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SALT LAKE CITY — A judge Tuesday rejected Fundamentalist LDS Church members' claim that being prosecuted for alleged food stamp fraud violates their religious rights.
"Defendants appear to argue that they have been targeted because of their religious beliefs. However, they fail to provide any factual support for this argument," U.S. District Judge Ted Stewart wrote in a 37-page decision.
Stewart denied FLDS members' motion to dismiss the criminal charges against them.
Members of the polygamous sect argued that the Religious Freedom Restoration Act allows them to share Supplemental Nutrition Assistance Program, or SNAP, benefits as part of their communal living.
Seth Jeffs contends his religious rights would be burdened if he is prohibited from donating food to the FLDS bishop's storehouse. Jeffs, the brother of imprisoned FLDS leader Warren Jeffs, worked at the storehouse accepting food and donations from church members.
Seth Jeffs argued that his church requires him live the "Law of Consecration" and give everything he has to the storehouse, including food and other items bought with SNAP benefits.
But Stewart concluded that Jeffs failed to show that his belief in the law is sincere.
Jeffs had an appetite for foods that were not found at the storehouse and he authorized the use of storehouse funds to buy high-quality meats, steaks, vegetables, chocolates, nuts, bakery goods and a luxury vehicle, according to the ruling.
"Not only did defendant Jeffs receive preferential treatment, he lived a much more extravagant lifestyle than other members," Stewart wrote.
Related:
FLDS say faith requires giving food stamps purchases to church
Accused FLDS Church members say donating food obtained through a government nutrition program to their church is no different than someone bringing goods bought with food stamps to a PTA bake sale or potluck dinner.Government prosecutors argued SNAP benefits must be used to buy food for an authorized recipient's household and can't be donated to another organization.
Furthermore, they say the program is designed to provide low-income families with money to purchase food to alleviate hunger and malnutrition. If recipients are allowed to buy food and donate it wholesale, there is no guarantee it would be used for that purpose, prosecutors say.
The 10 other defendants contend that SNAP statutes and regulations prevent them from living the “Law of Consecration.” But only Jeffs presented evidence that he donated food purchased with SNAP benefits to the storehouse. The others can't consecrate what they don't have, Stewart wrote.
The 11 defendants have pleaded not guilty to food stamp fraud and money laundering. Jeffs and John Wayman are being held in jail pending trial.
Lyle Jeffs, the highest-ranking leader indicted in the case, has been on the run for nearly four months since he slipped out of a GPS ankle monitor and escaped home confinement in the Salt Lake City area. The FBI is offering a $50,000 reward for his capture.
