Tim Ballard E9: The Lawsuit

0:00A warning. This episode contains discussion of sexual assault that may be disturbing. Listener discretion is advised. As a note, we reached out to Tim Ballard's attorney to request an interview. Our requests went unanswered. And one last thing. After Tim Ballard left the anti-trafficking organization OUR in 2023, it was renamed OUR Rescue. Its new leaders say they do not condone Tim Ballard's alleged actions while part of the old organization. For the last eight episodes, we've laid out for you the Tim Ballard story. The rise, the fall, the friends in high places who amplified his message, and in a number of ways validated it too.

0:47We've also told you about the troubling allegations of sexual misconduct, the troubling behavior described by people close to OUR. And as we've discovered, these issues aren't exclusively about Tim Ballard. They're also about OUR, the organization he built. Given all the issues swirling around Ballard, it's not surprising OUR Rescue has tried to distance itself from him. But I don't mean that they just replaced him as CEO and publicly cut ties with him. I mean they are really putting some distance between OUR Rescue and Tim Ballard. The new leadership recently went so far as announcing that OUR Rescue is moving.

1:31And I don't mean a new office building in another part of Utah. They are going states away, from their home in Salt Lake City to Minneapolis, Minnesota, more than 1 ,200 miles away. And this isn't even the biggest news. Look, I totally get it if the Tim Ballard story is tough to keep track of. Probably seems like a barrage of lawsuits and countersuits. But one of the most intriguing parts of the Tim Ballard saga is the latest twist in all of the ongoing legal drama. It's the accusation that Ballard and his associates are themselves guilty of human trafficking. Honestly, that accusation wasn't really a shock for me.

2:14When we kicked off this show back in August, we actually talked about it during our very first interview with Brie Ryder, one of the women who filed. Hearing her story, what she was pressured into after reading the other women's statements, well, it all sounded to me a whole lot like trafficking. And it does sound like the only trafficking you saw was Tim Ballard actually trafficking you and other women. Yeah, so that's an incredibly important point, right? So I was asked by someone And recently what I thought was kind of a funny question that really missed the point. Do I think Tim Ballard sexually harassed me?

2:57And I almost laughed because, well, yes, but that sexual harassment was part of a grooming process for trafficking. Right. So we were groomed and we were trafficked. And that is the only trafficking that I saw while working with OUR.

3:19This is The Opportunist, an original podcast from Podcast One. You're listening to the ninth episode in our series on Tim Ballard and Operation Underground Railroad. I'm your host, Sarah James McLaughlin.

3:35While our series is coming to a close, just to clarify, the legal fight isn't anywhere near over. In fact, it's just heating up. On October 22nd, 2024, a federal court in Utah had a new case on its calendar. There were six plaintiffs. Those of you who have listened to the show so far will remember Brie Ryder, Celeste Borys, Mary Hall, Sasha Hightower, Krista Casey, and Keira Lynch. You've heard four of these brave women tell their story. This time, as a united front, they're taking Tim Ballard to federal court.

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5:45There's a federal statute that prohibits that, and that claim is being made in federal court, which is obviously a different allegation than what we've seen in the state courts. He's made this reputation on being the preeminent anti-trafficking advocate in the country. And this goes to the heart of that by alleging that he actually moved these women across state lines in a plot to exploit them. Tim Ballard's name, his reputation, and the entire infrastructure of OUR was built on the back of eliminating human trafficking. They were synonymous with each other. And because they were synonymous, Ballard was working to build a brand, much the same way Adam Neumann was building the brand WeWork and Mike Lindell with MyPillow, John McAfee and the McAfee antivirus software.

6:35But this new lawsuit alleges that Ballard and his associates, Matt Cooper and Michael Perinta, as well as OUR and a Wyoming non-profit, MS Williams, they were all part of the alleged trafficking. And at the root of the claims? One of the key elements of the work that Ballard outlined to volunteers. Something he was open, clear, and more than willing to talk about. The couple's ruse. We've talked about it a lot on this show. Here's Tim Ballard and an exhibit in the federal lawsuit banging that drum again. complaining that those of us outside the world of human trafficking don't understand what his work entails, that we don't get it.

7:21I know the couple's ruse might sound weird to some people. It doesn't fit anywhere into the white handbook that says how to, you know, how to keep the kingdom orderly. There's no section on how to rescue children from sex traffickers. Let's go back to Brie Ryder. She sued Tim Ballard in late 2023 after sustaining multiple injuries at an OUR training session in Draper, Utah. That suit has since been dismissed because of a liability waiver she signed. But she is one of the plaintiffs in this federal lawsuit, and this is her from one of our previous episodes, describing how Tim Ballard first explained the couple's ruse to her.

8:02And there's this really special thing that we do on my team that's really, really crucial to this work. And we're saving kids with this. And what wouldn't you do, you know, to save a child? And that is the couples ruse. And, you know, with this couples ruse, we pair you up with someone who you pretend to be in a relationship with. And it has to be extremely believable. You know, so there's real touching, real sexual interactions. This underscores Ballard's insistence that this thing is part of the larger, more noble effort. Like, yeah, it's uncomfortable, but it's this necessary evil for the mission.

8:41But it's also a direct violation of the NDA that all the women had to sign, which clearly says the limitations of the couple's ruse is, quote, not engaging in kissing and touching or exposing of private parts. Here's Robert Gerke again. The federal lawsuit is interesting in that it kind of goes to the core of who Tim is, right? Because he made his reputation on being the premier anti-trafficking face in the United States. And now this is making the direct allegation that he moved these women across state lines. The complaint filed says, quote, Under the guise of philanthropic operations aimed at rescuing women and children from human trafficking, Ballard used his position of influence and trust to exploit individuals.

9:31Ballard specifically targeted women for sex, labor, and other services in violation of federal anti-trafficking laws. It also goes on to allege what it outlines as manipulation of emotions, normalizing of boundary-crossing behaviors, and outright gaslighting. We need to reframe our understanding of what a predator actually looks like. That's Suzette Rasmussen. She's one of the attorneys representing the plaintiffs in the federal lawsuit. The stereotype of a scary stranger lurking in a dark alley is not the reality in most cases. Predators can be polished, clean-cut individuals who are active and respected members of the community.

10:13They hide behind an image that deflects suspicion, which makes it harder for victims to be believed and for others to see the truth. Second, we need to better understand the methods that predators use, such as grooming tactics and be able to recognize the signs of abuse and trauma responses in the survivors. So grooming is often subtle, manipulative, and calculated, and it's designed to disarm victims and those around them. The courage it takes for these women to come forward, often against tremendous pressure, is really extraordinary. I think it's worth repeating that we have asked attorneys representing the defense for interviews, and they haven't responded.

11:00But Ballard's attorney, Mark Eisenhut, did give a statement to the Salt Lake Tribune. He said, quote, After a nearly unbroken string of defeats in every state court that has heard their cases, the plaintiffs are engaging in desperate forum shopping with the same tired allegations which one judge after another has called inconsistent and unsupported by facts. I also want to note here that Brie Ryder's lawsuit specifically was not thrown out because of unsupported facts. It was thrown out because the judge said the waiver Brie Ryder had signed gave OUR immunity from being held liable. A sort of document loophole, a retroactive consent.

11:38Here's Brie talking about that loophole. So essentially, the judge claimed that that liability waiver that was signed after my injury, specifically for my trip to Thailand with OUR, could be backdated and cover all of my previous history with OUR and all of my future. Right. So essentially, the judge has has said no matter how OUR harms you, unless there's a criminal investigation, which we know is not hasn't been effective. OUR can now essentially has permission to harm you. And you can't bring a lawsuit because you have signed away liability for any past or future harms. Not necessarily a bold legal declaration of OUR's innocence, but it still cleared OUR in that one case.

12:31As far as a federal lawsuit is concerned, buried in those pages are text messages between some of the plaintiffs and Ballard. And if you read these text messages, one thing is clear. They are painfully awkward. It's Ballard and women whose names aren't revealed, but they sound like middle schoolers. Skirting around their words, too timid to say what they really mean. The intention is obvious, but the delivery? Really cringey. Here's an example. We all get chocolate shakes at the airport when it's all over. Ha ha ha ha. Okay, done. You thought I was going to say something else, didn't you? Yes.

13:12I thought you were going to forbid the touching of some body part. LOL, no. It's not my body, remember? In that case, you should request I do stuff you like to you. You need to tell me what that is. Not here. Maybe on the airplane, if no one else can hear. The conversation is a back and forth with Ballard testing boundaries, just pushing to see how far his sexual innuendos can get. Saying prayers makes you feel sexy? LOL, that's not what I meant. We were actually saying prayers. I know. Just having fun with prayer sex. But I do not like being scared. I do like romantic. What does romantic mean to you?

14:03Hmm. Let me think about that answer and tell you tomorrow. Me too. I told you I'm a demisexual. Yes, you did. Which is why I can't even eggplant emoji, even with the hottest sex workers. Seriously, my job is loony tunes. He sends explicit photos and even asks the woman to describe how she looks after getting waxed. It's unsettling and it's really, really creepy. But it's not just creepy, it's wildly inappropriate for several reasons. Keep in mind these women are his subordinates, which makes the power dynamic impossible to ignore. Added to the fact that Ballard is a married man and claims to be a devout Mormon, someone expected to uphold strict moral standards.

14:56This kind of behavior should never fly in a professional setting. In fact, where was HR? Protecting the company or protecting Ballard? How is this dynamic ever allowed to happen? In addition to the text messages, there are harrowing accounts and allegations of assault. These include reports of groping, touching inner thighs, and engaging in what's described as simulated sex. The accusations then escalate to unsimulated and non-consensual acts. Teak, for example, Celeste Borys, who alleges that while in Ecuador, Tim Ballard took her to a massage parlor where she was sexually assaulted by a masseuse who digitally penetrated her.

15:41Boris claims that after this assault, she was coerced into taking boudoir photos of herself to send to an escort in Mexico. Those photos were also used to create a profile in London. She further alleges that Ballard sexually assaulted her at his Linden, Utah office shortly before their departure for an operation in Mexico. Some of these allegations were initially obscured by the justification of the couple's ruse, but they far exceeded any pretense of this so-called tactic. These claims point to the act of taking individuals from one place to another for the purposes of sexual activity. And that constitutes sex trafficking.

16:20Tim Ballard claimed that all of this was vital to the work he, his operators, and the larger OUR organization was doing. When this lawsuit emerged, it reminded me of something Brie Ryder said during our conversation, something that all of the women have been very open about all along. We were groomed and we were trafficked, and that is the only trafficking that I saw while working with OUR. After the break, navigating a lawsuit and distancing their identity from Tim Ballard could spell a challenging future for the newly rebranded OUR Rescue. So what does life look like for the organization in a post-Ballard era?

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19:08The Tim Ballard story, in many ways, is the OUR story. The two are synonymous for a number of reasons. and OER was a fundraising dynamo. Despite the proceed with caution label they have from non-profit watchdog Charity Navigator, in the fiscal year 2023, they'd raised nearly$44 million in contributions and had$69 million in assets. They also received a score of 80 % and a three-star rating out of four. Now, for context, some non-profits you might know, Goodwill and Ronald McDonald House, Charity Navigator gives them scores of 100 % and four-star ratings. But while OUR has since separated themselves from Ballard and renamed themselves to OUR Rescue, they've also taken another step, a bolder step, to distance themselves from Ballard.

20:00Like, literally. Because OUR Rescue has moved, they've packed up their offices in Salt Lake City and in October of 2024 announced their move east to Minneapolis, Minnesota. Whether that move changes anything legally for them, it's not really clear. But it's all part of a refresh or maybe even a rebrand. They also have appointed a new CEO. Tammy Lee, a former corporate communications professional and biotech CEO, is their new leader. yeah i mean there it's definitely in our interest to rebrand themselves you know our rescue the relocation to minneapolis is sort of breaking ties with the past the new board the new executive director all of these things are sort of ways that they're trying to get a clean slate but i also think that they're in some ways indelibly tied to Tim because he was such a prominent fixture.

21:04OUR's decision to move to a new state is nothing more than an attempt to rebrand itself and escape accountability for its lies, its misconduct, the abuses and harms. This nonprofit has misled its donors, and it has also deeply betrayed its own employees and contractors. Rather than facing the consequences of its actions, OUR is trying to wipe the slate clean, and they're trying to ignore the devastating harm that they've caused. In the interest of being completely transparent, we did ask OUR Rescue and its new CEO, Tammy Lee, for an interview. We had conversations with their communications team too, and it appeared like we'd be getting that interview.

21:52And then they decided against it. We wanted to give them the opportunity to tell us a couple of things. What they're doing now and the future of the workplace culture, leadership, and their efforts moving forward in human trafficking. But we also wanted to ask about the past and if they were actually paying for Tim Ballard's defense for all of these claims. And that's when the request was declined. Their PR team wrote in that email, due to timing and schedules for the remainder of the year, Tammy is not able to participate in an interview. We'll delve more into the behind-the-scenes conversations with OUR Rescue in the next episode with our producers.

22:36Though she wouldn't speak with us, Tammy Lee did speak with KUTV News in Salt Lake City about a couple of things. Keep in mind, this is before they announced their intention to move to Minneapolis. This is an OUR that will lead with integrity and we will become, again, the moral compass for work against anti-trafficking. And the team at Salt Lake City is phenomenal. The people around the world are amazing people that are deeply committed to the cause. And what amazes me through all of these dark days that they've faced with media coverage and other allegations, they have stayed true to the mission and they haven't let that dark day cast a shadow on the great work that they're doing.

23:18You know, your predecessor used this tactic called the couple's ruse. Is that something that you will forbid being used in any operation? Yeah, you know, to be honest, I hadn't even heard what that term was before I started doing my due diligence on this. And of course, we are going to do the right things in the right way. And we are going to lead with a new moral compass for OUR. And we will become a North Star of not only working to combat trafficking, but also to work on providing comprehensive care for survivors. So this is a whole new day for OUR. So I'm hearing you correct and saying couples ruse is no more.

23:58No more. Here's Suzette Rasmussen again. This organization is directly responsible for multiple women being manipulated, trafficked, and sexually abused. It's an unthinkable betrayal of the very mission that it claims to uphold. OUR's behavior is truly a blatant affront to justice. And I hope that the citizens of Minnesota see through the facade and that they choose on their own whether they want to support this type of an organization that prioritizes protecting its image over protecting the vulnerable. At some point, OUR knew about Tim Ballard's alleged behavior. The relatively small circle of people at the head of the organization were present for some of the claims we outlined with Brie Ryder in one of our previous episodes.

24:51What's interesting is that despite the allegations, the lawsuits, the countersuits, and the various bad press that comes with all of this, it appears that Ballard, now severed from OUR, is still trying to red herring his way out of taking any responsibility. Millions of kids are enslaved and the United States is driving the market with their policies. That's really the headline every day until we fix that problem. Then we can worry about our other tribal red, white, red, blue issues, whatever. Who's sleeping with who and who's doing what. I think it's notable that in the last few months, especially if you follow him on social media, he's he's back out there kind of doing a lot of the same self-promotion stuff.

25:36You know, the rescue that he said he participated in in Mexico recently, that sort of thing. We're still down here, literally on the port of entry at the border with Mexico. Thank you to CBP, HSI. We were able to do the operation. I can't give you all the details quite yet. They're going to come out over the next couple of weeks, but it's going to be mind-blowing stuff. He's kind of just, he's going back to a lot of the original fate. He went underground for a period of time, right? We didn't really see much of him and his anti-trafficking activities had apparently or seemed to have hit pause.

26:12But yeah, now he's kind of going back to a lot of that stuff and coming out of that, coming out of that hole and, you know, out there promoting himself again. Is the promotion and visibility a genuine attempt to continue his work in anti-trafficking? Or is it more self-serving to win some favor with the new Trump administration and work in an official government capacity? It's hard to say. After the break, I'll talk about all of this with our series executive producer Connor Powell and producer Abby Newhouse.

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28:08And we've got producers Connor Powell and Abby Newhouse, as well as Andrew Iden, who has worked on this script and a couple others on this series. And we're all here to talk about where we are today with this and basically the trafficking allegations that stem from Tim's actions. Yeah, I think this is sort of the heart of where the Tim Ballard story is today, right? In my mind, it sort of started off as bad conduct within an organization, allegations of rape and sexual misconduct. But that's not where we're at today. We're at a very different place. We're talking about a federal lawsuit with human trafficking for a guy who made his name fighting human trafficking.