“News
of court victory for the main UCI case”
I pray the blessing
of God and True Parents of Heaven Earth and Humankind is with you.
I
would like to report to you in detail the recent court victory over
the main UCI case in America.
UCI(Unification
Church International) was an organization True Parents named and
created in 1970 in America to act as a kind of vehicle which will
help the advancement of world-wide providence of Unification Church.
UCI was established to become, as it was described in its Article,
“an international organization assisting, advising,
coordinating, and guiding the activities of Unification Churches
organized and operated throughout the world“ and thus possessed
many important organizations such as The Washington Times, United
Press International, and True World Foods that supported the
Unification Movement from the back.
However,
in 2009, the control of UCI which played the role of vehicle for
advancing the world-wide providence of Unification Church was usurped
by the Kwak Group. In January 2009, without any report or permission
to True Parents, the former president Chung Hwan Kwak stepped down
from his position of a member of UCI board of directors, then as if
they had already planned for it, Hyun Jin Nim, also without any
permission from True Parents, changed the members of UCI board of
directors in order to control UCI at his will. Douglas Joo and Peter
Kim, who were appointed as the members by True Parents, were
dismissed, and Jin Man Kwak, Chung Hwan Kwak's son, Young Jun Kim,
Chung Hwan Kwak's son-in-law, Richard Perea, and Michael Sommer
became members of the board.
Furthermore,
the Kwak Group changed the name of UCI(Unification Church
International), which was given originally by True Parents, to just
UCI (initial only) and turned it into an organization that had no
relationship with the Unification Church. One of the most important
phrases such as “sponsor and support Unification Church
activities” was changed to “sponsor and support
non-profit organizations of same purpose”, which enabled them
to donate or sell its properties to other organizations.
The
Kwak Group afterward continued to perpetrate anti-providential
actions like a train without brakes. They have sold many public
properties which were under UCI (Atlantic Video Center, Sheraton
Hotel which had spaces reserved for True Parents, the Jefferson House
which belonged to True Parents, UPI buildings and etc.), and
attempted to sell the superficies rights created on the Holy Land at
Yeouido for which a suit is now under progress (The company Y22 which
the Foundation created the superficies rights for was a subsidiary of
UCI). The Kwak Group also changed members of the board of directors
of Central City, which is under UCI (forced Sun Jin Nim to step down
to be replaced with Jin Hyo Kwak, who is Chung Hwan Kwak's son),
attempted to sell True Parents' private jet (which was owned by a
subsidiary of UCI, Washington Times Aviation), and perpetrated the
crime of reselling the Washington Times for $1 to True Parents
together with enormous amount of debt (They asked separate payment
for the building itself). Moreover, they have made True Parents a
subject of gossip of the world by suing the Mission Foundation which
True Mother resides as the Chairman. This was also done through UCI.
Hence,
in order to prevent UCI, a providential organization created by True
Parents with the sacred purpose of expanding the Unification Movement
world-wide, from being misused by the Kwak Group, we filed this suit
against them. UCI filed a motion to dismiss our suit, saying that we
do not have the standing to file such claim, but the court dismissed
their motion instead. However, what's more important is that, during
this court battle over the question of standing, it was clearly
proved that all of the public funds held by UCI is funds held by
trust. This will be used as a critical evidence in uncovering their
deceitful plot to go against the wishes of True Parents and usurp the
control of UCI, and with this we will be able to take the high ground
in the court. Then, when we gain victory over the suit involving UCI,
the Yeouido case that has members worrying will be completely
resolved. We ask for your sincere prayers so that we can achieve the
victory over the main UCI case and that UCI will be once again
returned to the bosom of God, True Parents, and the Unification
Church.
※ We
are attaching the summary of this victory written by Robert Spitz,
and also the True Parents' Proclamation made on 4.23 by the Heavenly
Calendar in 2011 in order to put an end to this anti-providential
actions.
“Comments
on the FFWP Court Case against Preston Moon, and the recent court
decision about Preston's Motion to Dismiss the FFWP Case, filed in
the Superior Court of the District of Columbia, Civil Division”
Brothers
and Sisters:
FFWP
filed a Federal lawsuit with six different causes of action,
generally seeking to gain back control of UCI and place it under the
control of Directors who are loyal to FFWP. This case presents claims
of Breach of Trust, Breach of Fiduciary Duty as Agent, and Breach of
Contract.
Preston
filed a motion to dismiss the case filed by the Family Federation For
World Peace (FFWP) on the grounds that none of the causes of action
were viable legal theories on which FFWP could prevail under any
circumstances, including the facts alleged in the lawsuit. The
essence of his motion was that UCI is a corporation, like any other
profit corporation, there was a vote of the Board of Directors to
remove two other Directors and he is free to do whatever he likes
with the assets of UCI and he has no obligation whatsoever to FFWP,
TP or anyone else.
The
motion to dismiss also claimed that none of the individual
defendants, such as Preston, Sommer, Perea and Kwak can be held
personally liable for their actions as members of the Board of
Directors. Essentially, Preston was claiming that they were all
immune from personal liability.
The
Unification Church and TP have prevailed against Preston's Motion to
Dismiss. The main causes of action filed by UC and Family Federation
have been upheld as valid causes of action.
While
this ruling on the Motion to Dismiss is not a final Judgment on the
entire case, it is a ruling that if FFWP can prove the facts alleged
in its Complaint (which it can do), then it is entitled to prevail on
each of these causes of action. The following is a descript-xion of
some of the points in Court's ruling. This ruling is based on the
assumption that FFWP will be able to establish its facts as alleged
in the Complaint. However, the underlying facts of this case are not
that much in dispute. It has been the position of Preston all along
that he is legally entitled to take control of UCI and do whatever he
wants, despite the fact that the leadership of FFWP and TP object.
This
ruling is a total rejection of Preston's entire legal basis for
everything that he has done so far. This ruling states that if FFWP
can establish the facts set forth in the Complaint then the following
conclusions can be reached:
*
Preston is a co-trustee of a charitable trust that was formed for the
purpose of supporting the activities of the Unification Church.
*
Preston improperly removed that purpose from the Articles of
Incorporation - thereby changing the purpose of UCI.
*
It was wrong for Preston to change the purpose of UCI and it is right
for the church to insist that UCI funds be used only for the support
of FFWP and other UC related purposes.
*
Preston cannot spend UCI funds for his own organizations as he has
been doing.
*
Preston does have a Fiduciary Duty to the Family Federation and that
organization is the authoritative religious entity to which Preston
can be held accountable.
*
Preston's actions that are in contravention of the directions of the
Family Federation are wrongful and a breach of his duties and
obligations.
*
The Court specifically acknowledged that we consider Family
Federation a "Providential Organization" and UCI is
obligated to financially support its purposes - not those of some
different organization - no matter how similar.
*
Preston has a fiduciary duty to act according to the relationship
that has been historically established between FFWP and UCI and he is
a trustee of these assets.
*
The claim by FFWP that Preston has breached those fiduciary duties by
going his separate ways and not being accountable to FFWP is a viable
cause of action.
*
Preston, as the head of UCI is subject to the control of FFWP and he
is not free to do whatever he wants with those assets.
*
Since the Board of UCI has consistently followed the directions of
Rev. Moon for the past three decades, there is a precedent for the
Board to continue following his directions and Preston is not allowed
to act in contravention of his direction.
*
There is an agency relationship between UCI and the main church and
Preston has breached his fiduciary duties by going against the church
in his actions.
The
Court has upheld almost all of the basic claims and arguments of FFWP
and TP against Preston.
In
addition, the court held that the co-conspirators in this scheme -
Sommer, Perea and Kwak,- if they have acted in contravention of their
position as trustees can also be liable for their own breaches of
trust.
This
ruling is a great victory for TP and Preston and his co-conspirators
should read the handwriting on the wall. They can all be held
personally liable for their actions, if they have acted in violation
of their positions as Trustees, even though these individuals are not
otherwise transacting business in DC. This jurisdictional issue alone
was a great victory, meaning that these individuals cannot escape the
reach of this Federal Court. They all can be held accountable - they
can run but they cannot hide from the Jurisdiction of the Federal
Court.
The
essence of the Court's ruling is that charitable organizations will
be treated differently than ordinary profit corporations. The Board
of Directors are trustees who are in a fiduciary relationship and
must follow and obey and act in accordance with the purpose for which
that Trust relationship was created. If these Trustees violate those
fiduciary duties, they can be held personally liable.
----------------------------------------------------------------------------------------------------
<Declaration
by the True Parents>
We
hereby instruct as follows to all Tongilgyo (Unification Church)
blessed families and members throughout the world in the spirit world
and the physical world, particularly those under the direction of
UCI.
First,
all members are not to forget that they must obey absolutely all
directions and commands of the True Parents, who are the only True
Parents in the world for all perpetuity and eternity. This is the
eternal tradition and faith of the Unification Church.
This
applies cosmically to True Children in the same way that it does to
the general membership.
Second,
we instruct Hyun Jin Moon and other members of the UCI Board of
Directors to step down from that board immediately.
True
Parents, who are the founders of UCI, will form the UCI board anew in
its entirety, and put into proper order and manage all related
organizations. We have already instructed that UCI be recovered, and,
as the persons responsible for the cosmos, we have authorized and
fully support the legal action that has been filed to accomplish
this. If our instructions in this document are followed, however, we
will have the court action stopped immediately.
Third,
we instruct Hyun Jin Moon and other members of the UCI Board of
Directors, also Chung Hwan Kwak (former UCI Board chairman, Hyun Jin
Moon’s father-in-law) and his family and relatives, to return
to True Parents, who are the founders, all rights related to the
ongoing construction project to develop the Yeouido Holy Land in
Korea. The plan will be reestablished and the development will take
place on a providential dimension.
Fourth,
we instruct Hyun Jin Moon and other members of the UCI Board of
Directors to cease all other legal proceedings now being conducted
under the direction of UCI, and to return to True Parents all
property being held as a result of the disposition of public assets
not approved by True Parents. All such property will be used publicly
to accomplish the providence of God.
We issue these
instructions to the entire world as the Founders of Tongilgyo
(Unification Church) and all related organizations and institutions,
and in the names of the husband and wife Sun Myung Moon and Hak Ja
Han Moon, who are the True Parents. Our desire is that all persons
properly obey these points for all eternity.
True
Parents – Sun
Myung Moon and Hak Ja Han Moon
23rd
Day, 4th Month by the Heavenly Calendar (May
25),2011
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