Suzette Rasmussen (15981) ALL UTAH LAW PLLC Michael K. Green (13989) GREEN LAW OFFICE PLLC 136 W. 12300 S., Ste. B Draper, UT 84020 Tel.: (801) 717-0821 [email protected] mike(@mikegreenlegal.com Alan W. Mortensen (6616) Christopher J. Cheney (15572) MORTENSEN & MILNE 68 South Main Street, Suite 700 Salt Lake City, UT 84101 Tel.: (801) 521-4444 If you do not respond to this document within applicable time limits, judgment could be entered against you as requested. [email protected] [email protected] Attorneys for Plaintiffs IN THE THIRD JUDICIAL DISTRICT COURT SALT LAKE COUNTY, STATE OF UTAH WW, MK, DM, HDT and DS, Plaintiffs, COMPLAINT AND JURY DEMAND v. (Tier 3) TIMOTHY BALLARD, an individual; OPERATION UNDERGROUND Civil No. RAILROAD, INC., a Utah Non-Profit Corporation; THE SPEAR FUND, a dba for Judge: a Utah Non-Profit Corporation; ROCKWELL GROUP, INC., a Utah Corporation; LIBERTY AND LIGHT, a Utah Corporation; SLAVE STEALERS, LLC, a Utah LimitedLiability Company; CHILDREN NEED FAMILIES FOUNDATION, a Utah Non- Profit Corporation; DEACON, INC., a Nevada Corporation; JANET RUSSON, an individual; CRAIG ANDERSON, an individual; JULIAN ANN BLAKE, an individual; WES MORTENSON, an individual; BEN PACK, an individual; MARK REYNOLDS, an individual; STEPHAN FAIRBANKS, an individual; and DOES | through 100. Defendants. Plaintiffs WW, DS, HDT, MK, and DM,’ by and through their counsel, hereby complain. against Defendants and allege as follows: PARTIES, JURISDICTION, AND VENU 1. Plaintiff WW is an adult citizen and resident of the State of Utah. 2. Plaintiff DS is an adult citizen and resident of the State of Utab. 3. Plaintiff HDT is an adult citizen and resident of the State of Utah. 4, Plaintiff MK is an adult citizen and resident of the State of Utah. 5. Plaintiff DM is an adult citizen and resident of the State of Utah. | Plaintiffs bring these claims using pseudonyms pursuant to protect their safety from the general public and from the Defendants, given their propensity to intimidate those who dare to stand up to them. These are not the real initials of the victims. Once a proper protective order is in place, Plaintiffs will provide their identifying information to Defendants. Given that Ballard committed the acts complained of, he already knows their identities and despite his efforts to blast his face in social and mainstream media, should understand the importance of keeping the identity of a scared and sexually victimized woman, private. 26. Defendant Timothy Ballard, aka Tim Ballard ("Ballard") is an adult citizen and resident of the State of Utah, 7. Defendant Operation Underground Railroad, Inc. ("OUR') is a Utah non- profit corporation, 8. Defendant The Spear Fund is a Utah corporation, 9. Defendant Rockwell Group, Inc. is a Utah corporation, 10. Defendant Liberty and Light is a Utah corporation. 11, Defendant Slave Stealers, LLC, is a Utah Limited Liability Company. 12. Defendant Children Need Families Foundation is a Utah Limited Liability Company. 13, Defendant Deacon, Inc,, is a Nevada corporation. 14, Defendant Ballard is the alter-ego and the face of all of the said corporate and company entities that will be collectively referred to as "OUR" as Ballard wore many hats \with said companies and no distinction between the companies was made 15, Defendant Janet Russon is an adult citizen and resident of the State of Utah. 16. Defendant Craig Anderson is a member of OUR’s board and is an adult citizen and resident of the State of Utah, 17. Defendant Julian Ann Blake is a member of OUR’s board and is an adult citizen and resident of the State of Utah. 18. Defendant Wes Mortenson is a member of OUR’s board and is an adult citizen and resident of the State of Utah,19, Defendant Ben Pack is a member of OUR’s board and is an adult citizen and resident of the State of Utah. 20. Defendant Mark Reynolds is a member of OUR’s board and is an adult citizen and resident of the State of Utah 21. Defendant Stephan Fairbanks is a member of OUR’s board and is an adult citizen and resident of the State of Utah, 22, The Third Judicial District Court in and for Salt Lake County, State of Utab, has jurisdiction of the claims asserted below pursuant to the provisions of §78A-5-102, Utah Code Ann, (1953 as amended) 23. Venue is properly laid before the Third Judicial District Court in and for Salt Lake County, State of Utah, pursuant to §78B-3-307, Utah Code Ann, (1953 as amended). 24, Pursuant to Rule 26(c)(3), of the Utah Rules of Civil Procedure, the amount in controversy exceeds $300,000 qualifying this claim for Tier 3 discovery. FACTUAL ALLEGATIONS “One of the saddest lessons of history is this: If we've been bamboozled long enough, ‘we tend to reject any evidence of the bamboozle. We're no longer interested in finding out the truth, The bamboozle has captured us. It’s simply too painful fo acknowledge, even to ourselves, that we've been taken. Once you give a charlatan power over you, you almost never get it back.” — Carl Sagan 25. Timothy Ballard is an American activist, speaker, and author. 26. Ballard claims to have worked for the Central Intelligence Agency (CIA) as a special agent in the United States Department of Homeland Security,27. Ballard founded the non-profit organization Operation Underground Railroad ("OUR") in 2013 that claims to "lead the fight against human trafficking and sexual exploitation worldwide.” 28. Ballard founded the non-profit Spear corporation as a landing spot for him afier being fired by OUR. 29. The other corporate defendants were created by Ballard in order to funnel the donations coming into OUR into corporate profits and shareholder distributions, 30. Atal relevant points in time, Ballard was the CEO, and or manager/member of the above consortium of companies and Ballard was the alter-ego and face of these companies. 31. _Atall relevant points in time, Defendants Anderson, Blake, Mortenson, Pack, Reynolds, and Fairbanks are and were members of OUR’s board (collectively "The Board") and owed fiduciary duties to Plaintiffs, and donors. 32. Defendant Julian Ann Blake is a member of OUR’s board and is an adult citizen and resident of the State of Utah. 33. Defendant Wes Mortenson is member of OUR’s board and is an adult citizen and resident of the State of Utab, 34. Defendant Ben Pack is a member of OUR’s board and is an adult citizen and resident of the State of Utah. 35. Defendant Mark Reynolds is a member of OUR’s board and is an adult citizen and resident of the State of Utah.36. Defendant Stephan Fairbanks is a member of OUR’s board and is an adult citizen and resident of the State of Utah. 37. OUR raised money in order to have conducted multiple sting operations to purportedly rescue trafficked women and children ("OPS"), with OPS being conducted outside the United States. 38. Many of these OPS included wealthy men with no military training, who ‘wanted an "experience vacation" where they dropped into third-world countries to rescue ‘rafficked children, with photo opportunities and stories in the local newspapers of their heroics, all the while flying first class, 39. While promotional and media materials made the OPS appear to be paramilitary drop-ins to arrest traffickers and rescue children, what most OPS consisted of ‘was going to strip clubs and massage parlors across the world, after flying first class to get there, and staying at 5-star hotels, on boats, and at VRBOs across the globe. 40. These OPS were a fund raising machine, though they were more show than substance, and the entire OUR enterprises were funded by donors for these OPS, many of whom held bake sales and literally donated their "widow’s mite" to OUR and Tim Ballard, 41, Ballard became the de-facto and most recognized face of anti-child trafficking, which everyone agrees is a most noblest of causes. 42. Ballard became a character of mythical proportions with unquestioned legitimacy. 43, Ballard was appointed as a special advisor to Ivanka Trump in October 2017.44, Ballard was invited by President Trump to join a White House anti- trafficking advisory board.45, Ballard was appointed to the White House Public-Private Partnership Advisory Couneil to End Human Trafficking in 2019. 46. — One of Ballard’s closest friends is Utah Attorney General Sean Reyes, and Reyes was promoting Ballard, until just recently, to be the next United States Senator fiom the State of Utah. 47. According to General Reyes’ web page, Reyes is the top law enforcement official in Utah, charged with protecting “consumers from those who abuse the law", again providing credibility to Ballard and OUR that was not warranted. 48. _ General Reyes has repeatedly vouched for OUR and Tim Ballard, even participating in an alleged OP in Colombia, which was well publicized in Utah, giving Ballardthe cover of the top law enforcement officer in the State of Utah to carry out his purposes, including the COUPLES RUSE, even while consumer complaints and criminal investigations were pouring into his office regarding the improprieties of OUR and Ballard. 49. Ballard has been, until recently, business associates and close friends with Apostle and Acting President of the Quorum of the Twelve Apostles M. Russell Ballard ("President Ballard”) of "The Church of Jesus Christ of Latter-Day Saints" ("Mormon"). 50. President Ballard has cited Ballard to students at Brigham Young University Idaho, as an expert of Book of Mormon Prophet Nephi and the Mormon view of American History. 51. Tim Ballard has met with President Ballard in the Church Administration Building in Salt Lake City, to discuss OUR’s work. 52. Ballard has spoken to many Mormon groups across the country, including athletic teams at Brigham Young University.53. Ballard has authored at least three purported historical books promoting Mormon Nationalism that have been published and sold by the Mormon Church-owned Deseret Book, which were big sellers in the Mormon community and further created the myth of Tim Ballard. 54, Ballard’s enmeshment with the Mormon Church further provided him. credibility and status in Utah, where the Mormon Church is the largest and founding denomination of the State 55. Tim Ballard became friends with Glenn Beck, an American conservative political commentator, radio host, entrepreneur, and television producer. Glenn Beck donated significant amounts of money to begin OUR. 56. Tim Ballard and Glenn Beck formed Defendant company Nazarene to fight Christian causes across the globe, and Beck gave Ballard almost unlimited access to the Glenn Beck media network, which further contributed to Ballard’s credibility. 57. Tim Ballard became friends with Tony Robbins, an American author, coach, and speaker, who raised staggering amounts of money for Ballard. 58. Documentaries were made of Tim Ballard and OUR, and in 2023, a feature film produced by Mormon-based Angel Studios called, Sound of Freedom, was released. The film claimed to portray the work Tim Ballard has done, and the movie has been hugely successful across the globe, adding to the myth of Tim Ballard. 59. One Utah artist painted pictures of Ballard and his wife, again enhancing the credibility of Ballard to an almost Mother Teresa altitude: 1060, OUR reported to the IRS $6.9 million in revenue in 2016, $22.3 million in 2019, $45 million in 2020, $52.930 million in 2021 and $56.773 million in 2022, 61. _ In the IRS 990 form, it is reported that Tim Ballard received a salary of $525,958 in 2022, yet former employees claim that Ballard earned over $14,000,000 through his for-profit companies (some of which was funneled from the non-profit entity). 62. OUR was making staggering profits as Ballard opened "for profit" companies, defendants, which were alter-egos of OUR and Ballard and that allowed Ballard to line his pockets with the widow's mite. 63. In order to find and save trafficked children, Ballard would receive psychic information from psychic defendant Janet Russon about where the OPS should occur, along with reassurance and justification of everything Ballard did, while predicting the future situations the operatives would be in, so that they could plan the next OP. Ms. Russon claims ittthat she spoke to a dead prophet named Nephi, who directed her about where to locate the trafficked children, 64, Ballard used OUR and its OPS to fund his personal fantasies of grandeur. 65. Ballard began a program for women accompanying him on OPS and called the program "THE COUPLES RUSE." 66, Ballard claims that the COUPLES RUSE was an undercover tool to prevent detection by pedophiles when Ballard would not engage in sexual touching of the trafficked women offered up to him in strip clubs and massage parlors across the world. 67. Ballard would choose a woman who worked at OUR or with OUR, or ‘would invite a well-intentioned volunteer, to be trained in the COUPLES RUSE. 68. The women he chose had no formal training in paramilitary activities or operations, but he knew they were devoted to the OUR mission of saving women and children from traffickers 69. Ballard claims that he implemented strict rules regarding the COUPLES RUSE: no kissing on the lips and no touching or exposing private parts, 70. Ballard soon began abusing the COUPLES RUSE and eventually used the ruse as a tool for sexual grooming. 71. As part of either an OP or practice for the OP, Ballard would often share a bed with a woman posing as his girlfriend or invite her to shower in his bathroom, even though accommodations at designated "safe houses” provided separate bedrooms and bathrooms. 1272. Before they ever went undercover together, Ballard insisted that he first needed to ensure that he and his female counterparts in the COUPLES RUSE had physical "chemistry" that would be obvious to those they would meet during an operation 73. Ballard encouraged female operatives to participate in tantric massages before and while on a COUPLES RUSE. 74, Ballard elaimed to be so concemed about the believability of the COUPLES RUSE that he frequently asked women to "practice" their COUPLES RUSE long before a mission ever took place. 75. To that end, Ballard flew women across the country, where they would "practice" their sexual chemistry through tantric yoga, couples massages with escorts, and lap dancing on Ballard’s lap, 76. Ballard also frequented strip clubs in the Salt Lake Valley with these women to practice the COUPLES RUSE. 77, Ballard included his son, who had just retumed from serving a mission for the Mormon Church, to the strip clubs, without Ballard’s wife's knowledge. 78. Atthe strip clubs, Ballard would pay for and receive lap dances, and ingest alcohol and pills at these practice “Ruse Ruses” on OUR’s dime with donor monies, 79. Ballard engaged in a ploy where he would tell the women that if they were offered alcohol, which is forbidden by the Mormon Church, that she should take the drink and then open mouth, kiss him and spit the alcohol into his mouth, and then he would spit it out when the (raffickers were not looking. 1380. However, Ballard was doing the exact opposite-he was consuming excessive amounts of alcohol (tequila) of his own volition, which he drank at strip clubs, massage parlors, and on trips, to the point of passing out. For example, he missed a $250,000 speaking engagement a few weeks ago because he was drunk and missed his flight. 81. Through these COUPLES RUSES, both in the office and in the field, Ballard eventually engaged in coerced sexual contact with several women and propositioned others 82. Ballard participated in several sexual acts with the exception of actual penetration, in various states of undress while on an OPS mission. 83. Ballard developed a sexual position where it appeared he was having full on sexual intercourse with his COUPLES RUSE vietims, while not actually penetrating. 84. While inside private accommodations, when no one else was around that they needed to fool, Ballard would claim that he and his female partner had to maintain the appearance of a romantic relationship at all times in case suspicious traffickers might be surveilling them at any moment. 85. Ballard requested the women he invited to act as his significant other, to first have a Brazilian wax. 86. Ballard would ask each woman, "Is there anything you wouldn't do to save achild?” 87. To further convince the women of his need for them on the next OPS mission, Ballard would badmouth previous female partners, claiming that the women who had 14allegedly gone on COUPLES RUSES in the past were "crazy," and claiming that they had fallen in love with him along the way. 88. Ballard used these mythical stories to motivate the women in his COUPLES RUSE to prove their mettle and their devotion to the cause by trying to outdo their supposed predecessors. 89. When these women found themselves questioning the legitimacy of tacties involving sexual contact, they often doubted their own instincts, relying on Ballard'’s breadth of knowledge about rescue missions to convince themselves that such tactics were normal. 90. Other employees of OUR would war these women not to question Ballard or their lives would be put in danger. 91. Ballard would also tell the women that engaging in sex play with him ‘would improve their marriage, even as he also told them not to tell their husbands about what they were doing (or it would compromise the mission, children, their lives, and other informants’ lives)’. 92, Ballard would repeatedly wam these women that if they failed in their COUPLES RUSE mission, they would have wasted the hard-eamed money that honest donors had entrusted to OUR or be caught or killed by the cartel 93, Ballard would also tell these women that Janet Russon and/or Katherine had chosen them to be part of the COUPLES RUSE. 2 In the mind of the victims, this was very real and serious and the cartel was essentially all knowing and seeing 1594. Ballard would use spiritual manipulation to coerce them into sexual contact, 95. Almost all of the women involved are or were Mormon, 96. Ballard began to claim that President M. Russell Ballard had given Ballard permission to do the COUPLES RUSE as long as there was no sexual intercourse or kissing on the lips, and had given him a special priesthood blessing as such. 97. OUR management adopted and accepted the COUPLES RUSE as a standard policy and procedure of the company and allowed Ballard unrestrained allowance on how he enacted the COUPLES RUSE. 98. Ballard would also claim that a passage from the Book of Mormon, in which a man kills another man on the promptings of the Holy Spirit, demonstrates that sometimes the Holy Spirit asks people to perform "unconventional" tasks. 99, Ballard would also claim to the women that Defendant Janet Russon told him that he had been married to them in a previous life, and so their conduct was appropriate. 100. Additionally, Ballard would get ketamine treatments and have a scribe come in with him while he would talk to the dead prophet Nephi and issue forth prophecies about Ballard’s greatness and future as @ United States Senator, President of the United States, and ultimately the Mormon Prophet, to usher in the second coming of Jesus Christ. 101. Ballard would also claim to his female Ruse partners that if his wife Katherine were to die, he would immediately marry them, 16102. Ballard told one of his victims that when his wife would question what Ballard was doing with these women, Ballard would tell his wife that his female partners kept falling in love with him and wanted to kill Katherine so that they could be together. 103, Ballard would insist that the women stay silent about their alleged sexual encounters with him because if they told anyone, it would put everyone’s lives at risk on the OPS mission, it was necessary to save the trafficked children, and because he was blessed by President Ballard to be a future President of the United States and then the Prophet of the ‘Mormon Church. 104, After the women were coerced into engaging in sexual activity with Ballard, he used their encounters to his advantage, sending texts to some of the women that would say something to the effect of "We will have so much s**# on each other.... we will be deterred into silence on all things forever 105, Ballard gave the women burner phones to use and had them use Signal, a ‘messaging app that keeps communication private, and he frequently demanded that the ‘women erase the digital traces of his conversations with them each night. 106, Ballard also threatened the women that he was tracking them with their bumer phones and company phones he provided. 107, Additionally, he required the women he asked to go on OPS as part of the COUPLES RUSE to sign Non-Disclosure Agreements (NDA), claiming it was required to protect the safety of the children and the participants. 108. Ballard would then threaten to sue the women if they ever disclosed anything about his tactics, practice OPS, or the COUPLES RUSE. 7109. At least two marriages have broken up as a result of Tim Ballard’s actions with these women. 110, Ballard offered to pay for the divorce attorney of one of his vietims, and hhad a henchman call and threaten her husband on voice message, resulting in the police being called and an investigation conducted. 111, Finally, in the Spring of 2023, some of the female employees of OUR who had been on these Couple Ruse OPS or practices, came forward to OUR management. 112, OUR had its law firm, Holland & Hart, conduct an "external!" investigation, which investigation verified the victims* claims, 113, OUR terminated Tim Ballard. 114, OUR’s board of directors, most of whom are related to Tim Ballard or are his good friends, opposed the firing and came to Ballard’s aid. 115. A joint plan was hatched between OUR and Ballard, whereby he would resign ostensibly because of the appearance of a conflict of interest with the release of Sound of Freedom, in which he has a financial interest in; Ballard would take a very lucrative severance agreement and remain the face of OUR so it could continue to raise money. 116. As part of the plan, everyone was required to sign a NDA. 117, With his image intact, Ballard began The SPEAR Fund, where he is able to continue raising money from well-intentioned people wanting to end human trafficking 118, OUR remained silent, using his face and the world-wide opening tour of ‘Sound of Freedom to raise money, and allowing Ballard to continue his grooming, drinking and sexual deviancy; all on the donors” dime. 18119. Finally, some of the vietims of Ballard’s sexual exploits are boldly coming forward and are filing this action for their damages, holding the defendants responsible for their outrageous behaviors, to punish the defendants for their actions, to try and prevent them from acting in this fashion again, and to bring light to who and what Tim Ballard is so that the humble, very well-intentioned donors across the world can decide with eyes open, whether to donate to Ballard and his organizations. 120, Upon reasonable belief and inquiry, upon learning of the COUPLES RUSE and how Ballard used it, the Mormon Church excommunicated Ballard. 121. The Defendants, including and especially Ballard, engaged in a fraud in order to engage in sexual relations with the Plaintiffs, the fact of which are specifically set. forth in each of the Plaintiffs statements that are attached and incorporated herein, 122, WW’s statement is incorporated herein and is attached as Exhibit A 123, DS's statement is incorporated herein and is attached as Exhibit B. 124, DM's statement is incorporated herein and is attached as Exhibit C. 125, _MK’s statement is incorporated herein and is attached as Exhibit D. 126. HDT’s statement is incorporated herein and is attached as Exhibit B. 127. There are other victims of Tim Ballard’s COUPLES RUSE that are not part of this case and if and when these victims join the case, the complaint will be amended. FIRST CAUSE OF ACTION (SEXUAL ASSAULT AND BATTERY BY ALL PLAINTIFFS AGAINST DEFENDANT TIM BALLARD) 128. Plaintiffs incorporate the preceding allegations and the attachments to this, complaint, as if fully set forth herein. 19129. Defendant Ballard, intentionally, knowingly, or recklessly, committed battery and sexual assault of Plaintiffs, as all sexual touching was done under the COUPLES RUSE in order to help save trafficked children and women, 130, As a direct and proximate result of the wrongful conduct of Ballard, Plaintifis have suffered severe emotional distress, permanent injury, loss of self-esteem and other injuries, all to their general damages in reasonable sums. 131. Asa direct and proximate result of the wrongful conduct of Ballard, Plaintiffs have incurred and will yet incur medical and therapy expenses, and lost wages all to their special damages in a reasonable sum. WHEREFORE, Plaintiffs pray for relief as set forth below. SECOND CAUSE OF ACTION (CONSPIRACY TO COMMIT BATTERY AND SEXUAL ASSAULT BY ALL PLAINTIFFS AGAINST ALL DEFENDANTS) 132, Plaintiffs incorporate the preceding allegations and the attachments to this, complaint, as if fully set forth herein. 133, The COUPLES RUSE was an institutional doctrine of OUR and its affiliated companies and was done with the knowledge of Defendants’ management and board members. 134, ‘The Defendants intentionally, knowingly, or recklessly, solicited, instructed, commanded, encouraged and/or intentionally committed battery and sexual assault of the Plaintiffs, all for the sexual gratification of Tim Ballard 135. The Defendants conspired and combined together for the purpose of Ballard being allowed to have sexual relations with the Plaintiffs. 20136. The object of the conspiracy was illegal and carried out as the result ofa calculated plan between the Defendants, 137. There was a meeting of the minds among the defendants with regard to the COUPLES RUSE and how to allow Ballard to sexually abuse the Plaintiffs. 138, As direct and proximate result of the wrongful conduct of Defendants, Plaintiffs have suffered severe emotional distress, permanent injury, loss of self-esteem and other injuries, all to their general damages in reasonable sums. 139, Asa direct and proximate result of the wrongful conduct of Defendants, Plaintiffs have incurred and will yet incur medical and therapy expenses, and lost wages all to their special damages in a reasonable sum WHEREFORE, Plaintiffs pray for relief as set forth below. ‘THIRD CAUSE OF ACTION (FRAUD BY ALL PLAINTIFFS AGAINST DEFENDANT BALLARD) 140, Plaintiffs incorporate the preceding allegations and the attachments to this complaint, as if fully set forth herein and more specifically, incorporate the statements attached hereto for the specificity of the fraud. 141. Defendant Ballard made fraudulent statements and actions based upon the COUPLES RUSE. 142, Defendant Ballard’s actions and statements towards Plaintiffs were fraudulent and were done for Ballard’s sexual gratification and pleasure. 143. Defendant Ballard made representation(s) about the COUPLES RUS! who approved it and how it helps in fighting human trafficking, which were false, and the Defendant Ballard knew to be false, for the purposes of inducing the Plaintiffs into 21participating or attempting to have them participate, in the COUPLES RUSE, so that Ballard could act out his sexual proclivities. 144, Defendant Ballard knew that the Plaintiffs would act on his representations in ignorance of their falsity and the Plaintiffs did rely upon said representations and were induced to act, all to their injury and damage for over two and a half years. 145. Asa direct and proximate result of the wrongful conduct and frauds of Defendant Ballard, Plaintiffs have suffered severe emotional distress, permanent injury, loss of self-esteem and other injuries, all to their general damages in reasonable sums, 146. Asa direct and proximate result of the wrongful conduct of Defendant Ballard, Plaintiffs have incurred and will yet incur medical and therapy expenses, and lost wages, all to their special damages in a reasonable sum, WHEREFORE, Plaintiffs pray for relief as set forth below, FOURTH CAUSE OF ACTION (CIVIL CONSPIRACY TO DEFRAUD BY ALL PLAINTIFFS AGAINST ALL DEFENDANTS) 147. Plaintiffs incorporate the preceding allegations and the attachments to this complaint, as if fully set forth herein and more specifically, incorporate the statements attached hereto for the specificity of the fraud. 148, Defendants developed the COUPLES RUSE and had a meeting of the minds with each other to allow Ballard to make fraudulent statements and actions based upon the COUPLES RUSE. 149. There was a meeting of the minds between the defendants to carry out this fraud upon Plaintiffs and others. 22150, The sexual actions of Ballard and Cooper set forth in the Exhibits to this complaint are based upon false pretense and outright lies, are illegal, criminal, and immoral. 151. Defendants knew that the Plaintiff’ would act on their fraudulent representations in ignorance of their falsity and the Plaintiffs did rely upon said representations and were induced to act, all to their injury and damage. 152. Asa direct and proximate result of the wrongful conduct and frauds of Defendant Ballard, Plaintiffs have suffered severe emotional distress, permanent injury, loss of self-esteem and other injuries, all to their general damages in reasonable sums. 183, As adirect and proximate result of the wrongful conduct of Defendant Ballard, Plaintiffs have incurred and will yet incur medical and therapy expenses, and lost ‘wages, all to their special damages in a reasonable sum. WHEREFORE, Plaintiffs pray for relief as set forth below. FIRTH CAUSE OF ACTION (INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS AGAINST ALL DEFENDANTS) 154, PlaintifiS incorporate the preceding allegations and the attachments to this complaint, as if fully set forth herein. 155, The COUPLES RUSE was an institutional doctrine of OUR and its affiliated companies and was done with the knowledge and Defendants’ management and board members. 156, The conduct of the Defendants, as set forth herein, was outrageous and intolerable in that it offended the generally accepted standards of decency and morality 157. Asa direct and proximate result of the wrongful conduct of Defendants, 23Plaintiffs have suffered severe emotional distress, permanent injury, loss of self-esteem and other injuries, all to their general damages in reasonable sums, 158, Asa direct and proximate result of the wrongful conduct of Defendants, PlaintiffS have incurred and will yet incur medical and therapy expenses, and lost wages, all to their special damages in a reasonable sum, WHEREFORE, Plaintiffs pray for relief as set forth below. CAUSE OF ACTION six RAGE AGAINST ALL DEFE! ol YANTS) 159, Plaintiffs incorporate the preceding allegations and the attachments to this complaint, as if fully set forth herein. 160. The conduct of the Defendants, as set forth herein, was so extreme that it went beyond all possible bounds of decency and is regarded as atrocious and utterly intolerable in a civilized society. 161, Asa direct and proximate result of the wrongful conduct of Defendants, Plaintifis have suffered severe emotional distress, permanent injury, loss of self-esteem and other injuries, all to their general damages in reasonable sums. 162. Asa direct and proximate result of the wrongful conduct of Defendants, Plaintiffs have incurred and will yet incur medical and therapy expenses, and lost wages, all to their special damages in a reasonable sum. WHEREFORE, Plaintifis pray for relief as set forth below. SEVENTH CAUSE OF ACTION (NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS AGAINST ALL, DEFENDANTS EXCEPT BALLARD) 163. Plaintiffs incorporate the preceding allegations and the attachments to this 24complaint, as if fully set forth herein, 164, The COUPLES RUSE was an institutional doctrine of OUR and its affiliated companies and was done with the knowledge and Defendants’ management and board members. 165. The conduct of the Defendants, as set forth herein, was negligent and violated the standards of care required to protect the plaintiffs. 166, Asa direct and proximate result of the wrongful conduct of Defendants, Plaintifis have suffered severe emotional distress, permanent injury, loss of self-esteem and other injuries, all to their general damages in reasonable sums. 167, Asa direct and proximate result of the wrongful conduct of Defendants, Plaintiffs have incurred and will yet incur medical and therapy expenses, and lost wages, all to their special damages in a reasonable sum, WHEREFORE, Plaintiffs pray for relief as set forth below. EIGTH CAUSE OF ACTION (NEGLIGENT SUPERVISION AND RETENTION OF BALLARD BY ALL PLAINTIFFS AGAINST "OUR" DEFENDANTS) 168. Plaintiffs incorporate the preceding allegations and the attachments to this complaint, as if fully set forth herein. 169. At the time the sexual assaults by Ballard were performed under the guise of the COUPLES RUSE, the OUR defendants were responsible for hiring, appointing, retaining and supervising Ballard. 170, Said defendants negligently allowed Ballard to continue and develop The COUPLES RUSE was an institutional doctrine of OUR and its affiliated companies and was 25done with the knowledge and Defendants’ management and board members, 171, The conduct of the Defendants in retaining and supervising Ballard after it ‘became aware of how Ballard was abusing the COUPLES RUSE, as set forth herein, was negligent and violated the standards of care required to protect the plaintiffs 172, Asa direct and proximate result of the wrongful conduct of Defendants, Plaintiffs have suffered severe emotional distress, permanent injury, loss of self-esteem and other injuries, all to their general damages in reasonable sums. 173. Asa direct and proximate result of the wrongful conduct of Defendants, Plaintiffs have incurred and will yet incur medical and therapy expenses, and lost wages, all to their special damages in a reasonable sum. WHEREFORE, Plaintiffs pray for relief as set forth below. NINETH CAUSE OF ACTION (NEGLIGENCE BY ALL PLAINTIFFS AGAINST ALL DEFENDANTS) 174, Plaintiffs incorporate the preceding allegations and the attachments to this ‘complaint, as if fully set forth herein. 175. The Defendants owed duties of care to Plaintiffs that they negligently breached by allowing the COUPLES RUSE in the st place and by allowing Ballard to use the COUPLES RUSE to abuse women, 176. Asa direct and proximate result of the wrongful conduct of Defendants, Plaintiffs have suffered severe emotional distress, permanent injury, loss of self-esteem and other injuries, all to their general damages in reasonable sums. 177, Asa direct and proximate result of the wrongful conduct of Defendants, Plaintiffs have incurred and will yet incur medical and therapy expenses, and lost wages, all to 26their special damages in a reasonable sum. WHEREFORE, Plaintiffs pray for relief as set forth below, TENTH CAUSE OF ACTION (PREMISES LIABILITY BY ALL PLAINTIFFS v. OPERATION UNDERGROUND RAILROAD) 178. Plaintiffs incorporate the preceding allegations and the attachments to this complaint, as if fully set forth herein. 179. Plaintiffs were business invitees upon Operation Underground Railroad’s premises and were owed duties of care to care for Plaintiffs’ well-being and safety, 180. Defendant Operation Underground Railroad, by allowing the COUPLES RUSE to knowingly occur on its premises, violated the duties owed to Plaintiffs. 181. Asa direct and proximate result of the wrongful conduct of Defendant Operation Underground Railroad, Plaintiffs have suffered severe emotional distress, permanent injury, loss of self-esteem and other injuries, all to their general damages in reasonable sums. 182, Asa direct and proximate result of the wrongful conduct of Defendant Operation Underground Railroad, Plaintiffs have incurred and will yet incur medical and therapy expenses, and lost wages, all to their special damages in a reasonable sum, ELEVENTH CAUSE OF ACTION (BREACH OF FIDUCIARY DUTIES BY ALL PLAINTIFFS AGAINST THE BOARD DEFENDANTS) 183, Plaintiffs incorporate the preceding allegations and the attachments to this complaint, as if fully set forth herein, 184, The Board Defendant are members of the board of Defendant Operation 27Underground Railroad. 185, The Board Defendants owed the Plaintiffs a duty of protection, loyalty, duty of care, and utmost good faith, as this is a non-profit organization. 186. The Board Defendants breached these duties by directing company assets and permission to Tim Ballard to carry out the COUPLES RUSE and sexually assault his female victims using the indicia and resources of OUR. ‘TWELFTH CAUSE OF ACTION (PIERCING THE CORPORATE VEIL AGAINST ALL CORPORATE, DEFENDANTS) 190. Plaintiffs incorporate the preceding allegations and the attachments to this complaint, as if fully set forth herein. 191. Defendant Tim Ballard and the Corporate Defendants are alter egos of each other. 192. The Corporate Defendants and Defendant Tim Ballard should all be treated as one entity to prevent Defendants from using the corporate fiction as a tool to inflict civil harm upon Plaintiffs. 193. The corporate fiction of the Corporate Defendants should be disregarded because they have been used as part of an unfair device to achieve an inequitable result. 194, ‘The corporate structures of the Corporate Defendants should not shield fraud, evasion of existing obligations, circumvention of statute, and the like. As a result, the corporate veil should be pierced to provide that all Corporate Defendants are jointly 28and severally liable for the damages. PRAYER FOR RELIEF WHEREFORE, Plaintiffs pray for judgment against Defendants as follows: 1 For general damages in an amount to be proved at trial; 2 For special damages in an amount to be proved at trial; 3 For punitive damages against all defendants in an amount sufficient to punish them and to deter them and others in similar situations from engaging in such conduct in the future; and 4. For such other costs, interest, expenses, attorney's fees, and other relief the Court finds appropriate under the circumstances, JURY DEMANI Pursuant to Rule 38(b) of the Utah Rules of Civil Procedure, Plaintiffs hereby demand a trial by jury in this case and submit herewith the applicable fee. 29DATED this 9" day of October, 2023, ALL UTAH LAW PLLC /s/ Suzette Rasmussen Suzette Rasmussen GREEN LAW PLLC (s/ Michael K. Green Michael K. Green MORTENSEN MILNE /s/ Alan W. Mortensen Alan W. Mortensen Christopher J. Cheney Plaintiffs’ Address: clo MORTENSEN/MILNE 68 South Main Street, Suite 700 Salt Lake City, UT 84101 30