Case 2:16-cr-00082-TS-RTB Document 445 Filed 08/08/16 Page 1 of 6

JOHN W. HUBER, United States Attorney (#7226)

ROBERT A. LUND, Assistant United States Attorney (#9579)
TYLER L. MURRAY, Assistant United States Attorney (#10308)
AMANDA A. BERNDT, Assistant United States Attorney (#15370)
BROCK R. BELNAP, Special Assistant United States Attorney (#6179)
Attorneys for the United States of America
185 South State Street, Suite 300
Salt Lake City, Utah 84111
Telephone: (801) 524-5682

IN THE UNITED STATES DISTRICT COURT

DISTRICT OF UTAH, CENTRAL DIVISION

UNITED STATES OF AMERICA,

Plaintiff,
vs.
JOHN WAYMAN, and
SETH JEFFS
Defendants.

Case No. 2:16-CR-82-TS

MEMORANDUM OF THE
UNITED STATES IN SUPPORT OF
THE CONTINUED DETENTION OF
JOHN WAYMAN AND SETH JEFFS

District Court Judge Ted Stewart

COMES NOW, the United States of America, by and through the undersigned
Assistant United States Attorney, and respectfully moves the court to uphold the order of the
Magistrate Court detaining John Wayman and Seth Jeffs pending trial. The United States
reasserts its previous argument that because the defendants recognize the authority of Warren
Jeffs as superseding the authority of the court, no set of conditions can satisfy the concerns
articulated in 18 U.S.C. 3142.

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STATEMENT OF FACTS
In support of its position, the United States proffers the following facts as evidenced by
the attached exhibits and by the facts and exhibits referenced in the other memoranda filed in
relation to the previous detention hearings, including docket numbers 6, 85, 90, 91, 98, 111, 118,
159, 170, and 239, which it incorporates herein by reference:

Warren Jeffs continues to run the affairs of the FLDS Church from his prison cell in
Palestine, Texas, and he continues to dictate the actions of its faithful adherents, either
due to fear or loyalty.

Warren Jeffs previously announced a policy of defying courts or other authorities when
they conflict with his views regarding the laws of God. 1

Warren Jeffs previously condoned the act of lying to authorities in order for an FLDS
member to extricate himself for jail.

John Wayman and Seth Jeffs are faithful adherents who view Warren Jeffs as a prophet
of god.

Both John Wayman and Seth Jeffs have a well-documented history of obstructing justice
at the direction of Warren Jeffs. Seth Jeffs possesses a felony conviction related to his
previous obstructive conduct.

After the court released Lyle Jeffs on home confinement, Lyle Jeffs absconded in order to
carry out the dictates of Warren Jeffs. Due to the extensive network of support, including
houses of hiding in multiple jurisdictions, sophisticated communications systems, and
substantial financial and transportation resources, Lyle Jeffs remains at large, and the

No person, no court, no government, no people on the face of the earth has the right or authority to bring God into
question what he has His Prophets do Doc. 6 at p. 5 (Excerpt from training given by Warren Jeffs).

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United States continues to spend considerable time and resource conducting an

exhaustive manhunt for Lyle Jeffs, to the extreme detriment of its trial preparation
efforts.

After Lyle Jeffs fled, Warren Jeffs removed Lyle Jeffs as the presiding Bishop of the
Short Creek Stake and replaced him with Nephi Jeffs, another brother of Warren Jeffs.

Warren Jeffs appointed John Wayman and Seth Jeffs to act as counselors and assistants to
Nephi Jeffs in his role as the new bishop.

Warren Jeffs recently disbanded the United Order, converting all of the United Order
members back to Restoral Order status. Warren Jeffs then directed Nephi Jeffs, John
Wayman, and Seth Jeffs to compile a list of all former United Order members in order to
interview them in preparation for those members to be re-baptized and re-confirmed as
members of the United Order. 2

To accomplish the task, Warren Jeffs directed Nephi Jeffs, John Wayman, and Seth Jeffs
to meet surreptitiously in Short Creek at the LSJ meetinghouse in 1:00 a.m.

On July 26, 28, 29, and 30, 2016, at the direction of Warren Jeffs and in direct violation
of their court ordered conditions of release, John Wayman and Seth Jeffs met together
and with Nephi Jeffs. Preston Barlow also attended the meeting on July 29, 2016.

Data from the GPS monitors worn by John Wayman and Seth Jeffs confirm that they did
meet together in the middle of the night on July X, Y, and Z, 2016.

The former UO members must be re-baptized as a show of loyalty. Many of these former UO members are
individuals who consecrated their SNAP benefits to the church, as alleged in the indictment. As such they constitute
prospective witnesses at trial. The efforts that Warren Jeffs contemplates raise substantial concerns for the
government that defendants will tamper with prospective witnesses. The government is acutely aware of dictates
from the church leadership to prospective witnesses in other cases, in relation to interaction with the government, to
answer them nothing.

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At the time of their arrests on the warrants associated with the instant pretrial release
violations, both John Wayman and Seth Jeffs carried substantial amounts of cash. John
Wayman carried over $29,000 in United States currency in his car, and Seth Jeffs carried
over $8,000 in United States currency in his car. John Wayman also possessed an
additional a set of out-of-state license plates in his car. 3
CONCLUSION
The evidence, including the defendants past conduct, well establishes that when the

dictates of their prophet conflict with an order of the court, the defendants will follow their
religious leader in contravention of the courts order. As such, the court can possess no
confidence that it can set conditions that will assure the reappearance of the defendants and
preclude the obstruction of justice. Therefore, the United States urges the court to detain the
defendants.
DATED this 8th day of August, 2016.
JOHN W. HUBER
United States Attorney
/s/ Robert A. Lund____________
ROBERT A LUND
Assistant United States Attorney

Access to large amounts of ready cash allows Lyle Jeffs to stay at large and would allow John Wayman and Seth
Jeffs to flee if so ordered. The investigating agents have learned that Lyle Jeffs has been traveling in multiple
different vehicles bearing license plates from other states.

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LIST OF EXHIBITS
171. Excerpt from FLDS Priesthood Record, by Warren Jeffs, dated March 12, 1996
a. Warren Jeffs endorses the actions of John Barlow in lying to officials in order to
be released from jail (p. 13-14).
172. Letter from Warren Jeffs to Nephi Jeffs (number 375) dated June 7, 2016
a. Warren Jeffs directs Nephi Jeffs to meet with Lyle Jeffs and Ben Johnson, after
Lyle Jeffs is released from jail, and give them directions from Warren Jeffs (p. 3).
b. The meeting is to take place at night after twilight at the meeting house in Short
Creek (p. 3).
c. Warren Jeffs directs Lyle Jeffs to re-interview and re-baptize all members (p. 56).
d. Warren Jeffs directs Lyle Jeffs to live at the FLDS Storehouse and/or the meeting
house in Short Creek.
173. Summary of an audio recording corresponding to a visit by Annette Jeffs and
Melanie Jeffs with Warren Jeffs on June 25, 2016 at the prison in Palestine, Texas
a. Warren Jeffs sends a message of reminder to Lyle Jeffs that he only possesses the
authority that Warren Jeffs grants him (p. 3).
b. Warren Jeffs threatens to excommunicate Lyle Jeffs and send him away if Lyle
Jeffs does not do as Warren Jeffs commands (p. 3).
174. Letter from Warren Jeffs to Nephi Jeffs (number 384) dated July 7, 2016
a. Warren Jeffs dismisses Lyle Jeffs as bishop and sends Lyle on a repentance
mission (p. 2).
b. Warren Jeffs names Nephi Jeffs as the new bishop (p. 3).
175. Letter from Warren Jeffs to Nephi Jeffs (number 388) dated July 20, 2016
a. Warren Jeffs dismisses Lyle Jeffs as bishop and sends Lyle on a repentance
mission (p. 2).
b. Warren Jeffs names Nephi Jeffs (the guiding elder) as the new bishop (p. 2).
c. The keyholder (Warren Jeffs) is the presiding authority under Jesus Christ (p. 2).
d. Warren Jeffs is the last mortal on earth to serve as the keyholder (p. 7).
176. Letter from Nephi Jeffs to Warren Jeffs on July 20, 2016
a. Nephi Jeffs acknowledges receiving the word of the Lord through His prophet
(Warren Jeffs) (p. 1).
b. Nephi Jeffs recounts completing prior directives of Warren Jeffs, including
meeting with older brother (Lyle Jeffs) in order to replace Lyles name with
Nephis name on certain bank accounts (p. 1).

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177. Summary of an audio recording corresponding to a visit by Annette Jeffs and

Melanie Jeffs with Warren Jeffs on July 23, 2016 at the prison in Palestine, Texas.
a. Warren Jeffs directs Nephi Jeffs to meet with John Wayman and Seth Jeffs at the
meeting house in Short Creek in order for them to receive special instruction from
Warren Jeffs (p. 1).
b. The meeting is to take place at night in a room where no one can see them (p. 2).
c. The instruction is that Nephi Jeffs has replaced Lyle Jeffs as the bishop and John
Wayman and Seth Jeffs are called as assistants to help the new bishop (p. 2-3).
d. John Wayman and Seth Jeffs are to assist in the effort to re-baptize and re-confirm
all the prior United Order members (p. 3).
e. John Wayman is tasked with collecting tithing (p. 4).
f. Members are to communicate with Nephi Jeffs through John Wayman (p.5)
178. Letter from Nephi Jeffs to Warren Jeffs dated July 25, 2016
a. Nephi Jeffs states his desire to carry out Warren Jeffs will with exactness (p.1).
b. Nephi Jeffs confirms calling John Wayman and Seth Jeffs to the meeting (p.1).
179. Letter from Nephi Jeffs to Warren Jeffs dated July 26, 2016
a. Nephi Jeffs confirms meeting with John Wayman and Seth Jeffs at the
meetinghouse at 1:14 a.m. and giving them the instruction from Warren Jeffs
(p.1).
180. GPS monitor data sheets confirming John Wayman and Seth Jeffs met together
on July 26, 28, 29, and 30, 2016.