Hill vs. AUB, Jenson et. al.  – Update 10-24-09

            In the Plaintiff’s Motion to Augment Judgment, it was argued that the Defendants should be held “jointly and severally liable.” Based on the Utah Supreme Court decision of double damages, etc., Hill prayed that she should be entitled to $8.7 million plus attorneys fees, costs, and further punitive damages. 

            The Defendants’ response dated Oct. 22, ‘09 argued that all the defendants “were not involved in the entire conspiracy to defraud the Plaintiff of her money.”  The Defendants further argued that damages should be awarded based on participation.  I agree in as much as AUB was the principle participant. 

             The defendants’ acknowledges that Allred and Jenson each laundered $30,000.00 but claim “they were not involved in the conspiracy to defraud the Plaintiff for the remaining monies stolen and manipulated by Putvin – acts done without the responding Defendants’ knowledge or assistance.”  Wow, this falsehood is a whopper.  It seems the Defendants have conveniently forgotten about the tape recording where Owen Allred says, “We will not give the money back.”

            This is also a further attempt by AUB to place the entire blame on Putvin.  The facts are perfectly clear that when Owen Allred said they would not give the money back it became an AUB conspiracy.  Matthews, Putvin, Jenson, Sandmire and Norman all became willing participants and agents of AUB.  Putvin did not steal from Hill; he stole from AUB who had possession of the money throughout the entire conspiracy. 

            The implication in the Defendants’ reply is that J. LaMoine Jenson had no knowledge of the conspiracy nor did he assist.  The Assignment of Trust Deeds are unimpeachable “best evidence” that he did assist in the conspiracy and did have knowledge of the conspiracy.  For example, he traveled to Southern Utah with Owen Allred and others to inspect the DI Ranch.  He was a board member at the creation of Diamond Automotive Specialties, Inc., a profit corporation funded with Hill’s money that was in possession of Owen Allred.  Diamond Automotive Specialties had been created for laundering $500,000.00 into AUB via J. LaMoine Jenson.  It would be extremely naïve to believe Jenson did not have knowledge of the conspiracy. 

            Much of the Defendants’ rhetoric is devoted towards arguing that the Plaintiff should not be granted punitive damages.  The Defendants’ contend that if the Plaintiff is awarded double damages under the Pattern of Unlawful Activity Act, the double damages should be considered punitive by nature.

            There is a great moral issue involved in this case.  AUB claims to be the only group of people on earth living all of God’s laws.  Where much is claimed, much is expected. Owen Allred and J. LaMoine Jenson were men in positions of great trust.  According to them no other men on earth, if you believe in their God, were given more trust.  Therefore punitive damages ought to be commensurate with the degree of trust.  In that case 8.7 million dollars would only be a slap on the hand.

            On page 8 the Defense makes the following assertion.  “Defendant Allred further instructed Defendant Putvin to return those monies to Hill after learning that they belonged to her.” 

            This assertion never came up during the trial and it never came up during the investigation.  The Defense is attempting to put words in the mouths of men who are deceased.  Shame on them!  When Hill visited Owen Allred asking his help in locating Putvin, he could have given her the money then as it was in the room next to where they met.  This was established at trial.

            The Defense states J. LaMoine Jenson instructed Putvin to give back the money to Hill. According to Jenson this took place at the Copperton Town Park, and it was after Putvin had filched the money away from Matthews and Allred.  The Defense continues to use the same argument that it used in its appeal to the Utah Supreme Court, that only $15,000.00 was actually obtained by AUB in the Assignment of Trust Deeds, and that should be the actual damages.  They completely ignore the fact that the money was then in the possession of AUB in Allred’s home and the Assignment of Trust Deeds were instruments meant only to clean up the money. It was a round about way to deposit the currency into AUB’s bank account.

            The Defense attempts to use the same ploy with the Forth District Court as it did with the Utah Supreme Court by inserting a footnote as a “courtesy refresher,” alleging that the Assignment of Trust Deeds were unsolicited, that J. LaMoine Jenson treated a $500,000.00 donation as routine, and that Putvin testified that he and Matthews out of the clear blue sky and goodness of heart decided they would like to donate the money to AUB.   Of course this obviously fabricated scenario is inconsistent with the whole, factual picture.  Besides, why should the court take the word of men who have been proven to be thieves and liars?  

            The Defendants’ conclude their motion by suggesting, in essence, that the District Court ignore the Supreme Court and even overrule it. Wow! It is quite obvious they don’t intend to end this matter honorably and will go down scratching and kicking.