Former Utah Attorney General John Swallow was acquitted Thursday on all nine charges (four were dismissed during the trial):
Count 1 • Pattern of unlawful activity, a second-degree felony: Acquitted
Swallow, along with his immediate predecessor, Mark Shurtleff, and Shurtleff's friend and self-styled "fixer," the late Timothy Lawson, allegedly created a pay-to-play scheme in the attorney general's office spanning Swallow's time as a fundraiser for Shurtleff's campaigns, as his chief deputy and then as his anointed successor. Prosecutors have pointed to Shurtleff as the leader, Swallow as the moneyman and Lawson as the muscle. Key prosecution witness Marc Sessions Jenson testified that he paid for trips the trio took to a ritzy resort in Southern California and that they shook him down for cash.
Count 2 • Accepting a gift, a second-degree felony: Acquitted
Between June 1, 2010, and Oct. 31, 2010, Swallow allegedly used aircraft and a Lake Powell houseboat provided by Jeremy Johnson, who at the time was battling an investigation by the Federal Trade Commission of his online marketing company and soliciting Shurtleff and Swallow for help to ensure that the processing of online-poker payments was legal under Utah law. At the time, Johnson and his partners were processing millions of dollars' worth of poker money through now-defunct SunFirst Bank.
Count 3 • Receiving or soliciting a bribe, a second-degree felony: Acquitted
In July 2011, Johnson asked attorney Travis Marker for help in resolving a criminal case filed against him by the U.S. attorney's office for Utah. Marker met with Swallow multiple times about the case. In their final meeting, Swallow allegedly told Marker that if Johnson could provide about $120,000, there might be more options for resolving the matter.
Count 4 • Receiving or soliciting a bribe, a second-degree felony: Acquitted
In August 2012, Timothy and Jennifer Bell held a fundraiser that cost $28,000 for Swallow, then a candidate for attorney general, at their Salt Lake County home. Swallow made a call on the Bells' behalf to lobbyists for Bank of America, which was foreclosing on the couple's luxury home. The Bells received a loan modification, and Swallow allegedly told lobbyists that the state would withdraw its intervention in the Bells' lawsuit over the foreclosure.
Count 7 • False or inconsistent material statements, a second-degree felony: Acquitted
Swallow allegedly made false statements in two October 2013 interviews with the investigators hired by the Utah lieutenant governor's office. Some of the statements concerned gold coins that Swallow had received when he left Rawle's employment to become chief deputy attorney general, as well as other alleged "gifts or bribes Swallow solicited or received."
Count 9 • Tampering with evidence, a third-degree felony: Acquitted
Swallow lost or allegedly destroyed possible evidence on a number of electronic devices, including an external hard drive that supposedly went missing after an airline flight. He also is accused of buying a new cellphone to get rid of information on his old one, deleting emails, erasing events from his appointment calendar and retroactively creating day-planner entries.
Count 11 • Misuse of public money, a third-degree felony: Acquitted
In July 2012, Swallow allegedly instructed a state computer technician to replace a broken glass screen on a personal home computer at a cost of $196.85.
Count 12 • Obstructing justice, a third-degree felony: Acquitted
During a March 2013 interview with FBI agents, Swallow allegedly provided false information about the Jenson case, campaign donations and gifts or bribes.
Count 13 • Falsification or alteration of a government record, a class B misdemeanor: Acquitted
On March 9, 2012, Swallow filed a declaration of candidacy for Utah attorney general along with conflict-of-interest and financial-disclosure forms. He allegedly failed to report all entities that had paid him more than $5,000 within the previous year and his ownership in three companies. On March 15, 2012, after Swallow had changed the name of the companies' manager and registered agent to that of his wife, he then filed a second financial-disclosure form that also allegedly failed to report entities that had provided him more than $5,000 in the previous year and said his wife was not employed.
Note: Counts 5, 6, 8 and 10 were dismissed, three of them because star witness, imprisoned St. George businessman Jeremy Johnson, refused to testify for the prosecution.