Where’s the Justice? It’s gone to the Cleaners!

Utah’s United State Attorney John W. Huber & Utah’s Federal Justice System … The Cat in the “Clean up Mobile”

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              John W. Huber

A “Cleaner,” in the above sense, makes crime go away.  A “Cleaner” obstructs and obfuscates the Rule of Law and Good Governance.  A cleaner covers, loses, hides, destroys, manipulates and convolutes evidence of crime.   The Utah Federal Justice system is the vehicle … or … thanks to Dr. Seuss … the Deep State’s “Cleanup Mobile” driven by “Cleaner Huber.”

The office of The United States Attorney (USA) in Utah is the Stargate where evidence is fed into a “sputtering,” Non-prosecution Agreement and/or Deferred Prosecution Agreement, murky black hole process.   And “Voila,” out come the Goodfellas like Senator Reid, Utah’s two corrupt Attorney’s General and a host of others scrubbed “clean.”  Senator Orrin Hatch has endorsed USA Huber and most of the sitting Utah Federal Judges.  The Huber clean up machine is a curious construct spawned by AG Sessions and undoubtedly Hatch. 

Hearing on the Clinton Foundation

DECEMBER 13, 2018

“The House Oversight Government Operations Subcommittee held a hearing on oversight of foundations and restrictions to their political activities, with a focus on the New York-based Clinton Foundation.  In this portion, the witnesses were two financial investigators (MR. LAWRENCE DOYLE AND MR. JOHN MONAGHAN) who filed an IRS referral on the Clinton Foundation. The two refused requests by Rep. Mark Meadows (R-NC), the subcommittee’s chair, to turn over the documents they submitted to the IRS to the panel.”

USA Huber, although expected to attend, was conspicuously absent from this hearing.  Doyle and Monaghan had furnished their evidence to the FBI in Arkansas and other offices and several times to Huber as well.  When Huber’s office learned that Doyle and Monaghan were scheduled to testify before the Oversight Committee, Huber’s office once again asked for Doyle and Monaghan’s investigative report that had been sent previously.  It is clear from the transcript that Huber and his office were not interested in Doyle and Monaghans’ work until Huber learned that the Committee was interested and was requiring Huber’s appearance and testimony.

Cover, Lose, Hide, Destroy, Manipulate, Convolute, Obstruct, Obfuscate – by the Cleaner Huber

APRIL 10, 2018:

Clinton, Comey, Uranium One: Who Is John W. Huber? Judicial Watch,  by Micah Morrison  

[Emphasis added throughout]

“Widespread head-scratching has followed Attorney General Jeff Sessions’ recent disclosure that U.S. Attorney John W. Huber is leading an investigation into 2016 election controversies. In a March 29 letter to Republican committee chairmen, Mr. Sessions said that Mr. Huber, the U. S. Attorney for Utah, had been appointed to “evaluate certain issues” raised by the GOP. He did not say which issues, but there are plenty.

In a July 27, 2017 letter, GOP leaders had called on Mr. Sessions to “appoint a second special counsel to investigate a plethora of matters connected to the 2016 election and its aftermath.” These included actions by Hillary Clinton, James Comey, Loretta Lynch and others, email controversies, mishandling of classified information, Fusion GPS and the Steele Dossier, FISA warrants, wire taps, leaks, grand juries, the Clinton Foundation and the Uranium One deal.

Mr. Sessions instead appointed Mr. Huber, “an experienced federal prosecutor,” and left the door open to a special counsel. Mr. Sessions noted that Mr. Huber “will make recommendations as to whether any matters not currently under investigation should be opened, whether any matters currently under investigation require further resources, or whether any matters merit the appointment of a Special Counsel.”

Translation: Mr. Huber is investigating the investigations, not the underlying allegations.

Mr. Huber was appointed Assistant U.S. Attorney in Utah in 2002. He was named U.S. Attorney in 2015 by Barack Obama. Mr. Huber has an important backer in Utah’s senior senator, Orrin Hatch. After President Trump requested the resignations of all sitting U.S. Attorneys, Mr. Sessions kept Mr. Huber alive with an interim appointment under the Federal Vacancies Act, until the president could be persuaded to re-nominate him. He was confirmed a second time for the post in August.

It’s a truism of law enforcement that if you want to pursue high-level political corruption, get yourself a junkyard dog—a strong prosecutor, good in a fight. Hickman Ewing Jr.—the former U.S. Attorney for the Western District of Tennessee and later the Whitewater Deputy Independent Counsel—comes to mind. Mr. Ewing had a long track record of pursuing political corruption before Kenneth Starr tapped him for the Whitewater probe. The Office of U.S. Attorney in Utah, by contrast, has been toothless. Mr. Huber has not been implicated in any wrongdoing, but for the last three years it has been his shop and his responsibility. Before that, it was his training ground.

In November, for example, a federal judge dismissed the last charges against Terry Diehl, a powerful Utah developer and former Utah Transit Authority board member. The government was widely seen as bungling the case. The Salt Lake Tribune noted that Diehl, “a well-known developer with friends in high places — including [Utah] House Speaker Greg Hughes, R-Draper — once stood charged with 14 felony counts that stemmed from allegations that he lied about or hid assets as part of a 2012 bankruptcy. Prosecutors had whittled the case down three times since early October, dropping counts of concealment and tax evasion.” Prosecutors acknowledged “missteps” to the newspaper, including getting wrong the amount of taxes Diehl allegedly did not pay.

Mr. Huber’s office also lost a 2017 case against real-estate mogul Rick Koerber, charged with running a multi-million-dollar Ponzi scheme. The case—the government’s second try—ended in a mistrial. A judge threw out an earlier case. The government will try again in September.

But the Rosetta Stone for understanding Utah’s corruption problems may be the sprawling saga of John Swallow and Mark Shurtleff, two former Utah attorneys general charged with a multitude of corruption charges. The case gripped the state for years. Mr. Huber’s office recused itself in 2013 from the investigations, transferring the case to Colorado. Later, the Justice Department declined to charge either man and Utah state prosecutors took over. Swallow was acquitted on all counts last year and the charges against Shurtleff were dropped in 2016 by Davis County Attorney Troy Rawlings, who bitterly complained about FBI and Justice Department conduct in the case.

That’s how the game is played in Utah, locals say. Power brokers have the state wired. Mr. Huber seems like a decent man, but his tenure at the top of Utah law enforcement has been short and undistinguished. Why appoint him to such a sensitive position in Washington?

One explanation is that Mr. Sessions knows precisely who Mr. Huber is and what he wants from him. Mr. Sessions went to bat for Mr. Huber in his re-appointment as U.S. Attorney and named him vice-chair of the prestigious Attorney General’s Advisory Committee. Mr. Huber, a political survivor, knows precisely who Mr. Sessions is and what the attorney general wants from him.

Another more intriguing explanation is that Mr. Sessions needs someone who knows Utah. One part of Mr. Huber’s mandate, as outlined in the GOP letter, is the “purchase of Uranium One by the company Rosatom, whether the approval of the sale was connected to any donations to the Clinton Foundation, and what role Secretary Clinton played in the approval of the sale.”

Uranium One’s assets included significant holdings in Utah and nearby states. Prosecutors—and the media, so transfixed by the Mueller probe that they decline to look elsewhere—should follow the Uranium One money in Utah and the rest of the West. And if Mr. Huber does recommend additional investigations or a second special counsel, Mr. Sessions should get himself a junkyard dog.”

Cover, Lose, Hide, Destroy, Manipulate, Convolute, Obstruct, Obfuscate – by the Cleaner Huber

Non-Prosecution & Deferred Prosecution Agreements Justice Denied – Too big to Jail – Too big to Fail – Morally Suspect  “Tis vile to rob a henroost of a hen, but thieving largely makes us gentlemen!”

From FCPA Compliance Report: “You know it is going to be a bad day when you are excoriated in public by a sitting federal district judge. It is even worse when the comments of that federal judge make it into one of the most prominent international business dailies around; the UK based Financial Times (FT). Both of the events occurred this week when US District Judge Jed Rakoff spoke to the New York City Bar Association with his thoughts on the use of Deferred Prosecution Agreements (DPAs) by the Department of Justice (DOJ) to resolve criminal matters involving corporations and his speech was reported by Kara Scannell for the FT in an article entitled “Judge says DOJ agreements are ‘morally suspect’”.  As usual Judge Rakoff pulled no punches when he declared that the DOJ’s “Use of deferred prosecution agreements to resolve criminal investigations without holding individuals accountable is technically and morally suspect.”

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Cover, Lose, Hide, Destroy, Manipulate, Convolute, Obstruct, Obfuscate – by the Cleaner Huber

NOVEMBER 6, 2017:

By Jennifer Dobner of the Salt Lake Tribune.

“Terry Diehl’s isn’t the only high-profile Utah criminal case that has Sputtered Out.”

Utah state and federal prosecutors have a checkered track record when it comes to charging and convicting some Utah power brokers in politics and business in recent years. Here’s a look at some cases that stumbled:

Rick Koerber — A former real-estate guru, Koerber was charged in an 18-count federal indictment with running a Ponzi scheme that allegedly defrauded investors of nearly $100 million. An eight-week trial ended with a mistrial on Oct. 16. It was the 2017 second time a case against Koerber ended with no conviction; a previous case was tossed out by a judge. That ruling later was overturned by another court. Federal prosecutors intend to retry the case.

John Swallow — A former Utah attorney general, Swallow was acquitted in March on nine public corruption-related crimes by a jury in state court. The case grew out of a joint FBI and state police investigation that also ensnared Swallow’s predecessor, Mark Shurtleff in 2014. The Salt Lake County district attorney’s office handled the case.  Koerber was accused of illegal business dealings and running a Ponzi scheme. U.S. District Court David Nuffer declared a mistrial in Salt Lake City Monday October 16, 2017.

Jeremy Johnson — A one time internet-marketing mogul, Johnson was convicted on federal charges of making false statements to a bank, but walked away from 78 other charges, including bank fraud and money laundering. Johnson, who served as his own attorney at trial, is serving an 11 year prison term. The case is on appeal.

(Excerpt By Tom Harvey, The Salt Lake Tribune, February 8, 2016 inserted here “Missing emails Since then, as the case lurched toward trial, the defendants — five at one time — have alleged that thousands of emails from a critical period related to the case are missing from evidence; data provided from an I Works server that might contain important evidence can’t be accessed; and a prosecution search warrant seized thousands of private emails between Johnson and his lawyers.  “‘The U.S. attorney’s office should be very concerned about accusations that have come out of this case, and there appears to be at least some level of accuracy to those accusations’ Tolman said.’  In the end, they’re going forward, but there are missing documents from information that was seized by the United States government.  The U.S. attorney’s office declined to comment, citing the gag order and the start of the trial.”

Mark Shurtleff — Utah’s attorney general for a dozen years, Shurtleff was charged in 2014 with multiple felony and misdemeanor crimes stemming from allegations of pay-to-play political corruption. The case was dismissed by Davis County Attorney Troy Rawlings, citing concerns over the truthfulness of evidence and a lack of cooperation from the FBI and the Department of Justice, which Rawlings said had blocked him from accessing some evidence.

Marc Sessions Jenson — A hard-money lender and entrepreneur, Jenson was acquitted by a state jury on charges of fraud and money laundering tied to a failed Beaver County golf and ski-resort development known as Mt. Holly. Jenson was a key player in the public-corruption investigations of Shurtleff and Swallow. His case was filed by the Utah attorney general’s office but handled by the Utah County attorney’s office.

Nancy Workman — The former Salt Lake County mayor, Workman was acquitted on two felony counts of misusing public funds in a case that prompted the politician to abandon her 2004 re-election bid. The case was argued by a special prosecutor retained by the Salt Lake County district attorney. (In a separate case County Auditor Craig Sorenson did serve 10 days for stealing gas using his government fuel card.)  City on Wednesday, January 14, 2015. They are charged with defrauding investors in a luxury ski resort near Beaver, Utah.  Workman responded to criminal charges against her for misuse of public funds. An independent, bipartisan panel of County Attorneys claimed there was sufficient evidence to sustain two felony charges against Workman for misuse of public funds.

Tom Welch and Dave Johnson — A federal judge acquitted the leaders of Salt Lake City’s Olympic bid — Welch and Johnson — on charges connected to the bribery scandal that tainted the International Olympic Committee and Salt Lake City’s efforts to land the 2002 Winter Games.

Cover, Lose, Hide, Destroy, Manipulate, Convolute, Obstruct, Obfuscate – by the Cleaner Huber

December 13, 2016:

A $2M check, Harry Reid and one frustrated prosecutor 

Shurtleff-Swallow fallout • Davis County prosecutor wants to know if feds backed away from allegations surrounding the powerful Nevada senator.  By Tom Harvey And Jennifer Dobner | The Salt Lake Tribune

“The $2 million cashier’s check was drawn at a St. George bank Nov. 5, 2010.  From there, it was sent by FedEx to a Los Angeles attorney who represented Ireland-based Full Tilt Poker.  Made out to “Mail Media LTD” — a Full Tilt-owned entity used to launder online-gambling funds — the millions then were deposited at Basler Kantonalbank in Switzerland, where Mail Media had an account.  And from there, Davis County Attorney Troy Rawlings is investigating whether it went into a Marshall Islands account in the name of Searchlight Holding Inc. to benefit, or even bribe, Harry Reid, the once-powerful majority leader of the U.S. Senate whom online poker companies had been courting to push a bill to legalize their gaming across the nation.  But documents gathered by The Salt Lake Tribune from state and federal investigations, court filings and public records requests — including audio recordings of interviews and thousands of pages of transcripts, summaries by investigators, emails, requests for evidence and other materials — show that the Department of Justice (DOJ) and the FBI failed to pursue a vigorous investigation of this money and any potential tie to Reid.

Lobbying or bribery • The $2 million reached Shurtleff’s radar from Johnson, his longtime friend and campaign donor, who also told the then-attorney general in 2012 about a $250,000 bid to solicit Reid’s help in thwarting a Federal Trade Commission (FTC) investigation of Johnson’s I Works online-marketing company.  Johnson told Shurtleff that the deal involved Swallow, then a top deputy in the Utah Attorney General’s Office, and the late Provo payday-lending magnate Richard Rawle, who had access to Las Vegas attorney Jay Brown, Reid’s friend and sometimes-business partner.  Shurtleff said he asked Johnson why he considered the $250,000 a bribe and not just “straight-up lobbying” money — as Swallow has argued it was.  “He says, ‘because I bribed Harry Reid before,’ ” Shurtleff recalled in an interview with The Tribune. Johnson went on, the former attorney general said, to tell the story about the poker companies and the $2 million. That prompted Shurtleff to turn to the feds — the U.S. attorney’s office for Utah, the DOJ and the FBI — two times in 2012 and again in 2013 after he left office.

Following the check • One of Rawlings’ requests to federal agencies seeks an email exchange between Full Tilt executives and Johnson that discusses “a wire transfer, or a cashier’s check, for $2,000,000, or any other amount in 2010,” according to records obtained through the Freedom of Information Act.  Documents show Rawlings has been trying to obtain evidence from federal agencies about a Searchlight Holding Inc. registered in the Marshall Islands and seven “alleged overseas accounts in the Marshall Islands and Bermuda that purportedly relate to Senator Harry Reid going back to 1997.” On May 6, 2013, the U.S. attorney’s office for Utah withdrew from the Swallow-Shurtleff probe, leaving it in the hands of the DOJ’s Public Integrity Section.   In an email to the U.S. attorney’s office, Rawlings asked why the feds failed to pursue alleged attempts to bribe Reid. “Johnson confessed to this,” the prosecutor added. “There are recorded conversations about this.”  Rawlings also has sought information on now-deceased top DOJ official David Margolis and agency attorneys who conducted the investigation in Utah. In one request, Rawlings seeks “any material concerning any relationship and/or communications” between Margolis and Reid.  DOJ spokesman Peter Carr (Carr … one time Orrin Hatch press secretary and now Robert Mueller’s special counsel … er’ did we say Hatch mole and go-between king?) declined to comment on the agency’s handling of the investigations.  Federal agencies have provided Rawlings with millions of pages of documents related to their investigation of Shurtleff. But the Davis County prosecutor’s repeated requests to get at information regarding Reid have been blocked, which ultimately helped tank his criminal case against Shurtleff, according to Rawlings’ statements and court filings.

Rawlings said he has been told by federal authorities to “forget Harry Reid.” 

Cover, Lose, Hide, Destroy, Manipulate, Convolute, Obstruct, Obfuscate – by the Cleaner Huber

July 19, 2016:

Excerpts from “Prosecutor says he’s walking away from Shurtleff case for sake of justice

Seeking dismissal • Troy Rawlings says he is walking away from the case of former Utah attorney general for the sake of justice.  By Jennifer Dobner And Tom Harvey | The Salt Lake Tribune

“Davis County Attorney Troy Rawlings said he had little choice — despite the flak he might get — but to seek dismissal Monday of all criminal charges against former Utah Attorney General Mark Shurtleff.  Rawlings’ motion seeks to dismiss five felony and two misdemeanor charges against the former three-term attorney general, including accepting a prohibited gift, bribery to dismiss a criminal proceeding, official misconduct and obstruction of justice.

Over the past month, Shurtleff’s attorneys have filed multiple motions seeking dismissal. The first argued that their client’s constitutional right to a speedy trial had been violated, even though his lawyers had supported Rawlings’ efforts to force the FBI and the U.S. Department of Justice to turn over additional evidence gathered during their probe.  Shurtleff also has argued that his case was unfairly built on “false statements and material omissions” of fact by investigators and prosecutors.

An ongoing cooperation agreement • Shurtleff has provided “significant and important” information and will testify as needed in pending cases.  That could include taking the stand to provide evidence to a state grand jury that Rawlings wants to impanel as part of a wider probe into the actions of federal investigators and prosecutors in cases involving Swallow, Sen. Harry Reid, D-Nev., and the campaign of Sen. Mike Lee, R-Utah.

Lack of Department of Justice cooperation • Rawlings asserts that federal prosecutors haven’t provided all of the evidence he believes the defense is entitled to receive and has fought the issue, with Shurtleff’s support, in court for nearly a year.  Rawlings said he warned federal prosecutors that a dismissal may result without that evidence.  “The state of Utah tried. Hard,” the motion states. “It did not work.”

Insufficient evidence • Rawlings questions whether there’s enough evidence to convict Shurtleff of charges that he took prohibited trips and lodging from campaign donors and others who needed the then-attorney general’s help with their own legal problems. Shurtleff has offered “alternative and potentially innocent explanations” for those favors, the prosecutor wrote.  Pretrial publicity • Rawlings questions whether Shurtleff can get a fair trial, given the case’s “high-profile” publicity. Prosecutors might prevail in a fair-trial argument, he added, but the state is not willing to “waste taxpayer money doubling down on that bet.”

Cover, Lose, Hide, Destroy, Manipulate, Convolute, Obstruct, Obfuscate – by the Cleaner Huber

For the weary reader, the foregoing has gone far beyond enough for now.

By now, anyone would have most certainly been unmercifully skewered by the “Tip of the Iceberg” in this but another, Deep State, Titanically stupid, stinking, sinking saga.

To push beyond, would be to fold Orrin Hatch, Robert Mueller, and a host of other elite “Deus ex Machina” we call Goodfellas into the mix.  That would be too much for this trip down the rabbit hole.

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Wayne L. Wickizer - MSAJ Major, U.S. Army Special Forces Ret. Former FBI Agent 1970-76

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