts in 2005 amid allegations that Jeffs and other sect leaders had mismanaged its assets. Sect members sued in 2008 to regain control of the land, claiming the takeover violated the constitutional guarantee of separation of church and state. In reversing a 2011 finding by a Salt Lake City federal judge, the panel said the judge should never have heard the case nor issued an injunction to stop the state from conducting trust business because the timing of the sect's challenge to state control of the trust precluded it from pursuing a federal suit. U.S. District Court Judge Dee Benson had said in her earlier ruling that the state had violated the sect's constitutional rights and wrongly carved its religious principles out of the legal documents that form the trust. "We conclude that the district court erred," the panel said its ruling on Monday, noting that the decision followed specific input the judges sought from Utah's Supreme Court about the timely filing of legal challenges under state law. The ruling sends the case back to Benson for dismissal. Read more | ||||||||||||||||||||||||||||||||||||||
| Appeals court upholds sale of FLDS assets, overturns federal ruling | ||||||||||||||||||||||||||||||||||||||
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By John Hollenhorst and Emiley Morgan Deseret News Originally published Monday, Nov. 5 2012 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY — Nearly two years ago, a federal judge determined the state seizure of assets belonging to a Utah-based polygamous sect was not only unconstitutional, but a "virtual takeover." But Monday, the 10th Circuit Court of Appeals in Denver ruled that U.S. District Judge Dee Benson really shouldn't have looked at the case involving the Fundamentalist LDS Church Association at all. The Utah Supreme Court had previously ruled that the FLDS waited too long to take legal action. Because of that, the appellate court ruled Monday that the FLDS Association "is precluded from pursuing its claims in federal court." The ruling clears the way for state authorities to break up the trust and sell vacant land, and sell or distribute homes and businesses in the border towns of Hildale, Utah, and Colorado City, Ariz. Officials hope to distribute the assets to residents without considering their religious affiliation. Mary Beck Briscoe, chief judge of the 10th Circuit, sent the case back to Benson with instructions to vacate a preliminary injunction that would have returned the trust to the FLDS and dismiss the claim regarding the trust altogether. The ruling ends a deadlock between state and federal courts, allows state-appointed special fiduciary Bruce Wisan to again administer the trust and frees up assets that could pay Wisan — who is owed more than $5.6 million — and others charged with administering the trust. "It's been very frustrating and this will relieve a lot of the frustration," Wisan said of the ruling Monday. Read more | ||||||||||||||||||||||||||||||||||||||
| Polygamist Trust Stays Under State Control | ||||||||||||||||||||||||||||||||||||||
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By Ladd Egan KUTV 2News Originally broadcast November 5, 2012 | ||||||||||||||||||||||||||||||||||||||
| (KUTV) The lengthy legal battle over property owned by Warren Jeffs' polygamous group appears to be coming to an end. A federal appeals court ruled on Monday that the property trust belonging to the Fundamentalist Church of Jesus Christ of Latter-Day Saints will stay under the control of the state. The 10th Circuit Court of Appeals in Denver decided that the nearly three years the FLDS Church waited to legally object to the takeover was too long. In 2005, Utah took control of United Effort Plan Trust alleging it was being mismanaged and also being used to support Jeffs' criminal acts. The communal property UEP trust was created in 1942 and is estimated to have upwards of $114 million in assets. The UEP owns houses, businesses and land in the twin polygamous towns of Colorado City, Ariz., and Hildale, Utah and also in British Columbia. The plan under the court-ordered assumption of the trust was to liquidate and redistribute assets to the residents. But the situation soon became mired in confusing disputes as to who owned the rights to homes and farmland. Attorneys for the FLDS Church also filed a lawsuit claiming the state's actions violated its members' constitutional rights. In its ruling, the 10th Circuit's panel of three judges did not address the constitutionality of the takeover, but reaffirmed a previous ruling by the Utah Supreme Court that the church took too much time to challenge the takeover. The 10th Circuit's decision also throws out a ruling by U.S. District Judge Dee Benson which said the state had violated the church's constitutional rights and ordered the trust returned. Read more | ||||||||||||||||||||||||||||||||||||||
| FLDS church assets to be sold | ||||||||||||||||||||||||||||||||||||||
| Sect waited too long to challenge | ||||||||||||||||||||||||||||||||||||||
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By Paul Foy Associated Press San Angelo Standard-Times Originally published November 5, 2012 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY — A federal appeals court ruled Monday that a polygamist sect on the Utah-Arizona border waited too long to challenge a court-ordered takeover, clearing the way for state authorities to break up a church trust and sell assets including homes, businesses and farms in two small towns. A three-judge panel of the 10th U.S. Circuit Court of Appeals overturned a federal judge in Salt Lake City, who ruled nearly two years ago that Utah's takeover violated the constitutional rights of the Fundamentalist Church of Jesus Christ of Latter-Day Saints. U.S. District Judge Dee Benson's decision had frozen the sale of church assets in Hildale, Utah, and Colorado City, Ariz., and put Utah's takeover in limbo. Utah seized control of the community trust in 2005 amid allegations of mismanagement by church officials, including now-jailed polygamist sect leader Warren Jeffs. The appeals court panel didn't rule on the constitutionality issue. Instead, it determined the FLDS waited too long — nearly three years — to take legal action. The FLDS sued the attorneys general of Utah and Arizona, along with the Utah district judge overseeing the takeover and the fiduciary appointed to break up the church trust, Bruce Wisan. The first lawsuit was filed in state courts in 2008, but as the church waited for a decision it took a similar case to federal court. Read more | ||||||||||||||||||||||||||||||||||||||
| Control of Polygamists' Land Belongs to Utah | ||||||||||||||||||||||||||||||||||||||
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By JONNY BONNER Courthouse News Service - Pasadena, California Originally published Wednesday, November 07, 2012 | ||||||||||||||||||||||||||||||||||||||
| (CN) - A polygamist sect cannot regain control of a $110 million trust, the 10th Circuit ruled, finding that the property should remain under the control of Utah. Utah took over the trust, formally know as the United Effort Plan, in 2005 amid underage rape charges against the sect's now incarcerated leader, Warren Jeffs. Members of the Fundamentalist Church of Jesus Christ of Latter-day Saints began fighting for the trust - which includes more than 700 houses, farms, dairies and other businesses in Hildale, Utah, and Colorado City, Ariz. - in 2008. With the battle playing out in both federal and state jurisdictions, the Utah Supreme Court sided with the state in 2010. In Fundamentalist Church of Jesus Christ of Latter-day Saints v. Lindberg, the court said that the sect's three-year delay to fight for control of the trust had violated the doctrine of laches. Months later, U.S. District Judge Dee Benson found that Utah had assumed control of the trust in violation of the constitutional separation of church and state. The 10th Circuit quickly suspended and stayed Benson's order, and certified a question to the Utah Supreme Court about whether its 2010 decision had a preclusive effect on the federal case. After receiving an answer to that question, the Denver-based federal appeals court decided Monday that the doctrine of res judicata bars the Mormons' federal claims. Read more | ||||||||||||||||||||||||||||||||||||||
| Attorney General Horne Victorious In Court Action Over Control Of Colorado City Finances | ||||||||||||||||||||||||||||||||||||||
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Written by Yuma News Now - Yuma, Arizona Originally published Thursday, 08 November 2012 | ||||||||||||||||||||||||||||||||||||||
| Colorado City, Arizona - Arizona Attorney General Tom Horne received a substantial victory from a federal appeals court in his fight to prevent the Fundamentalist Church of Jesus Christ of Latter-Day Saints from recapturing control of assets worth more than $100 million. In 2005, Utah brought an action and Arizona later intervened in support, to protect participants in a charitable trust known as the United Effort Plan Trust, which holds title to almost all land and homes in Colorado City, Arizona and Hildale, Utah. The participants were threatened by the reckless conduct of then-trustees, who had refused, at the direction of FLDS leader Warren Jeff's, to answer or defend a pair of lawsuits against Jeff's and the trust for fraud and child abuse. A Utah state court removed the trustees and appointed a Special Fiduciary to manage and administer the Trust. It is well known, the older males maintain harems, and over 1000 young males have been expelled from the town so the older men will not have competition for the young women. The FLDS is a polygamist sect whose leaders, including Warren Jeff's, have long directed and facilitated a climate of intolerance against non-believers in Colorado City, Arizona and otherwise encouraged their followers to disregard the rule of law. Read more | ||||||||||||||||||||||||||||||||||||||
| Businesses mysteriously close in FLDS towns | ||||||||||||||||||||||||||||||||||||||
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by Ben Winslow Fox 13 News KSTU TV Originally published November 16, 2012 | ||||||||||||||||||||||||||||||||||||||
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HILDALE, Utah — This town's only grocery store and a hardware store have abruptly closed, leaving many wondering if it was under orders of imprisoned polygamist leader Warren Jeffs. Photographs provided to FOX 13 show the town's grocery store being cleaned out in the middle of the night. By Friday morning, the windows were papered over and a sign simply read: "Thanks for your patronage!" Locals in the towns said a hardware store, a Radio Shack and a restaurant had also been closed. "They would never do something like that without Warren ordering it," said Isaac Wyler, an ex-FLDS member who lives in Hildale. "The priesthood heirarchy chain of command is in on something big like that." Others tell FOX 13 the move may be related to a recent court ruling affirming state control over the FLDS towns' land. In 2005, a judge in Utah's 3rd District Court took control of the United Effort Plan (UEP) Trust amid allegations that Warren Jeffs and other top FLDS leaders mismanaged it. The UEP Trust controls the majority of the land in the towns. It underwent a series of reforms and lawsuits over those reforms. Mired in debt, a plan is being pushed to subdivide and sell the land to pay accountant and attorney's fees. The plan has upset FLDS faithful, who filed legal challenges claiming their religion calls for their property must be consecrated to God. Jeffs is currently serving a life sentence in a Texas prison for child sex assault, stemming from underage marriages.
Tune to FOX 13 News at 5 for more on this developing story... See photo | ||||||||||||||||||||||||||||||||||||||
| AG Meeting About FLDS, Searching For Solutions | ||||||||||||||||||||||||||||||||||||||
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By Rod Decker KUTV 2News Originally broadcast Tuesday, November 20, 2012 | ||||||||||||||||||||||||||||||||||||||
| (KUTV) Mark Shurtleff will make one last attempt to solve what may be the chief unfinished business of his career as attorney general – the seemingly endless fight over Polygamous lands and homes seized by the State of Utah in the Hildale-Colorado city. Courts, including Utah's Supreme Court, ruled that Warren Jeff's wouldn't come to court and therefore the FLDS aren't protected by the constitution. They lost all their land and homes and have never gotten a trial. Shurtleff says now, none of the property should go back to the FLDS church, rather all the property should go to the individuals. The state will make the FLDS pay $6-million or so for costs of administering the land it seized from them. Even though it has been harder than he thought, Shurtleff says the fight was worth it. "We have stopped child-bride marriage in Utah." | ||||||||||||||||||||||||||||||||||||||
| Utah AG sets community meeting re United Effort Plan Trust; Hildale, Colorado City | ||||||||||||||||||||||||||||||||||||||
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Nation/World, News, State Dixie Press Online St. George News Originally published November 23, 2012 | ||||||||||||||||||||||||||||||||||||||
| COLORADO CITY, Ariz. - Utah Attorney General Mark Shurtleff said he hopes an upcoming community meeting will help set the course on what should happen next for the United Effort Plan Trust, which controls most of the homes, businesses and property in the towns of Hildale, Utah and Colorado City, Ariz. The state took over the trust in 2005, after the Attorney General's Office brought legal action to protect beneficiaries from several lawsuits. Earlier this month, the 10th Circuit Court ended years of legal disputes over the state's control of the trust. The meeting will be held Nov. 30 at the El Capitan Public School in Colorado City. The Utah Attorney General's Office has invited representatives from the Arizona Attorney General's Office, Special Fiduciary of the Trust, United States Department of Justice and community members to participate in the meeting. Audience members will be able to ask questions and make comments. "This is an opportunity for everyone who has a stake in the trust to get firsthand information and provide input," Shurtleff said. Information from the meeting will be provided to Third District Judge Denise Lindberg, who will ultimately determine the fate of the trust. A live broadcast of the meeting will also be available online. Read more | ||||||||||||||||||||||||||||||||||||||
| Jeffs reportedly tells FLDS faithful not to cooperate with the state | ||||||||||||||||||||||||||||||||||||||
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by Ben Winslow Fox 13 News KSTU TV Originally published November 26, 2012 | ||||||||||||||||||||||||||||||||||||||
| HILDALE, Utah — Polygamist leader Warren Jeffs has reportedly threatened members of his flock with excommunication if they cooperate with state officials in the ongoing feud over land in Hildale and neighboring Colorado City, Ariz. Ex-members of the FLDS Church tell FOX 13 that Jeffs recently made the edict, ahead of a town meeting over the court efforts to reform the United Effort Plan Trust. The state is trying to settle the seven-and-a-half year dispute. The state took control of the UEP, which controls most of the homes and property in Hildale and Colorado City, amid allegations that Jeffs and other FLDS leaders mismanaged it. The state is seeking to subdivide, give deeds and sell property in the towns to pay off millions in debts incurred by managing the trust. After initially refusing to cooperate with reform efforts, FLDS members lost a series of challenges claiming the court action violated their religious freedom rights. The Utah Attorney General's Office is planning a town hall meeting at El Capitan School on Friday at 6 p.m., where they will discuss the next steps. Attorney general's spokesman Paul Murphy said news of Jeffs' latest edict was "disappointing." Read more | ||||||||||||||||||||||||||||||||||||||
| Brent's blog - The future of Colorado City hangs in the balance | ||||||||||||||||||||||||||||||||||||||
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Reported by: Brent Hunsaker ABC 4 News Originally published November 27, 2012 | ||||||||||||||||||||||||||||||||||||||
| COLORADO CITY, AZ (ABC 4 News) - An important meeting over the future of the polygamous towns of Colorado City, Arizona and Hildale, Utah is coming up Friday. The Attorneys General from both Arizona and Utah will be there. Also, Bruce Wisan, the court-appointed administrator of the lands of the twin towns will be there. And everyone in the towns is invited to attend. But in all likelihood, most will stay home -- at least those who follow FLDS prophet Warren Jeffs. Why? Because Warren Jeffs, the imprisoned pedophile prophet, said so. He's told his people, "don't cooperate." Cooperation, he threatened, will bring excommunication. Oh, there will be a few people there -- mostly apostates who reject Jeffs. There are a few in the towns. And yet, even though the meeting will have a direct and dramatic bearing on their lives, Warren's people will likely be no-shows. The very people state authorities need to reach the most will stay away. So, what's the point? The meeting is Friday night at the El Capitan public school in Colorado City. We'll let you know if anyone shows up. | ||||||||||||||||||||||||||||||||||||||
| Utah AG to meet with polygamous sect leaders | ||||||||||||||||||||||||||||||||||||||
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By BRADY McCOMBS Associated Press San Francisco Chronicle Originally published Friday, November 30, 2012 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY (AP) — Utah Attorney General Mark Shurtleff plans to meet Friday night with members of a polygamous sect on the Utah-Arizona border to discuss how to deal with homes, businesses and property the state controls. Shurtleff will lay out broad-stroke options during the town-hall style meeting in Colorado City, Arizona, before seeking reaction on how to move forward from leaders, members and ex-members of the Fundamentalist Church of Jesus Christ of Latter Day Saints. The sect is a radical offshoot of mainstream Mormonism led by now-jailed Warren Jeffs, whose members believe polygamy brings exaltation in heaven. Utah took over a church trust that controls the properties in 2005 amid allegations of mismanagement by Jeffs and other church leaders. The state, which has a statutory duty to protect charitable trusts, stepped in because the trustees failed to respond to lawsuits, said Utah Attorney General spokesman Paul Murphy. A November federal appeals court ruling cleared the way for the state to break up the church trust and sell homes, businesses and farms in the two small towns. Utah Assistant Attorney General Joni Jones said her office will present several options during Friday's meeting, which could be implemented separately or in combination: Read more | ||||||||||||||||||||||||||||||||||||||
| Utah AG to discuss FLDS land feud settlement | ||||||||||||||||||||||||||||||||||||||
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by Ben Winslow Fox 13 News KSTU TV Originally published November 30, 2012 | ||||||||||||||||||||||||||||||||||||||
| COLORADO CITY, Ariz. — Utah Attorney General Mark Shurtleff will host a town hall meeting Friday to discuss how to settle the seven and a half year legal battle over control of most of the land in this border town. But he may not have the support of the thousands of members of Warren Jeffs' church. The imprisoned polygamist leader has reportedly issued another edict to FLDS faithful: "answer them nothing." It is the same edict that was given in 2005, when the courts took control of the United Effort Plan Trust over allegations that Jeffs and other Fundamentalist LDS Church leaders had mismanaged it and defaulted on civil lawsuits. At the time, Jeffs was on the FBI’s Most Wanted List and a fugitive. The UEP, with assets estimated at $110 million, controls most of the land and homes in Hildale, Utah, and Colorado City, Ariz. It is based on the early-Mormon concept of a "united order," where property is put into a common pot and then doled out according to wants and needs. Years later, FLDS members sued over the state takeover, arguing that it violated their First Amendment right to consecrate their property to their religion. But courts have ruled that the FLDS waited years too late to act, and now the property is set to be subdivided and sold off to pay off millions in debts that have racked up in administering the UEP. Read more | ||||||||||||||||||||||||||||||||||||||
| Meeting Scheduled For Polygamous Trust | ||||||||||||||||||||||||||||||||||||||
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KUTV 2News Originally published Friday, November 30 2012 | ||||||||||||||||||||||||||||||||||||||
| (KUTV) The stage is set for a meeting in the polygamous community of Colorado City Friday. Utah Attorney General Mark Shurtleff hopes to set the course on what will happen next for the United Effort Plan Trust. The state of Utah took control of the trust in 2005. Polygamists sued to get it back – but the 10th circuit court ruled in favor of the state. Friday's meeting will be held at the El Capitan School in Colorado City. The Utah Attorney General's Office has invited the Arizona Attorney General's Office, the U.S. Department of Justice, and community members to attend. | ||||||||||||||||||||||||||||||||||||||
| Utah offers ideas for sect property distribution | ||||||||||||||||||||||||||||||||||||||
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By BRADY McCOMBS Associated Press San Francisco Chronicle Originally published Friday, November 30, 2012 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY (AP) — State officials on Friday began the long-overdue process of formulating a plan to redistribute property and businesses on the Utah-Arizona border belonging to a polygamous sect led by Warren Jeffs. They discussed four options with current and former members of the Fundamentalist Church of Jesus Christ of Latter Day Saints in a town hall-style meeting, which came seven years after Utah seized control of properties in Hilldale and Colorado City, Ariz., following allegations of financial mismanagement by Jeffs and other church leaders. The Utah Attorney's General office presented four ideas: creating a board of trustees that can function with limited court involvement; dissolving the trust and letting the community decide how to redistribute the properties; dissolving the trust, auctioning off properties and giving people credits to buy them, and negotiating a new settlement. Attorney General Mark Shurtleff, who arrived late due to travel delays, called it an opportunity for members, non-members and ex-members of the FLDS church to ensure they don't come away empty handed. Utah took over a church trust that controls the properties in 2005 amid allegations of mismanagement by Jeffs and other church leaders. The state, which has a statutory duty to protect charitable trusts, stepped in because the trustees failed to respond to lawsuits, said Utah Attorney General spokesman Paul Murphy. A November federal appeals court ruling cleared the way for the state to break up the church trust and sell homes, businesses and farms in the two small towns. Read more | ||||||||||||||||||||||||||||||||||||||
| Utah Attorney General Discusses FLDS Land Dispute | ||||||||||||||||||||||||||||||||||||||
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By Ladd Egan KUTV 2News Originally broadcast Friday, November 30 2012 | ||||||||||||||||||||||||||||||||||||||
| (KUTV) Utah Attorney General Mark Shurtleff made the trip to Colorado City Friday to tell the community that he wants a solution – and soon. Shurtleff says he never meant for his takeover of the polygamous trust to turn into a nearly seven year battle. Informal voting from crowd about FLDS Trust gets no votes for liquidating trust. Distributing assets gets most support. About 200 people packed the El Capitan School auditorium with one thing in mind: their property. Most have their homes, farms, and businesses tied up in the FLDS Church United Effort Plan Property Trust. The UEP contains more than $100-million in assets at the Utah-Arizona border. The trust has been frozen since 2005 when the state took it over – and now Utah must decide what to do with it. Utah officials presented 4 options: letting the trust continue with new leadership or dissolving the trust by distributing or liquidating assets, or come to a completely new agreement which could include a combination of the first three options. During an informal vote, not one person voted for liquidation. Most favored distributing the trust. Utah Attorney General Mark Shurtleff wants residents to benefit from the trust, but also needs proceeds to pay back the nearly $6-million in debt racked up while managing the trust. Shurtleff also made a plea to the audience about those still under Warren Jeff's rule. | ||||||||||||||||||||||||||||||||||||||
| FLDS trust worth $100 to $150 million up for grabs | ||||||||||||||||||||||||||||||||||||||
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Reported by: Noah Bond ABC 4 News Originally published November 30, 2012 | ||||||||||||||||||||||||||||||||||||||
| HILDALE, Utah and COLORADO CITY, Arizona (ABC 4 News) - Talks are underway in Colorado City, Arizona about who should control the more than $100 million in assets built up by the Fundamentalists Church of Jesus Christ of Latter-day Saints. It's called the United Effort Plan and was launched 70 years ago to unite the sects wealth. FLDS Leader Warren Jeffs was in control of the trust, otherwise known as the United Effort Plan or UEP, until 2005 when Utah State courts took ownership of the assets to protect its beneficiaries. Jeffs fired all of his attorneys and he was unable to defend the multiple lawsuits filed against the trust. There are 27 suits filed against the trust now. Attorneys General for Utah and Arizona held a public meeting Nov,. 30 to discuss the future of the trust. Everyone with a stake in the money and/or assets was invited to the meeting, but not one of Jeff's faithful followers were in attendance. He threatened to punish them, according to William Jessop who is a former leader and spokesman for the FLDS Church. Jessop said Jeffs threatened to break up the family of any man or woman who attended the meeting. The fate of this polygamist community is uncertain. It sits on the Utah Arizona boarder about 40 miles east of St. George. Hildale, Utah and Colorado City, Arizona are one FLDS community. Almost all of the 8,000 people who call the rural area home believe Jeffs speaks the mind and will of God and this is where things get tricky. Their prophet is serving a life plus 20 year sentence in prison for having sex with multiple underage girls. Read more | ||||||||||||||||||||||||||||||||||||||
| Shurtleff holds open meeting about future of FLDS trust | ||||||||||||||||||||||||||||||||||||||
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By Alex Cabrero KSL 5 TV Originally broadcast November 30th, 2012 | ||||||||||||||||||||||||||||||||||||||
| COLORADO CITY — After seven years, Utah Attorney General Mark Shurtleff says it is time to resolve the issues surrounding the state's management of the Fundamentalist LDS Church's United Effort Plan Trust. Friday, a community meeting was held by the Attorney General's Office to discuss the future of the trust and its management. The United Effort Plan was created by the FLDS Church in 1942 on the concept of a "united order." It required that all assets of church members be managed by the church — properties, homes and businesses included. When affairs in the towns of Hildale, Utah and Colorado City, Arizona became tense in 2005, Utah seized control of the trust in order to protect beneficiaries. Shurtleff said that state control of the trust should never have lasted seven years and held Friday's meeting to discuss options. "This is a chance to get your home, to get your deed," said attorney and ex-FLDS member Roger Hoole. "You don't have to change your religious beliefs to do that. This is a chance." The option that seemed to be the most favorable among community members involved dissolving the trust, then distributing the assets of that trust to residents. Another option is continuing the trust without state intervention or negotiate a whole new agreement. Read more | ||||||||||||||||||||||||||||||||||||||
| Ex-FLDS member wins land case | ||||||||||||||||||||||||||||||||||||||
| Judge dismisses church members' counterclaim | ||||||||||||||||||||||||||||||||||||||
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Written by Kevin Jenkins The Spectrum Originally published January 29, 2013 | ||||||||||||||||||||||||||||||||||||||
| ST. GEORGE — A Hildale resident exiled a decade ago from the polygamous Fundamentalist Church of Jesus Christ of Latter Day Saints received court approval Tuesday to occupy land he had donated to the church and later bought back following his ouster. Judge John Walton's ruling ends a years-long effort by former-FLDS member Richard Holm to establish a business on the Hildale property despite counterclaims by FLDS members that the property is theirs under agreements with former officers of the United Effort Plan trust, which administers "consecrated" donations to the church. In a similar court ruling Tuesday, the Utah Supreme Court rejected an appeal by five men trying to block the sale of the UEP's Berry Knoll Farm, located in the Centennial Park area. The justices ruled in that case that the men – FLDS or former FLDS members – don't have legal standing to intervene in the case. Holm's struggle to occupy property in Hildale began in 2003, when he was told to leave the FLDS church headquartered in the stateline community that borders Arizona's Colorado City. The eviction meant Holm also had to leave 520 acres he had turned over to UEP ownership, but he repurchased parcels of land from the UEP trust after the UEP was taken over by the state of Utah in 2005. The FLDS church and Hildale city representatives have described property owned by the UEP to be one large religiously owned parcel. But special fiduciary Bruce Wisan, the court-appointed director of the UEP's financial interests under state ownership, has sought to subdivide the UEP holdings so that they can be occupied by trust beneficiaries and taxed as individual residences. Read more | ||||||||||||||||||||||||||||||||||||||
| Utah Supreme Court ruling clears way for state to sell FLDS property | ||||||||||||||||||||||||||||||||||||||
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The Associated Press Deseret News Originally published Tuesday, Jan. 29 2013 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY — The Utah Supreme Court cleared the way Tuesday for the state to break up a polygamous sect's real-estate holdings by selling homes, businesses and farms on the Utah-Arizona border. Justices rejected an appeal Tuesday from five men trying to block the sale of Berry Knoll Farm, which is owned by the Fundamentalist LDS Church. Justices ruled that the men — church bishops and members or now ex-members — have no standing to challenge the sale because they don't own the farm individually. The Utah Supreme Court previously ruled the FLDS Church couldn't stop a takeover that aims to sell or redistribute an estimated $100 million in assets held by the church under a charitable trust. The latest ruling takes real estate in Hildale, Utah, and Colorado City, Ariz., one step closer to a sale. Utah seized control of the community trust in 2005 amid allegations of mismanagement by church officials, including now-jailed polygamist sect leader Warren Jeffs. Church members are allowed to live and work on trust property, but some have lost everything in periodic purges orchestrated by Jeffs, who is serving a life sentence in Texas for sexually assaulting two underage girls he took as brides. Bruce Wisan, the court-appointed trust manager, told The Associated Press he wasn't ready to submit a plan for the sale of assets to a 3rd District Court judge for approval. Wisan said he planned to sell Berry Knoll Farm years ago to an interested buyer to raise cash for administrative expenses but was blocked by litigation. Read more | ||||||||||||||||||||||||||||||||||||||
| Polygamous Properties Owe Millions In Back Taxes | ||||||||||||||||||||||||||||||||||||||
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By Ladd Egan KUTV 2News Originally broadcast Tuesday, February 5 2013 | ||||||||||||||||||||||||||||||||||||||
| (KUTV) Years of legal battles over a large polygamous property trust have counties on the Utah/Arizona border helpless to collect back property taxes until the trust is dissolved. "I think it's too convoluted at this point," said David Whitehead, treasurer for Washington County, Utah. "It's hard to collect the taxes." Properties owned by the United Effort Plan trust owe over $4 million in back property taxes to Utah and Arizona. "The Utah taxes have reached their critical point," said Jethro Barlow, CPA, who provides accounting services for the trust. "Every property has some delinquent tax." The Fundamentalist Church of Jesus Christ of Latter Day Saints, still managed by imprisoned leader Warren Jeffs, established the UEP communal property trust in 1942. The UEP owns most of the property in the twin polygamous towns of Colorado City, Arizona and Hildale, Utah and is currently estimated to have upwards of $114 million in assets. In 2005, Utah took control of trust alleging it was being mismanaged and in jeopardy of being consumed by lawsuits. The plan under the court-ordered assumption was to liquidate or redistribute the trust's assets to the residents but legal battles quickly halted any actions. With Utah unable to generate income from the sale of property, the trust has accumulated over $6 million in debt from attorney and accounting fees associated with managing the trust. Property taxes in Utah have also gone unpaid for five years. "2012 is our fifth year, this is the drop-dead year," Barlow said. "The fear would be that the property would go for tax sale." Read more | ||||||||||||||||||||||||||||||||||||||
| Battle Over FLDS Polygamous Trust Continues | ||||||||||||||||||||||||||||||||||||||
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KUTV 2News Originally broadcast Friday, February 15 2013 | ||||||||||||||||||||||||||||||||||||||
| KUTV) A deal to finally settle the legal battle over an FLDS polygamous trust has apparently broken down. The next step may the legislature. The issue surrounds millions of dollars owed to an accountant, appointed to oversee the trust, which once was controlled by jailed polygamous leader Warren Jeffs. The accountant may have saved the homes of hundreds of people, but he wants off the job and also to be paid. Negotiations with the Utah Attorney General's Office have not produced a deal yet and meetings now could be held with lawmakers over the money. See photo | ||||||||||||||||||||||||||||||||||||||
| State planning to bow out of complex FLDS trust fund | ||||||||||||||||||||||||||||||||||||||
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By Emiley Morgan Deseret News Originally published Friday, Feb. 15 2013 | ||||||||||||||||||||||||||||||||||||||
| SALT LAKE CITY — Eight years after Utah took control of assets belonging to a Utah-based polygamous sect, it is now trying to figure out how to return them. Friday, attorneys announced that they are preparing exit strategies for the complicated trust fund. The United Effort Plan was created by the Fundamentalist LDS Church in 1942 on the concept of a "united order," allowing followers to share in its assets. Utah's courts seized control of the FLDS trust in 2005, amid allegations of mismanagement by church leaders, including Warren Jeffs, the head of the church who is currently in prison in Texas. Since the state took over the trust in 2005, state-appointed fiduciary Bruce Wisan, his attorneys and others charged with managing the $110 million-plus trust have racked up $5.7 million in fees. In a unanimous decision handed down in August, the Utah Supreme Court upheld an earlier ruling requiring the state to pay the fees until the trust's assets can be freed to pay for itself. The state board of examiners, which reviews claims made against the state, recommended that the Utah Legislature appropriate the funds to pay the $5.7 million that was ordered. But the board said since it is an "advance" that will ultimately be repaid with trust revenue, there should be an exit strategy in place to end the fiduciary's duties and the state's future liability for the trust's costs. Friday, the parties charged with proposing that exit plan to 3rd District Judge Denise Lindberg met to discuss their progress. Read more | ||||||||||||||||||||||||||||||||||||||
| Taxpayers could foot the bill for FLDS land war | ||||||||||||||||||||||||||||||||||||||
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by Ben Winslow Fox 13 News KSTU TV Originally broadcast February 15, 2013 | ||||||||||||||||||||||||||||||||||||||
SALT LAKE CITY — Eight years after it began, a legal war over land in the polygamous border towns of Hildale, Utah, and Colorado City, Ariz., may finally be coming to an end. But taxpayers may end up paying for it. A hearing was held in 3rd District Court where a judge and attorneys discussed an "exit strategy" for getting the states of Utah and Arizona out of the legal and financial quagmire that is the United Effort Plan Trust. "I'm optimistic," assistant Utah Attorney General David Wolf told FOX 13 outside of court. "We've made an awful lot of progress over the last few months." Lawyers for the accountant appointed by the courts to oversee the UEP Trust presented their proposal, which includes:
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| Watch the Colorado City and the Underground Railroad documentary trailer | |
| Watch the Colorado City and the Underground Railroad documentary trailer showing more abuse within the FLDS sect | |
| Read the Utah Supreme Court's Opinion of the Court ruling that Judge Denise Lindberg was wrong to modify the UEP trust as a secular entity, dated March 12, 2013 | |
| Read the Utah Supreme Court's Opinion denying the motions of Willie Jessop, Dan Johnson, Merlin Jessop, Lyle Jeffs and James Oler to intervene in the ongoing state administration of the United Effort Plan Trust because they lack legal standing, filed January 29, 2013 | |
| Read the Federal Tenth Circuit Court of Appeals' Order to Vacate Federal Judge Dee Benson's order in the Utah Third District Court granting preliminary injunction and REMAND with directions to dismiss the claims filed by the FLDS Association as barred by res judicata - i.e. the FLDS waited too long to challenge the state's takeover of the United Effort Plan Trust - filed November 5, 2012 | |
| Read Judge Denise Lindberg's Minute Entry ordering Utah Attorney General, Mark Shurtleff, to appear in court November 2, 2012 to answer question regarding payments owed to the United Effort Plan Trust's fiduciary, Bruce Wisan, dated October 15, 2012 | |
| Read the UEP Special Fiduciary Bruce Wisan's Memorandum in Support of Emergency Motion for Further Guidance and Relief in the UEP case, filed in the Utah Third District Court on October 9, 2012 | |
| Read the Utah Supreme Court's Opinion of the Court decision that the FLDS waited too long to challenge the state's takeover of the United Effort Plan Trust, dated October 2, 2012 | |
| Read the Supreme Court of the State of Utah's Opinion of the Court regarding the payment of fees by the Utah Attorney General's Office to Bruce Wisan, Special Fiduciary of the UEP Trust, filed August 3, 2012 | |
| Read the U.S. Department of Justice's Motion to Transfer Related Case regarding Ron and Jinjer Cooke's discrimination lawsuit against the Town of Colorado City, filed in the U.S. District Court of Arizona July 12, 2011 | |
| Read Utah Attorney General Mark Shurtleff's Memorandum of Points and Authorities in Support of Petition for Extraordinary Writ and Expedited Relief regarding payment of $5 million for the UEP Trust debt, filed in the Utah Supreme Court on March 6, 2012 | |
| Read the Federal Tenth Circuit Court of Appeals' Order Certifying State Law Questions regarding the United Effort Plan Trust, issued on March 2, 2012 | |
| Read Bruce Wisan's UEP Trust Beneficiary Update newsletter regarding the status of property taxes, dated January 2012 | |
| Read Richard Holm's Motion for Temporary Restraining Order regarding the FLDS taking over the Holm School, filed in the Utah Third District Court December 22, 2011 | |
| Read Richard Holm's Complaint regarding the FLDS taking over the Holm School, filed in the Utah Third District Court December 21, 2011 | |
| Read Richard Holm's Complaint Exhibits regarding the FLDS taking over the Holm School, filed in the Utah Third District Court December 21, 2011 | |
| Read Judge Denise Lindberg's Ruling and Order regarding Bruce Wisan's Motion for Guidance on Resolution of Property Tax Crisis, filed in the Utah Third District Court December 14, 2011 | |
| Read Judge Denise Lindberg's Ruling and Motion on Order to Award Costs and Expenses Chargeable to the State of Utah to have the Utah Attorney General's Office pay the expenses for the United Effort Plan Trust's fiduciary, filed in the Third District Court on August 1, 2011 | |
| Read the US District Court for the District of Arizona's Order regarding the discrimination lawsuit against Hildale-Colorado City Utilities, Twin City Power, and the City of Hildale, filed May 16, 2011 | |
| Read the Tenth Circuit Court's Order Staying the District Court's Preliminary Injunction Order and Show Cause Order regarding the UEP case, filed in the US Tenth Circuit Court of Appeals on April 27, 2011 | |
| Read the UEP Special Fiduciary Bruce Wisan's Brief Requesting Continued Stay of Preliminary Injunction Order in the UEP case, filed in the US Tenth Circuit Court of Appeals on April 22, 2011 | |
| Read the UEP Special Fiduciary Bruce Wisan's Exhibits Supporting Continued Stay of Preliminary Injunction Order in the UEP case, filed in the US Tenth Circuit Court of Appeals on April 22, 2011 | |
| Read the Arizona Attorney General's Memorandum in Support of Stay of Preliminary Injunction Order in the UEP case, filed in the US Tenth Circuit Court of Appeals on April 22, 2011 | |
| Read the Intervenors' Brief Supporting Continuation of Stay Order and Urging Certification of State Law Question in the UEP case, filed in the US Tenth Circuit Court of Appeals on April 22, 2011 | |
| Read the Tenth Circuit Court's Order denying the FLDS' "Motion to Reconsider and/or Clarify Stay Order Dated April 15, 2011" regarding the UEP case, filed in the US Tenth Circuit Court of Appeals on April 15, 2011 | |
| Read the FLDS' Motion to Reconsider and/or Clarify Stay Order Dated April 15, 2011 regarding Judge Lindberg's filings in the UEP case, filed in the US Tenth Circuit Court of Appeals on April 15, 2011 | |
| Read the Tenth Circuit Court's Stay Order regarding Judge Lindberg's emergency motion to stay the order for preliminary injunction regarding the UEP case, filed in the US Tenth Circuit Court of Appeals on April 15, 2011 | |
| Read the FLDS' Abbreviated Response to Notice of Information Relevant to Emergency Motion to Stay and Request for Immediate Decisision regarding Judge Lindberg's filings in the UEP case, filed in the US Tenth Circuit Court of Appeals on April 14, 2011 | |
| Read the Tenth Circuit Court's Order requiring the FLDS to file a response by 5:00 PM on Monday, April 18, 2011 to Judge Lindberg's emergency motion to stay the order for preliminary injunction regarding the UEP case, filed in the US Tenth Circuit Court of Appeals on April 14, 2011 | |
| Read Judge Denise Lindberg's Notice of Information Relevant to Emergency Motion to Stay and Request for Immediate Decision regarding Judge Benson's Order to Show Cause against Judge Lindberg concerning her Order dated April 11, 2011 in the United Effort Plan Trust case, filed in the US Tenth Circuit Court of Appeals on April 14, 2011 | |
| Read Rod Parkers's Letter to Jeff Shields written on April 12, 2011 requesting that all UEP Trust documents be turned over to him | |
| Read Judge Denise Lindberg's Ruling and Order Directing the Special Fiduciary to Retain UEP Trust Assests Pending Further Order of this Court regarding Federal Judge Dee Benson returning control of the United Effort Plan Trust to the FLDS, filed in the Utah Third District Court on April 11, 2011 | |
| Read Federal Judge Dee Benson's Preliminary Injunction Order returning control of the United Effort Plan Trust to the FLDS, filed in the US District Court for Utah April 8, 2011 | |
| Read Defendant Colorado City's Complaint for Declaratory Relief against the UEP and Bruce Wisan, regarding the Ronald and Jinjer Cooke discrimination case, filed in the U.S. District Court of Arizona on March 11, 2011 | |
| Read the Utah Supreme Court's Order against the decision by the US District Court for Utah regarding the UEP Trust, filed in the Utah Appellate Court March 8, 2011 | |
| Read the FLDS's Attention Squatters notice regarding non-FLDS people living in UEP Trust homes, posted in the local Post Office in March 2011 | |
| Read the U.S. Court for the District of Utah Central Division's MEMORANDUM OPINION AND ORDER regarding the UEP Trust, filed February 24, 2011 | |
| Read Bruce Wisan's Notice of Auction Sale of the Berry Knoll from the UEP Trust, dated November 18, 2010 | |
| See the Mohave County Interactive Map Viewer of the Berry Knoll | |
| Read Judge Lindberg's Ruling and Order on Pending Motions for Partial Lift of Stay, Motion to Intervene, and Motion for Approval of Sale Procedures regarding the UEP Trust, filed in the Third District Court in Salt Lake City November 12, 2010 | |
| Read the Colorado City Police Officer Curtis Leslie Cooke's Deposition regarding the UEP Trust, recorded at the Arizona Attorney General's Office in Phoenix October 5, 2010 | |
| Read the September 7, 2010 Mohave County Board of Supervisors' meeting minutes where BOS Buster Johnson tells Colorado City resident, Jake Barlow, he is going to vote against accepting real property (Parcel No. 404-21-094) by Quit Claim Deed and in consideration of $10 from the United Effort Plan Trust for use as a public library providing library services in Colorado City. | |
| Read the Press Release of the Original Interested Parties regarding the Utah Supreme Court's decision dismissing the FLDS' appeal of the UEP Trust, dated August 27, 2010 | |
| Read the Utah Supreme Court's decision dismissing the FLDS' Petition for Extraordinary Writ regarding the UEP Trust, dated August 27, 2010 | |
| Read Bruce Wisan's UEP Trust's Response in Opposition to Petition for Emergency Relief filed in the Utah Supreme Court August 24, 2010 | |
| Read the court transcript of Judge Lindberg's telephonic Status Conference regarding the UEP Trust, dated July 22, 2010 | |
| Read the Arizona Attorney General's Supplement to Emergency Report and Recommendation for Expedited Status Conference regarding the UEP Trust, filed in 3rd District Court in Salt Lake City, Utah on July 19, 2010 | |
| Read the Arizona Attorney General's Emergency Report and Recommendation for Expedited Status Conference regarding the UEP Trust, filed in 3rd District Court in Salt Lake City, Utah on July 8, 2010 | |
| Read the Arizona Attorney General's Exhibits for the Emergency Report and Recommendation for Expedited Status Conference regarding the UEP Trust, filed in 3rd District Court in Salt Lake City, Utah on July 8, 2010 | |
| Read the Arizona Attorney General Civil Rights Division's Discrimination Lawsuit filed against the City of Hildale, Town of Colorado City, and the utility, water and power companies dated June 25, 2010 | |
| Read the June 2010 UEP Trust Beneficiary Update Newsletter from Special Fiduciary Bruce Wisan | |
| See copies of Checks written on the Twin City Water Works account to the Bishop's Storehouse | |
| See the list of the Payee Summary of checks written on the Twin City Water Works account between January 2002 and October 2009 | |
| Read the Mohave County Superior Court Court Order/Notice by Judge Weiss regarding the "claim of right" issue of UEP property in the Bruce Wisan and Jethro Barlow trespassing case, filed April 26, 2006 | |
| Read the letter from Joseph Allred to Warren Jeffs regarding spending the Twin City Water Works money on personal items dated April 23, 2006 | |
| Read Mohave County Sheriff Tom Sheahan's Special Press Release about serving warrants on Colorado City and Hildale officials for misuse of public funds and fraudulent schemes dated April 6, 2010 | |
| Read the Mohave County April 5, 2010 Affidavit For Search Warrant which led to serving warrants on Colorado City and Hildale Fire Department officials on April 6, 2010 for misuse of public funds | |
Video Courtesy of KSL.com John Hollenhorst covers the search warrants story on April 6, 2010 | |
| See The Spectrum photographer Jud Burkett's photos taken while law enforcement from Mohave County and Washington County served search warrants on the Hildale and Colorado City Fire Departments on April 6, 2010 | |
| Read the Arizona Attorney General Civil Rights Division's Reasonable Cause Determination alleging the FLDS-run public utility companies are in violation of state and federal fair housing laws, dated April 5, 2010 | |
| Read Mohave Superior Court's Notice/Decision/Ruling regarding the trespassing charges against Bruce Wisan and Jethro Barlow, dated March 25, 2010 | |
| Read the Letter by FLDS attorney Michael D. Zimmerman admitting to misrepresentations made to the Utah Supreme Court, dated March 24, 2010 | |
| Read Bruce Wisan's Memorandum Opposing Motion to Strike Exhibits and Arguments From Specified Pleadings dated March 22, 2010 | |
| Read the Ruling and Order in the M.J. (Elissa Wall) v. Warren Jeffs, the UEP Trust and Allen Steed case filed in Salt Lake City Third District Court on March 22, 2010 | |
| Read Val Oveson's Press Release UEP Trust and State Used as Unwitting Tools dated March 20, 2010 | |
| Read Judge Lindberg's Memorandum Decision and Order filed March 18, 2010 | |
| Read the Arizona Attorney General's Memorandum in Response and Objection to Motion to Strike Exhibits and Related Arguments From Specified Pleadings filed March 10, 2010 | |
| Read the Original Interested Individuals' Memorandum Opposing Motion to Strike Exhibits and Arguments From Specified Pleadings dated March 8, 2010 | |
| Read Bruce Wisan's UEP Trust Beneficiary Update dated March 2010 | |
| Read the Utah Third District Court's Memorandum in Support of Motion to Set Aside Sealing Order/Minute Entry regarding her ruling on the UEP Trust Motion for Contempt and Sanctions Against Twin City Water Authority, filed March 2, 2010 | |
| Read Third District Court's Minute Entry by Judge Lingberg, dated February 22, 2010
02-22-10 Minute Entry - MINUTE ENTRY Judge: DENISE P. LINDBERG On February 11, 2010 this Court entered a Ruling on the UEP Trust's Motion for Contempt and Sanctions against Twin City Water Authority (TCWA). Effectively, all that the February 11th Ruling concluded was that an evidentiary hearing was necessary before the Court could rule on the Trust's motion for contempt and TCWA's cross motion for a Protective Order. Today, February 19, 2010, the Court received a letter from R. Blake Hamilton, counsel for TCWA, reminding the Court that in December 2008, presiding Judge Hilder had entered an Order disqualifying this Court from handling this specific matter and assigning it to the Honorable Vernice S. Trease. Mr. Hamilton is correct, and he properly requests that the Court vacate its Ruling on this matter. The Court will do so. For the record, however, the Court notes that it would have been helpful if TCWA had reminded the Court of the partial disqualification Order when it filed its brief in opposition to the Trust's motion and/or in support of its own motion for protective order. After all, Judge Hilder's Order was entered more than a year before the Trust's contempt motion was noticed for decision (on December 11, 2009). Judge Hilder's Order was docketed on December 8, 2008 and is found in Volume 43 of this case record. Presently the Court's record is well in excess of 50 volumes, and none of the briefing on this motion went back far enough that the Court would have been alerted to that issue. The Court's Ruling of February 11, 2010 is hereby VACATED. Date: ______ ____________ Judge DENISE P. LINDBERG | |
| Read the Utah Third District Court's letter from attorney R. Blake Hamilton to Judge Lingberg In the Matter of the United Plan Trust et al regarding her ruling on the UEP Trust Motion for Contempt and Sanctions Against Twin City Water Authority, dated February 19, 2010 | |
| Read Lake Havasu Consolidated Court's Order assigning Judge Pro Tempore Paul Julian to serve as judge on the trespassing charges against Bruce Wisan and Jethro Barlow, dated February 18, 2010 | |
| Read Moccasin Consolidated Court's Objection to assigning Judge Pro Tempore Paul Julian to serve as judge on the trespassing charges against Bruce Wisan and Jethro Barlow, dated February 18, 2010 | |
| Read Moccasin Consolidated Court's Objection to Trial Being Vacated and Judge Haney Being Removed regarding the trespassing charges against Bruce Wisan and Jethro Barlow, dated February 18, 2010 | |
| Read various Court filings to remove the judge JP Benjamin Haney, address due process issues and stay the trial regarding the trespassing charges against Bruce Wisan and Jethro Barlow, dated February 15 and 16, 2010 | |
| Read the Utah Third District Court Affidavit of Texas Ranger J. Nick Hanna regarding the care and custody of Warren Jeffs' dictations, submitted to the Utah Supreme Court February 18, 2010 | |
| Read the Tom Green County, Texas Court's Affidavit of Nick Hanna sent to Natalie Malonis providing Records of Warren Jeffs discussing child bride marriages and other FLDS crimes, faxed February 15, 2010 | |
| Read the Tom Green County, Texas Court's Subpoena of Nick Hanna by Natalie Malonis to provide Records of Warren Jeffs discussing child bride marriages and other FLDS crimes, dated February 13, 2010 | |
| Read the Utah Supreme Court UEP Trust's Response to Motion to Strike Exhibits and Related Arguments regarding the inclusion of Warren Jeffs' dictations in Bruce Wisan's court filings, dated February 11, 2010 | |
| Read the Utah Supreme Court Order regarding "certain specified documents" in the FLDS vs Judge Denise Lindberg case, filed in the Utah Appellate Courts February 10, 2010 | |
| Read Colorado City Magistrate Court's Order denying the Motion to Dismiss or Sanctions regarding the trespassing charges against Bruce Wisan and Jethro Barlow, dated February 10, 2010 | |
| Read the Utah Supreme Court Order regarding three Motions to Strike in the FLDS vs Judge Denise Lindberg case, filed in the Utah Appellate Court February 8, 2010 | |
| Read the Cross-Claim in the M.J. (Elissa Wall) v. Warren Jeffs, the UEP Trust and Allen Steed case filed in Salt Lake City Third District Court on February 3, 2010 | |
| Read the Utah Supreme Court Memorandum in Support of Motion to Strike Exhibits and Related Arguments regarding the inclusion of Warren Jeffs' dictations in the Utah AG's and Bruce Wisan's court filings, dated February 1, 2010 | |
| Read Peter Stirba's Letter to Mark Shurtleff regarding disincorporation of Hildale dated January 29, 2010 | |
| Read Mark Shurtleff's Letter to FLDS attorneys regarding settlement of the UEP Trust feud within 30 days dated January 26, 2010 | |
| Read Val Oveson's Press Release Response Memo from UEP Trust Documents Warren Jeffs' Jail House Directives dated January 22, 2010 | |
| Read the Utah Supreme Court Notice regarding time alloted for each group to present their oral arguments, filed January 22, 2010 | |
| Read Bruce Wisan's Reply Memorandum and Memorandum in Opposition to Motion to Stay dated January 21, 2010 | |
| Read Bruce Wisan's Letter to UEP Property Occupants regarding payments of 2010 property taxes, dated January 18, 2010 | |
| Read the "Lost Boys'" Original Interested Individuals' Recommended Action Regarding Continuing and Proliferating Litigation regarding the UEP Trust, dated January 14, 2010 | |
| Utah Department of Commerce Certificate claiming Wendell Nielsen is the President of the FLDS, filed January 13, 2010 | |
| Read the Utah Supreme Court's Order denying the Petition for Emergency Relief on selling the cows, filed January 13, 2010 | |
| Read Bruce Wisan's Utah Supreme Court UEP Trust's Response in Opposition to Petition for Emergency Relief filed January 4, 2010 | |
| Read Warren Jeff's letter to Merril Jessop with instructions for Willie Jessop et al to file numerous complaints with the court regarding the UEP Trust included in Bruce Wisan's Response above filed with the Utah Supreme Court January 4, 2010 | |
| Read Harker Dairy, LLC's Utah Supreme Court Memorandum in Opposition to Petition for Emergency Relief filed January 4, 2010 | |
| Read Bruce Wisan's Report of the Special Fiduciary filed December 31, 2009 | |
| Read Bruce Wisan's Report of the Special Fiduciary - Exhibits 1-108 filed December 31, 2009 (This is a HUGE file and will take time to download) | |
| Read Val Oveson's Press Release UEP Trust Files Yearly Report From Special Fiduciary dated December 31, 2009 | |
| Read the Office of the Arizona Attorney General's Memorandum in Response and Objection to Petition for Emergency Relief filed in the Utah Supreme Court December 30, 2009 | |
| Read the Utah Supreme Court's Order regarding the Petition for Emergency Relief on selling the cows, filed December 30, 2009 | |
| Read Bruce Wisan's Opposition of the United Effort Plan Trust to Petition for Extraordinary Relief filed in the Utah Supreme Court December 23, 2009 | |
| Read Judge Lindberg's Response to Motion for Stay dated December 23, 2009 | |
| Read Judge Lindberg's Response to Petition for Extraordinary Relief dated December 23, 2009 | |
| Read Arizona Attorney General Terry Goddard's Memorandum in Support of Motion for Partial Lift of Stay and for Order Authorizing and Directing Discovery and Recommendations dated December 21, 2009 | |
| Read Bruce Wisans's Supplement to Motion for: (many things) dated December 18, 2009 | |
| Read Judge Lindberg's Minute Entry and Order denying motions by Willie Jessop, dated December 11, 2009 | |
| Read Bruce Wisan's Memorandum in Support of Motion (1)For Order to Show Cause; (2)To Prohibit Further Unauthorized Filings; etc. dated December 11, 2009 | |
| Read Bruce Wisan's document filed in the Utah Supreme Court Opposition of the UEP Trust to Petition for Extraordinary Writ dated December 2, 2009 | |
| Read FLDS document filed in the 3rd District Court Memorandum in Support of Motion to Remove the Special Fiduciary dated December 2, 2009 | |
| Read the Motion to Intervene dated November 23, 2009 | |
| Read the Memorandum in Support of Motion to Intervene filed November 23, 2009 | |
| Read the Memorandum in Support of Motion to Vacate Reformed Declaration of Trust filed November 23, 2009 | |
| Read the Memorandum in Support of Motion to Remove the Special Fiduciary dated November 18, 2009 | |
| Read the Verified Cross-Claim in the M.J. (Elissa Wall) v. Warren Jeffs, the UEP Trust and Allen Steed case filed November 6, 2009 | |
| Read the Utah Supreme Court opinion on Snow, Christensen & Martineau; Raymond Scott Berry; Willie Jessop; Dan Johnson; and Merlin Jessop, Petitioners vs The Honorable Denise P. Lindberg, Respondent filed November 3, 2009 | |
| Read the Minute Entry Regarding Revised Ruling and Order regarding the sale of the Berry Knoll property, filed November 2, 2009 | |
| Read the Amended and Restated Declaration of Trust of the United Order of Texas (creating ANOTHER new FLDS Church and religious Trust) filed in Schleicher County, Texas October 30, 2009 | |
| Read Kenneth Knudson's Advance Bid (the "stalking horse" bid) to buy the Berry Knoll from the UEP Trust, dated October 23, 2009 | |
| Read the Petition for Extraordinary Writ filed in the Utah Supreme Court October 20, 2009 | |
| Read the Memorandum of Points and Authorities in Support of Petition for Extraordinary Writ filed in the Utah Supreme Court October 20, 2009 | |
| Read the Affidavit of Willie Jessop in Support of Petition for Extraordinary Writ filed in the Utah Supreme Court October 20, 2009 | |
| Read the Special Warranty Deed (transferring the YFZ Ranch from the Texas Heritage Trust to the new Texas Stake of Zion Trust) filed in Schleicher County, Texas September 30, 2009 | |
| Read the December 31, 2008 Declaration of Trust of the Texas Stake of Zion (creating a new FLDS Church and religious Trust) filed in Schleicher County, Texas September 30, 2009 | |
| Read the Court Transcript of the Testimony of Merril Jessop regarding Carolyn Jessop's Petition for Child Support discussing the YFZ Ranch property and the Texas Heritage Trust, given in Schleicher County, Texas September 28, 2009 | |
| Read the Utah Supreme Court Docketing Statement filed by the Intervenors/Appellants on August 26, 2009 | |
| Read the Ruling and Order on the Motion to Approve the Sale of the Berry Knoll Property filed August 24, 2009 | |
| Read the Salt Lake County Court transcript of the UEP hearing on the sale of Berry Knoll held July 29, 2009 | |
| See photos taken inside the Salt Lake County Courthouse UEP hearing on the sale of the Berry Knoll Farm and published by KSL 5 TV on July 29, 2009 | |
| See photos taken outside the Salt Lake County Courthouse UEP hearing on the sale of the Berry Knoll Farm and published by KSL 5 TV on July 29, 2009 | |
| See photos taken at the Salt Lake County Courthouse UEP hearing on the sale of the Berry Knoll Farm and published by the Deseret News on July 29, 2009 | |
| Read Judge Denise Lingberg's Court Decorum Order for the July 29, 2009 "Berry Knoll" hearing regarding the UEP Trust, filed July 22, 2009 | |
| Read Judge Denise Lingberg's Ruling Rejecting Settlement Proposals regarding the UEP Trust, filed July 22, 2009 | |
| Read Judge Denise Lingberg's Corrected Ruling and Orders on Pending Motions regarding the UEP Trust, filed July 17, 2009 | |
| Read Judge Denise Lingberg's Ruling and Orders on Pending Motions regarding the UEP Trust, filed July 16, 2009 | |
| Read the UEP Special Fiduciary's Memorandum in Opposition to Motion for Order to Show Cause regarding the sale of the cows from the Harker dairy farm, filed July 15, 2009 | |
| Read the Letter by the Interested Parties regarding the UEP Trust sent June 30, 2009 | |
| Read the Elissa Wall Objection to Settlement Proposal regarding the UEP Trust filed June 30, 2009 | |
| Read the "Lost Boys'" Objection to the Settlement Proposals Submitted by the Utah Attorney General and the FLDS Church regarding the UEP Trust filed June 30, 2009 | |
| Read the Objection of Jonathan and Hyrum Harker to the Settlement Proposal and Letter of Intent Submitted by the Utah Attorney General and the FLDS Church regarding the UEP Trust filed June 30, 2009 | |
| Read the Response and Objection of the Office of the Arizona Attorney General to Settlement Proposal Submissions regarding the UEP Trust filed June 30, 2009 | |
| Read the Special Fiduciary Bruce R. Wisan's Consolidated Response to Settlement Proposals regarding the UEP Trust filed June 30, 2009 | |
| Read the Exhibits to the Special Fiduciary Bruce R. Wisan's Consolidated Response to Settlement Proposals regarding the UEP Trust filed June 30, 2009 | |
| Read the Comments of FLDS on Settlement Proposals regarding the UEP Trust filed June 30, 2009 | |
| Read the FLDS Memorandum in Support of Motion for Order to Show Cause regarding the UEP Trust filed June 26, 2009 | |
| Read the Declaration of Mary Harker regarding the UEP Trust filed June 26, 2009 | |
| Read the Declaration of Nathan Jessop regarding the UEP Trust filed June 26, 2009 | |
| Read the Harker's list of Questions for Mark Shurtleff regarding the UEP Trust sent June 23, 2009 | |
| Read the FLDS response to Utah Attorney General's UEP proposal filed June 15, 2009 | |
| Read the Utah Attorney General's proposed UEP settlement filed June 15, 2009 | |
| Read the Utah Attorney General's UEP settlement letter of intent filed June 15, 2009 | |
| Read Elissa Wall's UEP Settlement Proposal Limited to the MJ Action filed June 2, 2009 | |
| Non-FLDS members living in Hildale and Colorado City expressed their concerns over the UEP settlement fiasco at the Utah State Capitol on May 26, 2009. They protested the possibility of being kicked out of their homes if the FLDS is allowed to take back complete control of the UEP Trust. They created a flyer to voice their fears regarding the current UEP negotiations taking place. Read it here. | |
| HOPE was emailed a document on May 20, 2009 which appears to be a "Settlement and Plan of Distribution" for the UEP Trust. It looks like this is a proposal from the FLDS on how they think the UEP debacle should be handled. HOPE can't attest to its authenticity, but we have it posted here for your interest. Read it here. | |
| Read the March 27, 2009 letter from the law firm Jones Waldo Holbrook & McDonough, PC regarding buring little Caden Stubbs in the Colorado City Cemetery | |
| Read the University of Utah S.J. Quinney College of Law - Utah Law Review article by Eric G. Andersen PROTECTING RELIGIOUS LIBERTY THROUGH THE ESTABLISHMENT CLAUSE: THE CASE OF THE UNITED EFFORT PLAN TRUST LITIGATION Vol 2008, No 3 February, 2009 | |
| Read the names of the Officers and Directors of the YFZ Land LLC company dated January 22, 2009 | |
| Read about the new FLDS Trust created December 31, 2008 in Eldorado, Texas in the Declaration of Trust of Texan Heritage filed in Schleicher County, Texas April 23, 2009 | |
| Listen to the interview of Bruce Wisan in "The New Boss - This American Life" From WBEZ Chicago Public Radio, originally aired on January 30, 2009 - (the segment with Wisan starts 11 minutes into the program) | |
| Read the court's Ruling and Order on Motion to Disqualify Judge Denise Lindberg regarding the UEP Trust dated December 8, 2008 | |
| Read Willie Jessop's, Dan Johnson's and Merlin Jessop's Memorandum in Support of Motion to Disqualify the Court and Motion to Disqualify the Special Fiduciary and Council for the Special Fiduciary against the UEP Trust dated November 12, 2008 | |
| Read Willie Jessop's, Dan Johnson's and Merlin Jessop's Motion to Disqualify the Court and Motion to Disqualify the Special Fiduciary and Council for the Special Fiduciary against the UEP Trust dated November 12, 2008 | |
| Read the Declaration of Jim Bradshaw regarding Judge Lindberg's and Bruce Wisan's involvement with the UEP Trust dated November 12, 2008 | |
| Read the November 9, 2008 "Borrower" YFZ Land, LLC and "Lender" John C. Wayman Deed of Trust filed in Schleicher County, Texas April 21, 2009 | |
| Read Willie Jessop's Affidavit for a Temporary Restraining Order and Preliminary Injunction against the UEP Trust dated November 2, 2008 | |
| Read the Berry Knoll Real Estate Purchase Contract and Option regarding the UEP Trust dated October 8, 2008 | |
| Read the Real Estate Brokers's Opinion of Value of the Berry Knoll, dated September 23, 2008 | |
| Read Willie Jessop's Deposition regarding the UEP Trust dated September 22, 2008 | |
| Read a later draft of the Declaration of Trust of the United Order Trust of Texas | |
| Read a draft of the Declaration of Trust of the United Order Trust of Texas | |
| Read a transcript of the Disagreements between Police Chief Jonathan Roundy and Fred Jessop and Shawn Stubbs over UEP farm land | |
| Read the Colorado City Police reports regarding the trespassing charges against Isaac Wyler, dated August 18, 2008 and August 30, 2008 | |
| Read the Motion for Approval of Payment of Special Fiduciary's Fees and Costs dated July 25, 2008 | |
| Read the Current Bill of Attorneys' Fees - Exhibit A1 dated July 25, 2008 | |
| Read the Current Bill of Attorneys' Fees - Continued to Exhibit A2 dated July 25, 2008 | |
| Read the Current Bill of Attorneys' Fees - Continued to Exhibit A3 dated July 25, 2008 | |
| Read the Current Bill of Attorneys' Fees - Continued to Exhibit A4 dated July 25, 2008 | |
| Read the Current Bill of Attorneys' Fees - Continued to Exhibits B-F dated July 25, 2008 | |
| Read the Letter by Attorney Peter Stirba regarding the possible eviction of FLDS members living in Hildale and Colorado City dated July 15, 2008 | |
| Read the Letter to Pay Past-Due Monthly Assessment or Face Eviction dated June 26, 2008 | |
| Read the Special Fiduciary's Report on the UEP Trust dated May 2, 2008 | |
| Read the Special Fiduciary's Report Exhibits 1-7 dated May 2, 2008 | |
| Read the Special Fiduciary's Report Exhibits 8-9 dated May 2, 2008 | |
| Read the Special Fiduciary's Report Exhibits 10-16 dated May 2, 2008 | |
| Read the Special Fiduciary's Report Exhibits 17-32 dated May 2, 2008 | |
| Read the Special Fiduciary's Report Exhibits 33-36 dated May 2, 2008 | |
| Read the Special Fiduciary's Report Exhibit 37 dated May 2, 2008 | |
| Read the Special Fiduciary's Report Exhibits 38-40 dated May 2, 2008 | |
| Read the Special Fiduciary's Report Exhibits 41-45 dated May 2, 2008 | |
| Read the Special Fiduciary's Report Exhibits 46-49 dated May 2, 2008 | |
| Read the UEP Lease Agreement with David and Shane Stubbs dated April 14, 2008 | |
| Read the UEP Trust Residential Occupancy Agreement dated April 1, 2008 | |
| Read the Complaint by Sterling and William Harker regarding false representations by the UEP trustees to induce the conveyance of Harker Farms into the UEP, filed March 14, 2008 | |
| Read Judge Dale Kimball's Memorandum Decision and Order regarding the case of Andrew Chatwin vs Fred Barlow, et al., filed in the U.S. District Court for the District of Utah on February 20, 2008 | |
| Read the Special Fiduciary's Report on the UEP Trust dated January 23, 2008 | |
| Read the Stipulation for Entry of Judgement (Bruce Wisan vs the City of Hildale, Utah and the Twin City Water Authority) dated December 2007 and other recent UEP Trust correspondence including the Harker Farm. | |
| Read the Notice to Occupants of the United Effort Plan Trust (detailing the $100 per month assessment fee) dated December 10, 2007 | |
| Read the United Effort Plan Trust Occupancy Agreement Form | |
| Read the "M.J." Settlement Agreement with the UEP Trust presented to Bruce Wisan on May 17, 2007 and publically released on September 21, 2007 | |
| Read the Report of the Special Fiduciary dated September 17, 2007 | |
| Read the Exhibits 1-10 from the Report of the Special Fiduciary dated September 17, 2007 | |
| Read the Exhibits 11-35 from the Report of the Special Fiduciary dated September 17, 2007 | |
| Read the Exhibits 36-52 from the Report of the Special Fiduciary dated September 17, 2007 | |
| Read the Order Granting Motion for Order to Establish Procedure for Appointment of Advisory Board Members filed June 18, 2007 | |
| Read the Report of the Special Fiduciary dated June 6, 2007 | |
| Read the Petition for Benefits Form dated May 29, 2007 | |
| See the United Effort Plan's Diagram on Distributions and Spendthrift Trusts | |
| Read the Report of the Special Fiduciary dated March 14, 2007 | |
| Read the Report of the Special Fiduciary dated December 6, 2006 | |
| Read the Reformed Declaration of Trust of the United Effort Plan dated October 25, 2006 | |
| Read the Utah Attorney General's Order to permanently remove the suspended Trustees dated October 25, 2006 | |
| Read the Report of the Special Fiduciary dated August 31, 2006 | |
| Read the Special Fiduciary's Answers to Questions About the United Effort Plan Trust dated May 31, 2006 | |
| Read the Report of the Special Fiduciary dated May 31, 2006 | |
| Read the Special Fiduciary's Response to the Court's Memorandum Decision Regarding Reformation of the Trust dated April 6, 2006 | |
| Read the February 28, 2006 report to the Court by the UEP Trust Special Fiduciary, Bruce Wisan | |
| Read exerpts from the February 16-17, 2006 legal depositions taken as part of the investigation into the disappearance of a grain elevator from the Four Square Mill in Colorado City, Ariz., in January. | |
| Read the Preliminary Injunction Order dated February 1, 2006 | |
| Read the Notice of Issuance of Temporary Restraining Order and Notice of Preliminary Injunction Hearing dated January 27, 2006 | |
| Read the "Notice to Occupants of UEP Trust Land" issued by the Special Fiduciary, Bruce Wisan | |
| Read the 2005 Hinkley Journal of Politics study Child Abuse in Arizona and Utah Polygamous Families by Carly Castle starting on page 33 | |
| Read the Utah Attorney General's Memorandum Decision regarding the lawsuit against the United Effort Plan Trust and the Trustees, dated December 13, 2005 | |
| Read the Minute Entry by the Special Fiduciary dated November 14, 2005 | |
| Read the Report of the Special Fiduciary dated November 4, 2005 | |
| Read the Order on Procedure to Appoint Trustees and Expansion of Special Fiduciary's Authority dated September 2, 2005 | |
| Read the Report and Recommendation of Bruce Wisan, the Court-Appointed Special Fiduciary dated August 2, 2005 | |
| Read the Utah Attorney General's Response to petitions for appointment of Trustees and request for hearing dated July 15, 2005 | |
| Read the bad news given to some FLDS members who were told that they had to repent from afar (leave UEP property) and their families were "released" from them in the Short Creek Assignment from July 12, 2005 | |
| Read the Order RE: Appointing a Special Fiduciary and Suspending the Trustees dated June 16, 2005 | |
| Read the Affidavit of Sam Brower regarding the FLDS taking the Cozy Log Homes building, dated June 3, 2005 | |
| Read the Ex-Parte Temporary Restraining Order Appointing a Special Fiduciary and Suspending the Trustees dated May 27, 2005 | |
| Read the Notice of Interested Parties and Response to Petitions dated May 26, 2005 | |
| Read the Private Beneficiaries' Petition for Removal of Current Trustees and Appointment of New Trustees dated May 26, 2005 | |
| Read the Utah Attorney General's Petition for Removal of Current Trustees and Appointment of New Trustees dated May 26, 2005 | |
| Read the February 21, 2005 Training Given by President Warren S. Jeffs On the Places of Refuge to a Group of Men regarding the "keep sweet" training on "how to live and be Zion" and be invited to live on the lands of refuge | |
| Read the FLDS attorney Rod Parker's Lien on the United Effort Plan dated October 28, 2004 | |
| Read the Amended and Restated Declaration of Trust for the United Effort Plan dated November 3, 1998 | |
| Read the September 1, 1998 Court's opinion on the occupancy dispute between Jeffs et al. (Trustees for the United Effort Plan), Plaintiffs, vs Stubbs et al., Defendants - Utah Supreme Court Case No. 960454 | |
| Read part 1 of the Rulon Jeffs Deposition regarding the UEP Trust Jeffs vs Stubbs lawsuit dated May, 1998 | |
| Read part 2 of the Rulon Jeffs Deposition regarding the UEP Trust Jeffs vs Stubbs lawsuit dated May, 1998 | |
| Read the decision regarding the Appeal on the motion to quash subpoenas in the UEP lawsuit filed with the United States Court of Appeals, Tenth Circuit dated November 10, 1992 | |
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