Judge Denise Posse Lindberg Rules on UEP Proposals

Linberg ruling UEP

First, despite the requirement that the Trust be neutrally governed for the general benefit of all potential beneficiaries, the Utah A.G./FLDS proposal decidedly favors the FLDS church and its adherents to the detriment of other Trust beneficiaries. Page 2

The FLDS Church as an entity is not a recognized Trust participant … Page 2

[T]he proposal’s lack of religious neutrality violates constitutional law and trust law. Page 3

[T]he Utah A.G./FLDS proposal gives control of important community assets- including the park, the zoo, and the cemetery- to the FLDS church. The charitable nature of the Reformed Trust requires that it be maintained for purposes beneficial to the entire community of potential beneficiaries, including individuals who are not affiliated with the FLDS church. Page 3

In a footnote, the Court also found that the requirement of particular style of dress and behavior to access the cemetery is an impermissible religious test.

Also interesting was the Court’s reliance on the Second Restatement of Trusts in striking down Shurtleff’s proposal as violating trust law. The Second Restatement was discussed previously by Ron in Houston in a post made July 3, found here. Both Ron and Lindberg quote the Second Restatement of Trusts:

Illegal Purpose. A trust to promote a religious organization or doctrine is invalid if it is criminal or against public policy. Thus a trust to promote polygamy is illegal, even though the belief in polygamy is one of the tenents of a religious sect

Finally …a bit more “I told you so.” We raised many of these issues in May when the Shurtleff’s proposal was first circulated publicly:

Willie Jessop, , Dan Johnson, Merlin Jessop, Wendell Neilson, Merril Jessop, Lyle Jeffs, Warren S. Jeffs, Truman I. Barlow, Leroy S. Jeffs, James K. Zitting, William E. Timpson (collectively referred to as the “Representative Individuals”)….

p. 2 I. The Representative Individuals represent and warrant as follows:
(i) they have the authority to act on behalf of the FLDS Church and its members.

Ok, right out of the gate I have a big problem with this. Why would these individuals have any standing to participate in negotiations or speak for anyone or be granted any rights or benefits by the trust over and above the rights of each and all the beneficiaries? And what difference does it make whether they have authority to act on behalf of the FLDS Church — the FLDS Church is not a party to the trust, it is not the predecessor to the trust, it is not a beneficiary and it has no standing or rights with respect to trust property or distributions. That is just crazy that this is even being talked about … and I havent gotten past page 2.

FLDS TEXAS said this on May 22, 2009 at 4:38 AM (edit)

AND

So … everytihing goes to the “FLDS Church” except 80 acres in the Gap, and that little slice of land goes to the former members or other claimants that the “FLDS Church” have tried to run out of the twin cities forever.

Seriously, has Shurtleff lost his last marble?

My prediction: there will be no agreement. Wisan and his board will never agree to this, the Arizona AG will never agree to this, and the Judge will never approve it. What a complete waste of time it was to give Willie any legitimacy or include him in something that most of knew he would never approach in good faith.

I’d like to see that document where every member of the “FLDS Church” voted and gave the “Representative Individuals” the authority to act on their behalf. And what exactly constitutes the “FLDS Church” anyway? Is it the list of people Warren says are in? Is there some membership card that people sign and turn in …. What if I say I’m a member of the FLDS Church, do I get a deed too that I have to waive my interest in in favor of a “third party or entity”?

FLDS TEXAS said this on May 22, 2009 at 4:45 AM (edit)

AND

So, any guesses on what NewCo would be? How can a settlement — a land conveyance, no less– include a fictitious entity? For that matter, the “FLDS Church” is a fictitious entity also ..at best a loose voluntary association that can’t take title to land.

FLDS TEXAS said this on May 25, 2009 at 6:31 PM (edit)

AND

Utah Attorney General Shurtleff apparently has not issue with discriminatory practices, so long as they are the practices of the FLDS and not directed against the FLDS. The recent UEP settlement proposal submitted by Attorney General Shurtleff proposes that the public cemetery in Short Creek as well as the public park be subject to a similar dress code requirement. I believe Shurtleff’s proposal would have non-FLDS seek permission from the FLDS Bishop to gain entry into the cemetery/and or public park. It just blows my mind that Shurtleff has signed off on this nonsense that is clearly illegal and prohibited by the U. S. Constitution.
https://texasflds.wordpress.com/2009/07/04/flds-discriminatory-practices/

More from TxBluesMan in his post found here.

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~ by FLDS TEXAS on July 23, 2009.

35 Responses to “Judge Denise Posse Lindberg Rules on UEP Proposals”

  1. Wow she let Mark and the FLDS have it.

    I bet they have rope burns.

  2. Not to say I told y’all so, but….

    Ron made a good call on it too, from a different angle.

  3. I loved the part where the Judge said, in effect: Who is Willie Jessop, that we should regard anything he says. ROFL. Under oath, Willie speaks only for himself, otherwise he acts like a blowhard speaking for everyone of the flds.

  4. “Not to say I told y’all so, but….

    Ron made a good call on it too, from a different angle.”

    No, I’m sure you got this one wrong, Blues. After all, aren’t you closing down your blog because you’re tired of being wrong and can’t face it when you turn out to be wrong with Tony Alamo’s upcoming verdict? 😀

  5. I love it! I wish I could have 2 seconds (well, it would take more than 2 seconds) of face-time with mr. mark.

    What an huge colossal mistake in trying to help the FLDS use the trust to promote their illegal lifestyle while taking advantage of everyone else.

  6. Judge Lindberg is ONE smart cookie when it comes to the law! Wasn’t any way the AG and FLDS were going to pull the wool over her eyes!!!!
    Shurtleff should be ASHAMED!!!!!

  7. I’ll say I told you so …

    I told you so. 🙂

  8. This is a great ruling.

    The opening post is updated with the key quotes from the ruling and a link to Ron’s prescient post dealing with the Second Restatement of Trusts.

  9. Hard to have imagined she’d ever have handed the trust over under the Shurtleff-Wee Willie proposal, but I’m kind of disappointed that she didn’t take them to task for their ghetto proposal as well.

    I had this amazing sense of déjà vu while reading this… perhaps the good judge reads FLDS Texas?

    I’m kind of curious, though—what sort of animals do they keep in their zoo? Heifers?

  10. “As the snow flies
    On a cold and gray Short Creek mornin’
    A poor little baby child is born
    In the ghetto
    And his mama cries
    ’cause if there’s one thing that she don’t need
    it’s another hungry mouth to feed
    In the ghetto…”

  11. This is something I found that might pertain to ‘Newco”
    **************
    Say one of your clients has approached you about setting up an exit plan to leave her company and she is fairly confident that she would like to transfer ownership to an insider. However, the owner is not ready to turn over total control of the company just yet. In fact, she wants to make sure she can undo any damage that could result from her successors failing to successfully carry on the business or failing to pay her in full for the business.

    What exit technique should you recommend that not only allows business owners to begin transferring their company to insiders, but also allows them to maintain a level of control of the business during the transfer? One technique that can set up an exit plan to meet these objectives is a concept called “Oldco/Newco.”

    Under this planning technique, the existing business (Oldco) remains under the owner’s control and ownership. A new company (Newco), which is owned by the children or key employees who will run the new business, is formed. Oldco leases equipment, office and warehouse space or other facilities, and often even employees, to Newco, allowing Newco to launch its business with very little capital. If the new company fails, Oldco and its assets are not at risk; if Newco succeeds, it eventually buys the equipment, facilities and other goodwill from Oldco using the future cash flow of Newco.

    This is what FLDS is doing in Texas with the ranch,,, anyone else see it?

  12. FLDS is doing this with the trust in Texas. This is what they meant by setting up NewCo

  13. I certainly do see it since you explained like that!

    Thank you DD.

  14. Yw,and I don’t UNDERSTAND why the Texas AG office isn’t investigating these LLC corporations owned by FLDS in Texas!

  15. I don’t know about Utah or Nevada, but in Texas, if you do construction, heavy machinery work for a company or individual, you have to have a Bond or Liability insurance, and trust me, it cost alot of money to carry liability insurance for company or corporation.

  16. I bet the companies are bonded and have liability insurance. I wonder if all of those Arizona and Utah corporations that are operating here have domesticated their corporations to do business here and are paying franchise taxes.

  17. Deputydog reading Warren’s dictations and now knowing what it reveals, he most definitely is morphing the Short Creek to other, ‘Lands of Refuge’ and proclaims that the future FLDS Church will be a scattered flock, this has Biblical implications that the Almighty will remedy this situation at the appointed time. Still today Short Creek represents the central community of the FLDS Church flock as it is and the 3rd District Courts effective possession and control of this greatest assets poses endless problems and complications to Warren’s scattered flock revelation. The major thing is that his secretive revelation has been brought to light, he has been arrested, convicted and faces numerous additional charges and his ability to remain an effective Prophet is in grave doubt. Exposure of his revelation that only a more select few were offered access to the ‘Lands of Refuge’ has to concern and not square too well with the non-select/uninvited members being left behind in Short Creek. The news that Short Creek is ,”…rejected of God” and “no longer the gathering place” greatly diminishes the need to be there or remain a part of the Short Creek area. The fact that a Temple has been built but not upon the Berry Knoll is another significant development. Right now the prophet is caught not only in jail but his ‘Lands of Refuge’ are not fully transitioned and he’s lost control of the UEPTrust. Things have got complicated, the legal issues continue to spiral up and without control and future trials, convictions and investigations threaten the very survival and continued existence of the FLDS Church. Things certainly are promising to stay more interesting over the next few years.

  18. FLDS TEXAS, Blues, Ron,

    WOW, you guys really nailed their coffin with your predictions!

    Yet the mystery remains – who or what got to Mark Shurtleff? Who stole his marble, and will he ever get it back?

  19. Was Shurtleff’s marble black or white?

  20. Cajim, exactly, which is why United Trust of Texas is being separated from UEPTrust.
    They wont be the same entity. Different name, they have even applied for a non profit status.

  21. Basically they gave the ranch and all its assets to John Wayman in name only, thus “NewCo”. The Oldco still owns it just under a New persons name in name only.

  22. I’m repeatedly impressed at the intelligence acuity and wisdom of these female judges and lawyers.

  23. I’m fairly certain Shurtleff lost his marble.

    I agree with you about these august lady judges, Granny.

  24. DD

    Thats “Holy Order Of Texas”

    HOOT

  25. HAHAH, right Stamp,, I forgot!! Hoot Hoot!!

  26. Indeed GFNY There are many women Attorneys and Judges, I wouldn’t want to have against me in a case.

  27. Trial dates set for sect members facing criminal charges
    By Matt Phinney (Contact)
    Originally published 05:16 p.m., July 23, 2009
    Updated 05:29 p.m., July 23, 2009

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    Trial dates on charges related to sexual abuse of children, bigamy and other charges have been set for 10 men from the Fundamentalist Church of Jesus Christ of Latter-Day Saints.

    Attorneys for the defendants and the state ironed out the dates today during a status conference in the Tom Green County Courthouse. The schedule of trials runs to the end of next year.

    Dates for Raymond Merril Jessop had already been set — a pretrial hearing Aug. 10 and a trial Oct. 26 on sexual abuse of a child charges.

    At the beginning of the conference, 51st District Judge Barbara Walther left the room for about 20 minutes, leaving the lawyers huddled over a schedule sheet to set proposed hearing schedules among themselves.

    The final schedule approved by the judge is as follows with the defendants, pretrial date, trial date and charges:

    Allan Eugene Keate, Nov. 19, Dec. 7, sexual abuse of a child.

    Michael Emack, Jan. 7, 2010, Jan. 25, 2010, sexual abuse of a child.

    Merrill Leroy Jessop, Feb. 25, 2010, March 8, 2010, sexual abuse of a child and bigamy.

    Lehi Barlow Jeffs, April 15, 2010, April 26, 2010, sexual abuse of a child and bigamy.

    Abram Harker Jeffs, May 13, 2010, June 7, 2010, sexual abuse of a child and bigamy.

    Keith William Dutson, July 15, 2010, July 26, 2010, sexual abuse of a child.

    Wendell Loy Neilson, Sept. 2, 2010, Sept. 7, 2010, three counts of bigamy.

    Frederick Merril Jessop, Oct. 4, 2010, Oct. 11, 2010, conducting an unlawful marriage ceremony involving a minor.

    Leroy Johnson Steed, Nov. 23, 2010, Dec. 6, 2010, first-degree felony sexual assault of a child, second-degree felony bigamy, third-degree felony bigamy and third-degree felony tampering with physical evidence.

    A Schleicher County grand jury indicted 12 FLDS members, including imprisoned sect leader Warren Jeffs, on charges relating to sexual abuse of children.

    During the conference, Walther said the pretrials would be held at 10 a.m. in San Angelo. Between now and the first trial, attorneys are looking at ways to get a jury pool from Schleicher County while having the trials in San Angelo.

    Walther has yet to rule on the defendants’ motions to suppress evidence taken from the Yearning For Zion Ranch near Eldorado. An April 3, 2008, raid on the ranch led to the removal of more than 400 children from the ranch and the seizure of documents and other material.

  28. sorry, here is the story
    http://www.gosanangelo.com/news/2009/jul/23/trial-dates-set-for-sect-members-facing-criminal/

  29. Those last trial dates are 17 months from now–why such a delay?

  30. I don’t know GFNY, weird but,she has other cases scheduled Im sure

  31. The longer they string it out the more expensive it will be. Perhaps we will see no day in the future when an FLDS is not on trial.

    Just one long prosecution for years.

    Or maybe they will play ball and plead guilty, and be reasonable in their walk on this world……

    NNNNAAAAAHHHHHHH THAT WONT HAPPEN

  32. Rereading the Trib’s story on Judge Lindberg’s opinion, Rod Parker’s closing quote is quite funny: “The church is, in some form, a party here.”

    Talk about a dull party.

  33. Well in the last story Brooke did before this one on Judge Lindberg;s decision, Rod Parker, quoted saying, This isn’t fair, and something about “OUR” property.. And I thought, since when do you own property in UEPtrust , Mr Parker? LOL

  34. I’m amused at Judge Walther leaving those FLDS to stew in their own tardy juices awaiting her response. What’s good for them ought to be good for her as well.

  35. Yup, Grannytoad, Goldstein very LATE on his response, so he can sit and wait for the Judge’s ruling! LOL

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