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DRAFT AG Investigation

DRAFT AG Investigation

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Published by Robert Gehrke
This is a copy of a draft of the Lt. Gov. Special Counsel report on its investigation into whether Attorney General John Swallow violated election law by failing to disclose income and business interests. The Governor's office released the draft report to rebut uncorroborated reports that the LG had cut a deal with Swallow, agreeing to not seek criminal charges in exchange for his resignation.
This is a copy of a draft of the Lt. Gov. Special Counsel report on its investigation into whether Attorney General John Swallow violated election law by failing to disclose income and business interests. The Governor's office released the draft report to rebut uncorroborated reports that the LG had cut a deal with Swallow, agreeing to not seek criminal charges in exchange for his resignation.

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Published by: Robert Gehrke on Nov 23, 2013
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11/25/2013

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REPORT ON THE INVESTIGATION OF ATTORNEY GENERAL JOHN E. SWALLOW
 November 18, 2013 SPECIAL COUNSEL TO THE LIEUTENANT GOVERNOR OF THE STATE OF UTAH Matthew L. Lalli (6105) Stewart O. Peay (9584) Jeremy J. Stewart (12247) SNELL & WILMER, LLP 15 West South Temple, Suite 1200 Gateway Tower West Salt Lake City, Utah 84101-1004 Telephone: (801) 257-1900 Facsimile: (801) 257-1800
Attorney Work Product Attorney-Client Communication
 
 
TABLE OF CONTENTS
 
Page
 -i- I. SUMMARY ....................................................................................................................... 1 II. SCOPE OF INVESTIGATION ......................................................................................... 4 III. TIMELINE ......................................................................................................................... 6 IV. FACTUAL FINDINGS ..................................................................................................... 7 A. Swallow’s Relationship with Richard Rawle ........................................................ 7 B. Organization of the Swallow Super Seven Trust ................................................. 10 C. Swallow’s Relationship with Jeremy Johnson and Assistance in the Lobbying Effort ................................................................................................... 11 D. Swallow’s Work on Chaparral ............................................................................. 12 E. Swallow Managed SSV Management and P-Solutions ....................................... 14 F. Payments to and Transfers from P-Solutions ....................................................... 17 G. Johnson Enlists Swallow’s Help to Obtain a Refund of the Lobbying Fee from Rawle........................................................................................................... 19 H. Swallow’s Financial Disclosure and Conflict of Interest Forms ......................... 23 I. Swallow’s Cooperation, Attitude, and Credibility ............................................... 26 V. APPLICABLE STATUTES AND RULES OF STATUTORY CONSTRUCTION ...... 28 VI. ANALYSIS ...................................................................................................................... 31 A. Check City and Softwise ...................................................................................... 31 B. P-Solutions LLC .................................................................................................. 31 C. SSV Management ................................................................................................ 34 D. Guidant Strategies ................................................................................................ 35 E. RMR Consulting/Richard Rawle/Chaparral ........................................................ 37 VII. CONCLUSION ................................................................................................................ 40
 
18228403.2
1
I.
 
SUMMARY
In his 2012 Candidate Financial Disclosure or Conflict of Interest forms, John Swallow failed to disclose several entities from which he had received more than $5,000 in income during the previous year or for which he filled roles reasonably construed as owner, officer, or formal advisor. This non-disclosure was planned and deliberate and was executed in two separate filings, one on March 9, 2012 and the second on March 15, 2012. At the time, Swallow was the Chief Civil Deputy Attorney General and a candidate for the Utah State Attorney General, yet he did not read or analyze the governing disclosure statutes to inform himself about what financial or conflict of interest disclosures were required. Instead, Swallow consulted with an estate  planning lawyer who had no experience in election law and who also had not read or analyzed the governing disclosure statutes. Together, they relied on nuances from the law of estate tax and creditor protection to determine what was legally required by the Election Code for Swallow’s Candidate Financial Disclosure or Conflict of Interest forms. Despite these and other  justifications Swallow has offered for his non-disclosure, the evidence developed through this investigation, most of which Swallow has admitted, is sufficient to establish probable cause that Swallow violated the finance disclosure and conflict of interest provisions of Utah Code Annotated section 76-8-109(4)(b) in at least the following ways:
 
Within one year prior to filing his Financial Disclosure or Conflict of Interest forms, Swallow received $17,000 by way of a series of deposits onto a prepaid  Netspend debit card, which Check City and/or Softwise purchased and funded for Swallow. Swallow even acknowledged receiving this income on his personal

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