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Embattled former Utah Attorney General John Swallow faces a new felony charge for allegedly taking a Nevada houseboat trip paid for by a campaign contributor whom he also had defended in a state consumer protection investigation.
The new charge — a second-degree felony count of accepting a gift — brings the total tally against Swallow to 14 and reflects the nature of an ongoing probe, Salt Lake County District Attorney Sim Gill said.
The charge, filed Thursday in 3rd District Court, is tied to a five-day Lake Mead houseboat trip prosecutors say Swallow took with his family in June 2010, while he was then-Attorney General Mark Shurtleff's chief deputy, at the expense of Jared Pierce.
Court papers say Pierce was a principal in an Internet firm, Grant Instructor LLC, a Murray company that sold information about government grants to the public. In August 2009, the company and two other Pierce operations were investigated by the Utah Division of Consumer Protection.
The division, an agency represented by the attorney general's office, dismissed the citation about a month later. Before joining Shurtleff's staff in December 2009, Swallow had represented Pierce and his companies in those inquiries.
Pierce made "significant campaign donations" to Shurtleff and Swallow, according to court documents.
"It didn't surprise us. We knew that it would be coming along," Swallow's attorney, Stephen McCaughey, said of the new charge. "I don't think there's a lot of merit to it."
Swallow and Shurtleff have been accused of taking illegal gifts from the now-indicted Jeremy Johnson, who at the time was seeking a legal opinion to enable him to process online-poker transactions. Both men rode on Johnson's private jet and stayed in his southern Utah homes, according to court papers. Swallow also twice used Johnson's luxury Lake Powell houseboat.
Gill said Thursday that the Swallow case may continue to change.
"Theoretically, you can continue to amend the charges up to and even through a preliminary hearing based on how the evidence plays out," he said. "We continue to be open to evidence that strengthens or weakens our case. That's part of our responsibility."
Eleven other felony counts — along with two misdemeanor charges — against Swallow remain unchanged in the new filing, including a previous count of accepting a gift. Included in those allegations are multiple counts of receiving or soliciting bribes, tampering with evidence, obstructing justice and participating in a pattern of unlawful conduct.
"There is nothing simple about this case," said Gill, stressing a point he's made frequently in the past. "It's a lot of material and a lot of moving parts."
Swallow and Shurtleff were first charged in July with multiple criminal counts. If convicted, each man could face prison terms of up to 30 years.
Charges against Swallow and Shurtleff were brought jointly by Gill, a Democrat, and Davis County Attorney Troy Rawlings, a Republican. They followed nearly two years of investigative work by county, state and federal authorities, state lawmakers and the lieutenant governor's office.
Prosecutors allege Shurtleff and Swallow— both Republicans — established a pay-to-play culture inside the Utah attorney general's office.
Shurtleff was first elected to the attorney general's office in 2000 and served a dozen years. In December 2013, his handpicked successor, Swallow, stepped down less than a year into his first term.
Rawlings is expected to file an amended complaint against Shurtleff, but it wasn't clear when that might occur.
The Davis County attorney said Thursday that "while he appreciates the media attempting to inform an interested public," he would not comment on the Shurtleff case "other than in the courthouse or in legal pleadings."
Rawlings filed a motion Wednesday dropping a second-degree felony count of racketeering, which alleged Shurtleff participated in a pattern of unlawful activity. That leaves Shurtleff facing nine felony charges, including receiving or soliciting bribes, accepting gifts and tampering with witnesses and evidence.
Both former attorneys general have proclaimed their innocence.
Lawyers for Swallow and Shurtleff have asked the judge to direct prosecutors to produce a "Bill of Particulars," spelling out which acts led to the felony counts their clients face. Prosecutors have resisted, arguing a request for such a list is allowed only after the defendant is ordered to stand trial.
Gill and Rawlings have sided with defense lawyers in asking 3rd District Judge Elizabeth Hruby-Mills to separate the Swallow and Shurtleff case. Attorneys for both men had sought the division, and prosecutors had argued against it in October.
On Tuesday, however, Gill agreed that a split made sense for practical resources reasons. Gill's office is taking the lead on Swallow, leaving Shurtleff to Rawlings.
The judge has not yet issued an order on the request to separate the case. The next hearing is set for Dec. 12.
@jenniferdobner