SALT LAKE CITY — A series of documents released by the Utah Attorney General’s Office is revealing intimate details surrounding a criminal investigation into Tim Ballard and the nonprofit he founded, Operation Underground Railroad (OUR).
Ballard argued OUR was the world’s leading organization in the fight against human trafficking, but some former employees say many of the nonprofit’s accomplishments and fundraising techniques were sometimes highly exaggerated or outright false.
The Utah AG's Office released the records directly to FOX 13 News in response to a public records request under Utah law.
READ: Operation Underground Railroad spent years downplaying criminal investigation
The majority of the records were originally sent to the Utah AG’s Office by Davis County Attorney Troy Rawlings, a prosecutor who led the criminal investigation of Ballard and OUR in partnership with the FBI and US Attorney’s Office.
Emails show Rawlings described the records he shared with the Utah AG’s Office as “a very small sliver of over 2 TB of information.”
If accurate, the records now being publicly released make up less than 0.01% of the full case file.
READ: Tim Ballard responds to condemnation from his own church
Rawlings marked the records as “CONFIDENTIAL COMMUNICATION – UNDER SEAL.”
The Utah AG’s Office chose to release the records without redactions.
On many pages, the documents show notes and highlights from investigators.
At least a portion of the criminal investigation has concluded.
Davis County has declined to release any of its own records related to the case.
Rawlings declined to comment.
OUR said Ballard permanently separated from the nonprofit after sexual harassment complaints and an internal investigation, but the nonprofit declined to comment on the validity of those complaints.
READ: Governor Cox calls Ballard allegations 'disturbing' and 'unconscionable,' if true
Conflicts of interest
Records show Utah Attorney General Sean Reyes and his chief of staff, Ric Cantrell, were forbidden from discussing or participating in the case due to their personal relationships with Ballard and OUR.
Reyes is a known ally of OUR and Ballard.
Documents indicate any communication involving Reyes or Cantrell related to the case is forbidden and must be supervised by Chief Criminal Deputy Spence Austin.
This is despite the fact that Austin typically reports to Reyes.
Mormons speaking with the dead
Rawlings expressed concerns surrounding thousands of donor dollars being spent on a “psychic medium” named Janet Russon to gain operational intelligence for missions.
Russon was being paid a “monthly consultant fee” of approximately $5,000 with an “hourly/ operational readings contract” of approximately $1,560, according to Bryan Purdy – an investigator with the Davis County Attorney’s Office.
She is able to communicate with “dead Mormon leaders” and relay critical information about missing or trafficked children to Ballard, according to the case file.
“As I understand it, we have somewhere around 10,000 pages of Janet Russon ‘Readings’ as part of the investigator case file,” Rawlings wrote. “What do you think donors would/will do upon learning that deceased ancient Book of Mormon Prophet Nephi actually runs OUR via Janet Russon to Tim and Katherine Ballard?”
One of the origin stories of Ballard and OUR focuses on the long-standing search for a missing child named Gardy Mardy.
As part of the criminal investigation, Purdy reviewed video recordings of Russon communicating with Ballard about his quest to find Gardy.
“It is apparent Janet (Russon) is the source of the intelligence being used to locate Gardy,” Purdy wrote.
During at least one mission, Russon reportedly gave pinpointed psychic advice on Gardy’s location, leading Ballard and his operatives to a hilltop camp.
Tim Ballard was reportedly so convinced that the intelligence would be accurate that he called Elder M. Russell Ballard to “plan the press release of rescuing Gardy,” according to a witness who was only identified as “JR.”
Elder Ballard is the acting president of the Quorum of the Twelve Apostles. He is not related to Tim Ballard.
“(They) had nothing to verify that Gardy was anywhere near the hill top camp other than the psychic readings,” Purdy wrote. “Tim told multiple people on phone conversations and in conversations with different team members that they had exactly what they needed to prove that Gardy was there, that the Special Forces was going to be able to ‘drop in from helicopters in the middle of the night’ and take all the children out. At this point they still had no visual verification of even having children in the camp and definitely nothing close to a confirmation that Gary was there.”
READ: LDS Church takes down articles promoting Tim Ballard, Operation Underground Railroad
“Nearly all of the statements made by Tim about this incident are false,” Purdy wrote. “It appears that the entire scenario that Tim uses to portray this event is completely fabricated and or drastically exaggerated... never once was a gun raised in a threatening manner to anyone and never pointed at anyone... Tim was never seen on camera to be hold a book of any type, let alone a Bible or Book of Mormon.”
Russon was eventually named the director of Children Need Families, an entity designed to facilitate adoptions, reportedly described by Tim Ballard as “a very important piece of OUR.”
Records show Purdy reviewed a recording in which Ballard addressed “naysayers” who didn’t believe Russon’s new appointment would fit in with OUR’s mission.
“I just want you to know, I’m the founder, I’m the CEO, I’m the chairman of the board. The Core Mission is what I say it is,” Ballard said, according to a documented description of the recording.
Cherstyn Stockwell, who started working for OUR in 2016 as the nonprofit’s development director, reportedly told investigators at least one of OUR’s Utah partners was upset when executives learned about Russon’s involvement.
“Cherstyn said there was one time when Doterra found out about the use of a psychic and were upset about it," Purdy wrote. "Tim told them that the Federal Government uses psychics regularly."
"Cherstyn said Tim was the only person who vouched for Janet’s role as a psychic. Cherstyn said she had not heard that Janet was ever vetted or vouched for by the LDS Church. But stated Tim blurred lines and would frequently say, ‘I told Elder Ballard all about it.’”
In a statement to FOX 13 News, the Church of Jesus Christ of Latter-day Saints publicly condemned Tim Ballard for “morally unacceptable” behavior.
“Cherstyn said restoring America to the covenant was ‘a big mission of his (Tim)’ and he was ‘called’ of ‘God’ to do this. Cherstyn said Tim was very verbal about Elder Russell Ballard’s involvement and behind it, but Cherstyn said she didn’t know if she believed that.”
An intense focus on storytelling
Dave Lopez, a former high-ranking member of OUR, agreed to speak with the Davis County Attorney’s Office because of his fear that donors were being lied to.
Lopez is a former Navy SEAL whose operations were a prominent focus of at least one OUR documentary prior to his departure from the nonprofit.
Records from his interview with criminal investigators show he was particularly concerned with donors not being told that OUR’s origin story – the ongoing search for Gardy – centers around psychic visions.
“Dave said there is not a single piece of evidence that he has seen to date, which is legitimate, that suggests (Gardy) is still alive. But because it’s part of the story and their agenda, they keep using it. This is Tim’s most guarded secret and holds over everyone’s head that if they let it out they will sue them and crush them... Dave stated there is not a single person looking for Gardy anymore. Tim just uses the storyline to keep things going and obtain funding from donors.”
Records show, during one fundraising speech, OUR raised $102,361 while talking about Gardy’s story.
Lopez said OUR misled donors by using outdated video to indicate the nonprofit was still conducting overseas rescues despite no longer focusing on those types of missions.
He reportedly described the fundraising tactic as “massive dishonesty” which “could be very damaging” if donors found out.
Investigators wrote that Lopez told them Ballard responded with “something to the effect of – Well, how would they find out?”
OUR sent Lopez a “cease and desist letter” for telling people that the nonprofit had “shifted gears to a different way of doing operations with law enforcement and they weren’t doing the hands on operations anymore,” according to Lopez, who also provided a copy of the letter.
Lopez said his statements were true, but OUR considered it to be “defamation.”
Later in the interview, Lopez told investigators that Ballard had an intense interest in inflating the “sizzle” of video-taped rescues to lead people to the Church of Jesus Christ of Latter-day Saints.
“Tim told everyone to put (tactical plate carrier) vests on because it will look so much cooler. Tim said multiple times, ‘it’s his job to use the sizzle of the rescue to lead people back to the Mormon covenant.’ Dave stated that according to Tim, that’s what this is all about, that’s why he’s doing all the movies and the story telling. He believes the Mormon Church is actually doing that with him, that Elder (M. Russell) Ballard of the Mormon Church is working with him on that secret agenda. ‘He believes that it’s his job to be this famous kind of Celebrity that gets everyone’s attention, but then in turn leads everyone to Mormonism.’”
“Dave said he thinks Tim is fully convinced that he is supposed to be the ‘Mormon Messiah and lead people back to the church.’”
Ballard successfully brought along high-profile individuals to operations – like influencer Tony Robbins and Pittsburgh Steelers Head Coach Mike Tomlin – in order to paint an exaggerated picture of how OUR works, according to Lopez.
“I know Glenn (Beck) and Tony (Robbins) and all these guys that are giving all this money thinking that something is happening, that’s really not happening. Plain and simple and it just kinda eats me up that there is this façade out there.”
Losing the trust of law enforcement
Carlos Rodriguez, who used to serve as OUR’s domestic coordinator, supplied a 2020 email to investigators in which he questioned the nonprofit’s marketing and fundraising tactics.
Rodriguez stated he was relying on his experience as a law enforcement officer to highlight problems within OUR.
“When we put out information that isn’t spot on, sensationalized, wrong, or outdated, we won’t be trusted,” he wrote. “Not all of the things that are put out there by us are wrong, but we need to tighten it up."
"The majority of people that digest this will think this is all the truth because they want to help children and stop them form (sic) being victimized, but we have a responsibility to get this right. I don’t think we are getting this right.”
Rodriguez’s email also stated he felt the mission of OUR had become too politicized.
In response, a group of OUR employees met to discuss Rodriguez’s concerns.
Rodriguez recorded the meeting and provided it to investigators, who documented it as part of the criminal case file.
Records show Ballard responded by stating the nonprofit’s focus on storytelling is a critical part of the mission.
“There’s a way to talk to people that I have learned that has brought us a lot of success,” Ballard said. “Wouldn’t it be a dream if someday our founder is invited to the White House and Congress and he’s on FOX News every other week? ... and you strive for that."
Rodriguez said he learned many law enforcement agencies refuse to work with OUR, possibly because of the way Ballard and the nonprofit market themselves.
“There are people in the field that don’t like you, and I don’t think that it’s just because they are haters.”
While some employees supported Ballard, others said Rodriguez had a point.
“I hope you agree with me that without law enforcement, we can’t do anything,” said Jon Lines, according to Purdy’s report. “We are getting shut down at many passes quite often.”
“Jon states that if they are going to put out documentaries, videos and social media, they need to do it really well and scrutinize and criticize the things that are put out. ‘Make sure we don’t inaccurately depict the things we actually do and stand for.’”
According to a documented interview with Stockwell, Ballard wanted to partner with law enforcement in Houston for Super Bowl LI, but the city refused to get involved with OUR.
In a separate email obtained by investigators, Lines stated a future documentary should downplay employee salaries and remove a scene in which OUR paid $5,000 to a “dirtbag” for an introduction as part of an operation. He said the goal is to prevent donors from losing confidence in the mission.
“(It) would turn the stomachs and hearts of those who donate to us, guaranteed,” Lines wrote. “We are a non-profit that receive sacred funds from many private people to include little old ladies and struggling families.”
Lines also stated it was incredibly important to blur the face of Alan Crooks, a general consultant and campaign employee for Reyes.
Lines added that Reyes might be getting too much screen time in the documentary “for only showing up to play body guard for a day.”
Accounting for donor dollars
Records from Stockwell’s interview at the FBI Provo Office in 2021 illustrate how she told criminal investigators that OUR disliked the accountability that's supposed to come with documenting what happens to donor dollars.
Stockwell stated she was particularly concerned with the lack of services provided to human trafficking survivors after they are rescued, known as “aftercare.”
Many donors “wanted to give to aftercare a lot,” she said, according to the report.
“Cherstyn said they don’t do after care. They don’t have any aftercare,” Purdy wrote. “Cherstyn said that is a huge problem with OUR is they don’t have a single licensed therapist on staff.”
Instead, Stockwell said the nonprofit can trigger survivors by pressuring them to tell their stories to fundraise for OUR. In one case, a survivor reportedly said she felt traumatized by an appearance on the Dr. Oz show.
In one instance, Stockwell said the Malouf Foundation reportedly discovered money was being passed through OUR as a middleman to different organizations.
“Cherstyn said she tried to tell Tim and the OUR staff to just tell the donors the truth but they didn’t like that,” Purdy wrote. “They wanted to promote that OUR was doing the rescues and all the work.”
Stockwell reportedly said she was led to believe that 80% of all donations went to OUR’s mission, which she relayed to donors. She said she later found out that was not true, as 33% of funds went into a private investment account.
“Cherstyn said she asked Tim if they were at the 20% (overheard goal) and he said yes and Tim also heard Cherstyn speak it to donors and never corrected her.”
Where is the full file?
OUR has discouraged Davis County from releasing the full criminal investigative file.
The nonprofit's legal team sent a letter to Rawlings on May 19, 2023.
"OUR is aware that the Davis County Attorney’s Office is in possession of federal grand jury material. This material remains subject to the absolute secrecy imposed by Rule 6(e) and a knowing violation of the secrecy obligation may result in civil or criminal contempt," wrote attorney James P. Melendres.
The FBI has not commented on its role in the investigation.