SALT LAKE CITY (AP) - A jailed Utah businessman did not suffer from former Attorney General Mark Shurtleff’s influence in his case, according to an outside investigation the Utah attorney general’s office released Tuesday.
But investigators said Shurtleff’s behavior in the case “defies explanation,” including meetings with attorneys and lobbyists advocating for Marc Jenson while Shurtleff’s office pursued a fraud case against the businessman.
“We do fault Shurtleff for allowing a separate, back channel to develop and particularly for his failure to include line prosecutors in those back channel meetings and communications,” the report said. “This was a clear deviation from standard policy.”
Shurtleff’s attorney, Max Wheeler, did not immediately respond to messages Tuesday.
The investigation was conducted by two outside attorneys hired by Utah Attorney General Sean Reyes to review Jenson’s allegations that his case was prejudiced.
Jenson has claimed Shurtleff tried to exploit the businessman’s legal troubles for favors and has pushed for a hearing on the matter.
Reyes, a Republican who assumed office in December, brought on law professor and former federal judge Paul Cassell and Francis Wikstrom, former acting U.S. Attorney for Utah, to investigate the claims earlier this year.
In the conclusion of the 66-page report released Tuesday, Cassell and Wikstrom said Utah should allow the hearing to happen in order to ensure public trust.
Jenson’s attorney, Marcus Mumford, said that’s what he’s been pushing for all along.
Investigators said in the report that Jenson’s advocates appeared to result in Shurtleff’s office offering a sweetheart plea deal in 2008, which a judge ultimately rejected.
Jenson was later ordered to pay $4.1 million and was jailed when he never did.
Shurtleff, a Republican, left office in January 2013 when he was succeeded by his chief deputy, John Swallow.
Swallow, also a Republican, left office late last year, citing the toll of multiple investigations into alleged misconduct. He has denied any wrongdoing.
Both Shurtleff and Swallow refused to speak with the investigators, the report noted.
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