{"id":2941,"date":"2025-01-29T14:39:52","date_gmt":"2025-01-29T21:39:52","guid":{"rendered":"https:\/\/novus2.com\/righteouscause\/?p=2941"},"modified":"2025-01-29T14:39:52","modified_gmt":"2025-01-29T21:39:52","slug":"sec-charges-against-ensign-peak-advisers-the-veil-over-lds-church-investments","status":"publish","type":"post","link":"https:\/\/novus2.com\/righteouscause\/2025\/01\/29\/sec-charges-against-ensign-peak-advisers-the-veil-over-lds-church-investments\/","title":{"rendered":"SEC Charges Against Ensign Peak Advisers: The Veil Over LDS Church Investments"},"content":{"rendered":"<div class='dropshadowboxes-container dropshadowboxes-center ' style='width:100%;'>\r\n                            <div class='dropshadowboxes-drop-shadow dropshadowboxes-rounded-corners dropshadowboxes-inside-and-outside-shadow dropshadowboxes-lifted-both dropshadowboxes-effect-default' style='width:auto; border: 1px solid #dddddd; height:; background-color:#ffffff;    '>\r\n                            <a href=\"https:\/\/novus2.com\/righteouscause\/2025\/01\/29\/sec-charges-against-ensign-peak-advisers-the-veil-over-lds-church-investments\/mormon-fraud\/\" rel=\"attachment wp-att-2942\"><img loading=\"lazy\" decoding=\"async\" class=\"aligncenter size-full wp-image-2942\" src=\"https:\/\/novus2.com\/righteouscause\/wp-content\/uploads\/2025\/01\/Mormon-fraud.png\" alt=\"\" width=\"750\" height=\"695\" srcset=\"https:\/\/novus2.com\/righteouscause\/wp-content\/uploads\/2025\/01\/Mormon-fraud.png 750w, https:\/\/novus2.com\/righteouscause\/wp-content\/uploads\/2025\/01\/Mormon-fraud-300x278.png 300w, https:\/\/novus2.com\/righteouscause\/wp-content\/uploads\/2025\/01\/Mormon-fraud-150x139.png 150w\" sizes=\"auto, (max-width: 750px) 100vw, 750px\" \/><\/a><\/p>\n<p><a href=\"https:\/\/www.disruptionbanking.com\/2023\/09\/26\/how-a-huge-hedge-fund-masqueraded-as-a-religious-charity-for-20-years-nobody-cared\/\" target=\"_blank\" rel=\"noopener\"><strong>DisruptionBanking.com<\/strong><\/a>: Surprisingly, the IRS didn\u2019t do anything at all, and the SEC levied a minuscule fine. And so, after 4 or 5 years, the SEC finally charged the fund with \u201cdisclosure failures and misstated filings,\u201d asking for a measly $5 million slap on the wrist. EP agreed to pay $4 million and the Church agreed to pay $1 million.<\/p>\n<p>To give an idea of how lenient that is, take, as a comparison, the fine Deutsche Bank, an inveterately criminal organization, had to pay for \u201cslow progress\u201d against money laundering: $186 million. The disparity is marked, due to the fact that the SEC feels entitled to the proceeds from private enterprises but not from religious organizations.<\/p>\n<p>The SEC order stated, \u201cThe Church was concerned that disclosure of its portfolio, which by 2018 grew to approximately $32 billion, would lead to negative consequences. To obscure the amount of the Church\u2019s portfolio, and with the Church\u2019s knowledge and approval, Ensign Peak created thirteen shell LLCs, ostensibly with locations throughout the U.S., and filed Forms 13F in the names of these LLCs rather than in Ensign Peak\u2019s name.\u201d<\/p>\n<p>\u201cThe Devil Made Me Do It\u201d &#8212; The church blamed its attorneys for advising them to create shell companies (a.k.a. \u201cThe Devil made me do it!\u201d), telling 60 Minutes \u201cWe don\u2019t feel it\u2019s being secret. We feel it\u2019s being confidential.\u201d \r\n                            <\/div>\r\n                        <\/div>\n<h3><span style=\"color: #175c6b;\"><strong>LDS news you may have missed last year involving major Church fraud.<\/strong><\/span><\/h3>\n<p><a href=\"https:\/\/www.disruptionbanking.com\/2023\/09\/26\/how-a-huge-hedge-fund-masqueraded-as-a-religious-charity-for-20-years-nobody-cared\/\" target=\"_blank\" rel=\"noopener\"><strong>How a Huge Hedge Fund Masqueraded as a Religious Charity for 20 Years &amp; Nobody Cared<\/strong><\/a><\/p>\n<blockquote><p>One of the largest hedge funds in the world was pretending to be a religious charity until recently. Estimates of its assets range between $50 billion and more than $150 billion. As a religious charity, the hedge fund was tax-exempt for two decades, while sucking up donations from unwitting church members.<\/p>\n<p>That\u2019s because the hedge fund is owned by the Church of Jesus Christ of Latter-day Saints, otherwise known as the Mormon Church. Church members unwittingly donated to Ensign Peak Advisors (EP), a clandestine hedge fund investing their money in stocks and bonds without their knowledge.<\/p>\n<p>As ordered by The Holy Bible, the church\u2019s 17 million faithful give 10% of their income, known as a tithe, and the church takes this money and does what it likes with it. Only, after paying for operational costs, roughly $1 billion a year was routed for the last twenty years to to shell companies controlled via a fake religious charity.<\/p>\n<p>However, the charity never engaged in one single charitable act. Instead, according to a whistleblower, \u201conce the money went in, it didn\u2019t go out.\u201d It\u2019s actually difficult to imagine something more despicable to do to a congregation.<\/p>\n<p>For 22 years, church leaders guarded the secret, until, David Nielson, a senior portfolio manager at EP, blew the whistle, filing a report with the Internal Revenue Service (IRS).<\/p><\/blockquote>\n<p><div class='dropshadowboxes-container dropshadowboxes-center ' style='width:100%;'>\r\n                            <div class='dropshadowboxes-drop-shadow dropshadowboxes-rounded-corners dropshadowboxes-inside-and-outside-shadow dropshadowboxes-lifted-both dropshadowboxes-effect-default' style='width:auto; border: 1px solid #dddddd; height:; background-color:#ffffff;    '>\r\n                            Ex-head of portfolio management for the investment arm of the Church of Jesus Christ of Latter-day Saints has accused it of masquerading as a charity and abusing its tax-exempt status. It is alleged that money amassed through member donations was being put to use to bail out businesses affiliated with the church.<\/p>\n<p>A whistleblower complaint filed with the IRS in 2019 by David Nielsen, after nine years at Ensign Peak Advisors, estimated the investment portfolio of that firm swelled to more than $100 billion during his time there. In his first public interview, Nielsen told 60 Minutes the organization kept false records and made false statements in hopes of giving at least the appearance of a charity. He further claimed that the firm hoarded funds while misleading church members about their intended use.<\/p>\n<p style=\"text-align: center;\"><iframe loading=\"lazy\" title=\"YouTube video player\" src=\"https:\/\/www.youtube.com\/embed\/pn-U-QOXm0E?si=YXXupxsLdrDnmvPY\" width=\"560\" height=\"315\" frameborder=\"0\" allowfullscreen=\"allowfullscreen\"><\/iframe><\/p>\n<h3>\r\n                            <\/div>\r\n                        <\/div><br \/>\n<span style=\"color: #175c6b;\"><strong>Introduction<\/strong><\/span><\/h3>\n<p>In February 2023, the U.S. Securities and Exchange Commission (SEC) took an unprecedented step by charging Ensign Peak Advisers, Inc., the investment manager for The Church of Jesus Christ of Latter-day Saints (LDS Church), with failing to disclose its equity investments. This case spotlighted the use of shell companies to obscure the church&#8217;s investment portfolio, which was estimated to exceed $100 billion. Despite settling the charges with a $5 million fine, the LDS Church controversially retained its tax-exempt status, sparking significant public and legal scrutiny.<\/p>\n<h3><span style=\"color: #175c6b;\"><strong>The SEC&#8217;s Allegations<\/strong><\/span><\/h3>\n<p>The SEC alleged that from 1997 to 2019, Ensign Peak Advisers failed to file the necessary Form 13F disclosures, which are mandatory for institutional investment managers managing over $100 million in equity assets, to reveal their holdings. Instead of transparent reporting, Ensign Peak created 13 shell companies across the U.S. to file these forms, effectively hiding the church&#8217;s extensive investment activities. This maneuver not only obscured the church&#8217;s financial status but also potentially evaded tax scrutiny on what could be considered taxable income.<\/p>\n<p><span style=\"color: #ff0000;\"><strong>Creation of Shell Companies:<\/strong> <\/span>Ensign Peak&#8217;s strategy involved forming these shell companies to give the impression of diverse, independent investment entities, while in reality, the church retained full control over all investment decisions.<\/p>\n<p>The Salt Lake Tribune: <a href=\"https:\/\/www.sltrib.com\/religion\/2023\/02\/21\/lds-church-investment-firm-agree\/\" target=\"_blank\" rel=\"noopener\"><strong>LDS Church to pay $5M for hiding stock holdings, needs to \u2018rebuild trust\u2019<\/strong><\/a><\/p>\n<blockquote>\n<figure id=\"attachment_854\" aria-describedby=\"caption-attachment-854\" style=\"width: 250px\" class=\"wp-caption alignright\"><a href=\"https:\/\/novus2.com\/righteouscause\/?attachment_id=854\" rel=\"attachment wp-att-854\"><img loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-854\" src=\"https:\/\/novus2.com\/righteouscause\/wp-content\/uploads\/2024\/05\/250x3px-red.png\" alt=\"\" width=\"250\" height=\"3\" srcset=\"https:\/\/novus2.com\/righteouscause\/wp-content\/uploads\/2024\/05\/250x3px-red.png 250w, https:\/\/novus2.com\/righteouscause\/wp-content\/uploads\/2024\/05\/250x3px-red-150x2.png 150w\" sizes=\"auto, (max-width: 250px) 100vw, 250px\" \/><\/a><figcaption id=\"caption-attachment-854\" class=\"wp-caption-text\"><a href=\"https:\/\/www.sec.gov\/newsroom\/press-releases\/2023-35\" target=\"_blank\" rel=\"noopener\"><strong>Washington D.C., Feb. 21, 2023<\/strong><\/a>:<br \/><span style=\"color: #175c6b;\"><em>We allege that the LDS Church\u2019s investment manager, with the Church\u2019s knowledge, went to great lengths to avoid disclosing the Church\u2019s investments, depriving the Commission and the investing public of accurate market information.<\/em><\/span><br \/>~ Gurbir S. Grewal, Director, SEC Division of Enforcement<\/figcaption><\/figure>\n<p>The overarching drive of The Church of Jesus Christ of Latter-day Saints to keep the size and scope of its wealth hidden at all cost is now going to cost it.<\/p>\n<p>In a settlement announced Tuesday with U.S. Securities and Exchange Commission, the Utah-based faith and its investment arm, Ensign Peak Advisors, have agreed to pay $5 million in penalties for failing to properly disclose past stock holdings and going to \u201cgreat lengths\u201d to deliberately \u201cobscure\u201d the church\u2019s investment portfolio.<\/p>\n<p>The development came within days of new stories revealing that the SEC was investigating the church and Ensign Peak. Under the deal, which appears to conclude the probe, Ensign Peak will pay $4 million and the church $1 million within 10 days to the U.S. Treasury.<\/p>\n<p>The SEC charged the Salt Lake City investment firm with \u201cfailing to file forms that would have disclosed the church\u2019s equity investments,\u201d according to an agency news release, \u201cand for instead filing forms for shell companies that obscured the church\u2019s portfolio and misstated Ensign Peak\u2019s control over the church\u2019s investment decisions.\u201d The SEC also charged the church with \u201ccausing these violations.\u201d<\/p>\n<p>In its own news release posted soon after the SEC announcement, the church expressed its \u201cregret\u201d for what it termed as errors and that \u201cinvestment returns\u201d \u2014 not members\u2019 tithes \u2014 would be used to cover the settlement.<\/p>\n<p>\u201cWe affirm our commitment to comply with the law,\u201d it said, \u201cregret mistakes made, and now consider this matter closed.\u201d<\/p>\n<p><span style=\"color: #175c6b;\"><strong>Some Latter-day Saints were troubled by the disclosures.<\/strong><\/span><\/p><\/blockquote>\n<p><span style=\"color: #ff0000;\"><strong>SEC&#8217;s View:<\/strong><\/span> Gurbir S. Grewal, then director of the SEC&#8217;s Division of Enforcement, stated that Ensign Peak &#8220;went to great lengths to avoid disclosing the church&#8217;s investments, depriving the Commission and the investing public of accurate market information.&#8221;<\/p>\n<h3><span style=\"color: #175c6b;\"><strong>Public and Legal Outrage<\/strong><\/span><\/h3>\n<p><em><span style=\"color: #175c6b;\"><strong>The revelation of these practices led to a significant backlash:<\/strong><\/span><\/em><\/p>\n<p><span style=\"color: #ff0000;\"><strong>Tax-Exempt Status:<\/strong><\/span> The church, despite agreeing to pay a $5 million penalty &#8211; $4 million by Ensign Peak and $1 million by the church itself &#8211; continued to enjoy its tax-exempt status as a religious organization. This outcome was especially contentious because of the size of the investment fund and the perception of evading tax responsibilities ().<br \/>\n<span style=\"color: #ff0000;\"><strong>Public Reaction:<\/strong> <\/span>Posts on X highlighted the disparity between the church&#8217;s wealth and its tax obligations, with sentiments like &#8220;The Church of Jesus Christ of Latter-day Saints and its investment arm have been fined $5 million for using shell companies to obscure the size of its $32 billion portfolio,&#8221; reflecting a broader public frustration ().<br \/>\n<span style=\"color: #ff0000;\"><strong>Legal and Ethical Questions:<\/strong> <\/span>The case raised questions about the ethics of using tax-exempt status to manage such vast investments, particularly when these funds are not directly used for charitable activities as one might expect from a religious institution.<\/p>\n<h3><span style=\"color: #175c6b;\"><strong>LDS Church&#8217;s Response<\/strong><\/span><\/h3>\n<p><span style=\"color: #175c6b;\"><em><strong>In response to the charges and the subsequent public outcry, the LDS Church emphasized:<\/strong><\/em><\/span><\/p>\n<p><span style=\"color: #ff0000;\"><strong>Compliance and Regret:<\/strong><\/span> The church stated it had worked with the SEC for years to reach a settlement and expressed regret for &#8220;mistakes made,&#8221; emphasizing that it had relied on legal counsel concerning its reporting obligations ().<br \/>\n<span style=\"color: #ff0000;\"><strong>Use of Funds:<\/strong><\/span> Church leaders clarified that the investments were part of a &#8220;rainy-day fund&#8221; intended for future challenges or crises, rather than immediate charitable disbursement, although specifics on how these funds would be used were not detailed ().<br \/>\n<span style=\"color: #ff0000;\"><strong>Confidentiality vs. Secrecy:<\/strong><\/span> The church maintained that its approach was about maintaining confidentiality rather than secrecy, a nuance that did little to quell public skepticism ().<\/p>\n<h3><span style=\"color: #175c6b;\"><strong>Broader Implications<\/strong><\/span><\/h3>\n<p><span style=\"color: #ff0000;\"><strong>Regulatory Oversight:<\/strong> <\/span>This case has prompted discussions about the oversight of large religious organizations&#8217; financial practices, especially when they operate significant investment arms.<br \/>\n<span style=\"color: #ff0000;\"><strong>Tax Policy:<\/strong> <\/span>There&#8217;s been a renewed call for reviewing how tax exemptions are applied to religious organizations with large investment portfolios, questioning whether such exemptions align with the spirit of tax law meant to support charitable activities.<br \/>\n<span style=\"color: #ff0000;\"><strong>Transparency in Religion:<\/strong> <\/span>The incident has fueled debates on the transparency of religious institutions, particularly those with extensive financial operations, in an era where public trust in institutions is waning.<\/p>\n<p>The SEC&#8217;s charges against Ensign Peak Advisers not only brought to light the complexities of financial management by religious institutions but also ignited a debate over the ethics, legality, and public accountability of such practices. While the $5 million fine might seem like a small penalty compared to the assets involved, the case has undeniably left a lasting impact on how the public views the intersection of faith, finance, and fiscal responsibility. The LDS Church&#8217;s continuation of its tax-exempt status, despite these revelations, remains a point of contention and a call for perhaps more stringent regulations or at least greater transparency in the future.<br \/>\n<div class='dropshadowboxes-container dropshadowboxes-center ' style='width:100%;'>\r\n                            <div class='dropshadowboxes-drop-shadow dropshadowboxes-rounded-corners dropshadowboxes-inside-and-outside-shadow dropshadowboxes-lifted-both dropshadowboxes-effect-default' style='width:auto; border: 1px solid #dddddd; height:; background-color:#ffffff;    '>\r\n                            Mormon David Nielsen left his job at Ensign Peak Advisors, the Church of Jesus Christ of Latter-day Saints\u2019 investment firm, and filed an IRS whistleblower complaint. In this video, he speaks with Sharyn Alfonsi.<\/p>\n<p style=\"text-align: center;\"><iframe loading=\"lazy\" title=\"YouTube video player\" src=\"https:\/\/www.youtube.com\/embed\/k3_Fhq7sEHo?si=ueGP-UNfbdu3odh4\" width=\"560\" height=\"315\" frameborder=\"0\" allowfullscreen=\"allowfullscreen\"><\/iframe><\/p>\n<p>\r\n                            <\/div>\r\n                        <\/div><\/p>\n","protected":false},"excerpt":{"rendered":"<p>LDS news you may have missed last year involving major Church fraud. How a Huge Hedge Fund Masqueraded as a Religious Charity for 20 Years &amp; Nobody Cared One of the largest hedge funds in the world was pretending to be a religious charity until recently. Estimates of its assets range between $50 billion and&#8230;<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":true,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2}},"categories":[44,45,57],"tags":[],"class_list":["post-2941","post","type-post","status-publish","format-standard","hentry","category-latter-day-saints","category-mormonism","category-religion"],"jetpack_publicize_connections":[],"jetpack_featured_media_url":"","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/novus2.com\/righteouscause\/wp-json\/wp\/v2\/posts\/2941","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/novus2.com\/righteouscause\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/novus2.com\/righteouscause\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/novus2.com\/righteouscause\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/novus2.com\/righteouscause\/wp-json\/wp\/v2\/comments?post=2941"}],"version-history":[{"count":0,"href":"https:\/\/novus2.com\/righteouscause\/wp-json\/wp\/v2\/posts\/2941\/revisions"}],"wp:attachment":[{"href":"https:\/\/novus2.com\/righteouscause\/wp-json\/wp\/v2\/media?parent=2941"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/novus2.com\/righteouscause\/wp-json\/wp\/v2\/categories?post=2941"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/novus2.com\/righteouscause\/wp-json\/wp\/v2\/tags?post=2941"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}