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Shurtleff, Swallow fight subpoenas to testify in fraud case

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Posted at 10:51 AM, Jan 10, 2015
and last updated 2015-01-10 12:56:02-05

SALT LAKE CITY — Lawyers for former Utah attorneys general John Swallow and Mark Shurtleff are fighting subpoenas seeking to force the men to testify in a fraud trial starting next week.

The trial of Marc Sessions Jenson is slated to begin with jury selection on Monday. He’s accused of communications fraud in connection with a failed Beaver County ski resort development. On Friday, prosecutors reduced the charges against Jenson and his brother, Stephen, and dropped racketeering counts.

marcjensonJenson is a key figure in the scandals surrounding Shurtleff and Swallow. He has accused the two men of a “shakedown,” claiming he gave cash and paid for trips to a posh California resort for the attorneys general at the same time he was under investigation by their office.

Swallow’s attorney, Stephen McCaughey, said in a court filing that if he was subpoenaed, he would refuse to testify because he is facing criminal charges.

Read Swallow’s objection to a subpoena here:

Shurtleff insisted he was innocent and, if compelled to testify, would also assert his Fifth Amendment rights against it.

Read Shurtleff’s objection to a subpoena here:

Jenson’s defense has also subpoenaed other key members of Shurtleff and Swallow’s staff, including former office spokesman Paul Murphy and former criminal division chief Kirk Torgensen. Davis County Attorney Troy Rawlings, who is prosecuting Shurtleff, filed an objection to a subpoena for documents served on him citing the ongoing case.

Shurtleff and Swallow are both facing criminal charges, accusing them of seeking contributions and other perks by those facing investigation by the attorney general’s office. Swallow resigned in the midst of investigations.

Both men have insisted they are innocent of the charges.