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Immunity agreement names six in Swallow probe

Published June 21, 2013 8:04 pm

This is an archived article that was published on sltrib.com in 2013, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.

An agreement with prosecutors offers immunity to convicted businessman Marc Sessions Jenson for information he might provide about Utah Attorney General John Swallow, his predecessor, Mark Shurtleff, and four others, including two in the attorney general's office.

In addition to Swallow and Shurtleff, the agreement, a copy of which was shown to The Salt Lake Tribune by Jenson's attorneys, lists Chief Deputy Attorney General Kirk Torgensen, criminal division chief Scott Reed, Department of Commerce Director Francine Giani, and Shurtleff confidant Tim Lawson.

The agreement was signed by Salt Lake County District Attorney Sim Gill and Davis County Attorney Troy Rawlings.

In a statement Friday, Gill and Rawlings said the names on the document were provided by Jenson and that it would be a mistake to assume the individuals are targets of their investigation.

"As an investigation team, we do not consider all of the names in the use immunity agreement to be suspects or targets," the prosecutors said. "In our view, the descriptive term 'key witness' more appropriately applies to one or more of the individuals named by Mr. Jenson as subject to his evidentiary proffers."

Jenson's attorneys recently filed court documents identifying Shurtleff, Swallow and Lawson as subjects of the probe.

A spokesman for the attorney general's office declined to comment. Giani was surprised Friday to learn her name was included on the agreement.

"I'm not aware that I am under any investigation," she said. "You would have to contact the appropriate investigative agencies to get that information, but they certainly know where I am and know how to reach me."