From Deseret News archives:

Court filing claims FLDS trust fiduciary is 'at war'

Published: Wednesday, Sept. 10, 2008 12:08 a.m. MDT
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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."

He pointed to edicts Jeffs issued, telling his followers to refuse to cooperate with the reformed trust and evictions of those would not follow FLDS orders. Jeffs, 52, was convicted of rape as an accomplice for performing a marriage between a 14-year-old girl and her 19-year-old cousin.

Parker is representing FLDS members Willie Jessop, Dan Johnson and Merlin Jessop, who are seeking to halt the fiduciary's authority to sell any UEP property. The trust, with an estimated $110 million in assets, was taken over by the courts in 2005 amid allegations that Jeffs and other FLDS leaders mismanaged it.

After years of relative silence, FLDS members are challenging some of the court-ordered reforms and the fiduciary's authority. In a letter to 3rd District Judge Denise P. Lindberg, Willie Jessop accepted an invitation to serve on the UEP's board of advisers which has had no participation from FLDS faithful.

"Although I would prefer a constructive board, and not one that appears to have the purpose of destroying the FLDS religion, I have decided to accept that invitation," Jessop wrote. "I would also like to suggest Jake Barlow to fill the other board vacancy."

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