A PRIM ER TO THE PRO CEE DIN GS
The trial of former
Utah Attorney General
JOHN SWALLOW
The
DEFENSE
Scott C. Williams, Salt
Lake City defense attorney
Cara Tangaro, Salt Lake
City defense attorney
Brad Anderson, Salt Lake
City defense attorney
The Third District Judge
JUDGE Elizabeth Hruby-Mills
The
POTENTIAL KEY WITNESSES
Timothy Bell,
held fundraiser for Swallow
Renae Cowley Rizzuto,
former Swallow campaign staffer
Chris Earl, information technology
director for the attorney general's
office
Jonathan Eborn, businessman who
donated to Shurtleff campaigns
Jessica Fawson, former Swallow
campaign staffer
Aaron Christner, telemarketer who
sought Swallow's help with $400,000
state commerce department fine
Greg Hughes, Utah House speaker
and former chairman of Utah Transit
Authority Board
Jon Isakson, FBI special agent
The
CHARGES AGAINST SWALLOW
Count 1
Pattern of unlawful activity
A second-degree felony
Swallow, along with Shurtleff and
Shurtleff's friend and self-styled fixer,
the late Timothy Lawson, allegedly
created a pay-to-play scheme in the
attorney generals office spanning
Swallow's time as a fundraiser for
Shurtleffs campaigns, as his chief deputy
and then as his anointed successor.
Count 2
Accepting a gift
A second-degree felony
Between June 1, 2010, and Oct. 31, 2010,
Swallow allegedly used aircraft and a Lake
Powell houseboat provided by Jeremy
Johnson, who at the time was battling an
investigation by the Federal Trade Commis-
sion of his online marketing company and
soliciting Shurtleff and Swallow for help to
ensure that the processing of online-poker
pay- ments was legal under Utah law. At the
time, Johnson and partners were proces-
sing millions of dollars' worth of poker
money through now-defunct SunFirst Bank.
Count 3
Receiving or soliciting a bribe
A second-degree felony
In July 2011, Johnson asked attorney Travis
Marker for help in resolving a criminal case
filed against him by the U.S. attorneys
office for Utah. Marker met with Swallow
multiple times about the case. In their final
meeting, Swallow allegedly told Marker
that if Johnson could provide about
$120,000, there might be more options for
resolving the matter.
Sources: Court records, Tribune reporting
The The
DEFENDANT PROSECUTION
John Swallow, attorney, Chou Chou Collins,
former legislator, former deputy Salt Lake County
congressional candidate, district attorney, case
former chief deputy prosecutor
attorney general.
He was elected attorney
general in November 2012
and resigned in December
2013 amid investigations of
his activities and those of his
predecessor, former Fred Burmester, deputy
three-term Attorney Salt Lake County district
General Mark Shurtleff. attorney, case prosecutor
He faces 12 felony counts
and one misdemeanor.
Jerry Jensen, retired assistant Utah
attorney general
Marc Sessions Jenson, develop-
ment financier, imprisoned during
the Shurtleff administration
Jeremy Johnson, owner of I Works
and other businesses, now impris-
oned on federal conviction
Matthew Lalli, attorney who
conducted Swallow investigation for
lieutenant governors office
Travis Marker, attorney who met
with Swallow on behalf of Johnson
Count 4
Receiving or soliciting a bribe
A second-degree felony
In August 2012, Timothy and Jennifer Bell
held a fundraiser that cost $28,000 for
Swallow, then a candidate for attorney
general, at their Salt Lake County home.
Swallow made a call on the Bells' behalf to
lobbyists for Bank of America, which was
foreclosing on the couples luxury home.
The Bells received a loan modification, and
Swallow allegedly told lobbyists that the
state would withdraw its intervention in
the Bells' lawsuit over the foreclosure.
Count 5
Receiving or soliciting a bribe
A second-degree felony
With Johnson looking for assistance with
a federal investigation of his company,
Swallow helped arrange a meeting
between Johnson and the late Provo
payday-loan magnate Richard Rawle.
Swallow said Rawle had access to a person
close to U.S. Sen. Harry Reid, D-Nev.
Johnson paid Rawle $250,000 as part of
the deal; Rawle in turn gave Swallow
$23,500 of Johnsons money.
Count 6
Money laundering
A second-degree felony
After his infamous meeting at an Orem
Krispy Kreme doughnut shop in April 2012
with Johnson, Swallow allegedly created
and backdated invoices. He also sent a
letter allegedly to try to show Rawle had
mistakenly given him money from the
Rawle-Johnson deal, instead of for his work
on a Nevada cement plant for Rawle.
Darl McBride, businessman whom
Shurtleff approached
Scott Nesbitt, state investigator
Jason Powers, former Swallow
consultant accused of setting up a
nonprofit that allowed Swallow to
conceal contributions, mainly from
payday lenders
Scott Reed, assistant Utah attorney
general
Harry Reid, retired Democratic U.S.
senator from Nevada
Steven Reich, New York attorney
who led Utah House investigation of
Swallow
Count 7
False or inconsistent material
statements
A second-degree felony
Swallow allegedly made false statements in
two October 2013 interviews with the
investigators hired by the Utah lieutenant
governors office. Some of the statements
concerned gold coins that Swallow had
received when he left Rawles employment state computer technician to replace a
to become chief deputy attorney general,
as well as other alleged gifts or bribes
Swallow solicited or received.
Count 8
Tampering with evidence
A third-degree felony
In May 2012, Swallow allegedly created two
invoices and a letter that were to show the
money he received from the Rawle-
Johnson deal was actually supposed to
have been paid him for work on the
proposed cement plant for Rawle.
Count 9
Tampering with evidence
A third-degree felony
Swallow lost or allegedly destroyed
possible evidence on electronic devices,
including an external hard drive that
supposedly went missing after an airline
flight. He also is accused of buying a new
cellphone to get rid of information on his
old one, deleting emails, erasing events
from his appointment calendar and
retroactively creating day-planner entries.
Count 10
Tampering with evidence
A third-degree felony
REPORTED BY JENNIFER DOBNER, TOM HARVEY; GRAPHIC BY TODD ADAMS | The Salt Lake Tribune
Tracy Rawle, son of Swallows
former employer, the late Check City
founder Richard Rawle
Troy Rawlings, Davis County
attorney who investigated Swallow
and led prosecution of Shurtleff until
that case was dismissed.
Mark Shurtleff, Swallows predeces-
sor and onetime co-defendant
Kirk Torgensen, former chief
deputy attorney general
Cort Walker, top officer in Check
City, former Swallow employer
On July 19, 2012, Swallow allegedly
instructed an office computer technician to
erase the hard drive of his state-issued
laptop and desktop computers.
Count 11
Misuse of public money
A third-degree felony
In July 2012, Swallow allegedly instructed a
broken glass screen on a personal home
computer at a cost of $196.85.
Count 12
Obstructing justice
A third-degree felony
During a March 2013 interview with FBI
agents, Swallow allegedly provided false
information about the Jenson case,
campaign donations and gifts or bribes.
Count 13
Falsification or alteration of a
government record
A class B misdemeanor
On March 9, 2012, Swallow filed a declar-
ation of candidacy for Utah attorney
general along with conflict-of-interest and
financial-disclosure forms. He allegedly
failed to report all entities that had paid
him more than $5,000 within the previous
year and his ownership in three companies.
On March 15, 2012, after Swallow had
changed the name of the companies
manager and registered agent to that of
his wife, he then filed a second financial-
disclosure form that also allegedly failed to
report entities that had provided him more
than $5,000 in the previous year and said
his wife was not employed.