Lineage of Legends
Mark Brann

Statement regarding the UCI Court Case in the USA and Clarification

2018-11-04 · Source: tparents.org

Court decision in the UCI litigation in the U.S.A. and statement on it from FFWPU USA – additional clarification by Mark Brann – Europe and the Middle East Legal Department

Sub-Regional and National Leaders, Providential Organisation Leaders and European and Middle Eastern Region Brothers and Sisters,

Warm greetings to each and every one of you from our London-based EUME Legal Office.

As you will probably have heard already, True Parents and our worldwide church recently won an important victory in litigation in the U.S.A. against those who wrongfully took away organizations and assets that were originally put in place to provide vital support to our worldwide Unification Church. What the court in Washington, DC decided was that, in acting as they did in the so called “UCI” case, Preston Moon and the other defendants acted wrongfully and in breach of their duties as directors of Unification Church International by eliminating all references to the Unification Church and to the Divine Principle in UCI’s name and Articles of Incorporation and by eliminating any obligation to the Unification Church.

The court also determined that it was contrary to UCI’s original purposes to make donations to Kingdom Investments Foundation (a Swiss entity with no affiliation with the Unification Church) and Global Peace Foundation (an entity totally separate from the Unification Church).

Although the court has made a finding of wrongfulness, it remains for the court to fashion a remedy for the misconduct. The next step in the litigation will be to request a remedy that takes control from the wrongdoers and returns it to the control of directors designated by the Unification Church, as well as restoring to UCI the value of what was wrongfully conveyed away.

Family Federation USA has issued a statement to all members in America explaining the result of the case and a copy of that statement can be found attached to this letter for your information.

True Parents never wanted to resort to litigation against their son Hyun Jin (Preston Moon) or any of those working with him. Indeed, they resisted doing so for many months, seeking instead to reconcile all differences between them and Preston with a loving and conciliatory heart. Thus, in 2009 when True Father became aware that a gap was opening between himself and his son, he urged Preston to come and spend a year working alongside his Father, something that sadly Preston declined to do.

It is very important that we deeply understand True Parents’ heart behind their eventual and extremely reluctant decision to allow such legal action to be initiated. They only approved such action in deference to the fact that no one - not even True Parents themselves nor their own flesh and blood children - are above Heaven’s laws. Whoever violates Heavenly Law must restore and indemnify that violation and, as you know, abuse of public money was declared by True Parents to be one of the “Three Cardinal Sins”. In other words, no one is above the laws of Heaven.

Legal action was only sanctioned by True Parents once those who were defying their authority had been clearly urged to return to UCI all assets and money wrongfully conveyed away, and had refused to do so.

The court’s ruling of October 30, 2018, makes clear that the neutral principles of law of Washington, DC, independent of any religious principles, also prohibit the wrongful conduct of Preston Moon and the other defendants to the case.

Should you have any questions arising from the background to the case above or the attached statement of FFWPU USA then please feel free to contact me at mpbrann@ aol,com and I will do my best to answer them and, if I cannot do so, I will seek answers from those who are in a better position to be able to.

Wishing all of Heaven’s blessings and grace upon you all as well as upon your precious families,

Mark Brann Acting EUME Director of Legal Affairs mpbrann@ aol,com

FFWPU-USA Family Federation USA Statement regarding the UCI Court Case

Ki Hoon Kim and Richard Buessing November 3, 2018

Dear Brothers and Sisters,

True Parents founded Unification Church International in 1977 to support Unification Churches throughout around the world.

However, in 2009, Preston Hyun Jin Moon and certain Unification Church International board members began to take things in a different direction. In April 2010, they went so far as to amend the Articles of Incorporation to remove all references to the Unification Church and the Divine Principle and rename the corporation “UCI”. Substantial amounts of assets were then transferred from UCI into Kingdom Investments Foundation (KIF), a corporation set up in Switzerland at roughly the same time as UCI’s articles were amended.

In response, Family Federation for World Peace and Unification International and four other plaintiffs filed a lawsuit aimed at recovering UCI and ensuring that it operates according to the original purposes for which True Parents established it. On October 30, 2018, the United States Superior Court of the District of Columbia issued an Omnibus Order which made a number of determinations. Among them are the following:

1) When Preston Moon and the other directors of the UCI board amended UCI’s Articles of Incorporation, they “substantially altered UCI’s corporate purposes by eliminating any obligation to the Unification Church.” For that reason, plaintiffs are entitled to summary judgment “that the amendments to the . . . Articles constituted a breach of fiduciary duty.”

2) Preston Moon and the other directors “engaged in corporate transactions contrary to UCI’s original corporate purposes by donating assets to KIF and providing monetary support to GPF [an entity establish by Preston Moon, Global Peace Foundation], organizations expressly and distinctly separate from the Unification Church.” For that reason, plaintiffs are entitled to summary judgment “that these transactions constitute breaches of the individual defendants’ fiduciary duty.”

As a result of these rulings, the wrongfulness of the conduct of Preston Moon and the other director defendants has been established. Although the legal process will continue with regard to related issues, this outcome is a significant affirmation of the legal merits of the case. What remains is for the Court to fashion an appropriate remedy to restore the UCI board and assets.

Thank you to all of our members around the world for their prayers and sincere devotion. We will continue to advise you of the progress of the litigation.

God Bless you,

Dr. Ki Hoon Kim Regional Chairman

Rev. Richard Buessing President