Failed Effort to Subpoena True Mother as a Witness and the Immorality of H1 and the Kwak Group

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Special Report by the Unification Members’ Committee on Countermeasures

Failed Effort to Subpoena True Mother as a Witness and the Immorality of H1 and the Kwak Group

Beloved leaders and blessed families of the Unification Movement around the world, 

The on-going UCI lawsuit in the U.S. is advancing, with the trial scheduled be begin around April 2018. As was recently reported, we expect our Unification Movement to win the case as long as no major issues come up. Throughout the lawsuit, H1 and the Kwak Group have persistently tried to have True Mother subpoenaed. As previously mentioned, True Mother was eventually subpoenaed and scheduled to appear in court at the end of November. However, the judge overseeing the case cancelled the subpoena. The Committee would like to share the good news to all leaders and blessed families that H1 and the Kwak Group’s regrettable attempt has gone down the drain.

1. Background to the Subpoena

As previously reported, the ruling by the US High Court is now pushing H1 and the Kwak Group on the defensive. UCI can no longer freely use the funds [they expropriated]. From January of this year, court orders and asset freezes prohibiting them from using the expropriated funds are being issued by courts not only in the United States but also in Switzerland, Hong Kong, Malaysia and other nations. These asset freezes have severely handicapped H1 and the Kwak Group’s GPF activities. 

In order to have the entire US lawsuit thrown out, H1 and the Kwak Group actively engaged in a media and public relations campaign using various platforms such as social media with the aim of confusing the membership at large, sow seeds of discord and ramp up opposition to lawsuits among members. H1 and the Kwak Group continue claiming that just as they won the lawsuit over the Yeouido Holy Ground, they have won all overseas lawsuits. If their claim is true, they certainly would not implement a strategy of dragging the US UCI lawsuit for as long as possible and try to have it stopped; instead, they would seek for a swift ruling. Such actions would match their claim. 

However, H1 and the Kwak Group know. They are well aware that they cannot but lose in the US court. This is because the claims and reasoning behind the Yeouido Holy Ground lawsuit (lawsuit to invalidate a contract) and that of the US UCI lawsuit (lawsuit about trustees) are different. Furthermore, the fundamental facts and grounds on which both lawsuits are based on are completely different. The Yeouido Holy Ground lawsuit focused on deciding the validity of the contract that determined surface and development rights. Ten years before the lawsuit, Y-22 had already received the rights to develop the land in Yeouido. However, Y-22 deceived the entire Unification Community by ignoring the promise to build the World Mission Headquarters building and by selling the development rights to the land for a treacherously low price. The Unification Community discovered this fact and attempts were made to invalidate the development contract by launching a lawsuit to have the registration of the surface rights cancelled. Unfortunately, despite gallant efforts, the lawsuit was lost. 

It is the committee’s opinion that if the claims and reasoning behind the Yeouido Holy Ground lawsuit had followed that of the UCI case in the US, the Yeouido lawsuit would not have been lost and no compensation would have been paid. In other words, the Yeouido lawsuit should have focused on the Trust Act and become a trust litigation aimed at having the Holy Ground returned to its rightful owner by suing for the shares to be returned and an injunction placed on the transfer of title deed. The compensation paid by the Tongil Foundation was for breach of cooperation related to duties stated within the development contract and for breach of duty in good faith. However, breach of contract duty and breach of duty in good faith would be irrelevant in a litigation seeking for Y-22 shares to be returned to its original owner. Hence, the UCI lawsuit in the US and the Yeouido lawsuit in Korea are fundamentally different. If we win the trust litigation case in the US, UCI will be returned and Y-22 (surface rights and development rights) will also naturally be returned to us. 

On December 24, 2016, the Washington DC High Court strongly ruled in our favor, pushing H1 and the Kwak Group on the defensive. Following several failed attempts at reversing their losses, H1 and the Kwak Group initiated an attempt of last resort by scheming to have the trial suspended. This is clearly evident in the threatening letter sent by the Kwak Group to Mr. OOO for leaving them in January 2017 after having been their representative. H1 and the Kwak Group also set out to morally harm True Parents the Unification Movement by blasphemously pushing for True Mother to be subpoenaed. Furthermore, H1 and the Kwak Group are embarking on a dangerous course by threatening to go public with corruption allegations and even details about the private lives of True Children and leaders of the Unification Community.

Initially H1 and the Kwak Group tried to have True Mother subpoenaed in September. When this attempt was blocked by the Washington DC High Court, they pushed again for a subpoena and a date was set for November. However, the High Court judge decreed an order that only granted two lines of questioning during the subpoena: 

1. Questions related to the founding of UCI

2. Questions related to the process through which Moon Hyun Jin Nim’s resignation was demanded.  

Hence, if True Mother appeared in court, she would stood in the position of witness, not a suspect.

2. Background to the Cancellation of the Subpoena

In the midst of this situation, we have good news for the Unification Community. On November 18, 2017, the US High Court issued a new ruling cancelling True Mother’s subpoena. The judge ruled that True Mother did not need to agree to being contemptuously interrogated by the UCI side. Seeing the reprehensible attempts by H1 and the Kwak Group to have True Mother subpoenaed to be tormented, the judge deplored the prospect of seeing a child excessively torment his mother and cancelled the subpoena. The judge’s ruling is a clear recognition that the Kwak Group’s atrocious takeover of UCI was wrong. 

And yet, despite the inevitable and inexorable victory of the Unification Movement, H1 and the Kwak Group continues, even at this very moment, to seek for ways to damage at all costs the status of True Parents and the reputation of the Unification Movement. Recently, H1 and the Kwak Group also suddenly withdrew their persistent requests for True Children like IJ Nim and KJ Nim, in addition to True Mother, be subpoenaed. Looking at their past actions, such a move cannot be considered to be coincidental. However, whatever H1 and the Kwak Group may plot, whatever schemes they make hatch, they can no longer reverse the coming victory of the Unification Movement.   

Beloved leaders and blessed families of the Unification Movement, 

To conclude, H1 and the Kwak Group’s persistent attempts at having True Mother subpoenaed only to be humiliated in court and be profoundly hurt to legitimize their takeover of UCI have all gone down the drain. Moreover, all their attempts to have the trial suspended by threatening True Mother and the Unification Movement will be in vain. H1 and the Kwak Group must stop their devious and acts of treason. They must return all public assets belonging to the Unification Movement and abstain from engaging in blasphemous and immoral actions before True Parents. 

Thank you. 

10.4 in the 5th year of Cheon Il Guk (November 21, 2017) 

Unification Members’ Committee on Countermeasures