STATE OF UTAH

OFFICE OF THE ATTORNEY GENERAL

JOHN E. SWALLOW
ATTORNEY GENERAL
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KIRK TORGENSEN
Chief Deputy

Protecting Utah • Protecting You

BRIAN TARBET
Chief of Staff

February 28, 2013

Tom Harvey Salt Lake Tribune tharvey@sltrib.com Dear Mr. Harvey: I am writing in response to your February 13, 2013 request under the Utah Government Records Access and Management Act (GRAMA) for: [A]ny and all correspondence, documents or notes or related materials in and around this time frame related to the question of processing online poker payments in Utah. Since this was official business, please include items from these email accounts: john.swallow1@me.com, Johneswallow@gmail.com, shurtleffmark@gmail.com and any other accounts that may have been used. We have completed our search, and the documents that are responsive to your request are attached. We have determined that all of these documents are classified “public” in their entirety. I want to provide you some information about how we have responded. We identified specific assistant attorneys general who would be most likely to have records responsive to your request: the Assistant Attorney General who handles gambling questions, and the Assistant Attorney General who represents banking regulators. As we have previously described to you, Mr. Swallow did not discuss this matter with any assistant attorneys general so we did not request a response from other assistant attorneys general. We requested that Mr. Shurtleff review his personal email; he reported no documents responsive to your request. Attorney General Swallow also reviewed his personal email account and found no documents responsive to your request; the emails from his personal email accounts that you identified in your request had not been retained. The copies of those emails that are being provided to you with this response were obtained more recently indirectly from Jeremy Johnson himself. Referenced attachments were not included and so have not been included with this response.
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Environment Division • Telephone: (801) 536-0290 • Fax: (801) 536-0222 Mailing Address: P.O. Box 140873 • Salt Lake City, Utah 84114-4840 Street Address: 195 North 1950 West, 2nd Floor South • Salt Lake City, Utah 84116

Letter to Tom Harvey February 28, 2013 Page 2 Government email accounts for Mr. Swallow and Mr. Shurtleff have been reviewed and responsive documents are included with this response. We have interpreted your request for records from “in and around this time frame,” to mean records from one month on either side of the March 7 through July 5, 2010 period covered in the emails you provided with your request. For that reason, we have not included records that our office received from the FDIC and /or the agency regulating a bank where the FDIC discussed their reluctance to allow the processing of online poker payments in a bank under their regulatory authority. The oldest record related to that matter is dated October 2010. The records are communications between an assistant attorney general, the agency she represents and the FDIC. Although we are not denying access to these records at this time because we have not interpreted your request to include them, please be aware that many of the records related to this matter are protected since they involve bank closure. Again, these were communications involving an Assistant Attorney General, a federal agency and a state agency; there were no related communications with either Mark Shurtleff or John Swallow. Finally, because copyright is explicitly claimed and reproduction prohibited for two studies regarding Texas Hold’Em, we have not included those studies. These documents are not records under Utah Code Ann. § 63G-2-103(22)(b)(iv) and so are not responsive to your request. We have included citations to the document at pp. 156 and 158 of this response, and you are also welcome to contact me if you would like to review them. As described above, we are providing access to all responsive records with this letter. Sincerely,

Laura Lockhart Assistant Attorney General (801) 536-0290

Document responsive to Tribune’s Tom Harvey’s 2-13-2012 GRAMA Request Pages 4-15: From John Swallow’s “utah.gov” email address Page 16: From Mark Shurtleff’s “utah.gov” email address Page 17-21: From John Swallow’s personal email; see last paragraph of page 1 of response letter Pages 21-308: Information provided by Poker Players Alliance PLEASE NOTE: The “Opinion” found at p. 266 was provided by Poker Players Alliance and is not a product of the Attorney General’s Office

Note: Attachment B is a paper entitled “Skill in Games,” by authors Patrick Larkey, Joshelph B. Kadane, Robert Austin and Shmuel Zamir. The paper was published in Management Science in May of 1997. This paper has not been provided due to a copyright claim. Please contact Paul Murphy at (801) 538-9600 if you would like to view the original.

Note: Attachment C is a paper entitled “Statistical Analysis of Texas Hold’Em,” by authors Paco Hope and Sean McCulloch, Ph.D. The paper was published by Cigital, Inc. and is dated March 4, 2009. This paper has not been provided due to a copyright claim. Please contact Paul Murphy at (801) 538-9600 if you would like to view the original.

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