SALT LAKE CITY — Federal prosecutors say convicted online marketer Jeremy Johnson could spend nearly 34 years behind bars. His attorneys argue he should get no more than six months.
And the St. George businessman could enlist an interesting ally in his effort to stay out of prison: Davis County Attorney Troy Rawlings.
In court papers filed Tuesday, Johnson's attorney, Karra Porter, wrote that Rawlings would testify that Johnson provided "substantial assistance" in the ongoing criminal investigation of numerous local and national political figures, their staffs and various other government officials.
Meantime, Rawlings wants a state grand jury to consider the evidence he has gathered involving those officials, including former Senate Majority Leader Harry Reid, D-Nev., Department of Justice attorneys and various political campaign staffers.
"The full scope of allegations, including all potential players, has never been adequately addressed, if even at all, in the context of the Utah Criminal Code," Rawlings said in an email.
Porter argues Johnson's cooperation should be among the mitigating factors U.S. District Judge David Nuffer considers when sentencing Johnson next month. A jury found Johnson guilty of eight counts of making false statements to a bank related to his former company, iWorks.
Using a complicated federal formula, the Utah U.S. Attorney's Office for Utah calculated that Johnson's sentence could range from a minimum of 27 years and a maximum of just under 34 years in prison.
Under the same formula, Porter estimates Johnson should spend no more than six months in prison, including time already served. Nuffer sent Johnson to jail April 1 pending a June 20 sentencing hearing.
Johnson is a key witness in the public corruption cases against former Utah Attorneys General Mark Shurtleff and John Swallow. Both have pleaded not guilty to several felony and misdemeanor charges.
Rawlings has expressed frustration with the Department of Justice Public Integrity Section, which declined to prosecute Shurtleff and Swallow more than two years ago after conducting its own investigation.
Rawlings confirmed last fall that he is investigating Reid based on evidence he came across in prosecuting Shurtleff.
The allegations against Reid center on whether he received money or other benefits from donors and fundraisers in connection with doing political favors or taking official actions. No criminal charges have been filed against Reid. His office has said Rawlings is using the senator's name to grandstand.
Johnson claims Swallow helped arrange a $250,000 payment to a friend who had ties to Reid to derail a Federal Trade Commission investigation into iWorks. Johnson has described it as a bribe, while Swallow called it lobbying.
Johnson, who for a time processed online poker proceeds through the now-defunct SunFirst Bank in St. George, also claims online poker figures told him to hide illegal campaign contributions to Reid through "straw" donors who were reimbursed from poker accounts.
The Federal Election Commission has also accused Johnson and Swallow of violating campaign finance laws in donations made to Reid, Shurtleff and Sen. Mike Lee, R-Utah, totaling $170,000. Federal authorities say Johnson used straw donors to give about $100,000 to Shurtleff, $50,000 to Lee and $20,000 to Reid.
State grand juries, which are conducted in secret, are seldom convened in Utah. Rawlings would first have to convince a five-judge panel one is warranted. A grand jury would allow Rawlings to subpoena witnesses who aren't inclined to cooperate. It would also let him get witness testimony under oath and question confidential informants.
A grand jury inquiry may or may not result in an indictment. The testimony would remain secret if there is no indictment but would be part a court record if there are criminal charges.
Because it costs money to bring in witnesses, Rawlings is working with the Utah Attorney General's Office for access to its litigation fund, which covers those types of expenses.
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