Carrier v. Ravi Zacharias Int'l Ministries, Inc.

DEREK CARRIER, et al., Plaintiffs, v. RAVI ZACHARIAS INTERNATIONAL MINISTRIES, INC. a 501(2)(3) Corporation, et al., Defendants.

No. 1:21-CV-3161-TWT

United States District Court, N.D. Georgia, Atlanta Division

May 13, 2022

OPINION AND ORDER

THOMAS W. THRASH, JR. UNITED STATES DISTRICT JUDGE

This is an action for charity fraud. It is before the Court on Defendant Margaret Zacharias's Motion to Dismiss [Doc 44] and Defendants Ravi Zacharias International Ministries Inc. and RZIM Productions, Inc.'s Motion to Dismiss [Doc 45]. For the reasons set forth below, the Court GRANTS in part and DENIES in part Defendant Margaret Zacharias's Motion to Dismiss [Doc. 44] and Defendants Ravi Zacharias International Ministries, Inc. and RZIM Productions Inc.'s Motion to Dismiss [Doc. 45].

I. Background

The Court accepts the facts alleged in the First Amended Complaint^[1] as true for purposes of the motions to dismiss. Wilding v. DNC Servs. Corp., 941 F.3d 1116, 1122 (11th Cir. 2019). Ravi Zacharias was a well-known Christian apologist and evangelical minister who founded the eponymous Ravi Zacharias International Ministries, Inc. (collectively, with RZIM Productions, Inc., ^[2]“RZIM”) in 1984. (Compl. ¶ 18.) Christian apologetics is a branch of theology devoted to defending the Christian faith through an evidence-based or “more philosophical and propositional” approach; the aim is “to fortify the believer against personal doubts and to remove the intellectual stumbling blocks that inhibit the conversion of unbelievers.” (Id. ¶ 17 (citation omitted).) Built on this “strong evangelistic and apologetic foundation, ” RZIM describes its mission as “to support, expand, and enhance the preaching and teaching ministry of Ravi Zacharias . . . intended to touch both the heart and the intellect of the thinkers and opinion-makers of society with the Truth of the Gospel of Jesus Christ.” (Id. ¶ 18 (citation omitted).) In the same vein, the organization's stated “vision” is “to build a team with a fivefold thrust of evangelism, apologetics, spiritual disciplines, training, and humanitarian support.” (Id. ¶ 21 (citation omitted).)

RZIM works toward this vision through conferences, lectures, and seminars held around the world; it also produces podcast and radio shows as well as online videos which featured Zacharias until his death on May 19, 2020. (Id. ¶¶ 21, 25, 35, 46.) For many years, these programs found a dedicated audience in the Plaintiffs: Dora and Derek Carrier listened to the “Let My People Think” podcast and watched YouTube videos of Zacharias from early 2019 until his death in 2020, and Elizabeth Nelson listened to Zacharias's radio shows for about 15 years and the “Let My People Think” podcast since 2014 or 2015. (Id. ¶¶ 25, 30-31.) Mrs. Nelson would also discuss Zacharias's Christian apologetics preaching and mission with her husband Chris Nelson. (Id. ¶¶ 30-31.) Over time, the Carriers “came to believe they were hearing teachings of the Gospel from a moral, righteous, and humble Christian leader.” (Id. ¶ 25.) The Nelsons likewise considered Zacharias and RZIM to be “spiritually aligned with the Gospel of Jesus Christ and . . . completely dedicated to a mission of spreading the Gospel, teaching new apologists, and trying to help people through humanitarian efforts.” (Id. ¶ 38.)

While listening to RZIM's programs, the Plaintiffs recall hearing Zacharias and other speakers solicit donations to RZIM. (Id. ¶¶ 27, 28, 30-31, 33.) For example, the Carriers specifically remember a July 4, 2020 “Let My People Think” episode which included the following message:

The vision of RZIM is built on five pillars made up of evangelism, apologetics, spiritual disciplines, training, and humanitarian support. A fundamental part of this mission is to train men and women to defend the power and coherence of the Gospel of Jesus Christ. Our hope is to empower you to engage in earnest conversations with those who have questions about the Christian faith. Your donations make it possible for us to continue to reach others with the gospel and we cannot do this work without your help.

(Id. ¶ 27.) Similarly, Mrs. Nelson listened to a November 15, 2017 “Just Thinking” episode which explained that

[t]he goal of RZIM is to touch both the heart and the intellect of thinkers and influencers in our society. And this is accomplished by combining evangelism and apologetics. We aim to help reach students on college campuses and universities, encourage churches, and answer questions from Christians and skeptics. To find out more about our ministry or to donate, visit our website at RZIM.org.

(Id. ¶ 33.) The Plaintiffs heeded these calls for donations, with the Carriers giving $30, 000 to RZIM on January 21, 2020, and the Nelsons giving a total of $5, 422.50 between June 2014 and December 2020. (Id. ¶¶ 11, 13.) Both couples allege that they “reasonably relied on Zacharias's and RZIM's uniform messaging that they were dedicated to a mission of Christian apologetics and that contributions made by people like the [Plaintiffs] would be used to financially support that mission.” (Id. ¶ 38; see also id. ¶ 28.)

According to the Complaint, though, Zacharias “was not who he claimed to be” but was instead “a serial sexual and spiritual predator and a prolific sex offender” since at least October 2014. (Id. ¶ 40.) Zacharias invested in and frequented two health spas-Touch of Eden and Jivan Wellness-which were operated, one after the other, at the same Alpharetta location starting in 2004.

(Id. ¶ 41.) Nearly two dozen therapists at the spas have reported inappropriate, sexual behavior by Zacharias during massages, including nudity, maintaining an erection, asking therapists to touch his genitals, and groping. (Id.) One witness described her many encounters with Zacharias over the years as rape. (Id.) Allegedly, Zacharias would demand sex from women after providing for their financial needs and sometimes used religious expressions to gain compliance-for example, referencing godly men in the Bible who had more than one wife. (Id. ¶ 42.) In 2017, a woman named Lori Ann Thompson reported inappropriate communications and interactions with Zacharias directly to RZIM leadership. (Id. ¶ 43.) When Zacharias claimed innocence and threatened to leave the organization, RZIM “steadfastly defended” Zacharias and declined to investigate Thompson's allegations despite receiving “a notebook of evidence.” (Id. ¶ 44 (citation omitted).)

The Plaintiffs continued making contributions to RZIM while it defended Zacharias and he remained the organization's leader. (Id. ¶ 45.) The Complaint asserts that

RZIM's actions and failure to respond appropriately to reports of Zacharias's sexual misconduct furthered the public deception that Zacharias was a faith-filled, moral, and upstanding Christian leader. RZIM's acts and omissions further allowed Zacharias to continue sexually abusing women under the cover of Christian ministry and permitted Zacharias's ongoing, deceptive fundraising efforts for RZIM.

(Id.) On September 29, 2020, a few months after Zacharias's death, Christianity Today published an article revealing sexual misconduct allegations by three women. (Id. ¶ 47.) Following the article, RZIM hired a law firm, Miller & Martin PLLC, to investigate these and other accusations levied against Zacharias. (Id. ¶ 48.) The Miller & Martin Report, which RZIM made public on or about February 9, 2021, revealed that some women did not come forward with their stories earlier out of fear no one would believe them. (Id. ¶ 49.) It also found that Zacharias funneled RZIM funds to his victims: he gave them large tips after massages, showered them with expensive gifts, and provided monthly financial support through “Touch of Hope, ” a discretionary RZIM fund earmarked for humanitarian efforts. (Id. ¶ 50.) In one instance, Zacharias paid $40, 000 for a woman's culinary education. (Id.) He also traveled with a personal massage therapist paid for by RZIM. (Id.)

The Plaintiffs allege that “[a]t no point prior to February 2021 did anyone at RZIM inform [them] that contributed funds were also used to further serious sexual misconduct or to cover up that misconduct.” (Id. ¶ 39.) They would not have donated to RZIM, the Complaint continues, “had they been aware of these facts and of Zacharias's moral failings.” (Id.) RZIM has since admitted its “failures in 2017, including its failure to commission an independent investigation at that time, allowing tremendous pain to continue.” (Id. ¶ 51 (citation and alterations omitted).) In the Complaint's words,

Zacharias's heinous acts as a sexual predator are diametrically opposed to the morality he espoused in his sermons and other public speaking engagements, are diametrically opposed to the teachings of Christianity, and are abhorred by Christian apologetics, of which he claimed to be a member and spiritual leader. Zacharias was not alone in perpetrating the fraud and deceit of faith-filled Christians. RZIM, itself, has acknowledged that its founder's sexual misconduct and RZIM's initial response to early allegations were not aligned with what RZIM held itself out to be.

(Id. ¶ 52.) In a video posted to RZIM's website but later removed, RZIM CEO Sarah Davis states that Zacharias was “not living up to the truth of what God is, ” and that, “while we were proclaiming a God who loves and values every person, our leader was not living into truth, and to the truth of who God is.” (Id. ¶ 53 (citation and alteration omitted).)

The Plaintiffs initiated this class action on August 4, 2021 against RZIM and Margaret Zacharias, in her capacity as administrator of Zacharias's estate (the “Estate”). They allege that the Defendants “bilked hundreds of millions of dollars from well-meaning...