Got A Utah Probe Problem? Call Your State Attorney General


Oh, this is rich. You’re under investigation for potential fraud. But you’ve given heavily to certain political causes. What to do, what to do. Why not take a breakfast meeting with your state’s Attorney General, make your case and pass along some “evidence” on your behalf. Mark Shurtleff of Utah is the AG in question in this case – video at link. His office has already done one fast shuffle and changed its story.

Lo and behold, Shurtleff’s office indicts the guy’s associates, but the guy gets a pass. And another pol who set up and attended the meeting now claims to have had his face in his eggs and didn’t pay attention to what was said. I think Shurtleff must have had his head down, too. He’s the one left with egg on his face, now. The feds have now charged the guy with allegedly setting up a $100 million dollar ponzi scheme.

Utah AG Mark Shurtleff: Crime Buster, NOT!

SALT LAKE CITY — Utah’s attorney general is speaking out on why his office didn’t prosecute a man who federal investigators now accuse in a major fraud case.

Mark Shurtleff tells KSL 5 News a meeting he had with Utah County businessman Rick Koerber, who was under state investigation, had no influence on a decision by his office not to prosecute.

Earlier this week, federal prosecutors indicted Koerber, alleging he defrauded investors of millions. He has been well-known by Utah officials for years through seminars, radio programs, Web sites and contributions to a favorite conservative cause, the pro-school voucher campaign, and as a sharp critic of state securities investigators, who were investigating him in 2007.

KSL filed records requests with both the Division of Securities, which was investigating Koerber, and the attorney general to see if we could verify that. Late Thursday afternoon, the Attorney General’s Office changed its story. Its spokesman now says he “misspoke” and “the Division of Securities had drafted a civil action against Koerber,” but the Attorney General’s Office didn’t pursue it, citing a lack of “evidence.”



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5 Comments Leave a comment

Say goodbye to any chance of unseating Bennett

Right_Again (Diary) Friday, May 29th at 5:00PM EST (link)

nt

see below..

Justin Spagnolo (standardcandle) (Diary) Saturday, May 30th at 2:36PM EST (link)

not sure why the reply didn’t make it on your comment.

“Knowledge will forever govern ignorance; and a people who mean to be their own governors must arm themselves with the power which knowledge gives. “ -James Madison

 
 

Don't be so quick to judge

Justin Spagnolo (standardcandle) (Diary) Saturday, May 30th at 1:46PM EST (link)

I’ve been following this story. I think this is politcally motivated… Shurtleff is not guilty of anything.

A. Shurtleff specifically requested evidence from the Division of Securities, which apparently he got the run-around the first go. Eventually their “evidence” was handed over and was determined “lacking” for an indictment against Koerber himself, although some of his associates were indicted.

B. Koerber explained himself that in the meeting with Shurtleff he was told he’d get a fair look from the AG’s office, and if he’s guilty he will be prosecuted.

When Division of Securities couldn’t get the state AG to prosecute Koerber along with other colleagues, they decided to go to the US Attorney’s office.

This story is stupid. Unless there can be specific monies handed to Shurtleff from Koerber directly or indirectly there is no story here…

C. This issue isn’t whether or not Shurtleff decided against prosecuting, the issue is why is Francine Giani(Dept. of Commerce, Utah) going after Koerber so hard?

Koerber and company also sent out a Press Release here.

in it:

“My name is Rick Koerber and I am the President and CEO of FranklinSquires. In 2004 employees within the Utah Department of Commerce first contacted me and informed me that my business was being investigated for what the Division of Real Estate deemed “suspicious behavior.” During an in person meeting with several Department employees I was told that “while there was not currently any evidence to support their suspicion” I was being investigated for fraud. The investigation grew and expanded to last more than five years and it included the Division of Real Estate, Consumer Protection, Securities, Licensing, and the Division of Corporations & Commercial Code. After failing to find any evidence that I was involved in breaking any “rule or law” and after failing to convince any state agency to take civil or criminal actions against me, and specifically after their own attorneys suggested there was not sufficient evidence to bring charges, Francine Giani continued shopping for a prosecutor until in January or February of 2008 when, as she recently admits, she had the files sent to the US Attorneys office.”

In my estimation this is the extent of the story:

After 4 years of insufficient evidence provided by several divisions in Commerce to the state AG’s office to prosecute, Giani looks to bigger red tape bureaucrats to make a name for herself, so she can have a political carrer later.

Koerber may be guilty of a lot of things, but criminally speaking it will be difficult to make the case as he was dealing in grey area investing.

So what’s the stink about Shurtleff? I think its people backing Bennett looking for an opportunity to stop Shurtleff. I’m not implying that Bennett is guilty of anything here… I also think Giani is using this as a “catalyst” to a political career built on “toughness” and “cracking down” on the bad guys. Which sells big in Utah politics.

I, being a Utahn have voted for Bennett on 2 occasions, and I believe both men are honest, but Bennett sure has missed the conservative boat… been in washington too long to make too many friends.

“Knowledge will forever govern ignorance; and a people who mean to be their own governors must arm themselves with the power which knowledge gives. “ -James Madison

As to Koerber's guilt or innocence I have no idea

Right_Again (Diary) Saturday, May 30th at 5:15PM EST (link)

I agree with your assessment of Bennett. I have voted for him in past elections, but his tendency to stray from conservative views on what I consider to be key issues has made up my mind that I won’t vote for him again.

I don’t know that I particularly want Shurtleff either. He doesn’t strike me as being as conservative as I prefer in politicians (Chaffetz has so far made me very happy).

I wish someone with a high profile such as former Governor Leavitt would throw his hat in the ring. It must be someone who is well known to unseat an incumbent Senator in the primary and then win in the general. We don’t want to dump Bennett in the primary and then lose in the general.

I certainly don’t want Matheson to be tempted to run for Senate or Governor. I would hope that he couldn’t win a state-wide election, but I’m not completely convinced.

agreed.

Justin Spagnolo (standardcandle) (Diary) Monday, June 1st at 7:48AM EST (link)

Leavitt should seek the Bennett seat.

Matheson won’t win the governorship… he might be able to win a senate seat.

“Knowledge will forever govern ignorance; and a people who mean to be their own governors must arm themselves with the power which knowledge gives. “ -James Madison