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tulsad PostPosted: Mon Jul 21, 2008 4:38 pm

US Senate FLDS Hearings

PerryPeabody posted this in the articles thread - hopefully it will be a successful hearing that leads to some good discussion.

PerryPeabody wrote:
Witness list released for Senate polygamy hearing
By Ben Winslow
Deseret News
Published: Monday, July 21, 2008 11:44 a.m. MDT

The U.S. Senate Judiciary Committee has released its witness list for Thursday's hearing in Washington, D.C., on crimes associated with polygamy.
Prosecutors and ex-Fundamentalist LDS Church members will be among those who will testify. They include:

• U.S. Attorney for Utah Brett Tolman.

• U.S. Attorney for Nevada Gregory Brower.

• Arizona Attorney General Terry Goddard.

• Texas Attorney General Greg Abbott.

• Stephen Singular, author of the book "When Men Become Gods."

• Dr. Dan Fischer, an ex-FLDS member.

• Carolyn Jessop, an ex-wife of YFZ Ranch leader Merril Jessop and the author of the book "Escape."

Utah Attorney General Mark Shurtleff was among those invited to testify, but he was unable to do so because of his medical condition after injuring a leg in a motorcycle crash. Senate Majority Leader Harry Reid, D-Nev., will lead the panel. He has been pushing for federal intervention in investigating crimes within polygamous sects.

The congressional hearing appears to be aimed primarily at the FLDS Church. No FLDS members have been invited to testify, although some may show up for the hearing anyway.

"These people have been spreading these kinds of statements for years, and there's no evidence to back up any of their statements. At some point, you'd think someone would call them on that," said Rod Parker, a Salt Lake attorney acting as a spokesman for the FLDS. "Instead, we have these people fomenting the kind of prejudice that ultimately leads to the raid in Texas." Parker was drafting a letter to the Senate Judiciary Committee, taking them to task for not including FLDS members in testimony.

Upset that FLDS members have been excluded, the pro-polygamy group Principle Voices has urged its members to lodge protests with committee members.

"If they won't hear from an FLDS member in the hearing, they'll certainly get an earful from everyone we can encourage to speak up," Principle Voices director Mary Batchelor said in an e-mail to the Deseret News. "At the minimum, we want an FLDS member to be permitted to speak at the hearing, to answer questions and testify to whatever allegations are leveled at their community. It is the right thing for them to do, and if Senator Reid is confident in his position, he would allow it, too."

The office of Utah Sen. Orrin Hatch, who sits committee, said that, to date, he has not received any calls.
http://deseretnews.com/article/1,5143,700244874,00.html


http://www.refugeesunleashed.net/viewtopic.php?p=738023#738023


Since when does the Senate invite groups they are investigating " to speak at the hearing, to answer questions and testify to whatever allegations are leveled"? 		Sparkly Tree



Joined: 19 Aug 2006
Posts: 10139
PerryPeabody PostPosted: Mon Jul 21, 2008 4:42 pm

Re: US Senate FLDS Hearings

tulsad wrote:
PerryPeabody posted this in the articles thread - hopefully it will be a successful hearing that leads to some good discussion.



http://www.refugeesunleashed.net/viewtopic.php?p=738023#738023


Since when does the Senate invite groups they are investigating " to speak at the hearing, to answer questions and testify to whatever allegations are leveled"?

tulsad- read the next topic begun by pax. I think hearings may affect financial shenanigans but not kids' welfare.



Joined: 24 Mar 2006
Posts: 1091
tulsad PostPosted: Mon Jul 21, 2008 4:43 pm

Sign the petition to allow the FLDS to appearing ....

Sign the petition to allow the FLDS to appearing at their own hearing before the United States Senate. (sic)
July 21, 2008...7:36 am
U.S. Senate Holds Hearings On Polygamy & FLDS Thursday Without Inviting The FLDS To Testify

It’s rather strange that the United States Senate is holding hearings Thursday on the FLDS and polygamy, but no members of the FLDS have been invited to testify. That’s like holding hearings on high gas prices without inviting the oil companies.

Here is the text of a petition that is being sent to senate members to point out the absurdity and injustice of holding hearings on the Fundamentalist Latter Day Saints Church without inviting members of the church to testify.

Many people signing the petition have no love for the FLDS or polygamy, but are simply disgusted by the lack of fairness with which the government has treated this group and the way the constitution has been violated when the government has interacted with this group.

Quote:
On July 24, 2008 the United States Senate is holding a hearing in front of the Senate Judiciary Committee regarding the FLDS Church and the polygamist lifestyle. In order for this hearing to be fair, we, as petitioners, feel that it is absolutely essential that members of the FLDS Church and those favorable to their cause be invited to testify to give a fair balance of the facts before that committee.

Because of the one sided, and often greatly exaggerated and false reports, officers of the sate of Texas raided a small community called Yearning for Zion Ranch and removed over 420 innocent children from their parents, and held them and two dozen adults in state custody for over two months. The raid was based upon public misconceptions about these people and a hoax phone call. We believe that persecuting the FLDS people in this way, the state of Texas has engaged in an egregious abuse of authority from start to finish and has already wasted over $20 million dollars of taxpayer money.

F B I Director Robert Mueller has stated publicly that he does not feel a federal task force to investigate these people is necessary.

The Federal Government should, instead, be heading a task force to investigate the state of Texas, The Child Protective Services, and every official who had a hand in the massive violation of basic human and religious rights that occurred against these people. We adamantly oppose conducting what could be tantamount to a federal witch hunt based on rumors and innuendo; much of which coming from the same individuals and organizations responsible for the current mess in Texas.

We, as signers of this petition, are not seeking support of the polygamist lifestyle. We are not seeking to legalize polygamy. We are not all sympathetic to the people of FLDS Church or any of its practices. We are not all sympathetic to their position over those who have been invited to the hearing. What we are sympathetic to is the First Amendment to the Constitution of the United Sates. Indeed, we believe that the very foundation of this country, the Constitution and Bill of Rights, was created to protect all of her citizens from religious discrimination and persecution, even those we do not agree with.

What we are asking for is that all Americans, even members of the Fundamentalist Church of Jesus Christ of Latter-day Saints, be afforded their Civil and Constitutional Rights—rights that the state of Texas conspicuously disregarded in the raid and subsequent events surrounding the YFZ ranch in Eldorado, but which are guaranteed to all citizens of the United States by our Constitution. In the impending hearing, the Senate Judiciary Committee has a moral and ethical obligation to hear the FLDS people, who are, after all, the DIRECT TARGET of the hearing.

A legitimate investigation into the activities of the FLDS Church, or any other organized group, would include representation from those favorable to that group, and even from members of the group itself. Please help us make our country free from religious discrimination by listening to us and affording these people their rights.


Sign the petition to allow the FLDS to appearing at their own hearing before the United States Senate.

http://tinyurl.com/5rgdzr 		Sparkly Tree



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Posts: 10139
tulsad PostPosted: Mon Jul 21, 2008 4:47 pm

Re: US Senate FLDS Hearings

PerryPeabody wrote:

tulsad- read the next topic begun by pax. I think hearings may affect financial shenanigans but not kids' welfare.

I think you're right, Perry, but I don't believe that individuals/organizations being investigated can simply testify at a Judiciary hearing - they have to be subpoenaed. Right? Confused

ETA: that would be the equivalent of rebuttal to a Grand Jury. I think. Confused 		Sparkly Tree



Joined: 19 Aug 2006
Posts: 10139
PerryPeabody PostPosted: Mon Jul 21, 2008 5:02 pm

Re: US Senate FLDS Hearings

tulsad wrote:

I think you're right, Perry, but I don't believe that individuals/organizations being investigated can simply testify at a Judiciary hearing - they have to be subpoenaed. Right? Confused

Invited or, if unwilling, subpoenaed. I don't think one can demand to testify. Pax, Charlie, Tonk, et al?

ETA: that would be the equivalent of rebuttal to a Grand Jury. I think. Confused

That's a good analogy. Smile




Joined: 24 Mar 2006
Posts: 1091
PerryPeabody PostPosted: Tue Jul 22, 2008 2:13 pm

Senate leader to push polygamy victims bill
By Thomas Burr
The Salt Lake Tribune
Article Last Updated: 07/22/2008 11:27:04 AM MDT


Posted: 11:21 AM- WASHINGTON - Senate Majority Leader Harry Reid will introduce a measure Wednesday establishing a federal task force on polygamy and offering help to those trying to escape polygamous communities.
The bill, if passed, would set the stage for likely the largest orchestrated crackdown on polygamy in a century.
Ahead of the first congressional hearing focused on polygamy since the 1950s, Reid, a Mormon convert from Nevada, will introduce the Victims of Polygamy Assistance Act. It would set up a collaborative effort between federal, state and local law enforcement agencies to combat "broad patterns" of polygamy-related crimes.
The bill also would create grants for police agencies to probe alleged crimes and provide assistance such as witness relocation, housing, job training and child care for those leaving plural marriages, according to Reid's office.
Polygamy has rocketed to the national consciousness after the April raid of a Texas compound of the Fundamentalist Church of Jesus Christ of Latter Day Saints. Hundreds of children removed from the ranch have now been returned to their families but investigations continue.
Reid's office says he wants a more extensive effort to probe crimes in polygamous communities such as underage marriages, welfare fraud and spousal and child abuse.
"As people get a closer look into these polygamous groups they're able to see some of the crimes that are committed," Reid spokesman Jon Summers says.
The bill will be a priority for Reid to pass this year, Summers said, and he hopes to see cooperation with the Justice Department on the effort. The department had previously said it would review whether a task force would be helpful
Principle Voices, a pro-polygamy group, has chastised Reid, a Democrat, for not allowing any members of the FLDS sect to testify on their own behalf at the scheduled Thursday hearing. Some say they may even show up at the hearing to protest it.
"Senator Reid has shown extreme bias against polygamy, and we are concerned that decisions will be made based on misinformation, partial facts/truths, or false allegations," the Principle Voice group wrote on its Website.
"This hearing specifically targets the FLDS church and its members, but Reid has made it clear that his intent is to pursue investigations and prosecutions of other polygamous communities as well, without any acknowledgment that consenting adult, healthy polygamous families should be left unmolested."
http://www.sltrib.com/polygamy/ci_9959809



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Posts: 1091
PerryPeabody PostPosted: Wed Jul 23, 2008 6:04 pm

Attorney objects to polygamous sect's exclusion from Senate hearing
By Brooke Adams
The Salt Lake Tribune
Article Last Updated: 07/23/2008 02:12:33 PM MDT


A Senate hearing set to take place Thursday perpetuates a long history of persecution of a religious minority, according to a spokesman for a polygamous sect.
In a three-page letter to the Senate Judiciary Committee, Salt Lake City attorney Rod Parker said it is "unfortunate" that the panel will meet to discuss polygamy without allowing the subjects of the hearing to respond.
"History is replete with examples of misinformation becoming the foundation of persecution and hysteria, leading in turn to real harm to real people," his letter said.
Senate Majority Leader Harry Reid of Nevada requested the hearing in his effort to get federal assistance to investigate the polygamous Fundamentalist Church of Jesus Christ of Latter Day Saints on racketeering and other alleged crimes.
Parker notes the hearing takes place on the 161st anniversary of Salt Lake City's founding by Mormon pioneers and recounts the persecution that drove them West. That antagonism was fueled by the practice of polygamy among early followers of The Church of Jesus Christ of Latter-day Saints.
Today, the mainstream church abhors plural marriage. But it is still a tenet of breakaway sects like the FLDS, who are the focus of the hearing.
The FLDS have drawn attention of law enforcement in three states because of marriages its leaders have sanctioned between underage girls and adult men.
On Tuesday, a Texas grand jury indicted five FLDS men, including sect leader Warren S. Jeffs, on sexual assault charges and one man on failure to report child abuse. The state's criminal investigation is ongoing and more indictments may be issued when the grand jury meets again in August.
The committee is expected to hear from Reid; U.S. attorneys from Utah and Nevada; attorneys general from Arizona and Texas; and several former FLDS members. Reid also is seeking federal money to assist women and children who want to leave polygamous relationships.
In his letter objecting to the exclusion of current members, Parker asserts that, as in the past, the idea that ranks of women want to leave polygamy is grossly overstated.
In the 1870s, Congress passed anti-polygamy legislation and spent money to built a "safe house" for women expected to flee plural marriages. The home went largely unused and "those who came were more often leaving an incompatible relationship than escaping polygamy," Parker said.
The women instead "lied in court, they hid from authorities, they held rallies in favor of polygamy, and they even conducted public relations tours to Washington in defense of their faith," the letter states.
He said that as the committee listens to testimony of "the enemies of the FLDS" it should ask for evidence to back their claims. Parker concluded by calling the hearing "unfair and undemocratic."
"Rather than breaking the vicious cycle of prejudice and persecution, your one-sided hearing is likely to perpetuate it," the letter states.
http://www.sltrib.com/polygamy/ci_9972470



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PerryPeabody PostPosted: Thu Jul 24, 2008 11:07 am

LIVE FROM THE SENATE: FLDS coverage
Trish Choate
gosanangelo.com
Originally published 09:36 a.m., July 24, 2008
Updated 10:46 a.m., July 24, 2008


LIVE FROM WASHINGTON, D.C.: Coverage of Senate Judiciary Committee hearings into Fundamentalist Church of Jesus Christ of Latter Day Saints.

(All times are Central Standard Time.)

10:11 a.m.

Cardin raises the problem of victims who say that when they went to authorities to report crimes within a polygamist sect, their reports were brushed aside.

Abbott said when the FLDS they came to Texas, they picked a county that was so sparsely populated, the FLDS sect would be able to step in and gain control of government apparatus.

Less than 700 people voted in Schleicher County where the YFZ RAnch is located, Abbott said.

10:05 a.m.

Goddard said the FLDS has thrived in isolation, and there must be cooperation across borders.

He supports a strike force or task force that will help overcome jurisdictional barriers.

Under questioning from U.S. Sen. Orrin Hatch, R-Utah, Tolman said he agrees with Goddard that there is some confusion in distinguishing between the LDS and the FLDS.

Tolman said the LDS Church has long kicked out any members practicing polygamy.

U.S. Sen. Ben Cardin, D-Maryland, takes over questioning and goes again into the need to make a clear distinction between the FLDS and a "legitimate" church.

Cardin said he chairs the Helsinki Commission, which looks at human rights violations internationally.

What's happened with polygamist sects is as bad as anything he's seen in the world as women and children are denied basic human rights.

"It is difficult to understand how this could occur in the United States," Cardin said.

10:01 a.m.

Tolman outlines crimes his office has investigated including violations of child labor laws, illegal sexual acts perpetrated against children, tax fraud involving individuals and businesses and a long list of other offenses probed since 2004.

"It is significant and important that we remember probable cause must be established," Tolman said.

Goddard reiterates that there should be no confusion between the FLDS and the Mormon Church.

The FLDS is a breakaway Mormon sect practicing polygamy, long abandoned by the mainstream Mormon Church, he says.

9:43 a.m.

Abbott begins his testimony by explaining why he didn't stand to take the oath and describes the accident that led to his confinement in a wheelchair.

Two days ago, a grand jury in Schleicher County returned indictments against six suspects, all associated with the YFZ Ranch near Eldorado, Abbott said.

Charges range from failure to report child abuse, to sex crimes to felony bigamy, he said.

It is a big challenge for state authorities acting alone to deal with criminal activities that cross state lines and international borders, Abbott said.

When one state enforces its laws, the FLDS leaders simply move their operations to another state, he said.

After a recent crack down, the FLDS began moving.

Even Warren Jeffs managed to hide from authorities for more than a year, and he was on the FBI's most wanted list and had achieved notoriety, Abbott said.

State authorities could benefit from help by the U.S. Marshals and others in apprehending and arresting suspects, he said.

Plus, the FLDS is highly mobile and willing to move from place to place. Authorities need to be able to follow where the crimes lead.

He said given the nature of the FLDS and the crimes that might have been committed, a number of areas would have benefited from cooperation in:

Sharing and review of evidence gathered by states and federal government.

Dedication of federal and state resources in locating and assisting defendants.

Assisting victims of FLDS crimes.


9:35 a.m.

"Great efforts have been made," Tolman said after summarizing law-enforcement efforts, including those against FLDS prophet Warren Jeffs.

During Goddard's testimony, he noted that, "First, I"m talking about the FLDS, not the church of Jesus Christ of Latter Day Saints, commonly known as the Mormon Church."

His office's efforts isn't about discrimination but about applying the law, he said.

"My office has taken a systematic approach to restoring the rule of law to a community that has" been operating outside the rule of law, he said.

Goddard described the Short Creek fiasco of several decades ago and noted that FLDS members began fearing the state more than their abusers after the Short Creek raid.

The FLDS communities of today are geographically isolated, but authorities are holding monthly safety net meetings and have established outreach in the area, he said.

Five years ago, authorities saw almost no one coming forward to report crimes among the FLDS, but more than 1,000 people have been assisted by the safety net.

FLDS leaders such as Warren Jeffs have been ignoring and violating the law for far too long, he said. Step by step, authorities are making progress in bringing law to the area.

9:19 a.m.

Reid is the sole witness in the first panel, and he finishes by 9:18 a.m. after making a plea for a federal task force to work with states.

The second panel is sworn in, but there is still no sign of U.S. Sen. John Cornyn, the Republican from Texas who is on the Senate Judiciary Committee.

The next panel is sworn in and consists of the following: Texas Attorney General Greg Abbott; Arizona Attorney General Terry Goddard; U.S. Attorney Gregory Brower of the District of Nevada; and U.S. Attorney Brett Tolman of the District of Utah.

Whitehouse reads their bios, and Brower begins testimony.

He thanks the committee for the hearing and said he plans to provide the perspective of the Department of Justice and the tools and resources available from law enforcement to deal with the issues.

As federal prosecutors our oath is to support and defend the Constitution, Brower said.

The DOJ does not target anyone based on their religious beliefs but seeks to target criminal activity, he said.

Two women dressed in the garb of the FLDS listen quietly from their seats toward the back of the room.

Polygamy is illegal in all 50 states because it's a state crime and not because of any federal statute, Brower said.

9:14 a.m.

The committee room is packed by the time Whitehouse bangs the gavel.

It's standing room only in the back of the room as U.S. Sen. Sheldon Whitehouse, D-Rhode Island, and U.S. Sen. Arlen '

Specter, R-Penn. give opening statements explaining that events in Texas have especially brought to light issues with crime and polygamist sects.

Whitehouse, who's in charge of the hearing, said that "child abuse, sexual abuse, fraud and other federal and state crimes" have orginated in polygamous communities.

He praises U.S. Sen. Harry Reid, D-Nev., for authoring legislation to create a federal task force and to offer grants to victims of polygamy.

Senate majority leader Reid begins his soft-spoken testimony.

"They are a form of organized crime," Reid said of polygamist communities.

Bigamy, child abuse, teen and pre-teen girls forced to marry older men and bear their children, along with a broader reach of crime, he said. Tax evasion and other systematic, sophisticated crimes, often spread across state lines, are carried out in sects.

A live stream of the hearing, as well as some written testimony is available at http://judiciary.senate.gov/hearing.cfm?id=3489.

8:55 a.m.

The hearing room is about half full and abuzz with chatter as press, congressional aids and others settle in. A line formed before 9:30 a.m. of observers hoping to get into the hearing.

Among those at the top of the line are two women dressed in the traditional garb of the Fundamentalist Church of Jesus Christ of Latter Day Saints, the polygamist sect that likely sparked this hearing before the Senate Judiciary Committee, set to begin at 10 a.m.
http://tinyurl.com/64mgfb



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Tonk PostPosted: Thu Jul 24, 2008 11:50 am

Testimony
United States Senate Committee on the Judiciary
Crimes Associated with Polygamy: The Need for a Coordinated State and Federal Response
July 24, 2008

Hon. Greg Abbot
,
Prepared Testimony of
Texas Attorney General Greg Abbott

United States Senate Judiciary Committee
July 24, 2008

Thank you, Chairman Whitehouse and Senator Hatch for convening this hearing today. I appear here to reaffirm the benefits that can be achieved by federal and state cooperation and coordination in criminal investigations and prosecutions of crimes committed by members of the FLDS.

As this committee may know, my office is engaged in pending prosecutions of certain FLDS members. Two days ago, a grand jury in Schleicher County, Texas, returned seven indictments against six suspects. All suspects are associated with the YFZ compound near Eldorado, Texas.

Among the six suspects is Warren Jeffs, who is charged with sexually assaulting a child, a first-degree felony.

Four additional suspects are charged with sexually assaulting young girls under the age of 17. One of those suspects is also charged with felony bigamy.

A separate suspect has been indicted on three counts of failure to report child abuse.

The indictments issued this Tuesday are part of an ongoing and continuing criminal investigation.

Because these are pending charges, and because of the nature of this criminal investigation, my ability to provide details about these cases will be limited. I do, however, want to provide the committee some background information about the situation in Texas so you can better understand our perspective on how cooperation and coordination between federal and state authorities can be beneficial.

The charges issued by the grand jury earlier this week reflect a joint effort between several law enforcement agencies. The Texas Office of the Attorney General is leading the prosecution in this case, in coordination with the local district attorney, and the Texas Rangers are serving as the lead investigators. However, several other law enforcement agencies are working closely and cooperatively in this massive, multi-jurisdictional investigation.

This week’s indictments reflect a cooperative effort between the Texas Attorney General’s Office, Texas Department of Public Safety, the Texas Rangers, the 51st Judicial District Attorney’s Office, as well as the United States Attorney for the Northern
District of Texas, and the Federal Bureau of Investigation. My office has also maintained open lines of communication with the offices of Attorneys General in Arizona and Utah.

We have seen first hand the vital importance of communication and cooperation among state and federal authorities.

The suspects in this case are part of an organization with roots in many states and three countries. To state the obvious, it is a big challenge for state authorities, acting alone, to contain or prevent criminal activity that crosses multiple state – and even national – borders.

According to press reports, Warren Jeffs ordered that the YFZ Ranch in Texas be purchased just one month after Arizona authorities prosecuted an FLDS member for an unlawful sexual relationship with a 16-year-old girl. This frames an important issue for this committee to consider—when one state enforces its law, the FLDS leaders simply move their operations to another state.

Recent press reports indicated that, after the joint crackdown by Utah and Arizona, FLDS members began moving to Southern Nevada and, of course, Texas.

When Utah’s enforcement efforts convinced a federal judge to appoint a new trustee to oversee a $100 million FLDS trust, the new trustee reportedly took stock of numerous real property assets in the twin cities of Hilldale and Colorado City. And, according to the trustee, during one week alone, seven houses were abandoned by FLDS members who were presumed to have taken up residence in Texas.

As law enforcement efforts in Texas began to intensify, a Houston Chronicle story noted that the “vast majority” of males at the ranch “have been moved” and “gone underground.” As the Dallas Morning News put it, Texas authorities are “up against a culture of secrecy, unlimited resources, and sect members well-schooled in the art of misleading authorities.” And the International Herald Tribune wrote about a “network of safe houses where sect members can take refuge” and families living in a “house of hiding.”

Today’s Houston Chronicle notes that “Texas authorities will have their work cut out for them as they try to track members of a polygamist sect well-equipped to hide within a national network of safehouses and whose members, critics say, have no qualms about harboring a fugitive.”

These media reports underscore a real difficulty facing state authorities. This group moves seamlessly from state to state, location to location and has the infrastructure necessary to thwart law enforcement. Even Warren Jeffs, who has achieved international notoriety, managed to hide from authorities for over a year—and he was on the FBI’s most wanted list.
This leads me to two very important points:

First, if individuals are charged with crimes, and if those individuals flee the jurisdiction by the time those charges are filed, state authorities could benefit from help by the FBI,
the U.S. Marshals, and U.S. Attorneys across the country in locating and arresting those individuals and returning them to the right jurisdiction to stand trial. Assistance and cooperation from federal officials can help ensure these suspects stand trial for the crimes with which they are charged.

Second, and from a bigger picture perspective, we have seen that the FLDS is highly mobile and willing to move from one location to the next in an apparent effort to avoid state authorities. Thus it is critical that federal authorities focus on the FLDS, and devote the resources necessary to prosecute criminal wrongdoing that is uncovered—whether the evidence leads to Texas, Nevada, Arizona, Utah, or somewhere else. A comprehensive federal response should minimize – if not eliminate – the possibility that persons within FLDS who may be predisposed to commit polygamy, or other crimes, will simply move their operations to another location, because of law enforcement action in their current location.

Although many of the alleged crimes associated with FLDS are state crimes that warrant attention by state officials, there are at least two reasons why federal authorities should get involved.

First, there are multiple potential federal crimes that federal authorities could pursue. Second, by depending exclusively on state authorities, certain criminal activity may—or may not—be investigated and prosecuted because of the FLDS’s ability – or attempt – to control governmental activity where their community is located and, consequently, suppress law enforcement activities.

I’ll explain the second point first. As I understand it, Hilldale, Utah and Colorado City, Arizona operated as autonomous regions for decades with little or no oversight from state or federal authorities. FLDS reportedly owned 85% of the land in the two towns and FLDS leaders allegedly controlled everything from the town council, to the police department, the fire district, the local electrical utility, and school district.
That was the case until General Goddard and General Shurtleff took action to enforce the law in those long-ignored areas and disentangle the FLDS from the local government. In Arizona, for example, General Goddard charged a school district official with gross financial mismanagement and asked that the district be placed in receivership. Among the misuses of taxpayer money was the purchase of a $200,000 airplane. Additionally, the school district executed and later terminated a real estate lease with an FLDS-controlled trust that cost the taxpayers $190,000 in prepaid rent.

These abuses occurred because local authorities under the FLDS’s control apparently looked the other way—which is why Arizona authorities had to decommission six peace officers.

A close look at Schleicher County, Texas, where the YFZ Ranch is located, shows that it lies in a sparsely populated rural area where the FLDS could similarly take control in a
way that would allow them to evade law enforcement. Only 698 citizens voted in that county during the November 2006 election.


Second, although the alleged criminal conduct currently being prosecuted by our office involves crimes that traditionally fall within state authorities’ purview, there are important issues for federal prosecutors to consider. Given the nature of the FLDS, and the nature of the crimes that may have been committed, there are a number of areas in which cooperation and coordination could be particularly effective. Without listing them all, the following are some of the more important from my viewpoint.

Consideration should be given to the full application of federal laws, such as the Mann Act, to prosecute crimes committed against underage girls born or placed into the FLDS, as part of the systematic victimization of young women within the sect. Such victimization of young women involves elements of both human trafficking and domestic violence and abuse – two areas which the Department of Justice has committed itself to combating across the country.

Consideration should also be given to the full application of federal laws to investigate potential white-collar crimes by FLDS members and their leadership – activity that spans state borders and which federal law enforcement is experienced and qualified to evaluate and prosecute.

There should be cooperation and coordination among state and federal law enforcement on the collection, review, evaluation and sharing of evidence that has been gathered throughout the states and by the federal government.

Cooperation and coordination are also needed to ensure that if FLDS members are
charged with crimes, federal and state resources will be dedicated to locating and arresting those defendants.

Finally, I will mention that cooperation and coordination is warranted to assist the victims of crimes by FLDS members, including those victims who have been subjected to sexual or other abuse.

These are just a few ideas for the committee to consider. This committee and the Department of Justice can be assured that the State of Texas will continue to work closely and cooperatively with federal authorities to hold accountable those who have broken the law. I can also assure the Committee that there has already been a good deal of cooperation and coordination among state and federal law enforcement officials in Texas.

It is my hope that the Committee’s hearing today will serve as a step forward in efforts to ensure that detection and prosecution of crimes by FLDS members will span the divides of geographical borders and will employ the full force of both state and federal law.

Thank you.



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Tonk PostPosted: Thu Jul 24, 2008 11:50 am

Testimony
United States Senate Committee on the Judiciary
Crimes Associated with Polygamy: The Need for a Coordinated State and Federal Response
July 24, 2008

Sen. Harry Reid
,
STATEMENT OF SENATOR HARRY REID
Senate Judiciary Committee Hearing on “Crimes Associated with Polygamy: The Need for a Coordinated State and Federal Response.”

July 24, 2008

Mr. Chairman and members of the Judiciary Committee, thank you for convening this hearing at my request.

The lawless conduct of polygamous communities in the United States deserves national attention and federal action. This hearing is an important milestone in the ongoing effort to curtail their pervasive criminal behavior. By coincidence, this hearing is being held on the 24th of July, a day that is celebrated by Mormons around the world as Pioneer Day. This holiday commemorates the arrival of the Mormon pioneers to the Salt Lake Valley in 1847. As a practicing Mormon, one who adopted this beautiful faith with my wife when we were young, I am proud of my church for its accomplishments and the progress it has made since Pioneer Day was first celebrated. Indeed, we do honor to our pioneer ancestors by condemning those who have wrongfully cloaked themselves in the trappings of our religion to obscure their true criminal purposes.

For many years, these organizations received little attention from the rest of America. They isolated themselves in remote locations, and required their members to cut off contact with the outside world. In the West, we have a live and let live attitude. We try not to bother our neighbors and we expect the same from them. But polygamists have taken advantage of this attitude to form a sophisticated, wealthy, and vast criminal organization that has gone largely unchecked by government agencies. Early in my career I chaired the Nevada Gaming Commission, fighting to get organized crime out of the Las Vegas casinos. The mob bosses I was up against practiced extortion, embezzlement, fraud, public corruption, obstruction of justice, and witness tampering. I faced death threats and constantly worried for the safety of my family.

I am here to tell you that polygamist communities in the United States are a form of organized crime. I am not saying they are the same thing as the crime syndicates that used to run Las Vegas. But they engage in an ongoing pattern of serious crimes that we must not ignore. The most obvious crime being committed in these communities is child abuse – teen and pre-teen girls are forced to marry older men and bear their children. But the criminal activity that goes on in these places is far broader. Witnesses at this hearing will describe a web of criminal conduct that includes welfare fraud, tax evasion, massive corruption and strong-arm tactics to maintain the status quo. These crimes are systematic, sophisticated, and are frequently carried out across state lines. Today, polygamists have spread from Utah and Arizona into many other states including Nevada, Colorado, North Dakota, Missouri, New Mexico, and Texas. They have even expanded across international borders into Canada and Mexico. State authorities are on the front lines of this fight, and I have great respect for their work. Today you will hear from two hard-working state attorneys general about their efforts. But I have long believed that the federal government should play a larger role in this fight. The Department of Justice can help states enforce their own laws, and it can beef up enforcement of federal law. Greg Brower, the US Attorney for my home state of Nevada, will testify today. Greg and his colleague from Utah, Brett Tolman, will discuss the growing federal-state partnership to address these lawless communities.

I have encouraged this federal-state partnership for several years. I first wrote to then-Attorney General Gonzales in 2006 to suggest a federal task force on polygamy. In recent months I have worked with Deputy Attorney General Mark Filip, who has assigned a senior federal prosecutor to coordinate federal action in this area. And yesterday, I introduced a bill to strengthen this new federal-state partnership. The Victims of Polygamy Assistance Act of 2008 would establish a task force under the supervision of the Deputy Attorney General to bring together the various agencies necessary to deal with the broad pattern of criminal behavior perpetrated by polygamists. The bill also authorizes grants to assist victims. Because these organizations routinely threaten, harass, and tamper with victims planning on testifying against them, it is necessary to provide targeted funds so that law enforcement can protect them and, if necessary, shield their identity.

These lawless organizations must be stopped. I appreciate the efforts of the Committee to shed light on this growing problem, and I applaud our witnesses and all others who stand up against these powerful criminal forces.



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Tonk PostPosted: Thu Jul 24, 2008 11:51 am

Testimony
United States Senate Committee on the Judiciary
Crimes Associated with Polygamy: The Need for a Coordinated State and Federal Response
July 24, 2008

Gregory Brower
,
STATEMENT OF

GREGORY A. BROWER
UNITED STATES ATTORNEY
DISTRICT OF NEVADA
UNITED STATES DEPARTMENT OF JUSTICE

BEFORE THE

UNITED STATES SENATE
COMMITTEE ON THE JUDICIARY

CONCERNING

“CRIMES ASSOCIATED WITH POLYGAMY: THE NEED FOR A COORDINATED STATE AND FEDERAL RESPONSE”

PRESENTED

JULY 24, 2008

Chairman Leahy, Ranking Member Specter, and Members of the Committee, I am Greg Brower, United States Attorney for the District of Nevada. My colleague Brett Tolman, United States Attorney for the District of Utah, and I are very pleased to appear before you today to provide the perspective of the Department of Justice and federal law enforcement in working with issues arising from polygamist communities. My testimony will provide an overview of the tools and resources available to federal law enforcement to address these issues. Mr. Tolman will follow with more detailed information regarding specific efforts being made, primarily in his State and district.

At the outset, let me emphasize what I am sure is already obvious. As federal prosecutors, our oath is to support and defend the Constitution. The very first right enshrined in the Bill of Rights is the right to the free exercise of religion. The United States Department of Justice (the Department) does not target anyone for criminal investigation or prosecution – whether individuals or groups – based on their religious beliefs.

The Department’s mission is to target federal criminal conduct wherever it occurs, regardless of the religious beliefs of the criminal, if any. The seminal Supreme Court case on the interplay between laws of general application and the Free Exercise clause was Employment Division of Oregon v. Smith, 494 U.S. 872 (1990). That decision rightly held that when a law is of general application and not targeted at a particular religious practice, the Free Exercise Clause is not implicated, even if the incidental effect of the law is to affect some people’s practice of their religion. The issue of polygamy illustrates this point. The practice is illegal in all 50 states, regardless of whether a defendant enters a plural marriage for religious reasons or otherwise.
And with respect to the practice of polygamy itself, I should emphasize that it is usually a matter of State criminal law, and not federal law.

Over the history of our country, the laws
defining and defending the institution of marriage have been by design within the province of the states. Polygamy is illegal in all 50 states because of the individual criminal codes of the 50 states, and not because of any federal criminal provision. The Model Penal Code section 230.1 defines the third-degree felony of polygamy as cohabitating with more than one spouse at a time in purported exercise of the right of plural marriage. While polygamy is a State crime, the Department embraces partnerships with State and local law enforcement through information sharing, coordination, and other types of assistance, and will investigate and prosecute federal violations where possible.

Thus, ultimately, the role of federal law enforcement in dealing with issues relating to polygamist communities is the same role as in any other context – to investigate and prosecute federal crimes when they occur, again.
Numerous federal laws are potentially implicated by the conduct in which some members of polygamist communities engage, and federal authorities stand ready to investigate and prosecute as circumstances warrant. Title 26 tax crimes are investigated by the Internal Revenue Service (IRS) Criminal Investigations and prosecuted by the United States Attorney’s Offices and the Department’s Tax Division. The Federal Bureau of Investigation (FBI) has responsibility for investigating a host of other white collar offenses, such as mail, wire, and financial institution fraud, fraud involving federal programs, false claims cases, health care fraud, and computer crimes. The United States Secret Service has broad authority to investigate identity theft and credit card fraud. The United States Postal Inspection Service investigates crimes involving the mails. The United States Marshals Service has and will continue to aid these cases by tracking and capturing fugitives as necessary.

The FBI and the Bureau of Alcohol, Tobacco, Firearms, and Explosives have broad authority to investigate violent federal crimes, including crimes involving weapons and
explosives. The FBI also has jurisdiction over federal criminal civil rights violations. Indeed it is a felony to interfere with another’s free exercise of religion by force or threats of force, under 18 U.S.C. § 247. That section also covers attacks on churches or other religious property. Finally, federal criminal law provides for substantial penalties for arson, and for threats communicated by mail, telephone, or Internet.

In addition to the laws noted above, I should also emphasize that federal criminal law affords very powerful tools to deal with sexual predators of children, including underage girls. Title 18, United States Code, Section 2422(b), makes it a felony for a defendant to use the mail or a facility of interstate or foreign commerce, such as telephone lines or the Internet, to lure a child under age 18 to engage in criminal sexual activity. Transporting a child across State lines for the same purpose is also illegal under 18 U.S.C. § 2423(a).

Both crimes carry a ten year mandatory minimum sentence, but they are punishable up to life imprisonment. Even using the Internet or other means of interstate communication to transmit identifying information about a young child (for example, name, address, telephone number, e-mail address) for sexual purposes is illegal under 18 U.S.C. § 2425. That crime carries a potential five year penalty.

The Department is deeply committed to the fight against crimes against children, working constantly with federal, state, and local prosecutors and law enforcement offices to increase the investigation and prosecution of all crimes against children. To further this goal, in 2006 the Department developed Project Safe Childhood. As but one of many examples of a typical Project Safe Childhood case, consider the story of Sonny Szeto, who my colleagues in the United States Attorney’s Office for the District of Connecticut prosecuted this past year. Szeto was a 23-year-old who lived in New Hampshire and liked to lurk around on the popular Web site MySpace.com trying to meet young girls. In 2006, he succeeded. He met an 11-year-old Connecticut girl online and struck up a relationship with her, slowly manipulating her and building her trust. Using that foundation, he traveled to Connecticut and persuaded her to have illicit sexual relations with him. A search warrant was later executed on Szeto’s home computer, and hundreds of images of child pornography were found. The judge in Connecticut sentenced Szeto to 168 months for using the Internet to persuade the girl to engage in sexual activity, and 120 months for possessing child pornography.

The Szeto case is a model of how the Department’s Project Safe Childhood efforts are working nationwide. The case involved highly effective teamwork at all levels of government. The case was investigated by the Connecticut Computer Crimes Task Force and also the FBI, and then prosecuted by the United States Attorney’s Office. This is the strategic goal of Project Safe Childhood – to maximize the number of leads generated and investigated by federal, State, and local law enforcement, and then funnel those cases as appropriate to federal prosecution, where federal nationwide investigative tools can be employed and federal felony mandatory minimum sentences can be sought. These prosecutions serve the twin ends of removing individual predators like Szeto from free society where they have access to children and deterring other would-be predators.

In summary, to the extent that the members of polygamist communities are committing federal crimes, whether “white collar” frauds or crimes against children, the Department is committed to working with State and local law enforcement authorities in the relevant jurisdictions to ensure that those crimes are aggressively investigated and prosecuted.

I will now turn it over my colleague from Utah, U.S. Attorney Brett Tolman, who will discuss more specific efforts undertaken by the Department.



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Tonk PostPosted: Thu Jul 24, 2008 11:51 am

Testimony
United States Senate Committee on the Judiciary
Crimes Associated with Polygamy: The Need for a Coordinated State and Federal Response
July 24, 2008

Brett Tolman
,
BRETT L. TOLMAN
UNITED STATES ATTORNEY
DISTRICT OF UTAH
UNITED STATES DEPARTMENT OF JUSTICE

BEFORE THE

UNITED STATES SENATE
COMMITTEE ON THE JUDICIARY

CONCERNING

“CRIMES ASSOCIATED WITH POLYGAMY: THE NEED FOR A COORDINATED STATE AND FEDERAL RESPONSE”

PRESENTED

JULY 24, 2008

Chairman Leahy, Ranking Member Specter, and Members of the Committee, I am Brett Tolman, United States Attorney for the District of Utah. The title of this hearing is, “Crimes Associated with Polygamy: The Need for a Coordinated States and Federal Response”. I am here to testify that Utah has a proud history of a coordinated State and federal response. For years now, my office and various agencies such as the Federal Bureau of Investigation (FBI), Drug Enforcement Administration, Internal Revenue Service (IRS), and Department of Health and Human Services have worked with state and local agencies to investigate allegations that crimes such as sexual exploitation of children, fraud, structuring financial transactions to avoid Bank Secrecy Act reporting requirements, drug trafficking, and violent crimes were being committed by members of various polygamist groups in Utah. In fact, a large reason why several states and even other countries have confronted the issues surrounding polygamist communities is because of the great investigative and prosecutive efforts in Utah.

The aggressive prosecutions by the Utah Attorney General’s Office, various county attorney offices, and the U.S. Attorney’s Office have pushed some members of polygamist groups from Utah to other states and countries, resulting in Utah’s inter-state coordination efforts.

Let me now speak to how the existing coordinated efforts have been successful. It is public knowledge that there are ongoing federal investigations involving potential federal criminal activity at polygamist communities. On April 10, 2008, the FBI and the United States Attorney’s Office for the Northern District of Texas announced that a federal search warrant had been executed at the YFZ Ranch in Eldorado, Texas. At that time, they also stated that the application and affidavit were under seal, and that no further comment could be made because ofthe pending investigation. I understand that the investigation may be of interest at this hearing, but I am unable to discuss it as the investigation is still pending.

But I can assure the Committee that other federal efforts are ongoing. Without going into the details of non-public past or present investigations, such efforts have involved the full cooperation, coordination, and communication of multiple federal, State, and local agencies, including, but not limited to, the FBI in Utah, Nevada, and Dallas, Texas, the Arizona Attorney General’s Office, the Utah Attorney General’s Office, the United States Attorney’s Offices in Arizona, Utah, Nevada, and the Northern District of Texas, county authorities from Mohave County, Arizona and Washington County, Utah, and other federal agencies such as IRS Criminal Investigations and the Bureau of Alcohol, Tobacco, Firearms and Explosives.

Just recently, on June 11, 2008, I personally met with many high-level State and federal law enforcement officials from Utah, Arizona, Texas, and Nevada to discuss these issues. United States Attorneys from throughout the country were present. The group agreed that the federal, State, and local prosecuting and investigating agencies have a proven and effective working relationship, but that we can do a better job of sharing information.

We shared a lot of information at the meeting and have continued to do so since. The group has been communicating by email, and a Special Interest Group on Law Enforcement On-Line and a central database for information sharing have been created. We have already experienced and expect to continue to experience great results from these new avenues of communication.

In addition to this, for example, the United States Attorney’s Office in Arizona sent a prosecutor to Texas to talk with the Texas Attorney General’s Office, the Texas Rangers, local sheriff’s offices as well as federal law enforcement in Texas. The purpose of the meetings was to offer assistance to Texas law enforcement and to ascertain the facts as they may relate to any matters in Arizona. In addition, federal prosecutors in Arizona continue to partner with the Arizona Attorney General’s Office to investigate crimes within the State.

Some have suggested creating a task force to deal specifically with these polygamist issues. With respect to crimes associated with polygamist groups, however, I believe that there is already substantial communication and coordination among federal, State, and local offices, indeed, just as much as there would be were a formal task force in place. Moreover, although task forces are an effective mechanism to combat many types of criminal conduct, they just may not be a good fit in this context. Polygamist communities are highly self-contained and insular, which makes them difficult for law enforcement to infiltrate. Moreover, whether it is due to loyalty, sincere religious belief, or coercion, their members are frequently uncooperative with law enforcement.

In large measure, when past investigations have stalled, it has been a result of these witness issues. In this context, a task force may be too blunt an instrument to accomplish an effective investigation, and subtler and more covert methods may be more profitably employed.

Let me turn now to some public cases in which federal law enforcement resources have been brought to bear on this issue. One example from the recent past is the case of Warren Jeffs, the leader of a polygamist sect in Utah.

Jeffs was charged by Utah with being an accomplice to rape, for using his religious influence over his followers to coerce a 14-year-old girl into marriage to her 19-year-old cousin. Jeffs went on the run and was missing for two years. The United States Attorney’s Offices for the District of Utah and the District of Arizona brought federal “unlawful flight to avoid prosecution” (UFAP) charges, and a federal warrant was obtained. The federal UFAP statute, 18 U.S.C. § 1073, makes it a federal felony for a person to travel across State lines to avoid a State prosecution, or imprisonment after a State conviction. This statute allows a federal arrest warrant to be obtained and federal resources to be employed to capture state fugitives.

Jeffs was ultimately placed on the FBI’s Ten Most Wanted Fugitives list, and, after a nationwide manhunt, he was eventually captured in Nevada and returned to face justice in Utah. He was convicted and is serving two consecutive terms of five years to life. He still faces charges in Arizona relating to the alleged arranged marriages of underage girls. After he faces State charges in Arizona, Jeffs will be returned to Utah, where he will be prosecuted by the U.S. Attorney’s Office on a federal felony UFAP charge. Federal search warrants were also used to obtain evidence against Jeffs.

Another serious example occurred several years earlier in the case of Addam Swapp, his brother, Jonathan, and members of the Singer family – all members of a small polygamist clan in Utah. On January 16, 1988, they placed a bomb in a church building owned by the Church of Jesus Christ of Latter-day Saints in Marion, Utah, which exploded causing massive damage. A subsequent standoff with law enforcement authorities ended with a shootout at the family’s compound on January 28, 2008.

A Utah Department of Corrections Officer, Lt. Fred House, working as a part of a federal-State law enforcement joint effort, was killed. Four family members from the Swapp/Singer families were prosecuted and convicted in Federal court on charges ranging from attempted murder of federal agents, bombing the church, and resisting arrest. Sentences ranged from 20 years to five years. John Timothy Singer and Addam Swapp were convicted of State charges arising out of the killing of the Utah corrections officer. Addam Swapp finished his federal sentence and is currently serving his State sentence.

This concludes my prepared comments. Thank you again for this opportunity to address you, and I would be happy to answer any questions you may have for me.



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Tonk PostPosted: Thu Jul 24, 2008 11:52 am

Terry Goddard
Office of the Attorney General
Attorney General
State of Arizona
Testimony for the Committee on the Judiciary
United States Senate
Terry Goddard
Arizona Attorney General
“Crimes Associated with the FLDS: The Need for a Coordinated Local, State and Federal Response”
July 24, 2008
Written Statement
Thank you Chairman Leahy, Senator Specter, distinguished Members of the Committee and Staff. I appreciate the opportunity to speak to you today. Investigation and prosecution of crimes in the communities controlled by the Fundamentalist Church of Jesus Christ of Latter-day Saints (“FLDS Church” or “FLDS”) come with a unique set of challenges for law enforcement. The major challenges illustrate how enhanced local-state-federal cooperation and additional resources would be most beneficial.
At the outset, I want to make two things clear about Colorado City and the FLDS Church. First, we are not talking about the Church of Jesus Christ of Latter-day Saints, commonly known as “the Mormon Church.” Second, the work being done by my Office in Colorado City is not about religion, culture or lifestyle. Rather, it is about protecting women and children from domestic abuse and sexual violence; combating fraud and public corruption; enforcing civil rights laws; upholding peace officer standards, and ensuring that the rule of law is applied equally and comprehensively throughout our land.
The FLDS Church emerged in the early 1900s when its founders left the Mormon Church after the Mormon Church renounced the practice of polygamy or plural marriage. At that time, the FLDS Church was headquartered in the tiny town of Short Creek, Arizona, on the Arizona-Utah border, in the isolated area north of the Grand Canyon known as the “Arizona Strip.” The town of Short Creek has since expanded into the twin communities of Hildale, Utah, and Colorado City, Arizona.
1275 West Washington 􀂃 Phoenix, Arizona 85007 􀂃 602.542.4266 (phone) 􀂃 602.542.4085 (fax) 􀂃 www.azag.gov
Arizona Attorney General Terry Goddard
Page 2
During the first part of the 20th century, Arizona law enforcement officers raided the community of Short Creek three times, in 1935, 1944 and 1953. The largest of those police actions took place just before dawn on July 26, 1953, when more than 100 Arizona police officers and National Guard soldiers entered Short Creek. Most of the community was taken into custody, including 263 children who were declared wards of the state. Arizona Governor Howard Pyle had invited scores of reporters to observe the raid, but almost all the news coverage was critical of the Arizona officials. Almost a year later, 36 men pleaded guilty to conspiracy to violate Arizona law prohibiting bigamy, and each was given a one-year suspended sentence and released. Public sympathy went out to the children who were separated from their families and placed in state custody. By all accounts, public outrage over the heavy-handed Short Creek raid was largely responsible for Gov. Pyle being voted out of office in 1954.
The harsh lessons of that raid 55 years ago had at least three long-term impacts. First, governmental authorities were more inclined to ignore Colorado City and Hildale. Second, residents of those communities became highly suspicious of government at all levels. And third, leaders of the FLDS Church used the first two effects to their advantage, asserting ever-increasing autocratic control over their followers.
In 2003, Utah Attorney General Mark Shurtleff and I formed a partnership to undertake and coordinate civil and criminal investigations and provide a safety net for the victims of child abuse and domestic violence in Colorado City and Hildale. At the time, those communities had 10,000-12,000 residents, almost all of whom were FLDS members. They were geographically isolated and strictly segregated from outside influences by their leaders.
Recognizing the failure and long-term damage from the 1953 Short Creek raid, Arizona and Utah have focused on investigations and prosecutions of specific instances of child abuse, domestic violence and fraud.
Under Arizona laws, child abuse complaints cannot be prosecuted unless there is an actual victim who is willing to testify. Most women and children in Colorado City were, and in large part still are, afraid to testify against their abusers. Child abuse in the FLDS community has included physical and sexual abuse cases and unique situations that involve underage girls forced into plural marriages with much older men. In addition, the FLDS regularly expelled teenage boys from the community to reduce competition for plural wives. It is alleged that those boys were physically forced out of the community, in many instances by Colorado City-Hildale Marshals, leaving them with no education, support or hope for the future.
Over the past five years, we have expanded the partnership between Arizona and Utah law enforcement agencies to include state and local service agencies, advocacy groups and members of the communities. We have held monthly Safety Net meetings and established a permanent physical presence for law enforcement and social services in Colorado City.
Arizona Attorney General Terry Goddard
Page 3
One of our most significant accomplishments was the indictment of Warren Jeffs, the leader of the FLDS Church, on child abuse charges in both Arizona and Utah. Following those indictments, Mr. Jeffs became a fugitive in what turned into a two-year manhunt. Arizona and Utah put up a $10,000 reward for information leading to his arrest and prosecution. Attorney General Shurtleff and I asked for help from the U.S. Department of Justice. Subsequently, Jeffs was placed on the FBI’s Ten Most Wanted Fugitives list, and the FBI increased the reward to $100,000. Three months later, on August 28, 2006, Jeffs was arrested in Nevada on a routine traffic stop. He was convicted in Utah in September 2007 on two counts of rape as an accomplice for ordering and performing an underage marriage in Caliente, Nevada. He was sentenced to two terms of five years to life. My office is currently assisting Mohave County Attorney Matt Smith to prepare for Jeffs’ trial in Arizona on felony charges of sexual abuse of a minor.
The Arizona and Utah Peace Officers Standards and Training Boards have been vigilant in requiring the Colorado City-Hildale Marshal’s Office to comply with the law and law enforcement protocols. Six Hildale and Colorado City police officers have been removed from office and decertified for failing to report numerous cases of abuse, in addition to committing crimes themselves, including bigamy. Because their first allegiance was to Warren Jeffs, those officers followed his instructions, even when those instructions contravened the officers’ duty to protect public safety.
My Office has encountered many instances where the civil rights of citizens in Colorado City and Hildale appear to have been violated, but state civil rights jurisdiction is limited. Accordingly, I initiated requests beginning in August 2005 to the U.S. Department of Justice to investigate the Colorado City Marshal’s Office for civil rights violations for its role in ejecting teenage boys from the community, evictions and reassignment of families excommunicated by Mr. Jeffs, and other actions of the FLDS Church. I am still waiting for a response to that request. The Department of Justice could play an important role in this effort. If the Colorado City-Hildale Marshal’s Office cannot function as a viable law enforcement agency, perhaps the authority in this area should be assumed by the federal government or the county sheriffs.
The FLDS Church has property and businesses in several states other than Arizona and Utah. Those states include Nevada, Texas, Idaho and Wyoming. The FLDS also has settlements in Mexico and British Columbia, Canada. The details of multi-state business operations, which may involve non-reporting of taxable income, have eluded the reach of state investigations. Communication and coordination among local, state and federal law enforcement agencies is an important key to the successful investigation and prosecution of crimes across jurisdictions.
More than 50 federal, state and local law enforcement agencies and the IRS met on June 11, 2008 in Las Vegas. That meeting was highly productive in identifying strategies to enhance our communication and information sharing. Access to evidence is critical to investigating these cases, and state law enforcement agencies’ resources are limited. For example, we are still attempting to get access to the four laptop
Arizona Attorney General Terry Goddard
Page 4
computers, 16 cell phones, and other records seized from the Cadillac Escalade in which Warren Jeffs was riding at the time of his arrest in August 2006. Texas authorities seized 83 computers and 400 boxes of documents from the YFZ Ranch in El Dorado, Texas, in April 2008. The processing, analysis, and sharing of such a large volume of physical and electronic evidence require more manpower than our state agencies can provide.
My Office continues to request federal cooperation in apprehending fugitives outside the borders of our state and country. We are working with the U.S. Marshal’s Office to apprehend a fugitive in an FLDS-related case, who is believed to have been hiding in Mexico for more than five years.
The closing of the private schools run by the FLDS Church following the arrest of Warren Jeffs in August 2006 is a continuing cause for concern. The majority of children in Colorado City-Hildale have not attended school in the Colorado City Unified School District since 2000 when approximately 1,000 children were withdrawn from the District by then FLDS leader Rulon Jeffs. Those children were subsequently enrolled in private schools run by the FLDS in Colorado City or home-schooled, but the FLDS-run private schools have remained closed since September 2006, and it appears that hundreds of children are not receiving an education.
Reportedly, Warren Jeffs ordered FLDS parents not to enroll their children in the public school system. However, only 12 parents have filed home-schooling affidavits as required by Arizona law. Children are consistently observed in the late morning playing on the streets throughout Colorado City and Hildale. We have also received information that boys as young as 12 years of age are sent out to work on construction sites. I am enlisting the help of our state school authorities and community advocates to enforce truancy laws and persuade parents to enroll their children in school.
Our collaborative efforts have helped ensure that victims have ready access to services. We have learned that outreach and support to victims must overcome the barriers unique to these communities such as geographic isolation, historical disputes with government, transportation barriers and lack of access to victim services and legal assistance. Safety Net agencies have provided legal assistance, housing, counseling, education and other forms of support to 1,200 victims in the Colorado City-Hildale area. Those victims include plural wives with children, teenage boys forced out of their homes and child brides. Child abuse reports have also increased dramatically in the region as a result of our outreach.
As a result of the ongoing Arizona-Utah partnership, significant progress has been made:
􀂃
The Safety Net program has increased access to human services and law enforcement agencies from Arizona and Utah. In 2004, Arizona established the first state-county building in Colorado City with offices and staff from the Arizona Department of Economic Security’s Child Protective Services and other public
Arizona Attorney General Terry Goddard
Page 5
programs along with the Mohave County Sheriff’s Office and Mohave County Attorney’s Office. These services are integrated with Utah state and county services based in St. George and Hurricane, Utah.
􀂃
Arizona and Utah collaborated in the development of a training curriculum (The Polygamy Primer and Safety Net Directory) to help child protection professionals better provide services to victims of domestic violence and child abuse who live in polygamous communities (available at www.azag.gov).
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Arizona established a 24-hour, toll-free helpline to provide outreach to child abuse and domestic violence victims. The SAFE TALK HELPLINE (866-9-SAFE-99) is promoted using billboards, bumper stickers, flyers and shoe cards. Calls are answered by professional counselors at Childhelp USA. Utah has established a similar toll-free helpline.
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The Arizona and Utah Legislatures have passed child bigamy statutes to give law enforcement officials better tools to prosecute crimes that involve plural marriages of underage girls to much older men.
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In February 2008, Jeffs was transferred to Mohave County, Arizona, where he awaits trial on 10 felony counts of sexual abuse of a minor, incest and conspiracy to commit sexual abuse.
􀂃
Arizona and Utah Peace Officer Standards and Training Boards (POST) continue to require the Colorado City-Hildale Marshal’s Office to comply with the law and standard law enforcement procedures.
􀂃
In 2006, Mohave County secured eight indictments against a number of Jeffs’ followers on charges of sexual abuse of a minor and conspiracy to commit sexual abuse. To date, five men have been convicted on such charges. One case was dismissed when a witness refused to cooperate. Another case resulted in an acquittal when there was no victim available to testify. One case remains pending.
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Two years ago the Arizona Legislature, motivated by the financial failure of the Colorado City School District, passed the Arizona school receivership law. In December 2006, on the day the new law took effect, my Office asked the Arizona Board of Education to place the district in receivership. The Colorado City School District superintendent and board have been removed and an independent receiver has been appointed.
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In 2006, the Utah courts took control of the United Effort Plan Trust (a subsidiary organization of the FLDS Church with assets worth almost $200 million) from Warren Jeffs. The Arizona and Utah Attorney General’s Offices worked together to petition the Utah probate court to replace Jeffs and his associates as trustees because they were using Trust assets to reinforce their power over followers. A
Arizona Attorney General Terry Goddard
Page 6
special fiduciary was appointed by the Utah court. He has been working to identify and protect the Trust’s assets. For the first time, the homesites in Colorado City and Hildale, previously owned by the Trust, have been subdivided and the special fiduciary is now working with residents to allow them to assume ownership of their homes.
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We have sponsored two training sessions with experts on authoritarian groups for Arizona and Utah law enforcement and human services professionals working with victims from polygamous communities.
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Attorney General Shurtleff and I have hosted four “Polygamy Town Halls” in St. George, Utah to provide opportunities for the Colorado City-Hildale residents to meet and discuss issues with law enforcement leaders. These forums have kept channels of communication open between victim advocates and members of the communities.
For too long, Warren Jeffs and his predecessors have ignored and violated the law. We are working to restore the rule of law in Colorado City and Hildale and to aid the victims who have suffered abuse. What has taken a century to build cannot be changed overnight. Step by step, we are making important changes, but a great deal of work still lies ahead. Enhanced local-state-federal cooperation and additional resources from federal law enforcement can make a big difference in investigating and prosecuting crimes and better protecting the thousands of followers of the FLDS from future abuse.
Thank you for your consideration and willingness to help with our efforts.



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Tonk PostPosted: Thu Jul 24, 2008 11:52 am

Testimony
United States Senate Committee on the Judiciary
Crimes Associated with Polygamy: The Need for a Coordinated State and Federal Response
July 24, 2008

Stephen Singular
,
July 24, 2008

Ladies and Gentlemen of the Senate Judiciary Committee,

I’m an investigative journalist and the author of 19 non-fiction books. Since 1985, I’ve been writing about that line where religion crosses over into criminal behavior. In early 2006, my wife, Joyce, suggested that I look into the story of Warren Jeffs and the FLDS, because she believed that women in particular would be interested in this story. She was right, and this is a significant point. Historically, societies can be measured by how they treat women and children.

That spring, I began traveling to Colorado City, Arizona, interviewing townspeople, ex-church members, and law enforcement. In 1953, Arizona had raided this community to root out the FLDS polygamous lifestyle, and had failed both legally and in terms of public opinion. Fifty years later, the state was employing criminal investigation techniques to target specific individuals who were breaking the law, and they were having success. Both Arizona and Utah were building a new approach to tackling what many have called religious terrorism.

One victory came with the capture of fugitive Warren Jeffs, the Prophet or leader of the FLDS. In September 2007, he was convicted on two counts of accomplice to rape for forcing a fourteen-year-old girl to marry her first cousin. Back in the 1970s, Jeffs was the principal of the FLDS-run Alta Academy, just outside Salt Lake City, and students there later described how he’d abused them emotionally and physically. His nephew, Brent Jeffs, eventually sued Warren and two of his brothers, alleging that when Brent was five, they’d repeatedly sodomized him in a bathroom in the school basement. Brent’s brother, Clayne, another victim of these attacks, committed suicide. In 2004, when Brent filed a lawsuit against the Prophet, Jeffs responded to this legal action the same way he had to the American government and our criminal justice system: he’d ignored them. As the FLDS Prophet, he’s also ignored:

1) The child labor laws of Arizona, Utah, and Nevada. Young FLDS boys were sent off to work in the church’s construction companies, and because they were hardworking and unpaid, the sect could underbid the competition and generate both private and government business. One FLDS-run company, New Era Manufacturing, has a Department of Defense contract for aircraft wheel and brake manufacturing worth $1.2 million. JNJ Engineering has an $11.3 million deal with the Las Vegas Valley Water District. A third FLDS company, Paragon Contractors Corporation, has been fined more than $10,000 by the U.S. Department of Labor for employing twelve-to-fifteen-year-old boys, and not paying them.

2) Jeffs ignored the Mann Act, which makes it illegal for minors to cross state lines for sexual purposes. As the Prophet, he routinely commanded men to marry women and teenage girls in secret ceremonies in Caliente, Nevada, across the border from the FLDS home base in the twin towns of Hildale, Utah, and Colorado City, Arizona.

3) Jeffs ignored the laws against bigamy and underage marriage in Arizona and Utah, selecting the men who’d receive new brides and joining them in “spiritual marriages.” These “plural wives” with dependent children then became eligible for welfare payments -- and welfare fraud. Colorado City has received eight times the welfare assistance of comparably-sized towns in the area. Despite violating these laws, Colorado City has been awarded $1.9 million from the U.S. Department of Housing and Urban Development to pave the streets and improve the fire department and water system; more than $12 million a year from Arizona in health insurance premiums for the poor; and a $2.8 million airport from Washington, D.C. The FLDS openly despises the American government while taking its money, a tactic they call “bleeding the beast.”

4) Jeffs ignored the fate of hundreds of teenage males in his community -- known as “Lost Boys” -- after they rebelled against forced child labor and his other harsh rules. He tossed them out of Colorado City and Hildale, leaving them to fend for themselves on the streets of St. George, Utah, Salt Lake City, and Las Vegas. Some of the young men broke laws and were arrested, burdening local police departments and publicly-funded social services.

5) Jeffs ignored outside law enforcement because the border towns’ police force was made up of FLDS members utterly loyal to their Prophet. After Jeffs had gone underground to avoid arrest, Colorado City Police Chief Fred Barlow wrote him the following letter: “Dear Uncle Warren, I would first like to acknowledge you as the one man that was and is called of God to stand at the head of his priesthood and the Kingdom of God on the earth in this day and time. I rejoice in the peace that comes over me when I follow the directives that you have sent to me through Uncle William Timpson...I am praying for you to be protected and yearn to be with you again...And I know that you have the right to rule in all aspects of my life...”

6) Jeffs ignored the genetic disorders caused by the sect’s inbreeding. In Colorado City and Hildale, Phoenix pediatric neurologist Dr. Theodore Tarby uncovered the largest occurrence in the world of a rare disease called Fumarese Deficiency, which produces overly large heads, misshapen brains, deformities, seizures, and even death. The severe condition was one more drain on public monies needed for medical care.

7) Following his arrest, Jeffs and his lawyers successfully fought efforts to get at FLDS financial records, stored on computers in the vehicle in which the Prophet had been traveling. No complete picture exists of the FLDS income streams that supported Jeffs’ lavish fugitive lifestyle, paid his colossal legal bills or other vast expenses. In 2003, the FLDS bought the Texas ranch for about $700,000. Today it has an assessed value of $20.5 million. Where did all the funds come from for these improvements, and for other purchases of land in South Dakota and more recently in Colorado? Has money been laundered or taxes evaded?

Until the FLDS is thoroughly investigated by those with subpoena power, the full extent of the sect’s sexual abuse, forced marriage, underage marriage, and financial schemes will remain unknown. A nationwide network now exists of people who’ve escaped the FLDS and understand its workings from the inside out. They’ve spent years trying to get law enforcement to investigate the sect more fully, are willing to testify against Jeffs and his church, and they’d welcome federal action. The FLDS has become both a national phenomenon and a national problem -- creating generations of victims spread across the Southwest. None of this is about religious freedom or faith, and FLDS members should not be treated any differently from any other American citizen. This is about uncovering and prosecuting individual criminal behavior by those who’ve violated state and federal laws, which is the best way to stop those who terrorize in the name of God. I respectfully ask you to consider these words and warnings from someone who’s spent more than two years investigating this sect. Thank you.



Joined: 25 Jul 2006
Posts: 765
Location: pray for rain
Tonk PostPosted: Thu Jul 24, 2008 11:53 am

Testimony of Dr Dan Fischer before Senate Judiciary Committee on July 24, 2008
Chairman and Members of the Committee, my name is Dan Fischer.
• I was born a third generation Polygamous Mormon. I grew up in the FLDS society. My wife was born fifth generation polygamous Mormon going back to when mainstream LDS were practicing polygamy. My father had three wives. I am or was the oldest of 36 children. At one time I had three wives.
• My grandfather spent 3 years in the Utah State Penitentiary for Polygamy. He had seven wives, and was the “prophet” of the precursor to current FLDS society in the late forties and early fifties (or at least was “prophet” until the last two leaders re‐wrote the history in the late eighties).
• I was born and raised in this society complete with my path in life being determined by the leadership. I was raised according to FLDS doctrine. I lived the changes in the doctrines during the 50s to the mid‐90s and have observed the changes since.
• My three wives were all married to me “by appointment”, as instructed by the FLDS leadership. Today, I’m monogamous and married to the second wife the leadership assigned me in 1973. We have been married 35 years this month. I had the very rare opportunity to obtain a college education in the sixties and seventies, graduating as a dentist in 1974. This was virtually unheard of then, as it is now.
• While I left the FLDS twelve years ago. I’ve witnessed for 50 years the pivotal changes that brought FLDS to what it is today.
• I am a cofounder with Micha Barach of The Diversity Foundation. Over the last four years, the foundation has been significantly engaged in helping about 230 expelled FLDS young people, most of them male. Most expenditures are for necessary psychological counseling, financial assistance, employment, housing an