Utah Attorney General Mark Shurtleff Press Release

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.

On June 22, Judge Glenn Iwasaki suspended the known trustees, including Warren Jeffs, Truman Barlow, LeRoy Jeffs, William Jessop (aka William Timpson) and James Zitting, and ordered them to stop conducting any activities involving the trust, unless it protects the trust until the new trustees are appointed.

The judge also appointed Bruce Wisan, a certified public accountant, to protect certain assets of the trust and investigate trust property. Anyone with information about the trust property or attempted transfers of trust property should contact Wisan at (801) 328-2011.

The Utah Attorney General's Office has not proposed or endorsed any individual as a trustee. Anyone proposing trustees should file a petition with the court 10 days before the July 21 hearing and publish a notice according to court orders.

Presently, the Attorney General's Office is aware of two 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.

Interested parties can object to these or any other proposed trustees at or prior to the hearing.

A notice of the hearing will be published in newspapers in St. George, Utah; Eldorado, Texas; Cortez, Colorado and Creston, British Columbia. A copy of the June 22 order can also be viewed on the Utah Attorney General's website at http://attorneygeneral.utah.gov/highprofileissues.htm (See link under heading United Effort Plan Trust Lawsuit).



What:    United Effort Trust Plan Hearing

When:    10:00 a.m., July 21, 2005

Where:    Judge Constandinos "Deno" Himonas' courtroom, Matheson Courthouse, 450 South State, Salt Lake City, Utah
 
 
attorneygeneral.utah.gov
Originally published July 1, 2005
 
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