Judge dismisses Mormon church donation lawsuit
In a significant legal ruling, a federal judge has dismissed a lawsuit against The Church of Jesus Christ of Latter-day Saints, which had been accused of mishandling donation funds.
The lawsuit, challenging the church's use of its financial donations, was dismissed due to procedural and evidentiary shortcomings, US News reported.
Origins of the Legal Challenge Against the Church
The controversy began with a lawsuit filed in October 2023, where plaintiffs accused the church of diverting funds meant for charitable purposes into investments. This filing aimed to question how the Mormon church manages its substantial financial assets, including tithes donated by its members.
The allegations were partly based on accusations made by whistleblower David Nielsen, which surfaced between late 2019 and early 2020. Nielsen's claims suggested that the church misused funds through its investment arm, Ensign Peak Advisors.
Key to the church’s defense was the assertion by church spokesperson Sam Penrod, who stated, "These donations are carefully used and wisely managed, under the direction of senior Church leaders."
Judge's Rationale for Dismissing the Case
U.S. District Judge Robert Shelby cited multiple reasons for dismissing the lawsuit. Primarily, the passing of a three-year statute of limitations on fraud claims in Utah invalidated the plaintiffs' case.
The judge also noted that the plaintiffs had not adequately demonstrated how the alleged fraud had occurred, further weakening their position. This lack of clear evidence was critical in the court's decision to dismiss the claims.
Furthermore, Judge Shelby indicated that the plaintiffs should have been aware of the allegations by early 2020, following public reports about Nielsen's whistleblower claims, thus impacting the timing of their legal action.
Financial Practices and Past Legal Challenges
The Church of Jesus Christ of Latter-day Saints has faced scrutiny before over its financial practices. In February 2023, the U.S. Securities and Exchange Commission fined the church $5 million for using shell companies to conceal the size of its investment portfolio.
Additionally, a similar lawsuit was filed by James Huntsman in California in 2021, which was also dismissed, mirroring the fate of the current case.
The plaintiffs in the latest lawsuit sought class-action certification, hoping to include potentially millions of church members who might have been affected by the alleged misuse of funds. Their legal representation, attorney Christopher Seeger, expressed a strong sentiment, stating, "For decades, members of The Church of Jesus Christ of Latter-day Saints have contributed 10% of their hard-earned income as tithes, and they have the right to know how these donations are being used."
Role of Ensign Peak Advisors in Church Finances
Ensign Peak Advisors, the investment arm associated with the church, was notably mentioned in the lawsuit for its rare use of donated funds for non-investment purposes. Specifically, the advisor had used these funds twice in its 26-year history: allocating $600 million to bail out a church-owned insurance company in 2009 and $1.4 billion to build a mall in 2010.
These instances highlight some of the financial decisions made by the church's investment sector, which have remained a point of contention among critics and observers. The handling of such large sums of money, especially donated funds, continues to be a sensitive topic within and outside the church community.
In response to the dismissal, a spokesperson for the church reiterated the careful consideration of donations, with Penrod saying, "The legal claims brought against the Church were rightfully dismissed by the court."
Future Implications and Church Donor Transparency
The outcome of this lawsuit may influence future legal claims against religious and charitable organizations concerning financial transparency and the use of donated funds.
As this legal chapter closes, the discussion around financial transparency and donor rights within The Church of Jesus Christ of Latter-day Saints and similar institutions is likely to continue. These debates underscore the balance between donor trust and organizational autonomy in managing funds.
The church maintains that it upholds the principles of wise and careful management of donations, a stance that will continue to be tested by public scrutiny and legal challenges.





