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10th FLDS defendant pleads in federal indictment case; FLDS leader Seth Jeffs jailed until trial

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ST. GEORGE – A tenth member of the Fundamentalist Church of Jesus Christ of Latter Day Saints entered a plea of not guilty in federal court in St. George Monday on the heels of a federal indictment alleging he was part of a multimillion-dollar food stamp fraud and money laundering scheme.

In a separate hearing Monday, a federal judge denied pretrial release for South Dakota FLDS leader Seth Jeffs.

Rulon Mormon Barlow, of Hildale, Utah, booking photo posted Feb. 27, 2016 | Photo courtesy of Washington County Sheriff's Office, St. George News
Rulon Mormon Barlow, of Hildale, Utah, booking photo posted Feb. 27, 2016 | Photo courtesy of Washington County Sheriff’s Office, St. George News

Wearing shackles and an orange-striped jail uniform, Rulon Mormon Barlow, 45, arrived in court Monday before U.S. Magistrate Judge Robert T. Braithwaite, after turning himself in to law enforcement Saturday afternoon.

Rulon Barlow was found to be indigent by the court and was appointed a public defender. He will be represented by Joel Kittrell.

Rulon Barlow is the tenth of 11 members of the FLDS polygamous sect, which has historically claimed the twin cities of Hildale, Utah, and Colorado City, Arizona, as home base, to be charged in a two-count indictment unsealed in U.S. District Court, District of Utah, Tuesday.

Federal prosecutors allege the indicted FLDS members conspired to commit Supplemental Nutrition Assistance Program benefits fraud and money laundering. Prosecutors allege FLDS members receiving food stamp benefits were directed by church leaders to give their government-issued benefit cards to the church. Money from those accounts was spent at church-run stores and businesses and otherwise diverted, the indictment alleges.

Terms and stipulations for Rulon Barlow’s early pretrial release were negotiated and agreed upon by both sides prior to his initial appearance. Braithwraite signed the agreement, stating Rulon Barlow would be released from custody once he was taken back to Washington County Purgatory Correctional Facility for processing following Monday’s hearing.

As this report is published, an eleventh FLDS member named in the indictment, Kimball Dee Barlow, 51, of Hildale, is still at large.

“I think we’re down to one more – just thinking out loud,” Braithwraite said during Monday’s hearing. “Kimball Barlow, if he’s to turn himself in, sooner than later, the more likely he’ll have pretrial release and, the longer he doesn’t turn himself in, the more difficult it will be for him to get a pretrial release.”

A status hearing for Rulon Barlow and nine other defendants indicted in the case has been rescheduled from March 21 to March 22 at 1 p.m. in St. George’s federal court.

Also Monday, South Dakota Federal District Judge Danetta Wollman agreed with prosecutors that Seth Jeffs, the brother of incarcerated FLDS leader Warren Jeffs, is a flight risk and denied Seth Jeffs’ pretrial release. Wollman ordered Seth Jeffs transferred to St. George to face allegations in the indictment.

Among others named in the indictment, Nephi Steed Allred, Preston Yates Barlow and Hyrum Bygnal Dutson pleaded not guilty in court before Judge Braithwaite Friday.Allred surrendered himself to law enforcement Thursday and Preston Barlow and Hyrum Dutson surrendered themselves Friday.

Winford Barlow, Ruth Barlow and Kristal Dutson, also included in the indictment, were arrested Tuesday and booked into Washington County Purgatory Correctional Facility. The three entered pleas of not guilty in St. George’s federal court Wednesday and were released from custody Thursday under supervised release, which includes travel restrictions and GPS ankle monitors.

On Wednesday, FLDS leaders Lyle Jeffs and John Wayman also pleaded not guilty to the two-count indictment in federal court in Salt Lake City. A hearing for Wayman to determine if he will be jailed pending trial is scheduled for March 10. A similar hearing for Lyle Jeffs is set for March 7.

As the case moves forward, the potential penalty for the conspiracy count is five years in prison, while the money laundering count carries a potential penalty of 20 years in prison.

Persons arrested or charged are presumed innocent until found guilty in a court of law or as otherwise decided by a trier-of-fact.

Email: kscott@stgnews.com

Twitter: @STGnews

Copyright St. George News, SaintGeorgeUtah.com LLC, 2016, all rights reserved.


Nephi Allred jailed until trial; final FLDS member pleads in court

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ST. GEORGE – A federal judge denied release Wednesday for another leader of the Fundamentalist Church of Jesus Christ of Latter Day Saints, ruling he posed a serious risk of fleeing before trial. In a separate hearing, an eleventh FLDS member entered a plea of not guilty. Both men have been federally indicted in a multimillion-dollar food stamp fraud and money laundering scheme.

Nephi Steed Allred, of Colorado City, Arizona, appeared in federal court with defense attorney Jon Williams for a detention hearing before U.S. Magistrate Judge Robert T. Braithwaite.

After determining Allred to be a flight risk, Braithwaite ordered Allred to remain behind bars until trial. Allred has an option of appealing the decision to the trial judge.

Nephi Allred's defense attorney Jon Williams stands outside the courthouse Wednesday talking to family and friends of his client, St. George, Utah, March 2, 2016 | Photo by Sheldon Demke, St. George News
Nephi Allred’s defense attorney Jon Williams stands outside the courthouse Wednesday talking to family and friends of his client, St. George, Utah, March 2, 2016 | Photo by Sheldon Demke, St. George News

A trial date in the case has not been set.

Allred is one of 11 members of the polygamous sect charged in a two-count indictment unsealed last week in U.S. District Court, District of Utah. The indictment alleges that leaders orchestrated an elaborate food stamp fraud scheme to defraud the government.

Prosecutors allege those indicted diverted at least $12 million worth of government-issued food benefits by telling members to buy things and give them to the FLDS storehouse or by using the benefits in FLDS-owned stores without actually getting anything in return.

Federal prosecutors filed a motion to detain top FLDS leaders Lyle Jeffs, Seth Jeffs, John Wayman and Allred, arguing the four defendants are a “serious” flight risk and should not be released before trial.

At Allred’s detention hearing, Williams argued there are a set of conditions that can reasonably assure Allred’s appearance at trial.

“First and foremost, an ankle monitor,” Williams told the court. “Mr. Allred isn’t going anywhere that the government is not aware of with that ankle monitor on. There is another condition that he could report every day to pretrial services.”

After reminding the court that Allred is presumed innocent of the charges, Williams argued that in the government’s memorandum asking the court for detention of the four defendants, only a total of seven sentences are devoted to Allred, with none showing a connection to Allred being a flight risk.

The prosecution’s allegations are outdated in regard to Allred being a gifted accountant who used his business accounts to move money around for FLDS leader Warren Jeffs, Williams argued. Jeffs is serving a life sentence in Texas after being convicted of crimes related to marrying and sexually abusing underage girls.

“My understanding,” Williams said, “is Warren Jeffs has been in custody for 10 years now so, obviously, this information is very dated.”

Additionally, what the government overlooks, Williams said, is that Allred was not in Utah when the FBI raid in Hildale occurred last week.

The FBI left Allred a voice message, informing him about the warrant for his arrest, Williams said. Allred then returned the call to the FBI agent and told them where he was. Allred told the FBI agent that he would make the 12-hour drive back to Utah and turn himself in, Williams said. Allred kept in constant contact with the agent as he drove back.

“Is this the behavior of the man that intends to flee these charges and go to these places of hiding?” Williams asked the court.

Washington County Attorney Brock Belnap, who will participate in prosecuting the case as a Special Assistant U.S. Attorney, said the government’s concern about Allred boils down to the defendant allegedly helping to construct an elaborate system of hiding before and after Warren Jeffs was incarcerated.

Nephi Steed Allred, of Colorado City, Arizona, booking photo posted Feb. 25, 2016 | Photo courtesy of the Washington County Sheriff’s Office, St. George News
Nephi Steed Allred, of Colorado City, Arizona, booking photo posted Feb. 25, 2016 | Photo courtesy of the Washington County Sheriff’s Office, St. George News

Belnap argued that it demonstrates Allred has the knowledge, skill, ability and experience to evade law enforcement if he chooses.

In the FLDS community, Belnap told the court, if church members get crosswise with Warren Jeffs or Lyle Jeffs, those members will lose their family, church standing, homes and connection to the community. Therefore, Belnap said, there’s every reason to expect that, if leadership decides Allred needs to go, he’ll go.

“I think the fact that he cooperated with the FBI in turning himself in cuts in his favor,” Belnap said. “But it does not outweigh the overwhelming amount of evidence that shows that, should he or his leadership choose that it’s time for him to disappear, he’s got the ability to do so.”

Despite Williams’ arguments, Braithwaite ruled Allred poses a significant flight risk and said no conditions of release will reasonably assure Allred’s presence at trial.

Braithwaite said his decision is based in part on the following points:

The FLDS church has an elaborate system of moving and hiding members of the group to avoid law enforcement detection and detention.

The leader and prophet of the FLDS church, Warren Jeffs, is on record as saying, “No person, no court … has the authority to bring God into question what he has his prophets do … “

Allred has willingly participated with Warren Jeffs in the past to frustrate and prevent the efforts of law enforcement and the courts to effectively process criminal cases. Braithwaite referred specifically to an instance where the court issued a warrant for Warren Jeffs’ arrest in the past in conjunction with a Complaint for Flight to Avoid Prosecution, which placed Jeffs on the FBI’s 10 Most Wanted list.

“Despite that FBI notoriety, and this court’s follow-up authorization of tracking devices and other sophisticated surveillance of Mr. Jeffs,” Braithwaite said, “he eluded capture for an extended period of time until a fluke traffic stop unrelated to the federal warrant brought him into custody. The underground FLDS system of hiding places, elusively titled vehicles and regularly replaced cellphones served Mr. Jeffs well.”

Allred assisted in Warren Jeffs’ subterfuge and deception by acting as a caretaker and courier, relocating Warren Jeffs’ wives, acquiring a car for Jeffs’ use and asking if the title should be put “in a made up name,” and transferring envelopes of cash to help facilitate in various deceptions, the judge noted.

“This shows a willingness by the defendant,” Braithwaite said, “to facilitate the avoidance and to frustrate the ends of justice.”

Allred has the knowledge and ability to utilize the same system used by Warren Jeffs for his own benefit should he be released. As an accountant for the FLDS, Braithwaite said, Allred has the financial means to access funds as well as the incentive – since he is facing a maximum of 25 years behind bars if convicted – to flee and avoid trial and possible consequences in the case.

Braithwaite remanded Allred to the Washington County Purgatory Correctional Facility to await trial.

Kimball Dee Barlow

Kimball Dee Barlow, of Hildale, Utah, booking photo posted March 1, 2016 | Photo courtesy of Washington County Sheriff's Office, St. George News
Kimball Dee Barlow, of Hildale, Utah, booking photo posted March 1, 2016 | Photo courtesy of Washington County Sheriff’s Office, St. George News

Kimball Dee Barlow, 51, of Hildale, Utah, also appeared in federal court before Judge Braithwaite Wednesday and entered a plea of not guilty. Barlow turned himself in to law enforcement Tuesday morning.

Barlow, named in the federal indictment among 10 others, is the eleventh and final FLDS member taken into police custody on the charges.

Terms and stipulations for Barlow’s early pretrial release were negotiated and agreed upon by both sides prior to his initial appearance.

Braithwraite signed the agreement and ordered Barlow be released from custody under supervised release, which includes travel restrictions and GPS ankle monitors. Barlow was taken back to Washington County Purgatory Correctional Facility for processing following the hearing.

Persons arrested or charged are presumed innocent until found guilty in a court of law or as otherwise decided by a trier-of-fact.

Email: kscott@stgnews.com

Twitter: @STGnews

Copyright St. George News, SaintGeorgeUtah.com LLC, 2016, all rights reserved.

Trial date set for 11 FLDS members indicted in multimillion-dollar food stamp fraud case

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ST. GEORGE — Eleven members of the Fundamentalist Church of Jesus Christ of Latter Day Saints named in a federal indictment case alleging they took part in a multimillion-dollar food stamp fraud and money laundering scheme are scheduled to face trial in federal court in May.

A status hearing was held in federal court in St. George Tuesday before U.S. Magistrate Judge Robert T. Braithwaite to lay out the progress of the case, set a timeline for discovery matters and discuss other matters relevant to moving the case toward trial.

Defense attorneys leave the courthouse following a status hearing held in federal court for 11 members of the Fundamentalist Church of Jesus Christ of Latter Day Saints named in a federal indictment case alleging the 11 defendants took part in a multimillion-dollar food stamp fraud and money laundering scheme, St. George, Utah, March 22, 2016 | Photo by Kimberly Scott, St. George News
Defense attorneys leave the courthouse following a status hearing held in federal court for 11 members of the Fundamentalist Church of Jesus Christ of Latter Day Saints named in a federal indictment case alleging the 11 defendants took part in a multimillion-dollar food stamp fraud and money laundering scheme, St. George, Utah, March 22, 2016 | Photo by Kimberly Scott, St. George News

Braithwaite set a four-week jury trial in the matter for May 31. The case will be heard in Salt Lake City’s federal court before Judge Ted Stewart.

A “very large” courtroom is needed for this trial, defense attorney Aric Cramer said after the hearing, adding that the courtroom in Salt Lake City’s federal courthouse is the biggest courtroom in the state.

Also during Tuesday’s status hearing, Braithwaite ordered pretrial motions be filed by May 10 and for discovery to be provided to defendants in the case by April 15.

Defense counsel have three-plus terabytes of information to get through before trial, Cramer said, adding his office received a small disk of discovery in the mail Tuesday morning but there are still 89 more disks of discovery to come.

Braithwaite set a new status conference for April 27 at 9 a.m. before Stewart.

“It is unknown if this case will be resolved by a negotiated plea of some kind,” according to court documents signed Tuesday by Braithwaite. “If so, plea negotiations should be completed by May 17. If negotiations are not completed for a plea by the date set, the case will be tried.”

The 11 members of the FLDS polygamous sect, which has historically claimed the twin cities of Hildale, Utah, and Colorado City, Arizona, as home base, are charged in a two-count indictment unsealed in U.S. District Court, District of Utah, in February. Federal prosecutors allege the indicted FLDS members conspired to commit Supplemental Nutrition Assistance Program benefits fraud and money laundering.

Prosecutors allege FLDS members receiving food stamp benefits were directed by church leaders to give their government-issued benefits – in food and cash transfers – to the church, which collects and redistributes commodities to the community. Money from those accounts was spent at church-run stores and businesses and otherwise diverted, the indictment alleges.

Following their arrest, eight of the defendants named in the indictment were released from custody on pretrial conditions, including: Kimball Dee Barlow, Winford Johnson Barlow, Rulon Mormon Barlow, Ruth Peine Barlow, Hyrum Bygnal Dutson, Kristal Meldrum Dutson, Preston Yates Barlow and John Clifton Wayman.

In separate proceedings, the federal court ruled defendants Lyle Steed Jeffs, Seth Steed Jeffs and Nephi Steed Allred each pose a serious risk of fleeing before trial and remanded the three men to remain behind bars until trial.

While federal prosecutors maintain the FLDS food stamp fraud case has nothing to do with the polygamous sect’s religion, Cramer said he believes the case is about religion.

“Polygamy is a very easy whipping boy in Utah,” Cramer said, “and they continue to pick on these folks.”

Persons arrested or charged are presumed innocent until found guilty in a court of law or as otherwise decided by a trier-of-fact.

Email: kscott@stgnews.com

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Copyright St. George News, SaintGeorgeUtah.com LLC, 2016, all rights reserved.

Judge orders Seth Jeffs, leader in FLDS fraud case, released from jail

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ST. GEORGE — Seth Jeffs, leader of the Fundamentalist Church of Jesus Christ of Latter Day Saints polygamous sect in South Dakota, has been released from jail in a surprise decision Friday by U.S. District Judge Ted Stewart in Salt Lake City’s federal court.

Seth Jeffs, of South Dakota, booking photo posted Feb. 23, 2016 | Photo courtesy of Pueblo County Sheriff’s Office, St. George News
Seth Jeffs, of South Dakota, booking photo posted Feb. 23, 2016 | Photo courtesy of Pueblo County Sheriff’s Office, St. George News

Following his February arrest on a federal indictment alleging he was part of a multimillion-dollar food stamp fraud and money laundering scheme, South Dakota Federal District Judge Danetta Wollman agreed with prosecutors that Seth Jeffs, the brother of incarcerated FLDS leader Warren Jeffs, is a flight risk.

Wollman denied Seth Jeffs’ pretrial release and ordered the South Dakota FLDS bishop be extradited to Utah to face allegations in the indictment. Seth Jeffs was scheduled to appear in U.S. District Court Monday for a detention hearing. Stewart, instead, ordered his release pending trial Friday.

In an order setting the conditions of his release, Stewart is requiring Seth Jeffs to wear a GPS ankle monitor, surrender his passport and reside in St. George for at least the next 30 days. However, he is allowed to travel to South Dakota once a month to conduct water testing if he notifies U.S. marshals first.

In the order, Stewart forbade Seth Jeffs from traveling to Colorado City, Arizona, or from having any contact with those who are considered either alleged victims, potential witnesses and/or codefendants in the case, as well as Warren Jeffs and FLDS bishop Ben Johnson.

Federal prosecutors have argued that top FLDS leaders Seth Jeffs, Lyle Jeffs, John Wayman and Nephi Allred, all of whom were named in the indictment, are a “serious flight risk” and should not be released before trial. Prosecutors allege the four men aided Warren Jeffs in evading law enforcement a decade ago and had direct access to cash and an FLDS network of houses in the U.S., western Canada, Mexico and South America.

Lyle Jeffs booking photo, Davis County Jail, Utah, Feb. 23, 2016 | Photo courtesy of Davis County Sheriff's Office, St. George News
Lyle Jeffs, of Utah, booking photo posted Feb. 23, 2016 | Photo courtesy of Davis County Sheriff’s Office, St. George News

Stewart has now released three of those four men, who were initially ordered detained by other judges.

In all, 11 FLDS members were indicted in the food stamp case. Seven defendants were released after initial jail bookings.

Seth Jeffs’ release leaves only one defendant, his brother Lyle Jeffs, still behind bars out of 11 people charged. Lyle Jeffs’ status will be reviewed Wednesday before Stewart to determine if he will remain behind bars until trial.

A four-week jury trial in the matter is scheduled for May 31. The case will be heard in Salt Lake City’s federal court before Judge Ted Stewart.

Persons arrested or charged are presumed innocent until found guilty in a court of law or as otherwise decided by a trier-of-fact.

Email: kscott@stgnews.com

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Copyright St. George News, SaintGeorgeUtah.com LLC, 2016, all rights reserved.

Lyle Jeffs awaits judge’s pretrial release decision on day of FLDS prophesied apocalypse

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ST. GEORGE — Lyle Jeffs, who has been running the day-to-day operations of the Fundamentalist Church of Jesus Christ of Latter Day Saints polygamous sect, will have to wait for U.S. District Judge Ted Stewart’s decision to find out if he will be released from jail.

Lyle Jeffs booking photo, Davis County Jail, Utah, Feb. 23, 2016 | Photo courtesy of Davis County Sheriff's Office, St. George News
Lyle Jeffs booking photo, Davis County Jail, Utah, Feb. 23, 2016 | Photo courtesy of Davis County Sheriff’s Office, St. George News

Lawyers for Lyle Jeffs, the last defendant still jailed after the arrest of 11 FLDS members in February federally indicted on allegations of diverting at least $12 million worth of federal benefits, have asked Stewart to reverse Magistrate Judge Dustin Pead’s March 7 finding that no set of conditions could reasonably assure the defendant’s appearance in court for trial.

Fox 13 News reported that federal prosecutors in court Wednesday pushed to keep Jeffs in jail by arguing he still exercises great influence over the FLDS community and could interfere with witnesses or flee. Defense attorneys countered with a religious freedom argument — that the FLDS Church believes in “consecrating” things to their united order. Read more in this Fox 13 News report.

Stewart said he would need time to analyze hundreds of documents submitted by the prosecution and the defense before making a decision.

Wednesday’s hearing in Salt Lake City came with increased attention amid speculation that Warren Jeffs told FLDS members that an apocalypse would occur April 6, a date FLDS members believe to be Jesus Christ’s birthday. The FLDS church is an early 20th century offshoot of The Church of Jesus Christ of Latter-day Saints, which disavowed polygamy more than 100 years ago.

Members of the polygamous sect reportedly said they have been told that “it has been prophesied” that earthquakes will split and crumble the walls of the Salt Lake City federal building where Lyle was scheduled to appear, and the walls of the Texas prison where Warren is locked up, allowing both men to be set free.

This latest apocalyptic-revelation is allegedly the third or fourth such prophesy Warren Jeffs has shared with his followers.

FLDS Church members leave federal court on Wednesday, refusing to comment on Lyle Jeffs’ detention hearing. Salt Lake City, Utah, April 6, 2016 | Photo by and courtesy of Fox 13 News, St. George News
FLDS Church members leave federal court on Wednesday, refusing to comment on Lyle Jeffs’ detention hearing. Salt Lake City, Utah, April 6, 2016 | Photo by and courtesy of Fox 13 News, St. George News

At Wednesday’s federal court hearing related to the defense’s appeal of the defendant’s detention pending trial, Lyle Jeffs’ court-appointed attorney Kathryn Nester said her client is willing to accept conditions of supervised release, adding that anybody else charged with fraud and money laundering would be allowed out.

The defense has argued that it’s unusual in the federal system to hold white-collar defendants before a conviction, according to court documents, and that Stewart shouldn’t make an exception in this case.

Lyle Jeffs has no criminal record, the defense argued, and the prosecution’s evidence is outdated in regard to Lyle Jeffs allegedly helping his older brother, FLDS leader Warren Jeffs, evade law enforcement a decade ago. Warren Jeffs, who is considered a prophet by the polygamous sect, is serving a life sentence in Texas after being convicted of crimes related to marrying and sexually abusing underage girls he considered brides.

Federal prosecutor Robert Lund said Lyle Jeffs has proven fiercely loyal to Warren Jeffs, according to court documents, and that he obstructed justice during the mid-2000s to help Warren Jeffs remain a fugitive after he was placed on the FBI’s Top 10 most wanted list.

Fox 13 News reported as prosecutors brought up some evidence, Nester said Lyle Jeffs and other members of the FLDS faith attending the court hearing would object to what they heard because it speaks to their core beliefs. She asked that they be allowed to leave, and Judge Stewart allowed it. When prosecutors began to bring up dictations from Warren Jeffs talking about underage “marriages” within the polygamous church, FLDS members in the courtroom all stood up and walked out. Lyle Jeffs was escorted to a holding cell by U.S. Marshals, Fox 13 News reported.

Federal prosecutors have argued that top FLDS leaders Lyle Jeffs, Seth Jeffs, John Wayman and Nephi Allred are a “serious flight risk” and should not be released before trial. However, Stewart has recently released three of the four men, reversing decisions by other judges to detain them.

A four-week jury trial for all 11 defendants in the multimillion-dollar food stamp fraud and money laundering scheme is scheduled for May 31. The case will be heard in Salt Lake City’s federal court before Stewart.

Persons arrested or charged are presumed innocent until found guilty in a court of law or as otherwise decided by a trier-of-fact.

Email: kscott@stgnews.com

Twitter: @STGnews

Copyright St. George News, SaintGeorgeUtah.com LLC, 2016, all rights reserved.

FLDS bishop Lyle Jeffs jailed until trial

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ST. GEORGE — A federal judge has denied polygamous leader Lyle Jeffs’ request to be released from jail pending trial on food stamp fraud and money laundering charges, ruling Jeffs poses a serious risk of fleeing before trial.

Lyle Jeffs booking photo, Davis County Jail, Utah, Feb. 23, 2016 | Photo courtesy of Davis County Sheriff's Office, St. George News
Lyle Jeffs booking photo, Davis County Jail, Utah, Feb. 23, 2016 | Photo courtesy of Davis County Sheriff’s Office, St. George News

U.S. District Judge Ted Stewart issued a written ruling Thursday agreeing with prosecutors that no set of conditions could reasonably assure the defendant’s appearance in court for trial.

This makes Lyle Jeffs the only defendant still jailed in the case after the arrest of 11 members of the Fundamentalist Church of Jesus Christ of Latter Day Saints in February. Each were indicted on allegations of diverting at least $12 million worth of federal benefits.

As the bishop of Short Creek, Lyle Jeffs runs the daily affairs of the FLDS polygamous sect on the Utah-Arizona border. As such, Stewart said, there are significant concerns that Lyle Jeffs would intimidate witnesses and obstruct justice if released.

“Several witnesses have stated that defendant exercises considerable control over the people and businesses in Short Creek and that there are serious consequences for those that disobey him,” Stewart wrote. “The court is gravely concerned that defendant would use this influence to intimidate witnesses and obstruct justice.”

Stewart said there is evidence Lyle Jeffs has used aliases to avoid law enforcement and that he travels with armed guards who are “willing to take extreme efforts to protect him.”

Stewart also pointed to Lyle Jeffs’ actions while his brother, FLDS leader Warren Jeffs, was on the FBI’s Ten Most Wanted Fugitives list. Warren Jeffs, who is considered a prophet by the polygamous sect, is serving a life sentence in Texas after being convicted of crimes related to marrying and sexually abusing underage girls he considered brides.

“The evidence shows that Defendant acted as a courier and provided hundreds of thousands of dollars to the fugitive Jeffs, no doubt prolonging his flight from justice,” Stewart wrote. “While this information is dated, the fact that Defendant Lyle Jeffs was so willing to assist Jeffs in evading capture provides compelling evidence that he himself is a flight risk. All of this evidence weighs strongly in favor of detention.”

A four-week jury trial for all 11 defendants in the alleged multimillion-dollar food stamp fraud and money laundering scheme is scheduled for May 31. The case will be heard in Salt Lake City’s federal court before Stewart.

Persons arrested or charged are presumed innocent until found guilty in a court of law or as otherwise decided by a trier-of-fact.

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FBI arrests 3 FLDS members for violating pretrial release terms in food stamp fraud case

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ST. GEORGE — Three leaders in the Fundamentalist Church of Jesus Christ of Latter-Day Saints have been arrested for allegedly violating the terms of their pretrial release from jail in a multimillion-dollar food stamp fraud and money laundering case.

Seth Jeffs – brother to imprisoned FLDS leader Warren Jeffs – and John Wayman, a business owner and former bishop for the polygamous sect, were arrested Monday while Preston Barlow was arrested Tuesday. The three men were booked into Washington County Purgatory Correctional Facility after being accused of violating their pretrial release conditions.

Seth Jeffs, Wayman and Barlow appeared in court before U.S. Magistrate Judge Robert T. Braithwaite in St. George Tuesday afternoon where all three men entered a denial of the allegations for the time being.

FLDS members Seth Jeffs, John Wayman and Preston Barlow | Photos courtesy of the Washington County Sheriff’s Office, St. George News
FLDS members Seth Jeffs, John Wayman and Preston Barlow | Photos courtesy of the Washington County Sheriff’s Office, St. George News

Braithwaite scheduled a hearing for Aug. 9 in Salt Lake City’s federal court, where Judge Ted Stewart will consider whether Jeffs and Wayman should be released again pending trial. Barlow is to appear with his attorney, Scott Williams, before Braithwaite at 3 p.m. Wednesday.

Seth Jeffs, Wayman and Barlow are among 11 FLDS church members charged in February with misusing food stamps and diverting the money to front companies and buy equipment. They have pleaded not guilty.

Earlier this year, the three men had been released from jail pending trial. As part of their release agreement, the men were ordered to wear GPS ankle monitors and were prohibited from associating with potential witnesses or other defendants in the case.

However, according to an Aug. 2 amended petition to the court by the U.S. Probation Office, the GPS ankle monitors worn by the men showed Seth Jeffs, Wayman and Barlow at the same location on multiple occasions in July.

Wayman and Seth Jeffs were allegedly at the same location on three different days in July, according to the court document, and Seth Jeffs, Wayman and Barlow were together Friday. Wayman was also out past his 10 p.m. curfew on July 26.

Meanwhile, FBI agents have been searching for another defendant Lyle Jeffs since he escaped June 18 from home confinement.

Lyle Jeffs is the brother of the polygamous sect’s highest leader Warren Jeffs, who is serving a life sentence in Texas after being convicted of sexually assaulting underage girls he considered brides. Lyle Jeffs had been running day-to-day operations in the twin towns of Hildale, Utah, and Colorado City, Arizona.

Authorities said Lyle Jeffs likely used olive oil or another lubricant to slip off his GPS ankle monitor when he escaped home confinement in Salt Lake City last month.

Prior to their release, federal prosecutors argued that Lyle Jeffs, Seth Jeffs and Wayman were a “serious flight risk” and should not be released before trial.

Sam Brower, a private investigator who has been researching the FLDS church for the last 12 years, said he’s not surprised the men violated the terms of their pretrial release.

“They’re church leaders, they’re going to communicate with each other,” Brower said. “There’s no doubt in my mind that they’re in communication with Lyle Jeffs.”

With Lyle Jeffs on the run, Brower said after Tuesday’s hearing that it’s a relief having Seth Jeffs, Wayman and Barlow back behind bars.

“They really don’t deserve to be out on bail,” Brower said of the defendants.

Seth Jeffs’ attorney, Jay Winward, declined to comment on the new charges following Tuesday’s hearing.

Persons arrested or charged are presumed innocent until found guilty in a court of law or as otherwise decided by a trier-of-fact.

Email: kscott@stgnews.com

Twitter: @STGnews

Copyright St. George News, SaintGeorgeUtah.com LLC, 2016, all rights reserved.

Court orders FLDS fraud suspect released from jail, prohibits contact with Warren Jeffs

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ST. GEORGE — A leader in the Fundamentalist Church of Jesus Christ of Latter Day Saints was ordered to be released from custody during a federal court hearing Wednesday after it was found that he had not violated the terms of his pretrial release in a multimillion-dollar food stamp fraud and money laundering case.

Preston Barlow was arrested Tuesday on suspicion of violating conditions of his release agreement after his GPS ankle monitor showed he was in the same place as two of his co-defendants, Seth Jeffs and John Wayman, multiple times in late July.

Preston Barlow, of Hildale, Utah, booking photo posted Feb. 26, 2016 | Photo courtesy of the Washington County Sheriff’s Office, St. George News
Preston Barlow, of Hildale, Utah, booking photo posted Feb. 26, 2016 | Photo courtesy of the Washington County Sheriff’s Office, St. George News

Barlow – who is among 11 defendants arrested for allegedly diverting at least $12 million worth of food stamp benefits from FLDS members – had been released from jail pending trial with an agreement that he not associate with potential witnesses or other defendants in the case.

Barlow appeared in federal court with his attorney Scott Williams before U.S. Magistrate Judge Robert T. Braithwaite in St. George Wednesday after the U.S. Probation Office filed an Aug. 2 amended petition to the court stating that Barlow had violated his agreement.

The probation office, however, failed to take into account an April 14 stipulated order modifying conditions of Barlow’s release in which the court granted Barlow permission to have “communication with co-defendants, so long as said communication does not relate to this case.”

During Wednesday’s hearing, Washington County Attorney Brock Belnap, acting as a special assistant U.S. attorney in the case, told the court the government acknowledges the order modifying conditions of release and that it has no evidence as to whether Barlow had conversations with co-defendants regarding the case.

Belnap then asked the court to reinstate Barlow’s original conditions of release and to include among those conditions that Barlow be prohibited from having direct or indirect communication with the polygamous sect’s leader, Warren Jeffs, who is serving a life sentence in Texas after being convicted of sexually assaulting underage girls he considered brides.

Barlow’s attorney asked that if the government wants to seek a change of conditions that the government do so through proper procedure by appropriate petition with an appropriate period for the defense to respond and in a court hearing – “just like the defendant would have to do if the defendant wanted to,” Williams said.

Belnap followed by asking that the court impose the government’s requested change in conditions of Barlow’s release pending a hearing to resolve the matter.

In response, Braithwaite rescinded his April 14 order which allowed Barlow to have contact with his co-defendants.

“I don’t see any way, short of Mr. Barlow wearing a wire which the court doesn’t intend – I shouldn’t have signed that order because there’s no way you can police that to monitor what they are talking about, so I’m going to rescind that order,” Braithwaite said of the April 14 modified release agreement.

Braithwaite restored the original pretrial release terms put in place on Feb. 26 precluding Barlow from having communication with co-defendants and also imposed a preclusion of communicating with Warren Jeffs.

Braithwaite found Barlow had not violated his release agreement and ordered that he be released from custody following Wednesday’s hearing.

“It turns out that everyone agreed that the allegation that he violated his pretrial release conditions was in error – he did not,” Williams said outside the courthouse, adding:

It’s a bit rough to be jailed on a mistake but I’m not here to point fingers at this point. … We appreciate the fact that United States pretrial services, when they realized the circumstances and the actual conditions, were quick to seek to communicate with the judge and put things right. They worked quick.

Williams said he and his client will consider whether to appeal the change of conditions in Barlow’s release.

Persons arrested or charged are presumed innocent until found guilty in a court of law or as otherwise decided by a trier-of-fact.

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Copyright St. George News, SaintGeorgeUtah.com LLC, 2016, all rights reserved.


FLDS in chaos, short on food; Warren Jeffs sends brother on ‘repentance mission’

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ST. GEORGE — Members of the Fundamentalist Church of Jesus Christ of Latter Day Saints are in “serious chaos” and undergoing an “extreme food shortage” since leader Lyle Jeffs fled federal authorities, an attorney for a polygamous sect leader said in federal court Monday during the latest hearing in a multimillion-dollar food stamp fraud case.

During Monday’s detention hearings for top-ranking FLDS leaders John Wayman and Seth Jeffs, U.S. District Judge Ted Stewart heard arguments about whether the two men should be released from jail again after they allegedly violated their supervised release.

John Wayman and Seth Jeffs, leaders in the Fundamentalist Church of Jesus Christ of Latter-Day Saints have been arrested for allegedly violating the terms of their pretrial release from jail in a multimillion dollar food stamp fraud and money laundering case, Washington County, Utah, August 2016 | Photos courtesy of the Washington County Sheriff’s Office, St. George News
John Wayman and Seth Jeffs, leaders in the Fundamentalist Church of Jesus Christ of Latter-Day Saints have been arrested for allegedly violating the terms of their pretrial release from jail in a multimillion dollar food stamp fraud and money laundering case, Washington County, Utah, August 2016 | Photos courtesy of the Washington County Sheriff’s Office, St. George News

Defense attorneys for John Wayman and Seth Jeffs conceded Monday that their clients met on four occasions in late July at the direction of religious leaders; but they also argued that the men can still be trusted because the meetings weren’t held to talk about the case or devise an escape plan.

Instead, the men were making phone calls to a list of religious followers for a church meeting designed to bring stability to a group undergoing a major crisis, said Wayman’s attorney Jim Bradshaw, according to The Associated Press.

“They can have their religion,” Bradshaw said. “The government can’t stop that.”

During the hearings, Stewart said it appears as though Wayman and Seth Jeffs are “rationalizing” their actions based on their religion, making him worry about what else they will rationalize, the AP reported.

“He was told not to do it. He knew he would be discovered. Yet, he did it because he is motivated by a higher cause,” Stewart said of Wayman. “How is this court to believe he will not be motivated by a higher cause to flee?”

Stewart said he would be issuing a written ruling on whether Wayman and Seth Jeffs will be ordered to remain in custody until trial.

Warren Jeffs still calls the shots from prison

From inside a Texas prison cell, polygamous leader Warren Jeffs is ordering a complete reorganization of leadership within the FLDS church – sending his fugitive brother on a “repentance mission” and ordering members to be rebaptized, according to documents filed Aug. 8 in federal court.

The twin cities of Hildale, Utah, and Colorado City, Arizona, collectively known as Short Creek, straddle the Utah-Arizona border and are home base to thousands of FLDS members who consider Warren Jeffs to be the church’s prophet and mouthpiece of God on earth.

“My church order are out of order,” Warren Jeffs wrote to his followers in a June 3 letter in which he strips his fugitive brother, Lyle Jeffs, of “priesthood authority” after what he refers to as “a short revelation.”

Excerpt from Warren Jeffs letters:

Excerpt from Warren Jeffs letter 1

Excerpt from Warren Jeffs letter 2

Warren Jeffs, who is serving a sentence of life plus 20 years since his 2011 conviction on crimes related to marrying and sexually abusing underage girls he considered brides, continues to dictate the actions of the polygamous sect’s adherents, either through fear or loyalty, prosecutors allege in a court filing seeking to keep Wayman and Seth Jeffs behind bars as they await trial in the food stamp fraud case.

Former FLDS bishop Lyle Jeffs is a federal fugitive from those charges, after he fled home confinement in mid-June in order to carry out the dictates of Warren Jeffs, assistant U.S. Attorney Rob Lund wrote in the motion.

Warren Jeffs has since named a new bishop of Short Creek, replacing one brother, Lyle Jeffs, with another, Nephi Jeffs.

Warren Jeffs calls for United Order members to be rebaptized

Warren jeffs new mug shot, releasing rape tapes unethical
Warren Jeffs booking photo | Photo courtesy of Texas Department of Criminal Justice, St. George News

The imprisoned prophet has also placed his followers on “restoral status,” meaning they must renew their commitment to the FLDS church. And, Warren Jeffs wrote in a 10-page letter dated June 3, anyone who doesn’t follow his orders will be banished and sent “far away.”

Court documents filed Aug. 8 reveal that Warren Jeffs recently disbanded the polygamous sect’s United Order – traditionally known as an elite echelon established under Lyle Jeffs in which members are assured a spot in heaven in return for loyalty, faithfulness and obedience to restrictions on diet, mainstream media and other lifestyle choices.

As bishop, Lyle Jeffs had conducted frequent interviews with FLDS members in Short Creek to determine who was worthy of the United Order.

In a June 7 letter, Warren Jeffs directs Lyle Jeffs to convert all of the United Order members back to “Restoral Order status” and for them to be reinterviewed, rebaptized and reconfirmed into the United Order.

Warren Jeffs sends brother on repentance mission

Booking photo of Lyle Jeffs, Weber County Sheriff's Office, Utah, 2016 | Photo courtesy of the FBI Salt Lake City Division; St. George News
Lyle Jeffs booking photo | Photo courtesy of the FBI Salt Lake City Division; St. George News

In an audio recording transcript documenting a June 25 prison visit by two Jeffs wives, Warren Jeffs sends a message to Lyle Jeffs reminding him that he only possesses the authority that Warren Jeffs grants him. Warren Jeffs threatens to excommunicate Lyle Jeffs and send him away if he doesn’t do as Warren Jeffs commands.

Shortly thereafter, in a letter dated July 7 to Nephi Jeffs, Warren Jeffs dismisses Lyle Jeffs as bishop, strips him of all priesthood power and sends him away on a repentance mission.

In his lengthy instructions to Nephi Jeffs, Warren Jeffs noted that each of Short Creek’s recent bishops had failed: “Each one has had the great sin of finding comfort in women’s attention,” Warren Jeffs said, warning: “Do not gossip with the family of Warren Jeffs.”

Nearly a month after Lyle Jeffs fled federal custody, he wrote a letter to Warren Jeffs dated July 16. In it he said:

I seek yours and the Lord’s forgiveness for the hesitation and any fear that was a part of me and pray that it will never show its ugly head again. I do feel the gentle peace of the sweet Spirit seeking to continually increase in becoming like God in everything I do, that is be of and by Him, through you dear father. You are my Priesthood head and have the right to rule in my life, and I love to have it so. Please continue to teach and correct me where necessary in polishing me into the likeness of God which I see and feel in you.

The letter also includes lines indicating unrest within the FLDS community.

“The devil is raging in the hearts of the youth, many leaving,” Lyle Jeffs wrote. “Groups of females on their own going out in the world to get jobs cleaning motels, no checking in and giving into the world.”

Twelve members of the polygamous sect were arrested and indicted in February on charges of diverting at least $12 million worth of federal benefits. All the defendants have pleaded not guilty to fraud and money laundering charges.

Prosecutors allege sect leaders instructed followers to buy items with their food stamp cards and give them to a church warehouse where leaders decided how to distribute products to followers. Food stamps were also allegedly cashed at sect-owned stores without the users getting anything in return. The money was then diverted to companies and used to pay thousands of dollars for a tractor, truck and other items, prosecutors said.

Members of the FLDS sect believe polygamy brings exaltation in heaven. The group is an offshoot of mainstream Mormonism, which disavowed polygamy more than 100 years ago.

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Copyright St. George News, SaintGeorgeUtah.com LLC, 2016, all rights reserved.

FBI offers $50,000 reward for fugitive polygamous leader Lyle Jeffs’ capture

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ST. GEORGE — Federal authorities are offering a $50,000 reward to the person or persons who provide information leading to the arrest and conviction of polygamous sect leader Lyle Steed Jeffs, whom authorities said they believe is hiding in Utah.

We believe that Lyle Jeffs may still be in the United States and, indeed, in Utah, so public awareness is key,” FBI Special Agent in Charge Eric Barnhart said at a press conference held Monday to discuss the reward, as well as new information in the fugitive search for Lyle Jeffs.

Lyle Jeffs was released from jail on June 9 and ordered to home confinement while awaiting trial on accusations he helped orchestrate a multimillion-dollar food stamp fraud scheme within the Fundamentalist Church of Jesus Christ of Latter Day Saints.

“We believe during the evening hours of June 18, (Lyle Jeffs) was able to slip (off) his GPS bracelet,” Barnhart said. “We believe he did so in a premeditated fashion and with assistance.”

FBI investigations revealed that after absconding, Lyle Jeffs spent time in the Short Creek area in July, Barnhart said Monday.

The twin cities of Hildale, Utah, and Colorado City, Arizona – collectively known as Short Creek – straddle the Utah-Arizona border and are home base to thousands of FLDS members who consider Warren Jeffs to be the church’s prophet and mouthpiece of God on Earth.

Federal authorities said they have indications that during Lyle Jeffs’ time on the lam in Short Creek, he was in communication with his brother, Warren Jeffs, who is serving a sentence of life plus 20 years in a Texas prison since his 2011 conviction on crimes related to marrying and sexually abusing underage girls he considered brides.

Barnhart said Monday that the FBI believes Lyle Jeffs received directions from Warren Jeffs that Lyle Jeffs did not follow to the imprisoned prophet’s satisfaction due, in part, to Lyle Jeffs’ concerns of being arrested by law enforcement.

“Don’t know how to characterize it,” Barnhart said, “but it could possibly be a fracturing of the leadership of the FLDS church.”


READ MORE: FLDS in chaos, short on food; Warren Jeffs sends brother on ‘repentance mission’


Despite his potential falling out with Warren Jeffs, FBI officials said they still believe Lyle Jeffs has supporters who are willing to hide him and keep him from being arrested.

“When somebody has folks willing to hide them, you can stay hidden for a while, but not forever,” Barnhart said, adding, “As you recall, his brother was placed on our FBI Top 10 Most Wanted list in May of 2006 and he’s, of course, now down in prison in Texas, so it’s really just a matter of time.”

lyle-jeffs-rewardBarnhart said the FBI has been receiving a steady flow of tips about Lyle Jeffs since he absconded, and that it is vetting all of them.

“What we’re hoping, though, that there may be some opportunities where some people may not feel the same loyalty to Lyle now that they did, say back in June,” Barnhart said, “and that may present an opportunity.”

Twelve members of the polygamous sect were arrested and indicted in February on charges of diverting at least $12 million worth of federal benefits. All the defendants have pleaded not guilty to fraud and money laundering charges.

Prosecutors allege sect leaders instructed followers to buy items with their food stamp cards and give them to a church warehouse where leaders decided how to distribute products to followers. Food stamps were also allegedly cashed at sect-owned stores without the users getting anything in return. The money was then diverted to companies and used to pay thousands of dollars for a tractor, truck and other items, prosecutors said.

Anyone with information on Lyle Jeffs’ whereabouts is asked to call the FBI Salt Lake City Field Office at 801-579­-1400 or a local FBI office.

“His ultimate capture may not depend on this reward,” Barnhart said, “but it’s certainly not going to hurt to get it back out there in the public’s awareness.”

Description of Jeffs

  • Name:         Lyle Steed Jeffs
  • Age:              56 years old
  • Race:            White
  • Height:         6’1″
  • Weight:        210 pounds
  • Hair color:   Brown
  • Eye color:     Brown

Persons arrested or charged are presumed innocent until found guilty in a court of law or as otherwise decided by a trier-of-fact.

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FLDS member receives get out of jail free card with guilty plea

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ST. GEORGE — One of the 11 defendants charged in the polygamous Fundamentalist Church of Jesus Christ of Latter Day Saints multimillion-dollar food stamp fraud case has been released from jail after striking a plea deal with federal prosecutors.

Initially charged with one felony count of conspiracy to defraud the nutrition assistance program and one count of conspiracy to launder money, John Clifton Wayman, 57, pleaded guilty in federal court Thursday to a lesser count of using Supplemental Nutrition Assistance Program benefits contrary to the law.

His plea agreement came hours after U.S. District Court Judge Ted Stewart rejected a request to release Wayman and Seth Jeffs – brother to imprisoned FLDS leader Warren Jeffs – from jail pending trial. The judge had agreed with federal prosecutors that the two men couldn’t be trusted to follow the court’s orders and shouldn’t be released from jail.

Wayman, a former bishop for the polygamous sect, had been in jail for six months after being arrested for violating a court order prohibiting him to have contact with other defendants. However, after the deal was signed Thursday, Wayman was immediately released from Davis County Jail with time-served.

In the plea deal with federal prosecutors, Wayman admitted in U.S. District Court that he knowingly diverted Supplement Nutrition Assistance Program benefits totaling at least $5,000 to people who weren’t eligible to receive them.

Under the deal, Wayman will not have to serve probation, does not have to pay a fine or restitution – other than a $100 court fee – and does not have to testify or cooperate with the government. Federal prosecutors and the FBI have also agreed not to pursue charges against Wayman for any other crimes that they may be aware of. He also must attend a Department of Agriculture training class on the proper use of SNAP benefits.

Wayman was among 11 defendants indicted in February on food stamp fraud and money laundering charges for allegedly diverting at least $12 million worth of food stamp benefits from FLDS members. Prosecutors had alleged that Wayman was one of the church leaders who counseled sect members to turn over their SNAP benefits to the FLDS Church.

Wayman’s plea agreement is the first among the 11 FLDS Church members charged. Other defendants are expected to follow, with the exception of Lyle Jeffs, who fled from custody in the summer. The government said no deal had been offered to Lyle Jeffs, who also served as a bishop in the FLDS Church.

In court, Assistant U.S. Attorney Robert Lund said the resolution would help deter a “culture of fraud” in the FLDS community, FOX News reported.

“These people are extremely poor. There’s not $12 million in that community to pay restitution,” Lund told reporters outside the courthouse, adding that the government – not individual investors – was the victim. “We’re willing to eat that cost.”

Persons arrested or charged are presumed innocent until found guilty in a court of law or as otherwise decided by a trier-of-fact.

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Copyright St. George News, SaintGeorgeUtah.com LLC, 2016, all rights reserved.

2nd FLDS leader changes plea, gets out of jail free

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ST. GEORGE — Another high-ranking leader in the polygamous Fundamentalist Church of Jesus Christ of Latter Day Saints charged in a multimillion-dollar food stamp fraud case has been released from jail after accepting a plea deal with federal prosecutors.

During a change of plea hearing Wednesday in Salt Lake City’s U.S. District Court, Seth Jeffs, brother of imprisoned polygamist leader Warren Jeffs, pleaded guilty to Supplemental Nutritional Assistance Program fraud.

Under the plea deal, Seth Jeffs, who runs the group’s South Dakota compound, was sentenced to time-served – approximately six months in jail. He will not have to serve probation nor pay restitution and he and his family will not be prosecuted further in the case. He will have to attend a government training class on the proper use of SNAP benefits.

The deal is similar to the one accepted last week by Seth Jeffs’ codefendant, John Wayman, who was also immediately released from jail after entering a guilty plea.

Seth Jeffs and Wayman were among 11 defendants indicted in February on food stamp fraud and money laundering charges for allegedly diverting at least $12 million worth of food stamp benefits from FLDS members.

Prosecutors had alleged that the men counseled sect members to turn over their SNAP benefits to the FLDS Church, using them to fund leaders’ lavish lifestyles.

Other defendants in the case have also been offered deals and negotiations are ongoing, with the exception of Lyle Jeffs, who served as a bishop in the FLDS Church and fled from police custody in the summer. The government said no deal had been offered to Lyle Jeffs.

Outside the courthouse, Seth Jeffs’ attorney, Jay Winward, suggested to FOX 13 Reporter Ben Winslow that his client was prosecuted because he is related to Warren Jeffs.

“This is an investigation that’s gone on for five years. I’m not certain in any other circumstance with any other people, the U.S. government wouldn’t simply ask them to stop what they were doing rather than indicting them,” Winward told FOX 13.

However, the terms of the deals offered to the defendants have evoked criticism from those who see it as a “slap on the wrist” for allegedly carrying out a fraud scheme that bilked taxpayers out of more than $12 million over the course of five years.

Sam Brower, a private investigator who has been researching the FLDS church for the last 12 years, posted a statement on Facebook, noting that Seth Jeffs was already a convicted felon and that it was unjust that he will not even have to serve probation under the deal.

Brower added:

It is the most insane, incompetent, disturbing, and disgraceful miscarriage of justice I’ve ever seen. A deadbeat dad, whose (sic) previously lied to the court, was released with absolutely zero consequences for his actions! Seth could care less if (he) carries another felony. It only increases his stature in the FLDS hierarchy! It would have been better if the US attorneys office never prosecuted the case to begin with, than to hand a gift like this over to Warren Jeffs and his cabal!!!

Assistant U.S. Attorney Rob Lund told FOX 13 he did not believe the government would be able to recover $12 million, which is why they opted not to seek restitution.

“The people in that community — including some of the defendants — are among the poorest people that live in Utah,” Lund said. “They have no ability to pay restitution.”

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6 FLDS members strike plea deals in multimillion-dollar food stamp fraud case

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ST. GEORGE — Six of the 11 defendants charged in the polygamous Fundamentalist Church of Jesus Christ of Latter Day Saints multimillion-dollar food stamp fraud case struck plea deals with federal prosecutors Wednesday in U.S. District Court in St. George.

Initially charged with one felony count of conspiracy to defraud the Supplemental Nutrition Assistance Program and one count of conspiracy to launder money, the six FLDS members pleaded guilty to a lesser misdemeanor count of using SNAP benefits contrary to the law.

During Wednesday’s hearing before U.S. Magistrate Judge Robert T. Braithwaite, defendants Kimball Dee Barlow, Winford Johnson Barlow, Rulon Mormon Barlow, Ruth Peine Barlow, Hyrum Bygnal Dutson and Kristal Meldrum Dutson admitted to knowingly diverting SNAP benefits to people who weren’t eligible to receive them.

FLDS co-defendant Preston Yates Barlow is also expected to accept a plea deal. However, his attorney was out of the country Wednesday, and his case will be heard at a later date.

Under the deal, upon pleading guilty to the fraud, the six defendants – who each received the exact same sentence – will not have to serve jail time or probation, and they do not have to pay restitution. The defendants will have to attend a government training class on the proper use of SNAP benefits.

The deals are similar to those accepted earlier this month by co-defendants John Wayman and Seth Jeffs, two high-ranking leaders of the polygamous sect who were both immediately released from jail after entering guilty pleas.

Nephi Steed Allred, who still has a suppression motion pending, and fugitive FLDS leader Lyle Jeffs, who has not been offered a deal since fleeing from police custody, are the only two remaining defendants of the 11 defendants indicted by a federal grand jury in February 2016 on food stamp fraud and money laundering charges.

Assistant U.S. Attorney Robert Lund (right) arriving at the courthouse Wednesday morning, St. George, Utah, Jan. 4, 2017 | Photo by Sheldon Demke, St. George News
Assistant U.S. Attorney Robert Lund (right) arriving at the courthouse Wednesday morning, St. George, Utah, Jan. 4, 2017 | Photo by Sheldon Demke, St. George News

The defendants allegedly ordered FLDS members to hand over SNAP benefits to church leaders. Federal prosecutors have alleged that the fraud scheme bilked taxpayers out of more than $12 million over the course of five years.

However, outside the courthouse Wednesday, Assistant U.S. Attorney Robert Lund said the exact number of financial loss is difficult to determine.

“With regard to the loss figure that’s mentioned in the indictment, that is not a figure that relates to an easily verifiable figure,” Lund said. “In typical fraud cases, we’re able to determine what investors donated what amount of money and it’s easy to determine. In this case, that figure relates to fraud indicators so, it’s more an estimation than it is an exact figure of loss.”

Regarding the result of the case, Lund said federal prosecutors believe they were able to achieve an appropriate outcome.

“The goal of this prosecution was to try to stop the diversion of SNAP benefits and ensure that needy families receive the food that they’re entitled to have,” Lund said. ” … For the government, we feel like we’ve achieved the goals of this prosecution.”

Outside of the courtroom, defense attorney Aric Cramer and his client, Kristal Dutson, appear pleased with a plea deal struck with federal prosecutors, St. George, Utah, Jan. 4, 2017 | Photo by Sheldon Demke, St. George News
Outside of the courtroom, defense attorney Aric Cramer and his client, Kristal Dutson, appear pleased with a plea deal struck with federal prosecutors, St. George, Utah, Jan. 4, 2017 | Photo by Sheldon Demke, St. George News

Aric Cramer, Kristal Dutson’s defense, said the case should never have been brought in the first place and that he believes it would have been a tough case for prosecutors to prove.

“I think it was a good deal for my client even though I don’t believe she was guilty of any crime,” Cramer said, “but to avoid the risks of going to trial and having the jury feel that she may have been a conspirator in some function, having a misdemeanor won’t adversely affect her life.”

However, not everyone is pleased with the results of the case.

After learning of the plea deals, Sam Brower, a private investigator who has been researching the FLDS church for the last 12 years, called Seth Jeffs’ deal “the most insane, incompetent, disturbing and disgraceful miscarriage of justice” he had ever seen.

“It would have been better if the US attorneys office never prosecuted the case to begin with,” Brower said in a statement on Facebook last week.

Echoing Brower’s sentiments, Brenda Nicholson, a former sect member and vocal critic of the FLDS, posted the following statement on Facebook:

Utah, once again I am ashamed of you and appalled at the lack of justice that exists where religion enters the equation. Shame on you. Shame on the incompetent prosecution and shame on Judge Stewart for accepting such insane plea deals.

Email: kscott@stgnews.com

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Copyright St. George News, SaintGeorgeUtah.com LLC, 2017, all rights reserved.

BREAKING NEWS: Fugitive FLDS polygamous leader Lyle Jeffs arrested

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ST. GEORGE — Fundamentalist Church of Jesus Christ of Latter Day Saints polygamous sect leader Lyle Steed Jeffs is in police custody after nearly a year on the lam, the FBI Field Office in Salt Lake City announced Thursday.

Lyle Jeffs booking photo | Photo courtesy of the FBI Field Office in Salt Lake City, St. George News

Jeffs, 57, was arrested in South Dakota around 8:30 p.m. Wednesday. He was booked into the Minnehaha County Jail in Sioux Falls just before midnight on a U.S. Marshals hold. He is being held without bond.

Few details of the capture were immediately provided. The FBI is expected to hold a news conference in Salt Lake City on Jeffs’ arrest Thursday afternoon.

Jeffs and 11 co-defendants, also members of the polygamous sect, were arrested in February 2016 on charges of diverting at least $12 million worth of federal benefits from the Supplemental Nutrition Assistance Program.

Jeffs and other leaders were accused of instructing followers to buy items with their food stamp cards and give them to a church warehouse where leaders decided how to distribute products to followers.

Lyle Jeffs was released from jail on June 9, 2016, and ordered to home confinement while awaiting trial on accusations he helped orchestrate a multimillion-dollar food stamp fraud scheme within the FLDS church.

FBI officials said they believe Lyle Jeffs used olive oil to slip off his GPS ankle bracelet during the evening hours of June 18, 2016, and abscond from home confinement in Salt Lake City.

FBI investigations revealed that after absconding, Lyle Jeffs spent time in the Short Creek area in July 2016.

The twin cities of Hildale, Utah, and Colorado City, Arizona – collectively known as Short Creek – straddle the Utah-Arizona border and are home base to thousands of FLDS members who consider Warren Jeffs to be the church’s prophet and mouthpiece of God on Earth.

In August 2016, federal authorities announced they were offering a $50,000 reward to the person or persons who provide information leading to the arrest and conviction of Lyle Jeffs and elevated Jeffs to the FBI’s “Most Wanted” list.

Meanwhile, Jeffs’ co-defendants resolved their cases by pleading guilty to felony or misdemeanor charges. All avoided jail time or paying restitution.

Persons arrested or charged are presumed innocent until found guilty in a court of law or as otherwise decided by a trier-of-fact.

Email: kscott@stgnews.com

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Copyright St. George News, SaintGeorgeUtah.com LLC, 2017, all rights reserved.

FBI officials release details about Lyle Jeffs’ capture

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ST. GEORGE — Fundamentalist Church of Jesus Christ of Latter Day Saints polygamous sect leader Lyle Steed Jeffs, who had been on the run from authorities for almost a year, did not resist arrest Wednesday night in South Dakota, officials said Thursday at a news conference in Salt Lake City.

Jeffs had been living out of his car for two weeks before his arrest in Yankton, which is located approximately six hours east of Pringle, South Dakota, where the FLDS owns a compound.

“From the beginning of this fugitive hunt, we said that this will be the public and local law enforcement, and that proved to be true,” FBI Special Agent in Charge Eric Barnhart said Thursday, noting that the FBI had received a tip Tuesday from a citizen reporting an individual matching Lyle Jeffs’ description.

The information provided by the tipster – including a description of the make, model, color and plate of Jeffs’ vehicle – was “absolutely instrumental” to tracking down Jeffs, Barnhart said.

Just after 8 p.m. Wednesday, Jeffs’ vehicle was spotted by the Yankton Police Department’s acting chief, who was off-duty at the time, near a recreation area marina in Yankton, Barnhart said.

Jeffs, who was alone at the time, was leaving the area when additional law enforcement agencies arrived and conducted a felony stop on his vehicle. He was arrested and transported to the Minnehaha County Jail in South Dakota where he is being held without bond. He was scheduled to make his initial appearance in the U.S. Courthouse in Sioux Falls Thursday afternoon.

Now that he’s back into the loving embrace of law enforcement, we will try and patch together a timeline of where he was and with whom he interacted,” Barnhart said, noting that officials have no solid evidence that anyone was helping him in his fugitive status.

Jeffs escaped house arrest last summer after using olive oil to slip a GPS tracking bracelet off his ankle and abscond from home confinement in Salt Lake City while awaiting trial on accusations he helped orchestrate a multimillion-dollar food stamp fraud scheme within the FLDS church.

Jeffs and other leaders were accused of instructing followers to buy items with their food stamp cards and give them to a church warehouse where leaders decided how to distribute products to followers, diverting at least $12 million worth of federal benefits from the Supplemental Nutrition Assistance Program.

U.S. Attorney for the District of Utah John Huber said Thursday that Jeffs’ flight from prosecution and his fugitive status will undoubtedly play a significant part in his upcoming prosecution.

When you flee a federal indictment, the long arm of the law will eventually catch up with you and bring you back to justice,” Huber said. “… A trial team comprised of our top prosecutors and investigators eagerly await the opportunity to give Mr. Lyle Jeffs his day in court.”

Officials have always viewed Lyle Jeffs as the lead defendant in the food stamp fraud case, Huber said Thursday, noting that the prosecution’s approach with Jeffs “will in no way resemble the way we have handled and processed the other defendants in this case.”

Jeffs’ 11 co-defendants resolved their cases by pleading guilty to felony or misdemeanor charges. All avoided jail time or paying restitution.

Because he fled prosecution, Huber said Jeffs will likely face at least another felony charge.

“It’s a serious offense to flee justice and we do not take it lightly,” Huber said. “We do not give up, you’re not going to get away with it, the FBI and their partners will find you, a conscientious public will step up and do the right things and report the things that trouble them, and you will be brought back to court and your problems will be deeper and more serious.”

Jeffs is expected to be extradited to Utah in the next couple of days.

Officials are determining whether the tipster qualifies to receive a $50,000 reward offered by the FBI for Lyle Jeffs’ capture and conviction.

“We want to do what’s right because without this person’s assistance, we wouldn’t be here today,” Barnhart said. “… The reward was up to $50,000 so, our aim is to get it out to deserving people, if they qualify.”

The tipster provided “very solid information,” Barnhart said, adding that he knew it was just a matter of time before someone spotted Jeffs while he was on the run.

“He may not have been in physical custody from that moment that he fled almost a year ago until last night,” Barnhart said, “but he spent that whole time, I’m sure, looking over his shoulder wondering about every police officer he saw, every highway patrolman and what person would eventually give him up.”

Persons arrested or charged are presumed innocent until found guilty in a court of law or as otherwise decided by a trier-of-fact.

Email: kscott@stgnews.com

Twitter: @STGnews

Copyright St. George News, SaintGeorgeUtah.com LLC, 2017, all rights reserved.


FLDS polygamous leader Lyle Jeffs faces new felony charge

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ST. GEORGE — A federal grand jury has issued a new indictment against Fundamentalist Church of Jesus Christ of Latter Day Saints polygamous sect leader Lyle Steed Jeffs.

Jeffs, who had been on the run from authorities for nearly a year prior to his recent arrest, has been charged with a new felony count for failure to appear. Prosecutors filed the charge in federal court in Salt Lake City on Wednesday.

If convicted, Jeffs could potentially face up to 10 years in prison on the new charge.

Jeffs escaped from home confinement in Salt Lake City in June 2016 but was picked up by law enforcement in South Dakota last week after he pawned two pairs of pliers.

Authorities said Jeffs was alone and had been living out of his truck at the time of his arrest.

Before absconding last year, Jeffs was awaiting trial on accusations he helped orchestrate a multimillion-dollar food stamp fraud scheme within the FLDS church. Jeffs is still facing two felony charges in that matter.

Jeffs and other leaders were accused of instructing followers to buy items with their food stamp cards and give them to a church warehouse where leaders decided how to distribute products to followers, diverting at least $12 million worth of federal benefits from the Supplemental Nutrition Assistance Program.

U.S. Attorney for the District of Utah John Huber said Thursday that Jeffs’ flight from prosecution and his fugitive status will undoubtedly play a significant part in his upcoming prosecution.

Jeffs’ 11 co-defendants resolved their cases by pleading guilty to felony or misdemeanor charges. All avoided jail time or paying restitution.

Because he fled prosecution, Huber said Jeffs won’t likely be offered a plea deal.

Officials have always viewed Lyle Jeffs as the lead defendant in the food stamp fraud case, Huber said last week, noting that the prosecution’s approach with Jeffs “will in no way resemble the way we have handled and processed the other defendants in this case.”

Persons arrested or charged are presumed innocent until found guilty in a court of law or as otherwise decided by a trier-of-fact.

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Copyright St. George News, SaintGeorgeUtah.com LLC, 2017, all rights reserved.

FLDS polygamous leader Lyle Jeffs pleads not guilty

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ST. GEORGE — Fundamentalist Church of Jesus Christ of Latter Day Saints polygamist leader Lyle Jeffs entered a not guilty plea in federal court Monday on charges related to food stamp fraud and failure to appear in court.

Lyle Jeffs | Booking photo courtesy of Tooele County Sheriff’s Office, St. George News

After nearly a year on the run from authorities, Jeffs made an initial appearance before U.S. Magistrate Judge Brooke Wells in Salt Lake City.

Judge Wells scheduled a two-week trial to begin Sept. 18 for the matter to be heard in federal court. Wells ordered Jeffs jailed pending trial.

Jeffs went on the run in June 2016 after a judge allowed him to be released on home confinement pending trial on accusations he helped orchestrate a multimillion-dollar food stamp fraud scheme within the FLDS church.

Jeffs was captured last month in South Dakota after he pawned two pairs of pliers. A pawn shop employee recognized Jeffs and called police.

Authorities said Jeffs was alone and had been living out of his pickup truck at the time of his arrest.

Jeffs faces up to 30 years in prison for his role in allegedly instructing FLDS followers to buy items with benefits from the Supplemental Nutrition Assistance Program and then give them to a church warehouse where leaders decided how to distribute products to followers.

Ten co-defendants resolved their cases by pleading guilty to felony or misdemeanor charges. All avoided jail time or paying restitution.

Persons arrested or charged are presumed innocent until found guilty in a court of law or as otherwise decided by a trier-of-fact.

Email: kscott@stgnews.com

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Copyright St. George News, SaintGeorgeUtah.com LLC, 2017, all rights reserved.

FBI pays tipsters $50,000 for Lyle Jeffs’ arrest

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ST. GEORGE — The FBI has paid out a $50,000 reward to two people who provided information that led to the arrest of Lyle Jeffs on June 14, ending a nearly year-long search for the fugitive.

The reward money was divided proportionally between the two unnamed tipsters, based on their level of assistance, the FBI said Monday.

Jeffs, 57, believed to be a leader of the Fundamentalist Church of Jesus Christ of Latter Day Saints, was on pretrial release awaiting trial on food stamp fraud charges when he fled from home confinement in Salt Lake City on June 18, 2016.

His run came to an end in June when two men spotted Jeffs pawning tools at a business in Yankton, South Dakota, according to the FBI. One of them spotted Jeffs a second time on June 13 and became suspicious, partly because Jeffs was wearing layers of clothing, a hat and sunglasses indoors.

The tipster thought to note the partial license plate of the silver, late-model Ford F-150 Jeffs was driving. That information was given to law enforcement and triggered an extensive search in the area, the FBI said.

Read more: FBI officials release details about Lyle Jeffs’ capture

The next day, Yankton Police Lt. Todd Brandt spotted the vehicle at the Lewis and Clark Marina in Yankton while off-duty. Officers subsequently conducted a traffic stop, and the driver admitted to being Lyle Jeffs.

This case highlights the importance of reporting anything suspicious, no matter how insignificant it may seem,” FBI Salt Lake City Assistant Special Agent in Charge Dan Brady said. “In this case, the tipsters were observant and acted on instinct. There is no doubt their involvement led to Jeffs’ quick arrest.”

A 10-day trial for Jeffs has been set to begin Sept. 18 before U.S. District Judge Ted Stewart.

Jeffs was indicted in February 2016, along with 10 other FLDS members with conspiracy to defraud the Supplemental Nutrition Assistance Program and conspiracy to launder money.

After his arrest in South Dakota, Jeffs was indicted with an additional count of failure to appear in court.

“The FBI has always relied on cooperation from the public to help capture fugitives and solve crimes,” the FBI said. “Tips, as evident in this case, can be invaluable to our investigations.”

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Copyright St. George News, SaintGeorgeUtah.com LLC, 2017, all rights reserved.

FLDS polygamist leader Lyle Jeffs strikes plea deal with feds

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ST. GEORGE — In a highly-publicized multimillion-dollar food stamp fraud case, Fundamentalist Church of Jesus Christ of Latter Day Saints polygamist leader Lyle Jeffs struck a plea deal with federal prosecutors Wednesday in U.S. District Court.

Booking photo of Lyle Jeffs, Weber County Sheriff’s Office, Utah, 2016 | Photo courtesy of the FBI Salt Lake City Division, St. George News

Jeffs appeared before U.S. District Court Judge Ted Stewart where he pleaded guilty to food stamp fraud and failing to appear in court.

As part of the plea deal, a third charge alleging conspiracy to commit money laundering was dismissed and a mandate for $1 million in restitution to the U.S. government was imposed. The restitution must come from Jeffs personally and not from the FLDS Church.

Stewart told Jeffs he could spend between three and five years in prison, depending on what the judge decides once a presentence report is completed.

His sentencing is scheduled for Dec. 13.

The defendants in the case had allegedly ordered FLDS members to hand over SNAP benefits to a church warehouse where leaders decided how to distribute products to followers. The food stamp benefits were also allegedly cashed at sect-owned stores without the users getting anything in return.

Federal prosecutors have alleged that the fraud scheme bilked taxpayers out of more than $12 million over the course of five years.

L-R: John Wayman, Lyle Jeffs, Seth Jeffs, Hyrum Dutson, Kristal Dutson, Preston Barlow, Winford Barlow, Ruth Barlow, Rulon Barlow, Kimball Barlow and Nephi Allred were federally indicted Feb. 23, 2016, in a Fundamentalist Church of Jesus Christ of Latter Day Saints multimillion-dollar food stamp fraud case | St. George News

Ten co-defendants resolved their cases by pleading guilty to felony or misdemeanor charges. All avoided jail time or paying restitution. Jeffs was the last remaining defendant of the 11 indicted by a federal grand jury in February 2016 on food stamp fraud and money laundering charges.

Jeffs, once a bishop in the Fundamentalist LDS Church, became a fugitive from those charges, after he fled home confinement in order to carry out the dictates of Warren Jeffs, federal prosecutors allege in court filings. Lyle Jeffs went on the run in June 2016 after a judge allowed him to be released on home confinement pending trial.

Warren Jeffs, who is serving a sentence of life plus 20 years since his 2011 conviction on crimes related to marrying and sexually abusing underage girls he considered brides, continues to dictate the actions of the polygamous sect’s adherents, either through fear or loyalty, according to prosecutors.

Repentance mission

In an audio recording transcript documenting a June 25, 2016, prison visit by two Jeffs wives, Warren Jeffs sends a message to his brother, Lyle Jeffs, reminding him that he only possesses the authority that Warren Jeffs grants him. Warren Jeffs threatens to excommunicate Lyle Jeffs and send him away if he doesn’t do as Warren Jeffs commands.

Shortly thereafter, in a letter dated July 7, 2016, to his other brother, Nephi Jeffs, Warren Jeffs dismisses Lyle Jeffs as bishop, strips him of all priesthood power and sends him away on a repentance mission.

In his lengthy instructions to Nephi Jeffs, Warren Jeffs noted that each of Short Creek’s recent bishops had failed: “Each one has had the great sin of finding comfort in women’s attention,” Warren Jeffs said, warning: “Do not gossip with the family of Warren Jeffs.”

Nearly a month after Lyle Jeffs fled federal custody, he wrote a letter to Warren Jeffs dated July 16, 2016. In it he said:

I seek yours and the Lord’s forgiveness for the hesitation and any fear that was a part of me and pray that it will never show its ugly head again. I do feel the gentle peace of the sweet Spirit seeking to continually increase in becoming like God in everything I do, that is be of and by Him, through you dear father. You are my Priesthood head and have the right to rule in my life, and I love to have it so. Please continue to teach and correct me where necessary in polishing me into the likeness of God which I see and feel in you.

The letter also includes lines indicating unrest within the FLDS community.

“The devil is raging in the hearts of the youth, many leaving,” Lyle Jeffs wrote. “Groups of females on their own going out in the world to get jobs cleaning motels, no checking in and giving into the world.”

After nearly a year on the run, Lyle Jeffs was captured in South Dakota after he pawned a Leatherman multitool for $37 cash. A pawn shop employee recognized Jeffs and called police.

Authorities said Jeffs was alone and had been living out of his pickup truck at the time of his arrest.

Attempts for comment from Kathryn Nester, Lyle Jeffs’ attorney, were not immediately returned Wednesday.

Email: kscott@stgnews.com

Twitter: @STGnews

Copyright St. George News, SaintGeorgeUtah.com LLC, 2017, all rights reserved.

Prosecutors seeking 5 years for polygamous leader Lyle Jeffs

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SALT LAKE CITY (AP) — Federal prosecutors want a 5-year prison sentence for a polygamous sect leader who pleaded guilty in a food-stamp fraud and escape case.

Prosecutors argued in court documents filed Friday that Lyle Jeffs should serve the maximum sentence because he ran the scheme to divert some $11 million in food-stamp benefits to a communal storehouse and front companies.

Lyle Jeffs booking photo, Davis County Jail, Utah, Feb. 23, 2016 | Photo courtesy of Davis County Sheriff’s Office, St. George News

Defense attorneys have said those charged were following religious beliefs in communal living under the Fundamentalist Church of Jesus Christ of Latter Day Saints. Cases against 10 other defendants have ended in plea deals without prison time or dismissed charges.

Jeffs is set to be sentenced Dec. 13. He pleaded guilty to conspiracy to commit benefits fraud and failure to appear. He has also agreed to pay $1 million in restitution, which must come from him personally, not the FLDS.

The 57-year-old Jeffs was arrested nearly a year after he escaped home confinement while awaiting trial in the food-stamp fraud case.

Jeffs struck a deal with federal prosecutors Sept. 20 in U.S. District Court, where he pleaded guilty to food stamp fraud and failing to appear in court. As part of the deal, a third charge alleging conspiracy to commit money laundering was dismissed.

Defendants in the case had allegedly ordered FLDS members to hand over Supplemental Nutrition Assistance Program benefits to a church warehouse where leaders decided how to distribute products to followers. The food stamp benefits were also allegedly cashed at sect-owned stores without the users getting anything in return.

Jeffs, once a bishop in the FLDS Church, became a fugitive from those charges after he fled home confinement to carry out the dictates of Warren Jeffs, according to federal prosecutors. Lyle Jeffs went on the run in June 2016 after a judge released him to home confinement pending trial.

Warren Jeffs, who is serving a sentence of life plus 20 years since his 2011 conviction on crimes related to marrying and sexually abusing underage girls he considered brides, continues to dictate the actions of the polygamous sect’s adherents, either through fear or loyalty, prosecutors say.

After nearly a year on the run, Lyle Jeffs was captured in South Dakota after he pawned a Leatherman multitool for $37 cash. A pawn shop employee recognized Jeffs and called police.

Authorities said Jeffs was alone and had been living out of his pickup truck at the time of his arrest.

St. George News contributed to this story.

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Twitter: @STGnews

Copyright 2017 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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