New accusations against Tim Ballard

SALT LAKE CITY — A second lawsuit against Operation Underground Railroad Founder Tim Ballard has now been filed in Utah’s 3rd Judicial District court.

It’s like the first suit, brought by five anonymous women alleging sexual assault and battery as well as fraud and claims that Ballard used the “couples ruse” tactic to make women his wife or girlfriend on undercover missions. It also names OUR, its board members, and several other defendants for their knowledge and failure to act.

This suit comes from a couple who claims that their separation was caused because the husband “grew angry that his wife was always gone with Ballard and that Ballard’s texts to her were too familiar and unprofessional.”

document – 2023-10-11T09271… by Simone Seikaly

The lawsuit accuses Ballard of grooming women to take part in the “couples ruse,” using “spiritual manipulation” to coerce them into taking part, claiming it did not violate the tenets of their faith so long as it did not involve physical intercourse or kissing on the lips.

It also alleges that Ballard threatened the husband and alleges that he committed sexual assault and battery against the woman, as well as that Ballard offered to pay her “double her annual salary plus large bonuses.”

A day after the first lawsuit was filed, Ballard’s company The Spear Fund issued a statement from its attorney, Mark L. Eisenhut.

“The Spear Fund did not exist during the time of the alleged conduct and had nothing to do with it. Mr. Ballard vehemently denies the allegations brought by these unnamed women. He looks forward to vindicating his name in the courts where evidence, and not unsubstantiated accusations in the media, decides the outcome,” an attorney said Wednesday in response to the first lawsuit.

Wednesday, The Spear Fund issued a different statement signed by Tim and Katherine Ballard, apparently referencing the original lawsuit.

“We regret that the five women who have come forward—though still without names and faces—are caught up in this difficult struggle we face together,” the statement reads. “Two of these women went on actual Operation Underground Railroad operations. One went on a single operation, and the other woman repeatedly put herself in harm’s way. Three did not go on any actual operations, as they did not make it through the training and certification process.”

Without directly addressing the allegations, the statement references “unintended consequences” related to the work of fighting human trafficking.

“Who would have thought we would now be fighting amongst ourselves while these evils are rapidly escalating all around us?” it says.

Questions about funding, operations

The new complaint includes statements from both the woman, identified only as A.A., and her separated husband, F.T., detailing their claims.

According to the complaint filed Tuesday, the couple alleges Ballard relied on donations and funding from the people participating in his operations, despite reporting millions of dollars in revenue to the IRS.

“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,” the complaint alleges.

It goes on to accuse Ballard of using OUR for personal gain.

“Ballard used OUR and its OPS to fund his personal fantasies of grandeur,” the lawsuit says.

The “couples ruse:” Accusations of sexual misconduct

The second lawsuit alleges that Ballard encouraged women working with him on operations to engage in a tactic known as the “couples ruse” in order to deceive potential pedophiles.

“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,” the lawsuit alleges.

It alleges that Ballard invited a woman to train to participate in the couples ruse, but “soon began abusing the COUPLES RUSE and eventually used the ruse as a tool for sexual grooming,” according to the complaint.

According to the complaint, Ballard is accused of encouraging women to travel around the country with him to practice the couples ruse, including participating in tantric yoga, couples’ massages and attending strip clubs.

“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,” the lawsuit alleges.

The lawsuit also claims Ballard taught women a specific sexual pose that would allow them to simulate intercourse.

Attorneys claim Ballard required the women taking part in the couples ruse to keep their activities secret, using the Signal app to keep their communications private and providing them with burner phones.

“Ballard also threatened the women that he was tracking them with their burner phones and company phones he provided,” the lawsuit claims.

Allegedly, the women were required to sign non-disclosure agreements, and feared legal action should they talk about their work.

Operation Underground Railroad’s investigation

In the spring of 2023, the lawsuit says several female OUR employees reported the couples ruse operations to the company’s management team.

That investigation, conducted by an outside firm, verified the women’s claims, according to the complaint.

“OUR remained silent, using [Ballard’s] 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,” the complaint reads.

The suit claims A.A. followed Ballard to The Spear Fund after he left Operation Underground Railroad, and was promised a salary she never received.

Departure from Operation Underground Railroad

The lawsuit raises new questions about the nature of Ballard’s departure from Operation Underground Railroad.

“Tim was telling people he resigned from O.U.R. because there would be a conflict with Sound of Freedom, and he wanted to start The SPEAR Fund,” A.A. claims. “I always felt weird about that because I was with him on June 9th when he got his termination letter from O.U.R.’s Board members and O.U.R. He never gave me clear information.”

Attorneys for A.A. and F.T. are asking for damages in general, lost wages for A.A., punitive damages, and an award to cover expenses and attorney’s fees. They did not specify an amount with the request.

Statement from Utah Attorney General

The Utah Attorney General’s Office released the following statement to the media Wednesday:

“The Utah Attorney General’s Office (UAGO) addresses several recent media inquiries and questions, including those regarding a civil lawsuit filed this week against Tim Ballard, Operation Underground Railroad, and other defendants (the “Complaint”) as follows:

“The Utah Attorney General was not named as a defendant in the Complaint. He was mentioned in paragraphs 46-48 as a supporter of Mr. Ballard whose support was purportedly used to take certain actions as alleged in the Complaint. The AG has no knowledge of how or if his name or title may have been used to add credibility to the misconduct alleged in the Complaint. If the allegations are true, and had he known of such alleged behavior, he would not have allowed use of his name and would have strongly condemned such actions.

“As he articulated in a prior personal statement, he only observed conduct that was positive, productive and legal in his interactions with OUR and Mr. Ballard. He does not have any personal knowledge of what happened between Mr. Ballard and the plaintiffs as articulated in the Complaint. The UAGO will not speculate on matters and recommends letting the facts, claims and defenses be addressed through the judicial process and cases filed.

“Until the Vice article in September of 2023, the AG had never heard of any alleged sexual conduct as addressed in the Complaint, including what has been described in detail as the “Couple’s Ruse.” To be clear, he was aware that on operations there were sometimes operators posing as couples and that arrangement, itself, was a deception or ruse, but he never had any direct or indirect knowledge of the sexual actions alleged in the Complaint.

“The UAGO strongly disputes the characterization in the Complaint that “consumer complaints and criminal investigations were pouring into his (the AG’s) office regarding the improprieties of OUR and Ballard.” None of the senior leadership in the UAGO could recall a single request for investigation, consumer complaint, or any substantive complaint at all until the Vice story broke in September. The UAGO is reviewing documents internally to see if there was ever any complaint made to any part of the office.

“In 2020, the Davis County Attorney contacted the UAGO regarding the source of and use of ICAC (Internet Crimes Against Children) funds in Davis County. The UAGO provided documentation and other information and believed the matter was closed.

“In an abundance of caution, AG Reyes and the UAGO agreed to create a screen whereby AG Reyes would make no decisions on behalf of the UAGO pertaining to Davis County, Tim Ballard or OUR should any further matters arise. That screen went into effect in December 2020 and remains in place to this day. Spencer Austin, Chief Criminal Deputy for the UAGO, has had final authority for the office since that time on any decisions pertaining to Davis County’s inquiry into OUR and Mr. Ballard.

“At some point, before he dismissed the case in 2023 against Mr. Ballard, the Davis County Attorney indicated to the UAGO that he and/or the FBI had an investigation into other OUR matters not covered in the Complaint. That is the only criminal investigation the UAGO has ever been aware of pertaining to Mr. Ballard.

“We have spoken with the Department of Commerce’s Division of Consumer Protection (DCP), which has the primary responsibility to regulate non-profits in Utah, and have proactively instituted a normal and proper recusal screen.

“Recognizing that there are or may be individuals who maintain that they were harmed by OUR and/or Mr. Ballard in some way, those individuals may choose to file a complaint with the DCP through its website: https://db.dcp.utah.gov/complaints.html or by contacting the DCP at (801) 530-6601.

“The DCP is represented by a group of assistant attorneys general (AAGs) who have been screened off from the AG and key members of his staff who may have some connection with the defendants. Accordingly, the AG will not be involved in the investigation or resolution of those cases, just as he has not been involved in the UAGO’s interaction with the Davis County inquiries, since 2020, to avoid even the appearance of improper influence or favoritism.

“Contrary to certain reporting, there was never a criminal investigation into AG Reyes or the UAGO. Further, any insinuation or allegation that the Utah AG or UAGO “killed,” “quashed,” or “shut down” the Davis County Attorney’s investigation is equally without basis in fact. The AG does not direct independently elected county attorneys’ prosecutions. The UAGO would not interfere with a sister agency’s investigation, and the AG himself was screened off from office interaction with Davis County.

“The Utah Attorney General’s Office is fully committed to fight crime, protect the public, act with integrity, and see that justice is done. It is important that recent allegations not detract from the urgency to fight the very real crime of human trafficking in our state and in the world.”