Bill would make bogus bids a felony
This is an archived article that was published on sltrib.com in 2009, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.

A bill that would make it a third-degree felony to bid at an land-lease auction with no intent to pay sailed through its first legislative test Tuesday and now goes to the full House.

HB437, a response to a University of Utah student's headline-grabbing disruption of a federal oil- and gas-lease auction in December, would apply to any competitive lease sale involving property for natural-resource or agricultural production.

The bill focuses on intent and does not address those who might unintentionally fail to pay for winning bids. Conviction would carry a minimum mandatory $7,500 fine.

Bill sponsor Rep. Mike Noel, R-Kanab, did not mention Tim DeChristopher by name, but clearly was referring to the U. student when he noted the activist recently spoke to a Utah audience about his monkey-wrenching of a U.S. Bureau of Land Management lease sale.

"A lot of people [were] cheering," Noel said. "That's wrong."

Noel also made a glancing reference to "environmental terrorism," saying, "There are more and more of these cases coming forward. … You read about this all the time."

He did not elaborate.

DeChristopher, 27, won bids worth $1.8 million and admitted he inflated other bids he didn't win to the tune of $500,000 as an act of what he called civil disobedience.

The U.S. attorney's office in Salt Lake City is investigating the case, which would have to be taken to a grand jury as part of a prosecution.

Rep. Mel Brown, R-Coalville, said he supported the bill but asked whether the state had the authority to regulate the federal government.

A legislative attorney said federal prosecutors regularly use state laws in dealing with civil cases -- for example, when considering damages from forest fires -- so the portion of the state law dealing with the fine was applicable. How the state law might affect a federal criminal prosecution, however, remains unclear.

HB437 » Would make it a felony to interfere with a land-lease auction

Article Tools

Enter a search phrase.

Specify a Range

From  to

 

 
Missing your paper? Need to place your paper on vacation hold? For this and any other subscription related needs, click here or call 801.204.6100.