Showing posts with label United Effort Plan Trust. Show all posts
Showing posts with label United Effort Plan Trust. Show all posts

Feb 19, 2018

‘We’re all coming out of a bad spot’: Polygamous sect members convicted in Texas receive homes in Utah

Wendell Nielsen, new presidency of the FLDS church, attends the hearing before the Utah Supreme Court who heard a petition filed by the FLDS about the court management of the United Effort Plan Trust on Wednesday, Feb. 17, 2010, in Salt Lake City.
As more people leave Warren Jeffs, Short Creek talks of reconciliation.
Nate Carlisle
Salt Lake Tribune
February 19, 2018

For years, George Jessop was too angry with Wendell Nielsen to speak to him.

But when Jessop was organizing the 2016 July Fourth celebration in Hildale, Utah, and Colorado City, Ariz., he made sure to call and invite Nielsen, who was once one of the top men in the polygamous Fundamentalist Church of Jesus Christ of Latter-Day Saints.

After the invitation, Nielsen had a question for Jessop. Should Nielsen try to move back into his house in Hildale?

"He just wanted to know if people would accept him," Jessop said.

More people continue to leave the FLDS and its imprisoned president, Warren Jeffs. When they do, questions of forgiveness are inherently wrapped in a logistical question: Who should get a home from the sect's old land trust?

The United Effort Plan, or UEP, is a collection of homes and properties polygamists on the Utah-Arizona line donated to live in what Mormon fundamentalists call a United Order. Utah seized the trust in 2005. A board is trying to dissolve the UEP by giving away, or selling at low cost, homes in Hildale and Colorado City.

According to court filings, the UEP board recently agreed to give deeds to two of the men convicted after the 2008 raid on the Yearning For Zion Ranch in Eldorado, Texas.

Nielsen, who was convicted of bigamy in 2012, received the home that property records say he built in 1999 — before he moved to Texas.

And last month, the UEP notified a Salt Lake City judge it was giving a home to Michael George Emack, who in 2010 pleaded no contest to sexually assaulting a child. The victim was a 16-year-old girl who became Emack's plural wife in 2004. Emack was 53 at the time.

Emack served seven years in a Texas prison. He was released in January 2017 and is on the sex offender registry in Arizona, where he has been living.

Nielsen and Emack did not return messages from The Salt Lake Tribune sent to them through family. FLDS members have generally refused to accept property distributions from the UEP. Nielsen's and Emack's deeds appear to indicate they no longer follow Jeffs.

There has been no noticeable outcry over the homes given to Nielsen, 77, and Emack. In interviews this week, some former Jeffs followers said the UEP was right to give the men their houses even if some hard feelings remain.

"I'm still doing ​my own reconciliation with hundreds of people," said Dowayne Barlow, another man who was part of Jeffs' inner circle and who has since testified in various legal proceedings targeting the FLDS and its followers. "And I think everybody that's coming out of this is ​objectively looking at this and saying, 'Look, we're all coming out of a bad spot — a tough spot​. We all need allowance to reset.'"

The distribution of homes in Hildale and Colorado City, collectively known as Short Creek, has been described as a way to entice people to leave Jeffs. Yet every time someone takes that opportunity to leave the sect and move into a UEP home, it creates one more person you may have to reconcile with, Jessop explained.

Jessop points to Nielsen as an example. Nielsen at one point ranked just below Jeffs in the FLDS and stood by as Jeffs evicted perhaps hundreds of men he deemed unworthy.

Nielsen "knew a lot of these people personally," Jessop said, "So he well knew they weren't criminals in any way as far as their relationship to God."

Jeffs would then reassign the evicted men's wives and children to other men. Nielsen was a beneficiary. Records seized by Texas authorities showed he had 21 wives at one point.

Still, Jessop said, the UEP was right to give Nielsen his house back. Nielsen, who had been living in eastern Utah's Uinta Basin at the time of that 2016 conversation, needs a home where his children and grandchildren can go when they stop following Jeffs, Jessop said.

"Just because I disagree with [people like Nielsen]," Jessop said, "doesn't mean they shouldn't get their home back."

People booted from the FLDS or who left on their own are dubbed "apostates" and can receive shunning or abuse from those who remain. Isaac Wyler, whom Jeffs evicted along with 20 other men during a 2004 church service, has testified about how his home and property were vandalized and how FLDS members on the local police force wouldn't investigate. Wyler went on to work for the UEP after the state seized it.

Wyler says homes for Nielsen, Emack and other longtime Jeffs followers help everyone become good neighbors again. Some of those former FLDS members sometimes apologize for how they harassed him and thank him for treating them professionally, he said.

"One guy called me," Wyler recalled, "and said, 'I want to apologize for some of the stuff that I did to you.' And I said, 'That's OK. Let's let bygones be bygones.' "

For his conviction on three counts of bigamy, Nielsen was sentenced to 10 years in prison. He was paroled in 2013 and will remain on parole until 2022, according to the Texas Department of Criminal Justice.

The UEP has a set of criteria to determine who receives a home. The criteria include contributions applicants made to the trust, their history with a particular home and what their need is now. Criminal history is not listed as a reason to exclude anyone, though the trust's bylaws, which were approved by a Utah judge after a state takeover in 2005, give the board latitude to consider applicants' circumstances. The board has made an effort to give houses to the people who paid to build or maintain them.

Applications to the UEP and the board deliberations are private. But court and property records show the UEP board in the summer of 2016 elected to give Nielsen his 13,804-square-foot home with 25 bedrooms and 21 bathrooms.

Washington County assessed the home at a value of $804,600, but Nielsen had to pay just $13,264 — the cost of the 2 acres in Hildale where the house sits.

In the case of Emack, he worked on UEP homes and properties all over Short Creek and was an "exceptional contributor" to the community, Barlow said. Emack was a licensed electrician in Utah before being sentenced to prison in Texas.

Barlow, while not apologizing for or defending Emack's willingness to marry a teenager, also feels Emack became another Jeffs victim by believing in him.

"He was absolutely in a situation where he could be preyed upon by Warren because of his deep sense of loyalty," Barlow said.

Barlow said he hasn't spoken to Emack since he returned to Utah, but Emack used to write to him from prison. Emack, Barlow said, would discuss his experiences there and his faith; there was little discussion of Jeffs.

"The whole focus was on the great principles of the gospel," Barlow said, "and loving our neighbors as ourselves."

Emack is receiving a more modest Hildale home than Nielsen, according to court and assessor records: 7,452 square feet, 15 bedrooms and 15 bathrooms for $25,454 — about a tenth the assessed value. Like Nielsen, he lived in and maintained the home before moving to Texas.

If there is one group of people who Barlow, Jessop and Wyler believe should never receive homes from the UEP, it's the members of Jeffs' inner circle who have stayed loyal to him, especially his full brothers.

The Jeffses were raised in Salt Lake County, not among the UEP homes in Short Creek. When they did move to Short Creek about the time of the new millennium, they used money and labor from the faithful to build their homes and continued using those assets to finance projects in Texas, South Dakota and elsewhere, Barlow said.

Jeffs is serving a prison sentence in Texas of life plus 20 years for crimes related to sexually abusing two teenagers he married as plural wives.



https://www.sltrib.com/news/polygamy/2018/02/18/were-all-coming-out-of-a-bad-spot-polygamous-sect-members-convicted-in-texas-receive-homes-in-utah/

Mar 22, 2017

Land trust board files lawsuit seeking to take control of polygamous sect’s meetinghouse

The LSJ meetinghouse in Colorado City, the building ex-members say houses the FLDS church's surveillance camera operation.
The LSJ meetinghouse in Colorado City, the building
ex-members say houses the FLDS church's surveillance
 camera operation.
NATE CARLISLE
The Salt Lake Tribune
March 21 2017

The land trust that owns much of the real estate in two polygamous towns on the Utah-Arizona line has filed a lawsuit to take over the Fundamentalist Church of Jesus Christ of Latter-Day Saints' meetinghouse.

The building, which sits in Colorado City, Ariz., has been the spiritual and logistical headquarters of the faith for almost three decades. The United Effort Plan (UEP) filed the lawsuit March 9 in Mohave County Superior Court in Arizona. A copy was first obtained and published by Courthouse News Service.

The lawsuit contends the UEP already owns the Leroy S. Johnson Meetinghouse — just called the "LSJ" by residents — and the 7 acres it sits on. The FLDS merely have a special-use deed to control the property, the suit claims.

That deed was issued in 1988 and required the FLDS to operate the building in accordance with the tenets the church had at that time. In its lawsuit, the UEP argues that the FLDS have stopped using the LSJ as it was intended.

In an interview Tuesday, Jeff Barlow, the UEP's executive director, said the LSJ used to be open to the public for funerals or community programs. But under Warren Jeffs, who succeeded his father and became FLDS president in 2002, the LSJ is closed to all except FLDS members.

"It was built as a community project and should benefit the community," Barlow said.

Jeffs is serving a sentence in Texas of life in prison plus 20 years for crimes related to sexually abusing two girls he married as plural wives. The FLDS do not have a spokesperson. No lawyer has filed notice of representing the church in the lawsuit nor has the FLDS responded to the suit.

The lawsuit accuses the FLDS of using the meetinghouse to "further criminal activity and other disruptive, non-religious purposes." The UEP doesn't specify what it believes has occurred at the meetinghouse.

In other legal proceedings, former FLDS members have testified the LSJ had a control room from which church security could monitor cameras all over Colorado City and adjoining Hildale, Utah. The security force watched who drove into town, who they spoke to and warned people if law enforcement arrived, according to testimony.

Church leaders, including former FLDS Bishop Lyle Jeffs, kept an office in the LSJ. In an episode in 2006, according to testimony in another legal proceeding, the FBI arrived at the meetinghouse to serve Lyle Jeffs and other men with subpoenas. FLDS members, trained by the Hildale and Colorado City police force, slowed the agents so Lyle Jeffs could escape on an ATV stored in the meetinghouse basement, according to the testimony of one of his former confidants Dowayne Barlow.

Court records in a criminal case in federal court in Salt Lake City also have suggested Lyle Jeffs stayed in the LSJ after he absconded from a pre-trial release last year. Lyle Jeffs is the last defendant in what prosecutors have called a scheme to defraud the food stamp program, and he remains at large.

The lawsuit also makes a technical argument. The special deed issued for the meetinghouse was not valid because the church was not incorporated in 1988, the lawsuit claims.

The UEP was formed in 1942 by members of what eventually became the FLDS. Fearing Warren Jeffs was mismanaging the trust and using it to further his lawbreaking, the state of Utah seized it in 2005.

A judge in Salt Lake City still oversees the UEP, but has granted authority to the board of trustees, some of whom are former FLDS members. Current church members have consistently refused any interaction with the UEP since the state takeover.

Barlow said the UEP Board of Trustees placed taking control of the meetinghouse near the top of its priority list when the trustees gained increased authority from the judge about a year ago. The trustees, Barlow said, are open to letting the FLDS continue operating the meetinghouse, but church members will need to abide by the 1988 terms.

"If the FLDS want to work something out with the trust, I'm sure the trustees would be very happy to hear from them," Barlow said.

http://www.sltrib.com/home/5086229-155/lawsuit-seeks-to-take-over-polygamous

Oct 18, 2015

2 men arrested at old polygamous sect zoo — again

Nate Carlisle
Salt Lake Tribune
October 17,  2015


Sam Brower Andrew Chatwin being placed under arrest Oct. 13, 2015.
Marshals in Colorado City, Ariz., on Saturday again arrested two men at the towns' old zoo, even though one of the suspects has a lease for the property.

Patrick Pipkin, the lease holder, and Andrew Chatwin were booked into the jail in Washington County, Utah, about 4 p.m. on suspicion of misdemeanor trespass. The jail's website did not list a bail amount. The last time they were arrested on the charge — Tuesday — Pipkin and Chatwin spent the night in jail before seeing a judge in Colorado City's municipal court. The judge released them on their own recognizance.

"This is religious vindictiveness," their attorney, Bill Walker, said Saturday night.

"These people are out of control," Walker said of the marshals.

"But I'll tell you one thing, they're not going to get away with it. There will be a reckoning. Mark my words."

Colorado City and adjoining Hildale, Utah, are collectively know as Short Creek. They are home to the Fundamentalist Church of Jesus Christ of Latter-Day Saints.

The U.S. Department of Justice has a pending lawsuit accusing the towns' governments of taking orders from FLDS leaders and discriminating against people who don't follow the church.

A trust called the United Effort Plan owns most of the land and residential and commercial property in Short Creek. Utah seized the trust in 2005 and many FLDS followers have refused to cooperate with it.

Pipkin and a business partner received a lease from the United Effort Plan to farm Colorado City's old zoo. But when they went there Tuesday, they found someone living on the property.

The Short Creek marshals said the resident had a claim to the property and told Pipkin, Chatwin and others with them to leave. After much discussion, according to a lawyer for the marshals, Pipkin and Chatwin said they wanted to be arrested.

On Saturday, Walker said, Pipkin and Chatwin went back to the zoo to put locks on gates and do other work. A few women, apparently living on the zoo grounds, cut a hole in a fence to let themselves in, Walker said.

At some point, the marshals arrived.

Walker described the domicile at the zoo as an old tack shed for horses, though on Wednesday an attorney for the marshals, Blake Hamilton, said the domicile is the old caretakers' residence and has living quarters.

Hamilton defended Tuesday's arrests, saying Pipkin and Chatwin had every opportunity to leave the property until the matter could be resolved civilly.

http://www.sltrib.com/blogs/polygamy/3074240-155/2-men-arrested-at-old-polygamous

May 24, 2014

Is there a secret group inside the secretive FLDS Church?

May 9, 2014
Ben Winslow

SALT LAKE CITY — A court filing obtained by FOX 13 News reveals the U.S. Justice Department is investigating a “new, exclusive FLDS group” within the polygamous church.

The Justice Department made reference to the “FLDS Church’s new ‘United Order’” in a motion asking a federal judge to compel Hildale and Colorado City town employees to answer questions in depositions. The federal government is suing the Utah-Arizona border towns, accusing them of discriminating against people who are not members of the Fundamentalist LDS Church.

“Defendants’ employees also refused to answer relevant questions regarding the FLDS Church’s new ‘United Order.’ Based on information and belief, the ‘United Order’ is a new exclusive FLDS group whose membership is determined by FLDS leadership,” the filing states.

“FLDS members not approved into the United Order are asked to leave their families and repent in hope that FLDS leadership will eventually choose them for the United Order; United Order members are expected to consecrate all their property over to the FLDS Church. Membership status therefore is relevant to show, among other things, motives of government officials to appease FLDS leadership.”

Read the Justice Department’s filing here