A number of things strike me as odd:

1. Their homepage is quite sparse and vacant. No activities? Plans? Pictures of members engaging in activities? A church house even?

2. The adress and phone #s of this 'church' are the same as Merkey's home adress and number in his filings.

3. There isn't any real evidence anywhere that this church has any members other than Mr. Merkey. Googling for "utah-nac.org" or "Utah Native American Church" doesn't seem to find anything significant other than things relating directly to Merkey. Is it really the case that no other member has ever made reference to the church online?

4. According to Merkey's filing, the "church" has programs helping people in prison and donates $100,000 a year to that. Despite this, they can't seem to afford some kind of place to run their activities out of, other than Merkey's home? And despite this generous donation, noone else has made mention of it online?

5. Finally. Well, there is one member. Merkey claims a Mr. Darrell Garner (although he misspells the name once) was "The religious leader of the Uncompaghre Ute People and the Utah Native American Church".
   

To become a member of the Utah Native American Church, you must be a member of a Federally recognized  Tribe, Nation, or Community of Indians and possess a Tribal Membership Card and a Cerificate Degree of Indian  Blood issued by an agency of the Unites State Bureau of Indian Affairs.

According to the Deseret News:

Darrell Gardner, who calls himself a "mixed-blood," said that although he is not enrolled in a federally recognized tribe, the U.S. Justice Department contracted with him for 15 years to conduct religious services in sweat lodges in state prisons in Utah, Colorado, Wyoming, Texas and Canada.

Oh, so this church had a "religious leader" who wasn't even eligible for membership? Or maybe, just perhaps, Mr. Merkey and his church really didn't have much to do with Mr. Gardner at all? Mr. Merkey could simply be associating himself with Gardner as much as possible, and trying to draw credit from his prison work?