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