IN THE THIRD DISTRICT COURT, SALT LAKE DEPARTMENT IN AND FOR SALT LAKE COUNTY, STATE OF UTAH STATE or UTAH SS County of Salt Lake SEARCH WARRANT BEFORE: \/elm V9 S-Q, soc-Ht Sufi- MAGISTRAT ADDRESS WM [24 N110 (3 Proof by Affidavgt??nder oath having been made this day before me by Agent Scott Nesbitt of the Ut Department of Public Safety State Bureau of Investigation, I am satisfied that there is probable cause to believe: In the records of: The electronic mail provider Yahoo located at 701 First Avenue California 94089, further described as stored subscriber, billing, account, and email records including all draft, sent, received, and discarded emails, attachments, documents, chats, email header information, session records including times and durations, date on which the account was created, the length of service that was provided, IP address used to register the account, log-in IP addresses associated with session dates and times, account status, alternative email addresses provided during registration, methods of connecting, log files, means and sources of payment including credit card or bank account numbers, and any other records or information stored including address books, contact and buddy lists, calendar data, videos, photos, pictures, and all records pertaining to communications between the provider and any person regarding the account including contacts with support services and records of actions taken for the email account of fullnester@yahoo.com for the time period of August 10, 2005 through and including the present; There is now certain property or evidence described as: (SEE ATTACHMENT -. SEARCH WARRANT PAGE 2 and that said property or evidence: (X) has been used to commit or conceal a public offense, or (X) is being possessed with the purpose to use it as a means of committing or concealing a public offense, or (X) consists of an item of or constitutes evidence of illegal conduct, possessed by a party to the illegal conduct. You are therefore commanded (X) In the day time. to make search of the above-named or described premises and or item(s) for the herein-above described property or evidence and if you find the same or any part thereof, to bring it before me at the Third District Court, County of salt Lake, State of Utah, or retain such property in your custody, subject to order of this court. GIVEN UNDER MY HAND And dated this day of 2013 2 THE IN AND FOR THE STATE OF f- If .4 I I AFFIDAVIT FOR SEARCH WARRANTI SEARCH WARRANT ATTACHMENT ITEMS TO BE SEIZED For email address fullnester@yahoo.com: 1. The contents of all emails associated with the account, including stored or preserved copies of emails sent to and from the account, draft emails, the source and destination addresses associated with each email, the date and time at which each email was sent, and the size and length of each email; 2. All records or other information regarding the identification of the account, to include full name, physical address, telephone numbers and other identifiers, records of session times and durations, the date on which the account was created, the length of service, the IP address used to register the account, log-in IP addresses associated with session times and dates, account status, alternative email addresses provided during registration, methods of connecting, log files, and means and source of payment (including any credit or bank account number); 3. The types of service utilized; 4. All records or other information stored at any time by an individual using the account, including address books, chats, attachments, documents, contact and buddy lists, calendar data, videos, photos, pictures, and files; 5. All records pertaining to communications between the provider and any person regarding the account, including contacts with support services and records of actions taken. For the time period August 10, 2005 through and including the present. fig-IN THE THIRD DISTRICT COURT, SALT LAKE DEPARTMENT IN AND FOR SALT LAKE COUNTY, STATE OF UTAH STATE OF UTAH ss 22 0 County of Salt Lake AFFIDAVIT FOR SEARCH WARRANT BEFORE: Vernil 8 Tr" 33 C0 Sr-\-w-lc s-L; MAGISTRATE ADDRESS The undersigned affiant, Agent Scott Nesbitt of the Utah Department of Public Safety State Bureau of Investigation, being first duly swom, deposes and says that he has reason to believe: In the records of: The electronic mail provider Yahoo located at 701 First Avenue Sunnyvale, California 94089, further described as stored subscriber, billing, account, and email records including all drafi, sent, received, and discarded emails, attachments, documents, chats, email header information, session records including times and durations, date on which the account was created, the length of service that was provided, IP address used to register the account, log-in IP addresses associated with session dates and times, account status, altemative email addresses provided during registration, methods of connecting, log files, means and sources of payment including credit card or bank account numbers, and any other records or infomiation stored including address books, contact and buddy lists, calendar data, videos, photos, pictures, and all records pertaining to communications between the provider and any person regarding the account including contacts with support services and records of actions taken for the email account of fu1lnester@yahoo.com for the time period of August 10, 2005 through and including the present; There is now certain property or evidence described as: (SEE ATTACHMENT AFFIDAVIT FOR SEARCH WARRANT PAGE 2 and that said property or evidence: (X) has been used to commit or conceal a public offense, or (X) is being possessed with the purpose to use it as a means of committing or concealing a public offense, or (X) consists of an item of or constitutes evidence of illegal conduct, possessed by a party to the illegal conduct. AFFIDAVIT FOR SEARCH WARRANTI SEARCH WARRANT ATTACHMENT ITEMS TO BE SEIZED For email address fullnester@yahoo.com: 1. The contents of all emails associated with the account, including stored or preserved copies of emails sent to and from the account, draft emails, the source and destination addresses associated with each email, the date and time at which each email was sent, and the size and length of each email; 2. All records or other information regarding the identification of the account, to include full name, physical address, telephone numbers and other identifiers, records of session times and durations, the date on which the account was created, the length of service, the IP address used to register the account, log-in IP addresses associated with session times and dates, account status, alternative email addresses provided during registration, methods of connecting, log files, and means and source of payment (including any credit or bank account number); 3. The types of service utilized; 4. All records or other information stored at any time by an individual using the account, including address books, chats, attachments, documents, contact and buddy lists, calendar data, videos, photos, pictures, and files; 5. All records pertaining to communications between the provider and any person regarding the account, including contacts with support services and records of actions taken. For the time period August 10, 2005 through and including the present. AFFIDAVIT FOR SEARCH WARRANT PAGE 3 Affiant believes the property and evidence described above is evidence of the crime(s) of: Obstruction of Justice (U.C.A. 76-8-306). Tampering with Witness (U.C.A. 76-8-508). Retaliation against a Witness, Victim, or Informant (U .C.A. Bribery or Offering a Bribe (U.C.A. 76-8-103). Receiving or Soliciting Bribe or Bribery by Public Servant (U.C.A. 76-8-105). Acceptance of Bribe or Bribery to Prevent Criminal Prosecution (U .C.A. 76-8-308). Tampering with Evidence (U.C.A. Communications Fraud (U .C.A. 76-10-1801). Electronic Communication Harassment (U.C.A. 76--9--201). Agent Information 1. Your affiant, Agent Scott Nesbitt, is employed by the Utah Department of Public Safety State Bureau of Investigation and is currently assigned to the Maj or Crimes Team. Your Affiant has been given the responsibility to investigate various criminal offenses occurring in the State of Utah including but not being limited to bank fraud, mortgage fraud, identity theft, securities fraud, forgery, weapons offenses, computer crimes, domestic violence crimes, sex offenses, stalking, homicide, offenses related to vehicle crashes, public corruption offenses, and narcotics offenses. 2. Your affiant is a certified Police Officer in the State of Utah, and has over eighteen years of law enforcement experience. Your affiant has investigated and assisted in investigations of various fraud, forgery, computer crimes, theft, counterfeiting, violent crimes, gang crimes, homicide, sex offenses, stalking offenses, vehicle crashes, public corruption, and illegal drug operations. Your aff1ant's specialized training includes drug identification and recognition courses taught by Utah Peace Officers Standards and Training and the Utah Peace Officers Association. Your affiant has specialized training in Auto Thefl Investigation which includes the detection of counterfeit temporary operating permits which was taught by the Utah State Tax Commission. Your affiant has specialized training in conducting forensic interviews taught by the Children's Justice Center. 3. Your affiant has had training in advanced homicide investigations, advanced gang investigations, mortgage fraud investigations, questioned document examination, interview and interrogation, mortgage fraud investigations, gang, conspiracy, and RICO crimes which was taught by High Intensity Drug Area, and detection of counterfeit United States currency which was taught by the United States Secret Service. Your affiant has completed Basic, Intermediate, Advanced, and Accident Reconstruction courses taught by Utah Peace Officer Standards and Training. Your affiant was assigned as an Investigator on the Major Crash Team for several years while working for the Midvale City Police Department. Your affiant has investigated counterfeiting, forgery, fraud, homicide and narcotics cases through surveillance, interrogation of suspects and AFFIDAVIT FOR SEARCH WARRANT PAGE 4 informants, personal observation, and investigating intelligence reports received from citizens. Background regarding_Comp_uters, the Internet, and Email 4. The term "computer" as used herein is defined in 18 U.S.C. 1030(e)(1), and includes an electronic, magnetic, optical, electrochemical, or other high speed data processing device performing logical ,arithmetic, or storage functions, and includes any data storage facility Qr communications facility directly related to or operating in conjunction with such device. 5. Your affiant has had training in the investigation of computer-related crimes. Based on your affiant's training and experience, your affiant knows the following: a. The Internet is a worldwide network of computer systems operated by governmental entities, corporations, and universities. In order to access the Internet, an individual computer user must subscribe to an access provider, which operates a host computer system with direct access to the Internet. The World Wide Web is a functionality of the Internet which allows users of the Internet to share information; b. With a computer connected to the Internet, an individual computer user can make electronic contact with millions of computers around the world. This connection can be made by any number of means, including modem, local area network, wireless, and numerous other methods; and c. Email is a popular form of transmitting messages and or files in an electronic environment between computer users. When an individual computer user sends email, it is initiated at the uscr's computer, transmitted to the subscriber's mail server, and then transmitted to its final destination. A server is a computer that is attached to a dedicated network and serves many users. An email server may allow users to post and read messages and to communicate via electronic means. 6. With a computer connected to the lntemet, an individual computer user can make electronic contact with millions of computers around the world. Many individual computer users and businesses obtain their access to the Internet through businesses known as Internet Service Providers ISPs provide their customers with access to the Internet using telephone or other telecommunication lines; provide Internet email accounts that allow users to communicate with other Internet users by sending and receiving electronic messages through the servers; remotely store electronic files on their customer's behalf; and may provide other services unique to each particular ISP. AFFIDAVIT FOR SEARCH WARRANT PAGE 5 7. The ISPs maintain records pertaining to the individuals or companies that have subscriber accounts with the ISP. Those records may include identifying and billing information, account access information in the form of log files, email transaction information, posting information, account application information, Internet Protocol addresses, and other information both in computer data format and in written record format. 8. Your affiant knows from training and experience that in general, an e-mail that is sent to a subscriber is stored in the subscriber's "mail box" on the provider's servers until the subscriber deletes the e-mail. If the subscriber does not delete the message, the message can remain on the provider's servers indefinitely. Even if the subscriber deletes the e-mail, it may continue to be available on the provider's servers for a certain period of time. 9. According to your affiant's training and experience, electronic mail (email) providers such as Yahoo provide a variety of on-line services that allow subscribers to obtain email accounts. Subscribers obtain an account by registering with the provider. During the registration process, the subscribers are asked to provide basic personal information. Therefore, the servers of the providers are likely to contain stored electronic communications including retrieved and un-retrieved email and information concerning the subscribers and their use of the services, such as account access infonnation, email transaction information, and account application information. In your affiant's training and experience, such information may constitute evidence of the crimes under investigation because the information can be used to identify the account's user or users. 10. According to your affiant's training and experience, subscribers can also store with the provider files in addition to emails, such as address books, contact or buddy lists, calendar data, pictures, chats, and other files, on servers maintained and/or owned by the providers. Providers generally ask their subscribers to provide certain personal identifying information when registering for an email account. Such information can include the subscriber's full name, physical address, telephone numbers and other identifiers, alternative e-mail addresses, and, for paying subscribers, means and source of payment (including a credit card or bank account number). Such information may constitute evidence of the crimes under investigation because the information can be used to identify the account's user or users. 11. According to your affiant's training and experience, email providers typically retain certain transactional information about the creation and use of each account on their systems. This information can include the date on which the account was created, the length of service, records of log-in session) times and durations, the types of service utilized, the status of the account (including whether the account is inactive or closed), the methods used to connect to the account (such as logging into the account via AFFIDAVIT FOR SEARCH WARRANT PAGE 6 the provider's website), and other log files that reflect usage of the account. In addition, e-mail providers often have records of the Intemet Protocol address address") used to register the account and the IP addresses associated with particular logins to the account. Because every device that connects to the Internet must use an IP address, IP address information can help to identify which computers or other devices were used to access the email account. 12. According to your affiant's training and experience, in some cases, email account users will communicate directly with an email service provider about issues relating to the account, such as technical problems, billing inquiries, or complaints from other users. Email providers typically retain records about such communications, including records of contacts between the user and the provider's support services, as well records of any actions taken by the provider or user as a result of the communications. Stored Wire and Electronic Communication Access 13. Title 18, United States Code, Chapter 121, Section 2701 through 2711, is entitled "Stored Wire and Electronic Communications and Transactional Records Access." a. Title 18, United States Code, Section 2703(a) provides, in part: A govemmental entity may require the disclosure by a provider of electronic communication service of the contents of an electronic communication that is in electronic storage in an electronic communications system for one hundred and eighty days or less, only pursuant to a warrant issued under the Federal Rules of Criminal Procedure or equivalent State warrant. A govemmental entity may require the disclosure by a provider of electronic communications services of the contents of an electronic communication that has been in electronic storage in an electronic communications system for more than one hundred and eight days by the means available under subsection of this section. b. Title 18, United States Code, Section 2703(b) provides, in part: (1) A govemmental entity may require a provider of remote computing service to disclose the contents of any electronic communication to which this paragraph is made applicable by paragraph (2) of this subsection -- (A) without required notice to the subscriber or customer, I the govemmental entity obtains a warrant issued under the Federal Rules of Criminal Procedure or equivalent State warrant. AFFIDAVIT FOR SEARCH WARRANT PAGE 7 (2) Paragraph (1) is applicable with respect to any electronic communication that is held or maintained on that service -- (A) on behalf of, and received by means of electronic transmission fiom (or created by means of computer processing of communications received by means of electronic transmission fiom), a subscriber or customer of such remote computing service; and (B) solely for the purpose of providing storage or computer processing services to such subscriber or customer, if the provider is not authorized to access the contents of any such communications for purposes of providing any services other than storage or computer processing. c. The government may also obtain records and other information pertaining to a subscriber to or customer of electronic communication service or remote computing service by way of a search warrant (18 U.S.C. 2703(c)). No notice to the subscriber or customer is required (18 U.S.C. 2703(c)(2)). d. Title 18, United States Code, Section 2711, provides, in part: As used in this chapter -- (1) the terms defined in section 2510 of this title have, respectively, the definitions given such terms in that section; and (2) the term "remote computing service" means the provision to the public 0 computer storage or processing services by means of an electronic communications system. e. Title 18, United States Code, Section 2510, provides, in part: (8) "contents", when used with respect to any wire, oral, or electronic communication, includes any information conceming the substance, purport, or meaning of that communication; (14) "electronic communications system" means any wire, radio, electromagnetic, photo optical or photo electronic facilities for the transmission of electronic communications, and any computer facilities or related electronic equipment for the electronic storage of such communications;. . . (15) "electronic communication service" means any service which provides to users thereof the ability to send or receive wire or electronic communications;. . . (17) "electronic storage" means - AFFIDAVIT FOR SEARCH WARRANT PAGE 8 . (A) any temporary, intermediate storage of a wire or electronic communication incidental to the electronic transmission thereof; and (B) any storage of such communication by an electronic communication service for purposes of backup protection of such communication. Background of Investigation 14. Your affiant makes this affidavit in support of an application for a search warrant for information associated with certain accounts that is stored at premises controlled by the email provider Yahoo located at 701 First Avenue Sunnyvale, California 94089. The information to be searched is described in the following paragraphs and in Attachment D. This affidavit is made in support of an application for a search warrant under 18 U.S.C. 2703(a), 2703(b)(l)(A) and 2703(c)(l)(A) to require Yahoo to disclose to the government copies of the information (including the content of communications) further described in Attachment D. This affidavit is intended to show merely that there is sufficient probable cause for the requested warrant and does not set forth all of your affiant's knowledge about this matter. 15. The Utah Attomey General is the top law enforcement official in the State of Utah for violations of Utah law. The Utah Attomey General's Office (UAGO) is the state agency responsible for prosecuting criminal activity on behalf of the State of Utah. The UAGO has the power to prosecute cases developed by the UAGO's investigators, or cases that are brought to it by other law enforcement agencies in the State of Utah. The UAGO commonly prosecutes cases brought by agencies within the Utah Department of Commerce, such as the Division of Securities and Division of Consumer Protection. 16. In 2012, John Swallow ran for Attorney General in the State of Utah. John Swal1ow's opponent was Sean Reyes. John Swallow with the assistance of others, including Jason Powers, Greg Powers, Jessica Fawson, Renae Cowley, Seth Crossley, and Jason Powers' company Guidant Strategies, raised money for John Swallow's campaign. John Swallow won the election and took office in January of 201 3. Mark Shurt1efl' served as the Utah Attorney General for 12 years prior to John Swallow being elected. John Swallow served as a Chief Deputy for Mark Shurtleff in the Utah Attorney General's Office prior to being elected, and he was appointed to that position by Mark Shurtlefi' in December of 2009. 17. According to filed court documents, on or about August 10, 2005, Marc Sessions enson was charged in the Third District Court in Salt Lake City with felony counts of Sale of Unregistered Security, Securities Fraud, and Pattern of Unlawful Activity. The charges were filed by Assistant Attorney General Charlene Barlow of the Utah Attorney General's Office. Mark Leonard Shurtleff was the Utah Attorney General at that time. AFFIDAVIT FOR SEARCH WARRANT PAGE 9 18. Charlene Barlow told your affiant that she was assigned to prosecute the case against Marc enson and that she filed the charges against Marc Jenson. Charlene Barlow told your affiant and that as the case was proceeding, she heard that Mark Shurtlefl' was concerned about the case. Charlene Barlow told your affiant that she attended a meeting with Mark Shurtleff (Utah Attomey General), Scott Reed (Criminal Division Chief), Kirk Torgensen (Chief Deputy), and others about the case. Charlene Barlow told your afliant that Mark Shurtleff told her that he had been informed that the case was weak and that he was worried about being embarrassed if the case turned out bad. 19. Charlene Barlow told your afiiant that she had never heard of Mark Shurtleff getting involved in any case before, and she worked for the Utah Attorney General's Office for over 20 years. Charlene Barlow told your affiant that she laid out the case for Mark Shurtleff and explained to him that the case was strong with good witnesses. Charlene Barlow told your affiant that Mark Shurtleff did not seem convinced but told her to proceed with the case if she felt that the case was strong. 20. Charlene Barlow told your affiant that before that case against Marc enson was resolved, the Utah Attomey General's Office received a complaint about Marc enson's involvement in the Mount Holly project, and she forwarded the complaint to the Utah Division of Securities for investigation. The Mount Holly project involved Marc Jenson and others soliciting investments to construct a ski resort and golf course in Beaver County, Utah. Charlene Barlow told your affiant that the weekend before the trial was to begin for the case she filed against Marc Jenson; she saw a big article in the news media regarding the case. Charlene Barlow told your affiant that the article mentioned behind the scenes information about Mount Holly and that Mark Shurtleff had met with Marc Jenson. Charlene Barlow told your affiant that she heard rumors that Marc Jenson offered to help Mark Shurtleff with his election if Mark Shurtleff would make the case go away. 21. Charlene Barlow told your afiiant that before the trial was to begin, Kirk Torgensen told her that Mark Shurtleff was not comfortable with the case. Charlene Barlow told your affiant that it became clear to her that Scott Reed or Kirk Torgensen would try to pull the plug on the case. Charlene Barlow told your affiant that the week before the trial was to begin; Scott Reed told her that Mark Shurtleff had told him to offer Marc enson anything to make the case go away. Charlene Barlow told your afiiant that Scott Reed started working on a plea in abeyance agreement to which she strongly objected because the case was solid. Charlene Barlow told your affiant that she had never seen a high profile case like this result in a plea in abeyance agreement, and Scott Reed told her that Mark Shurtleff had ordered him to do the plea deal. Charlene Barlow told your affiant that she refused to offer the plea in abeyance and said she would quit before she would do so. Charlene Barlow told your affiant that Scott Reed made the plea offer. AFFIDAVIT FOR SEARCH WARRANT PAGE 10 22. On or about October 31, 2013, Scott Reed provided some emails to Special Agent Jon Isakson of the Federal Bureau of Investigation regarding Mark Shurtleffs involvement in the Marc Jenson plea negotiations. The emails were dated December 13, 2007, and they were between Scott Reed, Kirk Torgensen, and Mark Shurtleff using their state email accounts. One of the messages was from Mark Shurtleff to Scott Reed and Kirk Torgensen, and it read in part "You should know that in conversations with his civil attomey Mark James and some others, I suggested I would seriously consider a plea in abeyance. i will send a copy down to you today through in-house mail. In short, he offers to plead 'no contest' to three thirds, pay a $15,000 fine to Securities Division, make restitution to and serve a three month abeyance. For reasons I will be happy to explain in person, I am intent on accepting a no contest plea in abeyance to three third degree felonies, but obviously there needs to be a longer abeyance period and more restitution and perhaps a heflier fine. . .The question I would like you, Kirk and Charlene to consider is if we could require a longer period but run it retroactively to some date bind-over, or something). . .I'm sure this email will be viewed as capitulation on my part and I would like to discuss this whole thing at length but I wanted to get started on this while I am recovering from my additional surgery tomorrow. Please know that I am not succumbing to bribes or threats. This has to do with the fact that among the dozens of conversations I've had with Jensen supporters, a few I deemed to be credible, sincere and not motivated by a financial interest or tie to Jensen; the problems with our witnesses which may, or may not, be kept from the jtu'y; and my own conversations with Jensen and my conclusion that he will be very believable to a jury." 23. According to information provided to your affiant by Special Agent Jon Isakson, on October 12, 2007 and October 19, 2007, the Federal Bureau of Investigation recorded, with Mark Shurtleffs consent, two in-person meetings between Mark Shurtleff' and an employee of Marc Jenson, Paul Nelson. Certain portions of these recordings support probable cause to believe that Paul Nelson ofi'ered Mark Shurtleff campaign . contributions in exchange for Mark Shurtleff's dismissal of the charges against Marc Jenson. 24. According to information provided to your affiant by Special Agent Jon Isalcson, during the October 12, 2007 meeting, Paul Nelson encouraged Mark Shurtleff to dismiss the charges against Marc enson for a number of reasons, including: Paul Ne1son's belief that it was "the right thing to do;" Marc Jenson is a good person and respected in the community; Marc Jenson is innocent; and Mark Shurtleff could receive significant campaign contributions in retum. Several times during the October 12, 2007 meeting, Paul Nelson referenced Mark Shurtleffs ability to become "friends" with Marc Jenson and his New York investors. Paul Nelson explained to Mark Shurtleff that the "new friends" would provide Mark Shurtleff with a significant amount of campaign contributions. Paul Nelson continued his effort to persuade Mark Shurtleff to dismiss the charges against Marc Jenson by, among other things, offering things of value in a follow- up meeting. AFFIDAVIT FOR SEARCH WARRANT PAGE 11 25. According to information provided to your affiant by Special Agent Jon Isakson, during Mark Shurtleff and Paul Nelson's in-person meeting on October 19, 2007, Paul Nelson continued to attempt to persuade Mark Shurtleff to dismiss the UAGO's charges against Marc enson. Paul Nelson continued to couch his statements in terms of doing "the right thing" and Mark Shurtleff working to gain "new friends." Paul Nelson also described exactly how significant the campaign contributions to Mark Shurtleff would be if he dismissed the charges against Marc Jenson. By way of example, Paul Nelson explained it would not be difficult for Marc Jenson to guarantee over $500,000 in the course of three months. 26. According to information provided to your affiant by Special Agent Jon Isakson, not long after the charges were filed against Marc Jenson, Paul Nelson contacted Timothy Lawson, a fundraiser and good friend of Mark Shurtleff, and requested that Timothy Lawson help persuade Mark Shurtleff to drop the charges against Marc Jenson. Around this time, Timothy Lawson worked for a call-center (telemarketing) company called Mentoring of America (MOA). MOA was the subject of three fraud investigations by the Utah Division of Consumer Protection that resulted in administrative citations and one enforcement action. Executives of MOA met with Mark Shurtleff, and MOA donated money to Mark Shurtlefi' campaign. 27. On January 7, 2008, Mark Shurtleff wrote an email to his secretary Helen Petersen, "Helen, can you please call Marsha Oriti . . . at Mentoring of America HQ in California and set up a lunch meeting with CEO Doug Gravink and COO Gary Hewitt. For next week? [sic] They will fly up here for the meeting (and bring me another Marsha is expecting your call. I suggest Market St. Grill (unless Tim has a better idea.) Please call Tim and let him know date and time after you set it up. Thanks!" Timothy Lawson was copied the e-mail at fullnester1@netzero.com. Campaign records show that from August 2007 through November 2008, Mark Shurtleff received a total of $12,500 fi'om MOA. 28. On February 29, 2008, Timothy Lawson sent an e-mail to Mark Shtutleff with an attachment labeled "Bullet Points." The text of the e-mail from Timothy Lawson reads, "All I would like you to do bro is review this." The e-mail was sent from Timothy Lawson's fullnester@yahoo.com e-mail account to Mark Shurtleff' state email account. The "Bullet Points" attachment contains a list of suggested changes to the plea deal that was being worked on by the Utah Attomey General's Office. The attachment suggests that Marc Jenson would be willing to agree to a plea in abeyance if it included a reduction, if not elimination, of the amount of restitution that Marc enson owed to his victims. The attachment also requests an allowance for Marc Jenson to continue working on the Mount Holly Project, even though it would require lending and borrowing funds. 29. On or about May 1, 2008, Marc enson entered into the plea in abeyance agreement that included him paying a $15,000 fine, no restitution, and no term of AFFIDAVIT FOR SEARCH WARRANT PAGE 12 incarceration. The plea was entered before Judge Robin Reese of the Third District Court in Salt Lake City, and Scott Reed represented the state. Judge Robin Reese rejected the plea as too lenient and asked Scott Reed' if it truly served the interests of justice. Scott Reed told Judge Robin Reese that the plea agreement did not serve all of the interests of justice. 30. On or about May 29, 2008, Marc enson entered into a revised plea in abeyance agreement that involved him paying a $15,000 fine and $4,100,000 in restitution that had to be paid within the 36 month plea in abeyance tenn. The plea agreement also allowed Marc Jenson to continue his involvement in the Mount Holly project. Marc Jenson did not pay any restitution during the 36 month period. 31. According to receipts provided by Marc enson, between about May of 2009 and July of 2009, Mark Shurtleff, John Swallow, Suzanne Swallow, Nicole Lawson, Chelsea Lawson, and Timothy Lawson stayed at the Pelican Hill resort in California where Marc Jenson was living. John Swallow was the campaign fundraiser for Mark Shurtleff at that time. According to the receipts and statements made by Marc Jenson, Marc Jenson paid for them to stay at the luxury resort including paying for their massages, golf, food, and clothing. 32. Your affiant obtained reports from Special Agent Jon Isakson of the Federal Bureau of Investigation. According to those reports, Marc enson told Special Agent Jon Isakson that prior to the plea in abeyance agreement being rejected, he heard Scott Reed say that it did not matter if restitution was ordered because they were going to charge him again with other charges. Marc Jenson told Special Agent Isakson that he became concerned and continued to pay Timothy Lawson to have access to Mark Shurtleff. Marc enson told Special Agent Jon Isakson that Timothy Lawson told him not to worry about Scott Reed and that Mark Shurtleff would take care of things fiom above. Marc enson told Special Agent Jon Isakson that Mark Shurtleff lcnew that he (Marc Jenson) was paying Timothy Lawson to contact people to get them to back off because they were complaining to the Utah Attorney General's Office. 33. Marc Jenson told Special Agent Jon Isakson that Timothy Lawson's value to him was his close friendship with Mark Shurtleff, and it was arranged through Timothy Lawson for Mark Shurtleff and John Swallow to visit him (Marc Jenson) and stay with him (Marc Jenson) at Pelican Hill. Marc Jenson told Special Agent Jon Isakson that the purpose of Mark Shurtleff and John Swallow's trip was to meet Marc Jenson's investor friends from New York and Los Angeles. Marc Jenson told Special Agent Jon Isakson that Mark Shurtleff told him that he wanted to meet his business associates to seek funding for his United States Senate campaign. 34. Marc Jenson told Special Agent Jon Isakson that Mark Shurtleff and John Swallow made two trips to Pelican Hill that he (Marc Jenson) fully fimded. Marc Jenson AFFIDAVIT FOR SEARCH WARRANT PAGE 13 told Special Agent Jon Isakson that during the trips, Mark Shurtleff apologized for what happened to him (Marc Jenson) and told him that if he had contributed to him (Mark Shurtlefl) before the charges were filed, none of this would have happened. Marc Jenson told Special Agent Jon Isakson that Mark Shurtleff told him that if he would have been a contributor to his campaign, he would never have been in trouble in the first place. Marc enson told Special Agent on Isakson that it was very clear that in exchange for the trips and him introducing Mark Shurtleff and John Swallow to his friends, he would never have problems in the state of Utah again. 35. Marc Jenson explained to Special Agent Jon Isakson that on at least one occasion in the summer of 2009, he (Marc enson) purchased airline tickets for Mark Shurtleff, John Swallow and Timothy Lawson by transferring funds into Timothy Lawson's bank account and having Timothy Lawson purchase the tickets. Marc Jenson explained that Timothy Lawson told Marc Jenson that the purchase had to be done that way to keep the trip secret. Marc Jenson's personal assistant, Peter Torres, booked the airfare for Timothy Lawson and sent an e-mail confirmation to Timothy Lawson's ful1nester@yahoo.com account. Timothy Lawson replied to Peter Torres' e--mail on April 23, 2009 from the same e-mail account. At the bottom of the e-mail, Timothy Lawson included his e-mail account of adgillc@gmail.com as part of his signature. In the body of the e-mail, Timothy Lawson said "Thanks again for everything bro." Timothy Lawson e-mailed his bank account information to Peter Torres on August 28, 2009. This e-mail was sent from Timothy Lawson's "Apple Dumpling Gang" e-mail account, adgillc@gmail.com and included an attachment with bank wire instructions. In the body of the e-mail, Timothy Lawson told Peter Torres, "Hey bro, I hadto close my adgi account because of all the bounced checks Here is a clean account. If you have any questions let me know bro, and as usual, I got your back and believe in you 100% According to Utah Department of Commerce records, Timothy Lawson is the Registered Agent and incorporator of the business Apple Dumpling Gang Investments. 36. According to filed court documents and statements made by Edward Jeffrey Donner, in or about October of 2007, Edward Donner of Fort Collins, Colorado was introduced to Marc enson and his brother Stephen enson who were seeking investors in the Mount Holly project which was presented to be a private ski and golf resort in Beaver County, Utah. Between December 21, 2007 and December 28, 2007, Edward Donner invested $1,500,000 in the Mount Holly Project based on the information Marc Jenson and Stephen enson provided him. Marc enson and Stephen enson were later charged in 2011 in the Third District Court in Salt Lake City with the crimes of Communications Fraud and Money Laundering in relation to the investment of Edward Donner. The charges were filed by Assistant Attorney General Che Arguello of the Utah Attomey General's Office. 37. According to documents provided by and statements made by Edward Donner, in about January of 2009, Edward Donner engaged the law firm Holland Hart AFFIDAVIT FOR SEARCH WARRANT PAGE 14 LLP in hopes of recouping his $1,500,000 from the Mount Holly project. In or about February and March of 2009, Timothy Lawson began contacting Edward Donner in response to Edward Donner's engagement of legal counsel with intent to prevent him from pursuing things criminally or civilly. Timothy Lawson did this through the use of email, text message, and telephone. Timothy Lawson told Edward Donner that Mark Shurtleff brings him in to solve tough problems and said that he and Mark Shurtleff were real tight Edward Donner refused to deal with Timothy Lawson. 38. According to documents provided by and statements made by Edward Donner, on March 24, 2009, Timothy Lawson sent a message to Tim Bell that was intended for Tim Bell and Edward Donner. The subject line read "Re: Thoughts for Tim Bell and Dr. Donner", and the message read "If Dr. Donner has any questions that I am capable of resolving these financial issues that he is involved with on the Mount Holly project he is more than welcome to email the AG [Shurtleff] and I am sure that he will verify that I am the real deal. . . . I was brought in to help resolve some of these issues by a distant mutual fi'iend and the AG. . . . You and Dr. Donner let me know what your decision is either way. Here is the Attorney General's email address. Feel free to contact him. Mark Shurtleff Keeping the Tropics Tropical! Timothy W. Lawson C.E.0. tim@slipstreamintemational.com adgillc@gmail.com" 39. The next day, on March 25, 2009, Timothy Lawson sent an email to Edward Donner again proposing that he not use the court system. Timothy Lawson wrote, have no doubt that AG Shurtleff will tell you that I am honest, forthright, direct and a general pain in the butt. However, I'm a great friend to have in the foxhole when all heck breaks loose. 'Keeping the Tropics Tropical! 40. According to information provided by Edward Donner, on or about March 25, 2009, Timothy Lawson sent Edward Donner a text message that read "Dr donner I am very disappointed in u. 1" ur lawyer made accusations that I said I was reprenting the AG's office then insult the AG by trying to tell how to Do his job. I find ur arrogance childish emotional. I offered to help but must know better. Good luck without me ill help thse humble enough to be honest! I have better people to associate with then Dr.'s with a self esteem complex to over compensate for inadequatceys in other parts of their lives!" The text message was sent from telephone number (801)687-5151. 41. According to information provided by Edward Donner, in or about December of 2009, Timothy Lawson left Edward Donner a voice mail message. Part of the message said "You can a continue to run around and talk to people and threaten people and continue to be a dumb ass, or you can pick up the phone and call me, and we can sit down and talk like men and get this resolved once and for all. Just so you know, a, if you continue to call and cause problems, th.is, that, and the other, I've got documentation and evidence of your illegal activities of billing in the state of Colorado. I have an Information that I can submit to the Attomey General of uh of Colorado in regards to that. So, do me a favor, stop causing problems and just call me and we'll sit down and AFFIDAVIT FOR SEARCH WARRANT PAGE 15 talk and see what we can do about getting some of your money back or all bets are off. How does that sound? You might think I'm crazy, but I'm honest. So if you prefer, have your lawyer call me. Either way, I'm good, but you'll never get any money back unless you go through me, and that doesn't, if that's not clear enough for you, I'll write it down for of this God complex, I'm a doctor, and so I know better than anybody else or anything like that, a, you talk to me straight and you be honest with me, and you don't go behind my back and insult a, insult the integrity of my friends and that type of stuff like the Attorney General etc. And I'm real easy to deal with, so I'll look forward to talking to you soon. My number is (801)687-5151 42. According to a financial ledger provided to your affiant by Scott Reed, from about January 30, 2009 through about November 20, 2009, Marc enson paid Timothy Lawson over $120,000 in about 18 separate payments. The financial ledger was prepared by Special Agent Steve Sperry of the Utah Attomey Genera1's Office from bank records obtained by the Utah Attorney General's Office as part of their prosecution of Marc Jenson. 43. An email dated September 23, 2009 was from Scott Reed to Kirk Torgenen using their state email accounts. The email read "Do you remember whether the Attomey general was in California around the first part of May? I just got off the phone with Morty Elbling, who says that Tim Lawson says that the AG met with Mark Jenson in California around Cinco de Mayo, and that Lawson was there with him when the meeting occurred. This would be a different meeting than the one we know about in June where the AG went to church and had lunch with enson. This coincides with Mark's directive to put a bunch of Mounty Holly complaints on a fast track, involving Steve Jenson and others, who were claiming to have been bilked by some very bad men out of New York. Mark put out those complaints on May 8, arguably after his meeting with Jenson and Lawson and getting an earful about Mt. Holly and probably saying something like 'put it in writing and I'll give it to my investigators, and in the meantime I'll call my good friend AG Cuomo in New York and get something going for you.' Interesting if true. Whether it's true or not, Channel 5 has it, which means that everybody who cares has it too, and it will come out sometime during the campaign. 44. According to statements made by Darl McBride to your affiant and filed court documents, on or about March 26, 2009, a civil lawsuit was filed against Alison Robbins in the Third District Court in Salt Lake City by Darl McBride regarding a $105,000 check that was returned for insufficient funds. Mark Robbins and Alison Robbins had fled to California, and their exact location was not known. Darl McBride told Special Agent Jon Isakson that he had made two loans of $100,000 each to Mark Robbins who promised to repay them, and the $105,000 check was repayment for the second loan. Darl McBride told your affiant that Mark Robbins had promised him a job to run operations for him at Mark Robbins' company AIP. Darl McBride told your affiant that Mark Robbins told him that his base salary was to be $500,000 with $1,500,000 in bonuses. AFFIDAVIT FOR SEARCH WARRANT PAGE 16 45. According to statements made by Darl McBride to your afiiant, he created a website called Skyline Cowboy for the purpose of offering a reward for information about the whereabouts of Mark Robbins, so he could have lawsuit paperwork served. According to Skyline Cowboy site, Darl McBride posted many items about Mark Robbins not appearing for court, having a warrant out for his arrest, being the subject of a lawsuit, and being sought by the police. Darl McBride provided information to KSL News regarding Terry Diehl and Mark Robbins' involvement in the UTA situation. Before the Skyline Cowboy website went up and immediately after the KSL News story broke, Timothy Lawson called Darl McBride. Timothy Lawson told Darl McBride that he has been talking to Mark Shurtleff and that Mark Shurtleff wanted him (Darl McBride) to back off of Mark Robbins and that he was speaking in behalf of Mark Shurtleff. Darl McBride told Timothy Lawson that he was not going to back off, and he put up the Skyline Cowboy website with a link to the KSL News story. 46. According to statements made by Darl McBride to your affiant, Timothy Lawson called him again using foul and abusive language telling him to take the Skyline Cowboy website down. Timothy Lawson told Darl McBride that if he did not back off of Mark Robbins and take the website down, he would be sitting in jail for a long time because Mark Shurtleff had things on him. Timothy Lawson told Darl McBride that he did not know who he was dealing with. Timothy Lawson told Darl McBride that he was Porter Rockwell for Mark Shurtleff and takes care of things for Mark Shurtleff like Porter Rockwell did. Timothy Lawson told Darl McBride that he was dealing with the wrong guy who has guns and Polynesian friends who like to bust people up. Timothy Lawson told Darl McBride that he spoke with Mark Shurtleff who said that those three things would happen if he did not back off. Darl McBride received those telephone calls from Timothy Lawson while in Salt Lake County. 47. According to statements made by Darl McBride to your affiant, about two weeks later, Mark Shurtleffcalled him and told him he wanted to meet with him at Mimi's Cafe'. on State Street in Sandy City. Mark Shurtleff and Darl McBride met there on about May 8, 2009, and the meeting was audio recorded by Darl McBride. Darl McBride provided a copy of the recording to the Federal Bureau of Investigation, and your affiant listened to the recording. The recording revealed that during the meeting, Mark Shurtleff told Darl McBride that Timothy Lawson was a friend who me met while running for Attomey General. Mark Shurtleff acknowledged that he knew that Timothy Lawson uses his name and tells people that he represents the Attorney General. Mark Shurtleff told Darl McBride "He'll use me for different things". 48. The recording revealed that during the meeting, Mark Shurtleff told Darl McBride that he first knew of Mark Robbins during the prosecution of Marc Jenson. Mark Shurtleff told Darl McBride that Marc Jenson was always arguing that Mark Robbins was real bad guy preventing him from paying people back. Mark Shurtleff told Darl McBride that Timothy Lawson had introduced him to people who became AFFIDAVIT FOR SEARCH WARRANT PAGE 17 contributors to his campaign. Mark Shurtleff' told Darl McBride that the Skyline Cowboy website was "pretty harsh" and was worried that Mark Robbins couldn't get any deals done if people saw that website. Mark Shurtleff acknowledged that what Mark Robbins was doing was a Ponzi scheme. 49. The recording revealed that during the meeting, Mark Shurtlefi' asked Darl McBride "What can I do?" Darl McBride told Mark Shurtleff that he needed $2,000,000, and Mark Shurtleff asked Darl McBride if he knew Marc Jenson. Mark Shurtleff told Darl McBride that that he believed that Mark Robbins was not good for it and believed that Marc Jenson was. Mark Shurtleff offered to make a call to either Mark Robbins or Marc Jenson to see if he could help out. Mark Shurtleff told Darl McBride "But you got your money, you got to promise us there can't be anything else from you. You know, it's just straight up." Darl McBride told your affiant that months after that meeting, Timothy Lawson sent him a text message that said that he was messing with the 12"' richest man in the world and said in capital letters ARE GOING Marc Jenson told your affiant that he, Mark Shurtleff, and John Swallow met together in California. Marc Jenson told your affiant that Mark Shurtleff told him that he needed to give $2,000,000 to Timothy Lawson for Timothy Lawson to give to Darl McBride because that was how much it would take to get Darl McBride to back off of Mark Robbins. Marc Jenson told your affiant that John Swallow was nodding his head during the conversation. Marc enson told your affiant that he had been involved in business dealings with Mark Robbins, and Mark Robbins owed him money. 50. In or about May of 20 12, Scott Reed and Kirk Torgensen requested that the Utah Department of Public Safety State Bureau of Investigation investigate the activities of Timothy Lawson as a conflict case because of Timothy Lawson and Mark Shurtleffs close friendship. Your affiant was assigned that investigation. Kirk Torgensen tried to keep control of the case by telling your affiant to bring the case back to the Utah Attorney General's Office for prosecution after the investigation was complete. 51. On or about February 14, 2013, your affiant attended a meeting with Scott Reed, Kirk Torgensen, Ken Wallentine, and others regarding the investigation of Timothy Lawson. During that meeting, it was made clear to Scott Reed, Kirk Torgensen, and Ken Wallentine that Mark Shurtleff was also being investigated for possible criminal acts. 52. On or about March 1, 2013, Kirk Torgensen told your affiant that Timothy Lawson had called him wanting a call back. Kirk Torgensen agreed to call Timothy Lawson in your affiant's presence and record the conversation. Kirk Torgensen called your afiant from telephone number (801)558-7627. On or about March 4, 2013, your affiant met with Kirk Torgensen at the Utah Attorney General's Office in Murray City. Kirk Torgensen took a note out of his pocket that had the number (801)687-5151 written AFFIDAVIT FOR SEARCH WARRANT PAGE 18 on it. Kirk Torgensen called Timothy Lawson using his cellular telephone, and Timothy Lawson answered. 53. Timothy Lawson told Kirk Torgensen "Mark Mark Mark called me and he's like dude, you okay? I said why? Well Kirk called me and he's all stressed, but he wants to talk about John (Swallow). Good hell dude. That's the last thing I want to talk about. I'm so far out of that industry now." Timothy Lawson also told Kirk Torgensen "You'd be surprised. I I just I know a lot of people and I I'm a facilitator, and so if there's a problem I make the couple of phone calls and I out what needed what needed to be done or what's going on and a just about anybody I can make a few phone calls and out about anybody that I wanted to. . Timothy Lawson made false statements to Kirk Torgensen regarding the trip to the Pelican Hill Resort. Timothy Lawson told Kirk Torgensen that the trip to the Pelican Hill Resort had nothing to do with Marc Jenson. Timothy Lawson told Kirk Torgensen that they traveled there to have break, and they saw Marc Jenson once out at the pool and said 54. During the conversation between Timothy Lawson and Kirk Torgensen, Timothy Lawson said "All of this stuff with a Jeremy Johnson, I mean, I was the one who that introduced them all, a long time ago, and Jeremy's been a friend of mine for a long time back, but the Jeremy that I knew, right, was a a guy that um, he got beat up all the time at high school. He was protected by a good buddy of mine's brother, little brother, a, who's a martial arts expert, and he used to protect Jeremy Johnson. He was the class nerd that he was always get stuck in the, you know, the toilets and all, you know and the lockers and stuff like that. The Jeremy Johnson I knew was a multi-millionaire that that spent hundreds of thousands of dollars a day flying a supplies back and forth to Haiti, a whether he is a bad guy or not, I I don't know." 55. Kirk Torgensen told your affiant that when Timothy Lawson left him the voicemail message, he sent a text message to Mark Shurtleff because he (Kirk Torgensen) was "pissed oft". Kirk Torgensen told your affiant that he sent that text message to Mark Shurtleff over the past weekend. Kirk Torgensen told your affiant that he told Mark Shurtleff in the text message that Timothy Lawson had left him a message, that Timothy Lawson wanted him to talk, and that he did not want to call Timothy Lawson back. Kirk Torgensen told your affiant that Mark Shurtleff did not respond to his text message. Kirk Torgensen told your affiant that Mark Shurtleff' current telephone number is (801)441-9625, and that was the number he sent the text message to. Kirk Torgensen told your affiant that Mark Shurtleff' previous telephone number was (801)558-9625. Your affiant asked Kirk Torgensen to provide the text message conversations he had with Timothy Lawson and Mark Shurtleff'. Kirk Torgensen provided screen shots of the text message conversation he had with Timothy Lawson but not the conversation he had with Mark Shurtleff. The screen shots of the text message conversation between Kirk Torgensen and Timothy Lawson appeared to be incomplete as AFFIDAVIT FOR SEARCH WARRANT PAGE 19 if some messages had been deleted. The screen shots also show that the text messages were sent via the "iMessage" service. 56. Assistant Attorney General Che Arguello told your affiant that he was assigned to prosecute the case against Marc enson regarding the Mount Holly project and had filed charges against Marc Jenson. Che Arguello told your affiant that he went to Kirk Torgensen about two weeks later telling him that there were conflicts of interest because of the relationship between Mark Shurtleff and Marc Jenson. Che Arguello told your affiant that Kirk Torgensen told him that Mark Shurtleff had received a letter at his house from Marc enson who was in prison. 57. Che Arguello provided emails regarding that letter including emails from him (Che Arguello) to Kirk Torgensen and Scott Reed explaining that he needed that original letter and the envelope in came in. One of the emails was from Kirk Torgensen to Che Arguello that was a forward of an email from Mark Shurtlefi' to Kirk Torgensen. The email was dated February 8, 2012, and it read asked M'Liss to hunt around but I'm pretty sure I tossed it. The only thing he says that might be a concern is did you a favor when you needed help and I'm asking for one in retum, please come visit me.' I'm sure he is suggesting the 'favor' was the visit to CA that Tim told me he paid for. He complained about how hard this is on his wife and daughter and protested that he really is a 'good 58. Your affiant obtained reports from Special Agent Steve Sperry of the Utah Attorney General's Office regarding Marc Jenson. According to the reports, Tim Bell invested over $500,000 in the Mount Holly project after speaking with Marc Jenson. According to the reports, Tim Bell introduced other individuals to the Mount Holly project including Edward Donner, and Marc enson had promised him (Tim Bell) credit toward a $1,500,000 membership in the Mount Holly Club if he invested money and found other investors. According to filed court documents, Tim Bell's involvement in the Mount Holly project including some of the information contained in Special Agent Steve Sperry's reports was documented in the criminal Information that was filed against Marc Jenson and Stephen Jenson. 59. Tim Bell has had other significant involvement with the Utah Attomey General's Office that has had significant media exposure. According to filed court documents, Tim Bell and his wife Jennifer Bell filed, through their attomeys including Abraham Bates, a Complaint in the Third District Court in Salt Lake County against Bank, Bank of America, ReconTrust Company, and others regarding the foreclosure of their house in Salt Lake County, Utah. The Complaint was filed in March of 201 1. Tim Bell and Jemiifer Bell stated in the Complaint that ReconTrust Company lacked authority under Utah law to conduct a foreclosure stating that ReconTrust Company was not a member of the Utah State Bar or licensed under Utah's Insurance Code as a title insurance company which is required by Utah law. According to the AFFIDAVIT FOR SEARCH WARRANT PAGE 20 Complaint, all fifty state's Attorneys General have joined in an investigation into the standard operating foreclosure procedures of the nation's major mortgage lending institutions. 60. An article written by Tom Harvey regarding Tim Bell and Jennifer Bell's lawsuit was published in the Salt Lake Tribune on January 3, 2013. According to the article, just days before Mark Shurtlefi' left office, he reversed the state's position and personally signed on to a settlement in the foreclosure lawsuit that Bank of America appeared to be losing. According to the article, Abraham Bates claimed that the effect of Mark Shurtlefl' actions weakened the state's ability to enforce state law and also weakened the state's position in other lawsuits challenging foreclosures carried out by ReconTrust Company, Bank of America's foreclosure arm. According to the article "Members of the Attomey General's Office said Shurtleff' actions blind-sided them, but they declined to comment publicly. The office had previously successfully intervened in the case as a plaintiff and argued that ReconTrust had violated state law in foreclosing on Utah homeowners Timothy and Jennifer Bell. . .Shurtlefi' acknowledged that assistant attorneys general who work on foreclosure matters disagreed with his decision. . .Shurtleff leaves office on Monday and has armounced he'll join the international law firm of Troutman Sanders LLP. On its website, the firm says it _'regularly represents Bank of America". 61. In September of 201 3, Seth Crossley told your affiant that his involvement with John Swallow started for him when he was a student at the University of Utah, and Jason Powers came to speak at an open forum for the political science program. Seth Crossley told your affiant that he started to intern for Jason Powers, and he worked on about a dozen different campaigns for three months. Seth Crossley told your affiant that he was then hired by John Swallow for John Swallow's campaign. Seth Crossley told your affiant that John Swallow took a liking to him, and he served as John Swallow's "handler". Seth Crossley told your affiant that he was John Swallow's "personal assistant" for about one and one half years. Seth Crossley told your affiant was constantly by his side, yeah" with the exception of a few trips. 62. Seth Crossley told your affiant that he did "everything" for John Swallow's campaign including data entry, overseeing intems, organizing fundraisers, doing background checks on potential donors, and more. Seth Crossley told your affiant that he spoke with campaign donors and initiated contact with many of them. Seth Crossley told your affiant that he gave John Swallow and Renae Cowley lists of potential campaign donors, and John Swallow and Renae Cowley would tell him who they did not want him to contact. Seth Crossley told your affiant that John Swallow had the final say on who he should contact, and he would contact potential donors without John Swallow knowing if Renae Cowley or Jason Powers gave him the go ahead. Seth Crossley told your affiant regarding Renae Cowley "I'm sure" she has committed crimes regarding the campaign. AFFIDAVIT FOR SEARCH WARRANT PAGE 21 Seth Crossley told your affiant just think she's accepted things on behalf, not money, but I think she's accepted gifts." 63. Seth Crossley told your affiant "We were big in telemarketing", referring to who the John Swallow campaign would seek donations fiom. Seth Crossley told your affiant that he worked in the telemarketing industry in the past including working for Rob Stahura. Seth Crossley told your affiant that John Swallow called Rob Stahura a friend, and Rob Stahura got all of his friends to donate to John Swallow's campaign. Seth Crossley told your affiant that Rob Stahura was a "big help" in raising funds. Seth Crossley told your aff1ant"I told, I asked John (Swallow) and Renae (Cowley), and a I don't, I don't think I, we ever talked to Jason (Powers), but I told them that I didn't want to get money from these guys. It wasn't necessary to win the race. It's just a horrible corrupt industry, and it is because I've seen it firsthand. I've conned, I've conned people out of money, and I had a hard time sleeping. That's why I left that industry." Seth Crossley told your affiant that John Swallow had the final say on everything and was very "hands on". 64. Seth Crossley told your affiant that Corie Chan was the accountant for the campaign who handled the campaign funds. Seth Crossley explained to your afiiant that he was directly involved in fiindraising activities for the campaign. Seth Crossley gave your affiant access to his Gmail email account. Seth Crossley's email account contained many emails from Corie Chan regarding donations that had been received including attachments of copies of the checks. Seth Crossley told your affiant that on more than one occasion, he drove John Swallow to Richard Rawle's office in Provo City, Utah. Seth Crossley told your affiant that Richard Rawle was the "Check City guy". Seth Crossley told your affiant "There were a few times where I would drop John off at that guy's office, and he (John Swallow) would just have me go get lunch. He he didn't want me there for any kind of meeting." Seth Crossly told your affiant that Richard Rawle's office was in Provo at the river bottoms. Seth Crossley told your affiant that those meetings were short, and he did not know why John Swallow did not want him there. Seth Crossley told your affiant "It was just one of those don't ask don't tell." 65. Seth Crossley told your affiant that he was in charge of a large fundraiser that was put on by Tim Bell. Seth Crossley told your affiant that Tim Bell is a "really good friend of mine", and Tim Bell had some case that involved the Attorney General's Office. Seth Crossley told your affiant that Tim Bell's case was not found out about that until the day of the fundraiser. Seth Crossley told your affiant that they (Seth Crossley and John Swallow) were at the fundraiser when John Swallow found out, and John Swallow's eyes lit up. Seth Crossley told your affiant that he thought it was fine because the case involved Tim Bell's mortgage and had nothing to do with John Swallow at all. Seth Crossley told your affiant that the case was being investigated by the Attorney General's Office, and the case was big in the state of Utah. Seth Crossley told your affiant that they gave all of Tim Bell's money back, and they didn't take any money from Tim Bell. Seth Crossley told your affiant that the amount of money donated by Tim Bell that was AFFIDAVIT FOR SEARCH WARRANT PAGE 22 returned was about $25,000, and John Swallow was "scared of that one", referring to Tim Bell. Seth Crossley told your affiant money was taken fiom other donors at the Tim Bell fundraiser; money was taken from Tim Bell's father, and money was taken from other Bells. 66. Seth Crossley told your affiant that Marc enson was the guy who "screwed" his fiiend Tim Bell out of a lot of money. Seth Crossley told your afiiant that John Swallow spoke about Marc enson a little, and the reason Tim Bell contacted him (Seth Crossley) and wanted to throw a fundraiser was because Tim Bell wanted to thank John Swallow and the Attomey General's Office for helping put the guy (Marc enson) who did really bad things to him (Tim Bell) injail. Seth Crossley told your affiant that he knew that they (Tim Bell and John Swallow) had conversations about it. Seth Crossley told your afliant that Tim Bell was appreciative and talked about his case, his involvement with the Attomey General's Office, and how great it was. 67. Seth Crossley told your affiant that Tim Bell and John Swallow had two meetings before the fundraiser, and the discussion regarding Marc enson and Tim Bell's appreciation, occurred at one of those meetings. Seth Crossley told your affiant that discussion was between Tim Bell and John Swallow. Seth Crossley told your affiant that he did not know if John Swallow was involved in Marc Jenson's prosecution and thought it was "odd" that Tim Bell was so appreciative of John Swallow. According to the invitation Seth Crossley provided your affiant, the Tim Bell fundraiser took place on August 17, 2012 at Tim Bell's residence in Salt Lake County, Utah. According to the Utah Department of Commerce, Tim Bell is the Registered Agent of Bellmed Resources LLC located at 4 West Dry Creek Circle, Suite 131 Littleton, Colorado 80120. 68. Seth Crossley told your affiant that he is part of shared drives (Google Drive) on his Google account. Seth told your affiant that if he alters something on those drives, the people he shares them with can see what he has done. Seth told your affiant that is why it is surprising that the people he shares them with haven't taken him off of the shared drives. Seth told your affiant that if anyone knew someone was talking to him, the people he shared the drives with would have taken him off. According to emails that Seth Crossley gave your affiant access to in his Gmail email account, Google Docs documents were shared between and 69. An email dated May 24, 2013, was from "Jason Powers and it was sent to "Corie Chan It was copied to "John Swallow The subject line read "Bell Med Contribution Refund", and the message read "Corie, Please cut a refund check for the following in-kind contribution, but do not send it yet until John gives the go ahead. 8/26/2012 Bell Med 4 AFFIDAVIT FOR SEARCH WARRASNT PAGE 23 W. Dry Creek Cir. #130, Littleton, CO 80120 --Jason Mobile: 425.941.5000 Skype: jasoncpowers". 70. An email dated June 1, 2012, was from "John Swallow and it was sent to "jason Powers Powers The subject line read "Article", and the message read "If we give a quote or go to the air I think our three points are: This is a people's office and we will meet with the public to make sure we understand all sides of a problem. That's been Marks policy, it will be mine. Paul Cassell of the and former Federal Judge acknowledges in article that its a nonnal and productive practice. Most states have investigations and enforcement under the AG like we do so well with Secure Strike Force and ICAC. I'd like to research and consider moving in that direction in areas of consumer protection and Securities. (From the article, a state fine of $400k was reduced to $3,000). AG is accountable to the people, the legislature and the law. I do not solicit or accept contributions from companies or individuals with state issues, nor did I in this case." 71. Seth Crossley told your affiant that he was present when Jeremy Johnson and John Swallow spoke inside the Krispy Kreme donut shop in Orem, Utah on April 30, 2012. That conversation was audio recorded by Jeremy Johnson. The conversation was transcribed by the Salt Lake Tribune, and part of the conversation was regarding John Swallow's use of Jeremy ohnson's luxury houseboat on Lake Powell in about May of 2010. According to the transcription, John Swallow asked Jeremy Johnson "Do they know about the houseboat?" and "Is there any paper trail on that?" According to the transcription, Jeremy Johnson told John Swallow "There's no paper trail on the houseboat. Nobody knows about it". According to the transcription, John Swallow said "There' no email, there's and Jeremy Johnson said "No emails on the thing" and "and, no, my wife doesn't even know you were there." 72. According to filed court documents, in about December of 2010, the Federal Trade Commission filed a Complaint against Jeremy ohnson, several of his employees, his company I Works Inc., the company Elite Debit Inc., and other entities and individuals for violations of federal law relating to their actions in connection with the marketing and sale of Internet-based information products and services. The Complaint was filed in the United States District Court in Nevada. In June of 201 1, an Indictment was filed in the United States District Court in Utah that charged Jeremy Johnson with Mail Fraud relating to his actions involving I Works. 73. Jeremy Johnson has alleged in the news media and or to law enforcement that he consulted with John Swallow and Mark Shurtlefi regarding his I Works operation and was told by them that nothing was wrong. Jeremy Johnson has alleged that he consulted with John Swallow about the legalities regarding the processing of gambling money through his (Jeremy Johnson's) bank Sun First Bank located in St. George, Utah. AFFIDAVIT FOR SEARCH WARRASNT PAGE 24 74. An email dated March 4, 2010 was sent to and it was sent fiom The message read "Please take a look at this. We would like you to deliver this to the Utah AG and request that he meet next week T-W or Th, with me and the Executive Director of the Poker Players Alliance (John Pappas) who he already knows." An email dated March 8, 2010 from Jeremy Johnson to "john.swallow1@me.com" read "Any progress on his opinion? Did you think I can come up and meet with Mark about it next week?" John Swallow replied "Mark and I met today and we discussed it and he read it like I did. Can I call you tomorrow and we can talk about it? Utah law is less lenient than federal law. But I have some ideas that should help. Let's talk tomorrow." 75. An email dated July 4, 2010 was sent to and it was from The message read "The question here is is there a Utah law that prohibits the processing of Poker transactions for persons in other states and countries aside from Utah? We have decied that the law is unclear on if Poker is legal to play online if you are residing in Utah so we are blocking transactions from anyone in Utah but we still think it is legal to process the transactions for other states and countries. Let me know your thoughts. Jeremy". John Swallow replied "Jeremy, I am not aware of any such law in Utah to prohibit what you are doing. I'll have one of our assistant Attorneys General look into it tomorrow. Let's talk tomorrow." 76. According to filed court documents, Raymond Bitar, Chad Elie, and others were indicted on about April 14, 2011 for Unlawful Intemet Gambling Enforcement Act Conspiracy, Operation of an Illegal Gambling Business, Conspiracy to Commit Bank and Wire Fraud, and Money Laundering Conspiracy in the United States District Court for the Southem District of New York. The Superseding Indictment explained that on or about December 14, 2009, Sun First Bank began processing payments for PokerStars and Full Tilt Poker, and Sun First Bank processed over $200,000,000 of payments for PokerStars and Full Tilt Poker through about November 9, 2010. 77. Jeremy Johnson has alleged that in 2010, John Swallow brokered a deal between him (Jeremy Johnson) and Richard Rawle, the owner of the payday loan company Check City (Sofiwise Inc.), to enlist Richard Rawle to use his influence to get Nevada Senator Harry Reid involved on behalf of Jeremy Johnson and I Works, Jeremy Johnson's Intemet marketing company that was under investigation by the Federal Trade Commission. John Swallow has admitted in the news media that Jeremy Johnson approached him in 2010 and sought help to hire a lobbyist to deal with his Federal Trade Commission issues. 78. According to campaign donation records, Jeremy Johnson, his business partners, and family members were political donors, having given more than $200,000 in campaign contributions to then Utah Attomey General Mark Shurtleff starting in 2008 while John Swallow served as Mark Shurtleffs lead fundraiser. Jeremy Johnson also AFFIDAVIT FOR SEARCH WARRANT PAGE 25 supported charities and Attomey General's Office initiatives in which Mark Shurtlefi" was involved. Jeremy Johnson flew Mark Shurtleff on his private jet to a fundraiser in California. Photographs that can easily be found on the lntemet show Jeremy Johnson and Mark Shurtleff sitting together in Jeremy Johnson's yellow Lamborghini sports car that is parked in fi'ont of a jet, Jeremy Johnson and Mark Shurtleff sitting together inside a jet, and Jeremy Johnson and Mark Shuitleff standing together in fiont of a helicopter . 79. Jeremy Johnson has alleged that John Swallow suggested that Senator Harry Reid could make problems with the Federal Trade Commission go away for a price. Jeremy Johnson has alleged that John Swallow was adamant he make a deal. Jeremy Johnson has been quoted as saying think he told me, Richard Rawle has a connection with Harry Reid". Jeremy Johnson has alleged that John Swallow at first wanted $2,000,000 to enlist Senator Harry Reid's help, but I Works was no longer profitable and Jeremy Johnson did not have the money. 80. Jeremy Johnson has alleged that he and John Swallow eventually agreed on $300,000 upfront and $300,000 later and John Swallow put Jeremy Johnson in contact with Richard Rawle, whose company had operations in Nevada. Richard Rawle had given generously to Swallow's failed congressional bids and hired Swallow as Check City '5 lobbyist and in-house legal counsel, a position Swallow held until he became Chief Deputy Attomey General in December 2009. Bank records obtained by the Federal Bureau of Investigation show that Jeremy Johnson sent $50,000 on or about November 2, 2010 and $200,015 on or about December 2, 2010 to a company owned by Richard Rawle called RM.R Consulting. The bank records also show that Richard Rawle gave a company owned by John Swallow called P-Solutions $8,500 on or about November 26, 2010 and $15,000 on or about April 12, 2011. 81. An email dated June 29, 2011 was from "John Swallow and it was to It was copied to "Richard Rawle", and the subject line read "Campaign". The message read in part "Kip: Here are some things you might say about my candidacy for AG: 1. I am currently the Chief Deputy AG for Utah. As the number 2 person in the office, I am leading out on many of the premier issues in the state. I am on TV, radio and in the printed media. 2. I have served 3 terms in the State legislature and have secured the nomination on the Republican ticket for Congress twice, narrowly losing to the better known incumbent. The important thing about that is that I know how to win the nomination and this race for AG will be all about the nomination. The Republican nominee will win this statewide race by a 30 point margin. 3. As AG, 1 will be in a position to help other AGs understand the importance of the cash advance industry. With the passage of the Dodd Frank bill, the CFPB was created, giving far reaching power to the State AGs. This industry will be the focus of the CFPB unless a group of AG's goes to bat for the indusuy. I am ready and willing to help lead out on that, and having worked with the Utah Association and also in Montana and Wyoming, 1 well understand and can help create a critical mass of AFFIDAVIT FOR SEARCH WARRANT PAGE 26 support among the conservative AGs. I have already presented on a panel before AG's on the CFPB issue. 4. I have assembled the very best team in the State, and so far, no one of note has jumped into the race. I will be the clear fiont runner the moment I announce, which I am going to strategically delay for as long as possible. I would like to raise as much as possible in the third and fourth quarters this year so my year end numbers look strong, to discourage others from jumping in and to dry up support for others. 6. My campaign budget will be $1.1 million. I have already raised more than $100k. I hope to raise $100k fi'om the industry in 2011, and the OLA have committed to raise me of that in the third quarter, and that much again early next year. 7. As much as possible, I would like to raise money from companies and individuals not tied to payday, so I do not make this a payday race. So if people you know have another company that does not do payday, so much the better. The non-payday money needs to go to the 'Protect Utah The Payday money needs to go to the 'Utah Prosperity Foundation.' Please do not forward this email. Thanks for your help. John". 82. On or about November 12, 2013, Mark Shurtleff was interviewed by reporters from the Salt Lake Tribune on the news program Trib Talk. Mark Shurtleff said "No" he never was asked for an opinion on whether Sun First Bank poker payments were legal. Mark Shurtleff was asked about specific communications with Jeremy Johnson or other Sun First Bank officers regarding on line poker payments, and Mark Shurtleff said never spoke with Jeremy Johnson or any Sun Trust officials. I didn't even know who they were until a a later many years, months or years later a when arrests were made, so I don't, I never spoke with any of those folks about online 83. On or about November 9, 2012, Mark Shurtleff provided an email to Special Agent Isakson regarding Jeremy Johnson. The email was dated November 6, 2012, and it was from "Jeremy Johnson It was sent to and the subject line read "Tolling Agreement". The message read "Mark, I have a claim against the Utah Department of Financial Institutions which I must file first of next week because if the statute oflimitations. In 2009 regulators in the department demanded that Sunfirst Bank raise more Tier 1 capital. Representatives from Sunfirst contacted meand asked me to invest in the bank. I agreed on the condition that we would be able to process checks at the bank. Managers at the bank sent all the infonnation about our processing to the bank regulators at the department of financial institutions for their approval. The bank got back a positive response that we were good to go on the processing, which was passed along to me. Because ofthis I invested a significant amount into the bank Tier 1 capital as well into a business of processing electronic checks (including for poker). After I made the investment in the bank and after many months of processing the same agents with the department of financial institutions instructed and another bank to discontinue business with me. No reason was given except that I was a "bad guy" and I was about to get slammed by the govemment (this was all well before we were ever sued by the FTC). I have emails related to this as well as one from John about the processing of poker transactions. Obviously this is not a AFFIDAVIT FOR SEARCH WARRANT PAGE 27 good time to file something like this so I am requesting that your office sign a tolling agreement. Let me know your thoughts. I am still working on the affidavits we talked about the other day and should have them all shortly. Thanks, Jeremy". Mark Shurtleff told Special Agent Isakson that he did not respond to Jeremy obnson's email and was offended by it. 84. A confidential source (CS) who has provided his/her identity to your affiant told your affiant that he/she worked for Jason Powers at Guidant Strategies on the John Swallow Campaign and was originally hired by Jason Powers in 2009. The CS told your affiant that John Swallow received campaign donations through the use of PACs (Political Action Committees). The CS explained to your affiant that he/she was directly involved in fundraising activities and the directing of campaign donations into specific entities including the PACs. The CS told your affiant that he/she was originally hired by Jason Powers to work for the Club for Growth PAC in Mark Shurt1eff's campaign for United States Senate against Senator Bob Bennett. The CS told your affiant that he/she was a paid employee of Guidant Strategies getting paid by the hour, and Jason Powers received a commission of between 15 or 20 percent of the funds be raised. The CS explained that he/she along with Seth Crossley were part of a shared drive on the computer, referring to Google Drive. 85. The CS told your affiant that John Swallow received campaign donations through the Friends of John Swallow PAC (F OJ S), the Protect Utah PAC, and the Utah Prosperity Foundation PAC (UPF), which was a primarily Mark Shurtleff PAC. The CS told your affiant that Mark Shurtleff told him/her that he had over $30,000 in personal credit card debt, and Mark Shurtleff used his debit card from his Mark Shurtleff 2008 campaign account to pay off his personal debt. The CS told your affiant that Mark Shurtleff would occasionally callhim/her saying that there was no money in his campaign account and would ask him/her to have the accountant Corie Chan send money from the Utah Prosperity Foundation account to the Mark Shurtleff 2008 account, so Mark Shurtleff could use his debit card. 86. The CS said that due to the bad publicity from the donations to John Swa1low's campaign from call centers and pay day lenders, Jason Powers set up state PACs (Political Action Committees) to raise money and protect John Swallow from bad publicity. The CS told your affiant that things evolved into using a super PAC to protect donors from "blow back" from the federal government and others. The CS told your affiant that Jason Powers ran the campaign. 87. The CS told your affiant that John Swallow used the Protect Utah PAC (PUP) to raise money from call centers and pay day lenders. The CS told your affiant that the pay day lenders donated to the PUP from a holding company or a media company that they owned to make it appear like the money did not come fiom a pay day lender. The AFFIDAVIT FOR SEARCH WARRANT PAGE 28 CS told your affiant that he/she sat with John Swallow while John Swallow made campaign calls to donors off of a list. 88. The CS told your affiant that John Swallow would tell him/her which company could donate to which PAC. The CS told your affiant that in addition to the PUP, Jason Powers set up anoflier PAC with the assistance of an Oklahoma attomey A.J. Ferate (Anthony Joseph Ferate). The CS told your affiant that he/she participated in conference calls in which Anthony erate helped Jason Powers set up a 501(c) (IRS tax exempt entity) called Proper Role of Govemment Education Association (PRGEA). The CS told your affiant that Anthony erate explained how to set up the PAC, so it would be tax exempt. The CS told your affiant that the PAC had to spend at least 51 percent of its funds on non-election activities which can include consulting fees and attorney fees. 89. The CS told your affiant that Jason Powers used money from the PRGEA and put it into the PAC called Proper Role of Govemment Defense Fund The CS told your affiant that money in was used to purchase mailers and pay for advertisements to cause Brad Daw to lose his election campaign to the Utah House of Representatives. The CS explained to your affiant that Brad Daw was sponsoring a bill that was harmful to pay day lenders. 90. The CS told your afiiant that John Swallow and others participated in misleading donors into believing that they were donating to John Swallow when they were in fact donating to a cause which purpose was to cause Brad Daw not to get elected. The CS told your affiant that Jason Powers had a contract with the Utah Consumer Lenders Association (UCLA) which was funded by Richard Rawle. According to the website of the Better Business Bureau, Richard Rawle was a principal irrthe pay day lending company Check City. The CS told your affiant that PRGEA had raised $100,000 from Richard Rawle. 91. The CS told your affiant that funds were taken from PRGEA and sent to the other PACs to avoid disclosing who the donors were. The CS told your affiant that money was sent from PRGEA to the to run ads against Brad Daw without the need to disclose that the funds came from pay day lenders. The CS told your affiant that he/she and John Swallow used the back rooms inside Check City businesses in Salt Lake County on about 20 different occasions to make calls to potential donors. The CS told your affiant that money was sent from PRGEA to another 501 entity in Nevada called Energy Alternatives, and ads supporting John Swallow were coming out of Nevada. 92. The CS told your affiant that the Internal Revenue Service sent a letter to Guidant Strategies requesting PRGEA to qualify its expenses. The CS told your affiant that Jason Powers wanted to send a vague response letter in order to protect his interests. The CS told your affiant that Jason Powers downloaded the Quickbooks records for PRGEA and asked the CS to categorize the expenses. The CS told your affiant that AFFIDAVIT FOR SEARCH WARRANT PAGE 29 he/she, Jason Powers, and Anthony Ferate together participated in making false statements and agreeing to make false statements to the Internal Revenue Service including sending falsified documents because the actual expenditures of PRGEA did not meet the qualifications of the 50l(c) entity. 93. The CS explained to your affiant that he/she believed that the identities of the donors would have needed to be disclosed and that taxes would have needed to be paid if the correct information had been given to the Intemal Revenue Service. The CS told your affiant that the amount of money due in taxes would have been large, and that money had already been spent. The CS told your affiant that the falsified documents included a ledger on which the designations of the expenditures had been purposely listed incorrectly. The CS told your affiant that he/she was with Jason Powers when Jason Powers faxed the response to the Internal Revenue Service which included the falsified documents, and that was done inside Cort Walker's office at the company Softwise/Check City in Provo City, Utah. The CS told your affiant that he/she and Jason Powers finalized things there, and they asked Anthony Ferate to fax the documents also which Anthony erate did do in Oklahoma City, Oklahoma. 94. An email dated August 13, 2012, was sent from "Anthony Ferate and it was sent to "Renae Cowley It was copied to "Jason Powers and others. The email was titled "Super PACs Utilize Secretive Nonprofits to Hide Funding in Pemisylvania, Utah -- OpenSecrets Blogl Opensecrets". The message read "Thanks. I talked to the guy today. Interesting that the only thing he can say is that the c4s MAY be acting improperly. This is why it's important to keep your c4s conducting your primary purposes: the IRS may ask us questions at some point and we will need to have appropriate answers. P.s. I was not aware of the FEC letter to INON, but we will get it filed. The PA group's problem is he keeps firing treasurers. AJF Anthony J. Ferate, JD (202) 486.7211 (cell) Sent from my iPad". 95. An email dated October 12, 2012, was from "Jason Powers and it was sent to "John Swallow The subject line read erate, esq.", and the message read J. FERATE TREASURER, NOW OR NEVER INC Tel.202.486.721l Email: 'Anthony J. Ferate' 96. An email dated October 25, 2012, was from "Jason Powers and it was sent to "Anthony J. Ferate' It was copied to "Renae Cowley and Scott Anderson. The email was titled Ltr. Re: The message read I thought we got a letter from the IRS approving AFFIDAVIT FOR SEARCH WARRANT PAGE 30 tax exempt status for PRGEA. See attached to the contrary. My accountant, Scott, is cc'd -- Jason Tcl.425.941.S000". 97. An email dated November 17, 2012, was from "Anthony Ferate and it was sent to "Renae Cowley The message read "Where are we on the IRS draft due Dec 6? Anthony J. Ferate, JD (202) 486.7211 (cell) Sent from my iPad". Renae Cowley replied have drafted all I can but am waiting on Jason to go through financials. I anticipate fulfilling that Monday." 98. An email dated December 3, 2012, was from and it was sent to "Jason Powers". It was copied to "Anthony J. Ferate", and the subject line read "Re: Updated IRS response". There was no message, and Jason Powers replied to Anthony erate with a copy to Renae Cowley "What are we waiting on? Signature by Malinda and me on a few items. And that's it, right?" 99. An email dated October 25, 2012 was from "Jason Powers and it was sent to "Cort Walker It was copied to "John Swallow The subject line read "$500 donation to Jon Standard for State House", and the message read "Cort, as discussed earlier this week, can you see to a $500 donation going to Jon Standard for State House. Send to: 2236 E. Slate Ridge Dr. St. George, UT 84790 Thanks for the help. Attached is Jon Standard's radio commercial that the donation will help fund the last 10-days of the campaign. -- JasonTel.425.941.5000". 100. An email dated January 13, 2013, was from "John Swallow and it was sent to Steve Grand. It was copied to several individuals including "Jason Powers and The message read completely agree. We need to stay above this. The guy is nuts and i am the AG. The more I respond, the guiltier I appear. Thats the attitude I have here in Califomia today with other AGs. Thanks. John". Based on the other emails in the same string, this message is clearly regarding John Swallow's use of Jeremy Johnson's houseboat. The subject of the email string is "Houseboat", and the emails discuss how to respond to inquiries about John Swallow's use of Jeremy ohnson's houseboat. 101. An email dated December 22, 2012, was fiom "John Swallow and it was to "jason Powers Powers The subject line read "Bonus", and the message read "Jason, did you ever get anything done on the accounting side? Id like to figure out a bonus for you and know how much I owe Guidant." AFFIDAVIT FOR SEARCH WARRANT PAGE 31 102. Seth Crossley gave your affiant access to his Gmail email account. There were numerous emails in the account from Corie Chan regarding donation checks that had been received and other accounting related issues such as bills and other payments. The emails were from the email account 103. Your affiant saw a string of emails in Seth Crossley's Gmail email account that was dated April 11, 2012 and April 12, 2012. The emails were regarding "Feedings" of delegates. Seth Crossley sent an email to Jessica Fawson, Renae Cowley, Jason Powers, and Greg Powers that read "I'm going to try and give a total for every day. Yesterday we had 80 delegates at our feedings. Looking like we'll beat it today!" Greg Powers replied "Feedings? Is this like a delegates are deer and John is a salt lick kind of thing." Seth Crossley replied was thinking more goats and a tin can. Not sure if that analogy actually happens outside of cartoons though." Greg Powers replied "Either way, this is great for a weekday. We should be able to do some damage next week if we can average 80 delegates a day in the Salt Lake, Davis and Utah county areas that's nearly 20% of the delegates in those areas. We should be able to put a dent in Sean's support there." Renae Cowley replied "I've seen the bills. More expensive than a salt lick and tin can combined." Jessica Fawson replied "That's the truth!" Seth Crossley replied "77 graced us with their presence yesterday including the infamous cross dresser!" Renae replied "I'm still waiting for a picture of the tranny!" Seth Crossley replied offered a picture of that thing while it was next to me! You declined." Renae Cowley replied "No i didn't, I just said not an 'up the skirt' shot." Jason Powers replied "Take me off this . thread and email send emails to personal accounts. --Jason Tel.425.941.5000". All of the email accounts were Gmail accounts including 104. Your afiiant saw an email in Seth Crossley's Gmail email account that was dated April 20, 2012. It was from "Mark Shurtleff It was sent to "Jason Powers and it read "This totally pisses me off. Please let me take the stage with John and in 15 seconds tell 4,000 delegates that Reyes is a liar, a dirty--tricks politician would be 'Utah's Worst (Or words to that effect.) Mark Mark L. Shurtleff". 105. An email dated November 9, 2012 was to "Abbie Borovatz It was copied to "John Swallow and it was from "Jason Powers The message read "Abbie, It's time to move into closing phase on the campaign. These are the tasks that I have as needing to get done. 1. Notify staff of last day of work, Abbie, 12.31.2012 Debbie, 11.30.2012 Seth, 11.30.2012 AFFIDAVIT FOR SEARCH WARRANT PAGE 32 2. Get small storage unit near ohn's home in Sandy 3. Gather signs from all around the state, clean signs, keep reusable signs. 4. Shutdown office, keep that which is reusable. 5. Move equipment into storage and create a google doc of contents 6. Wipe all computers of sensitive data 7. Organize campaign electronic files and hard files 8. Create lessons learned from campaign 9. Track down all invoices and pay all bills 10. Create budget for next four years and re--election campaign plan. 11. Personal signing of thank you letters by John. 12. Invitations to inauguration. 13. Setup of transition team 14. End of year financial report done by 12.31.2012 and due on 1.10.13 You got anything to add to the list? -- Jason Tel .425.941 .5000". 106. According to filed court documents, charges were filed against Brian Kitts on July 19, 2007 by the Utah Attorney General's Office. The charges included sixteen felony counts of Theft and Securities Fraud. Ajury trial was originally set for April of 2009 and later changed to October of 2009. The jury trial did not take place, and Brian Kitts entered no contest pleas to four felony counts on October 23, 2009. Brian Kitts' case and the fact that he was charged by the Utah Attorney General's Office was discussed in the October 2007 edition of The Sentinel which is the newsletter of the Utah Division of Securities which was posted on the Internet. 107. According to an email from Shelley Exeter to Paul Murphy and Mark Shurtleff that was dated November 18, 2010, Eric Peterson, a reporter for City Weekly had asked some questions of Mark Shurtleff. Shelley Exeter was the Executive Assistant to Mark Shurtleff, and she is currently the Executive Assistant to John Swallow. Paul Murphy is the Director of Communications and Policy for the Utah Attomey General's Office. Shelley Exeter's email contained the questions and Mark Shurtlefl' responses to those questions. One of the questions was "Did Lawson ever speak to you about Brian Kitts?" Mark Shurtleffs response was "No. Your questions are the first time I've ever heard about Brian Kitts. I don't know him. I've never spoken with him and wouldn't know him if I saw him." 108. An email from dated October 23, 2010 was from "Timothy W. Lawson and it was sent to "Mark Shurtleff'. The subject line read "Letting my anger rim". The message said in part never met him, he called me and I told him he was a piece of shit, told him I'd sue him if he lied Every time he brought up your name I refused to say anything other than you're the most honest man I've known. Sorry bro I was venting at him of how much of a piece of cow dung he is and he brought AFFIDAVIT FOR SEARCH WARRANT PAGE 33 up Brian Kits accusing you and me of trying to filter campaign through to you. . .He asked me how you and I met. On the campaign trail when we were both running for oflice. That's it. In between me telling him he was a piece of F'n shit, a liar etc." 109. Mark Shurtleff replied in an email dated October 23, 2010 from his email address of The message read "You've chosen to speak to Eric contrary to my strong advice. He absolutely cannot be trusted. But you of course are fiee to do so. Just please do not copy me on any of your conversations, texts, emails, etc. He showed up in street clothes last night and came into an elegant Fundraiser I was hosting for Child Help to fight against child abuse. Now maybe if he was doing a story on child abuse that MIGHT be acceptable. But he was there to ask about my fiiendship with you. 'when did you meet,' 'what about Pre-paid Legal' etc. I called him what he is, refused to answer his questions and asked them to escort him of premises." 110. In about June of 2013, the Utah House of Representatives voted to create a committee to investigate John Swallow for potential impeachment purposes. The Mintz Group was later hired to conduct the investigation, and subpoena power was given to them. In September of 2013, the Mintz Group served a subpoena to the Utah Attomey General's Office for records, and Mintz Group investigators discovered that a large number of John Swallow's emails are missing from computer servers along with many electronic calendar entries fiom 2009 to 2011. 111. Chris Earl, a Tech Support Specialist in the Utah Attomey General's Office stated in part in a signed written declaration In 2012, the State of Utah changed its email system for State employees from Novell Group Wise to GoogleMail. Initially, the changeover (also known as a "migration") was set to occur in the late Spring or early Summer of 2012. However, the migration was delayed and did not occur until the Fall of that year. 4. Prior to the completion of the migration, on or about July 19, 2012, then Chief Deputy Attomey General Swallow called me and asked me to come to his ofiice. When I came to his ofiice, Chief Deputy Attomey General Swallow informed me that he wanted me to perform a wipe of the data on the hard drives of both his Office Apple desktop computer and his Office Apple laptop computer by the end of the day. He explained that he wanted me to do that to protect confidential information on the machines that members of his Ward had provided him in the course of his duties as a Bishop in the Church of Jesus Christ of Latter Day Saints. At the time he made the request, Chief Deputy Attomey General Swallow appeared nervous and anxious. 5. It is my customary practice, before conducting a wipe of a user's hard drive, to advise the user that data that has not have been stored elsewhere, typically including movies, photos, documents or other media, will not be recoverable after I perform the wipe; I am sure that I followed my customary practice here. And, consistent with my customary practice, before conducting the wipe, I would have made sure that Chief Deputy Attomey General Swallow indicated to me that he was aware that he would not be able to recover data from the wiped hard drives and that he had everything that he needed fiom the hard AFFIDAVIT FOR SEARCH WARRANT PAGE 34 drives. Even if Chief Deputy Attomey General Swallow had not requested that I wipe the hard drives by the end of the day, I still would have performed the wipes pursuant to the standard procedure of the Office's IT department, although I likely would not have done it immediately. 6. During the same meeting in July 2012, it was my impression that Chief Deputy Attomey General Swallow did not intend to take back the Apple desktop and laptop computers after I wiped their hard drives, and he informed me that he did not want the Office to purchase new Apple equipment for him because he still had to compete in the general election for Attomey General and was not sure he would still be in the Office after the election. As a result, I provided Chief Deputy Attomey General Swallow with a Hewlett Packard laptop for his use. . .7. On November 7, 2012, after the general election, I sent Chief Deputy Attomey General Swallow a text message asking if he wanted me to "get [him] 'Mac' ed up again," meaning did he want to replace his Hewlett Packard laptop and Droid mobile phone with new Apple products. A true and correct copy of our chat on that subject is attached as Exhibit 2. In December 2012 and early January 2013, at Chief Deputy Attorney General Swallow's request and on behalf of the Office, I purchased a new set of Apple products for him, including a new iMac desktop computer, MacBook Pro laptop computer, iPhone and iPad to replace the set of devices he previously had used in the Office. The purchase of this equipment was not part of a routine or pre-planned Office replacement or upgrade of equipment but was done because a new Attorney General had been elected and asked for these While I am aware of instances in which data did not transfer from Novell Group Wise to GoogleMail during the migration, I am not aware of any instance, other than the one reported by Attomey General Swallow and described below, in which email was reported missing from GoogleMail and subsequently proved to be missing from Novell Group Wise without explanation. 11. At some point in January 2013, after I had purchased and received Attorney General Swallow's new computers and after press reports regarding alleged misconduct by him had begun to appear in the press, Attorney General Swallow approached me in person and said that he was missing a lot of his email. I believe that Attorney General Swallow said that the missing email was from 2010 but I cannot recall his exact words. He seemed very concemed and asked me what I could do to retrieve it. He also asked me whether he or I had done anything wrong by wiping the hard drives of his old Office Apple computers in July 2012. I responded that it was a routine practice for the IT department to wipe hard drives after a user retumed computer equipment and would no longer be using it and I did not believe it was improper to do 112. The Mintz Group provided your affiant with copies of text messages (SMS messages) between John Swallow and Timothy Lawson and between John Swallow and Kirk Torgensen. On November 14, 2012, a text message was sent from "johneswallow@gmail.com" to "Tim Lawson and it read "Sony for not getting back to you. Im under an office screen where I'm screened by a wall in the Jensen matter. Hope things are going well. Tlianks for the vote AFFIDAVIT FOR SEARCH WARRANT PAGE 35 1 13. On November 14, 2012, a text message was sent fiom "Tim Lawson to "j and it read "Bro I haven't had any contact with him in several years". On November 14, 2012, a text message was sent from "Tim Lawson to and it read "Mark is behind that same screen and he and I still get together". On November 14, 2012, a text message was sent fiom "Tim Lawson to "j and it read "Ps. Your welcome for the vote". On November 14, 2012, a text message was sent from "johneswallow@gmail.com" to "Tim Lawson and it read "Lol. Thanks." 114. On November 15, 2012, a text message was sent from "Tim Lawson to and it read believe you will make the correct decisions as the new AG my brother. I'm behind you all the way". On November 22, 2012, a text message was sent from "Tim Lawson to and it read "Happy Thanksgiving Johnny". On December 25, 2012, a text message was sent from "Tim Lawson to and it read "Hello brother. Merry Christmas. Hope all is well". 115. On December 31, 2012, a text message was sent from "Tim Lawson to and it read "Won't last till 12 so Happy New Year my Brother!" On January 1, 2013, a text message was sent from "j ohneswallow@gmail.com" to "Tim Lawson and it read "Happy New Year." On January 13, 2013, a text message was sent from "Tim Lawson to and it read believe in you bro. I'm sure you didn't do anything wrong!" 116. On January 13, 2013, a text message was sent fiom "Tim Lawson to "j and it read bro always On January 13, 2013, a text message was sent from "johneswallow@gmail.com" to "Tim Lawson and it read "Thanks." On February 28, 2013, a text message was sent from "Tim Lawson to and it read "He bro when you get a second five me a call please". 117. On March 4, 2013, a text message was sent from "Tim Lawson to and it read "Have you sent out the K.ickStarter link to all you email, FB, and Twitter people?? On March 28, 2013, a text message was sent from "johneswallow@gmail.com" to "Kirk Torgensen and it read "It is and has been the same with Tim Lawson." On May 16, 2013, a text message was AFFIDAVIT FOR SEARCH WARRANT PAGE 36 sent from 'Tim Lawson to and it read "Hey brotha we look good on the cover of City Weekly in those sissy golfmg get 118. On May 17, 2013, a text message was sent firom "Tim Lawson to and it read was just here. I could imagine that they have tapped my phones or getting my text. Just sad that they are spending so much time on a convicted On June 16, 2013, a text message was sent fiom "Tim Lawson <8016875 1 to and it read "Happy Father's Day to my brother! This is a day to remember why we started this journey and look back to the past and thank God for the experience He On June 17, 2013, a text message was sent from "johneswallow@gmail.com" to "Tim Lawson and it read "Thank you. I hope you had a nice Fathers day. Who is your lawyer and may my lawyer give him or her a call?" 119. On June 17, 2013, a text message was sent fi'om "Tim Lawson to and it read "Dana Facemyer (801) 369-7161". On September 24, 2013, a text message was sent fiom "Tim Lawson to and it read "Hello brother, call me. We get to have a convo". On September 24, 2013, a text message was sent from "Tim Lawson <8016875 to and it read "Have Shelly set an hour to meet in your office this week please." 120. On about November 16, 2013, a concemed citizen who has given his/her name to your affiant contacted the Davis County Attorney's Office regarding Timothy Lawson. The concerned citizen reported to the Davis County Attomey's Office am a volunteer for a non-profit organization. Tim has threatened our group both nationally and locally. He told me he would come after me (and destroy me) if I ever said anything he doesn't like. Most of his intimidation and threatenings have happened over the phone and in person." The concemed citizen reported that Timothy Lawson has used the email accounts of and "tim@newgrains.com" to send him/her things. The concerned citizen reported to the Davis County Attomey's Office "Like I said, his threats have typically been over the phone or in person, so I don't have many email that I could share, especially since I have deleted the worst of them. But I wanted to help, he may have sent e-mail from these other accounts to those you are investigating." 121. Your affiant spoke with the concerned citizen who explained that he/she met Timothy Lawson in either 2009 or 2010 and spoke with him regarding celiac disease. The concerned citizen told your affiant that Timothy Lawson had said some false things regarding celiac disease, and they became at odds regarding the safe levels of gluten that AFFIDAVIT FOR SEARCH WARRANT PAGE 37 could be consumed. The concerned citizen said that Timothy Lawson cornered him/her at a food fair that took place in Orem, Utah in May of 2012. The concemed citizen told . your affiant that Timothy Lawson told him/her that he would come afier her if he/she said anything. 122. The concemed citizen told your afliant that Timothy Lawson likes to drop Mark Shurtleffs name a lot as intimidation. The concemed citizen told your affiant that Timothy Lawson has told him/her and others that Mark Shurtleff will take on anything he (Timothy Lawson) wants. The concerned citizen told your affiant that Timothy Lawson told him/her and others that he has friend in high places, that he and Mark Shurtleff are great friends, that he and Mark Shurtleff vacation together, and that he has a lot of political pull. The concerned citizen said that Timothy Lawson's bakery is inside of his (Timothy Lawson's) house in Provo City, Utah. 123. Some emails between Kirk Torgensen and John Swallow help explain John Swallow's relationship with Timothy Lawson and Jeremy Johnson. An email dated March 2, 2010, was sent fiom "John Swallow to "Kirk Torgensen and it read "Hey Kirk, you are not going to like this but Jeremy Johnson is coming up to the capitol for a few minutes today to say hello to Dave Clark, who I think is his Representative. You need to know that Jeremy and I got to know each other when I worked as Mark's campaign finance chair. I told you Mark and I went down there and really checked him out. He's also given a lot of money to Governor Herbert. So, just a heads up. I know Mark thinks a lot of him and I don't put him in the category of Tim. Let's not give him a key to the office, but let's also be cool. Thoughts? John". 124. An email dated March 2, 2010, was sent fi'om "John Swallow <1 swallow@utah. gov>" to "Kirk Torgensen and it read "I'm just giving you a heads up. I know you are cool. Hey Curtis is here about Noel's federal officer bill." Kirk Torgensen replied "Why would I not be cool? You know my concerns and I will of course not be stupid enough to make a point about his visit. I know the Gov's office has some concems about getting to close to him." John Swallow replied know." Kirk Torgensen replied "All I can do is pass on to you whatI hear. This guy may be the greatest but there is a buzz out there about him. Lawson is the guy that is going to bring the house of cards down." 125. On or about August 27, 2013, Timothy Lawson was interviewed by Special Agent Jon Isakson at 5425 South Amelia Earhart Drive in Salt Lake City, Utah. Timothy Lawson claimed that he sent the Marc enson plea deal to Mark Shurtleff his friend not Mark Shurtleff the Attorney General. Timothy Lawson claimed that it wasn't his job to be involved in the legal stuff like that when asked if it was one of his roles to help try to get a resolution, a dismissal, or a reduced plea for Marc enson. Timothy Lawson claimed he was not hired to fix problems with the state. Timothy Lawson claimed that he had no AFFIDAVIT FOR SEARCH WARRANT PAGE 38 idea where the money came from that he used to pay the airfare for Mark Shurtleff and John Swallow to travel to Pelican Hill. 126. Timothy Lawson claimed that neither Peter Torres nor Marc Jenson gave him the money to pay for those tickets. Timothy Lawson claimed that he didn't know that Marc Jenson was going to be there at Pelican Hill when they went there. Timothy Lawson claimed that he did not have any idea that Mark Shurtleff was going to meet with Darl McBride. Timothy Lawson claimed he did not ever remember having a conversation with Mark Shurtleff about that. Timothy Lawson claimed he did not believe it was true that one of the purposes of the trip to Pelican Hill was for Mark Shurtleff to talk to Marc Jenson to resolve the Darl McBride issues. Timothy Lawson claimed the trip was his idea, and that it was spontaneous. Timothy Lawson claimed that he did not know about the Darl McBride thing. Timothy Lawson claimed that he would not have had anything to do with Darl McBride when he was asked if he and Mark Shurtleff spoke about coordinating efforts on the end goal of getting Darl McBride to back off of Mark Robbins. Timothy Lawson claimed that the meeting between Mark Shurtleff and Darl McBride was out of his purview and that he didn't know anything about it. 127. According to Utah Driver License Division records, Timothy Lawson's address is 766 East 2950 North in Provo, Utah. According to the website of Timothy Lawson's company New Grains Gluten Free Bakery, the corporate address of the bakery is 766 East 2950 North in Provo, Utah, and Timothy Lawson's listed mobile telephone number is (801)687-5151. According to Utah Department of Commerce records, the Registered Agent of New Grains Gluten Free Bakery, LLC is Nicole Lawson with the address of 766 East 2950 North in Provo, Utah. The listed registration date is November 29, 2010. According to Utah Department of Commerce records, the Registered Agent of New Grains Foundation Inc. is Timothy Lawson with the address of 766 East 2950 North in Provo, Utah. According to the Facebook page of New Grains Gluten Free Bakery, the address for the "Bakery Gluten-Free Restaurant" is 766 East 2950 North in Provo, Utah. 128. Your affiant, therefore, respectfully requests that the attached warrant be issued authorizing the search of the records of the Yahoo located at 701 First Avenue Sunnyvale, California 94089, firrther described as stored subscriber, billing, account, and email records including all draft, sent, received, and discarded emails, attachments, documents, chats, email header information, session records including times and durations, date on which the account was created, the length of service that was provided, IP address used to register the account, log-in IP addresses associated with session dates and times, account status, alternative email addresses provided during registration, methods of connecting, log files, means and sources of payment including credit card or bank account numbers, and any other records or information stored including address books, contact and buddy lists, calendar data, pictures, videos, photos, and all records pertaining to communications between the provider and any person regarding the account including contacts with support services and records of actions taken for the email AFFIDAVIT FOR SEARCH WARRANT PAGE39 account of fu1lnester@yahoo.com for the time period of July 1, 2007 through and including the present relating to the crimes of Obstruction of Justice (U .C.A. 76-8-306), Tampering with Witness (U.C.A. 76-8-508), Retaliation against a Witness, Victim, or Informant (U .C.A. Bribery or Offering a Bribe (U.C.A. 76-8-103), Receiving or Soliciting Bribe or Bribery by Public Servant (U.C.A. 76-8-105), Acceptance of Bribe or Bribery to Prevent Criminal Prosecution (U.C.A. 76-8-308), Tampering with Evidence (U.C.A. Communications Fraud (76-10-1801), and Electronic Communication Harassment (U.C.A 76-9-201). Items to be seized: 129. Your affiant believes that the records of the electronic mail provider Yahoo for the email account fullnester@yahoo.com should be searched for stored subscriber, billing, account, and email records including all drafi, sent, received, and discarded emails, attachments, documents, chats, email header information, session records including times and durations, date on which the account was created, the length of service that was provided, IP address used to register the account, log-in IP addresses associated with session dates and times, account status, altemative email addresses provided during registration, methods of connecting, log files, means and sources of payment including credit card or bank account numbers, and any other records or information stored including address books, contact and buddy lists, calendar data, pictures, videos, photos, and all records pertaining to communications between the provider and any person regarding the account including contacts with support services and records of actions taken for the email account for the time period of August 10, 2005 through and including the present. 130. Your affiant believes the records of the email provider Yahoo should be searched relating to the crimes of Obstruction of Justice (U.C.A. 76-8-306), Tampering with Witness (U.C.A. Retaliation against a Witness, Victim, or Informant (U.C.A. Bribery or Offering a Bribe (U.C.A. 76-8-103), Receiving or Soliciting Bribe or Bribery by Public Servant (U.C.A. 76-8-105), Acceptance of Bribe or Bribery to Prevent Criminal Prosecution (U .C.A. 76-8-308), Tampering with Evidence (U.C.A. Communications Fraud (U.C.A. 76-10-1801), and Electronic Communication Harassment (U.C.A. 76-9-201). .. AFFIDAVIT FOR SEARCH WARRANT PAGE 40 Your affiant has had this Warrant/Affidavit reviewed by Deputy Salt Lake County District Attorney and the Warrant/Affidavit has been approved for presentation to the Court. Wherefore, your affiant prays that a Search Warrant be issued for the seizure of said items: (X) In the day time. AGRNT SCOTT NESBITT AFFIANT SUBSCRIBED AND SWORN TO MB This day of 2013. 7% ,g 4 JUDGE THE THIRD DISTRTEET _s 4 IN FOR THE COUNTY or SALT STATE 01-' . 'j . Supp. Affidavit, Nesbitt Page 1 IN THE THIRD DISTRICT COURT, SALT LAKE DEPARTMENT IN AND FOR SALT LAKE COUNTY, STATE OF UTAH STATE or UTAH ss 317' ZZD County of Salt Lake SUPPLEMENTAL AFFIDAVIT FOR SEARCH WARRANT BEFORE \/Qrnice 4/5'0 9&1; MAGISTRATE ADDRESS The undersigned affiant, Agent Scott Nesbitt of the Utah Department of Public Safety, State Bureau of Investigation, being first duly sworn, deposes and says he has reason to believe that: 1. Because electronic communication providers upon whom the related search warrants are served cannot/will not sort material to be produced by subject matter, there exists no way to tailor the production to eliminate potentially and ostensibly privileged materials. The providers can only respond to a warrant which requires the production of materials identified by a range of dates. 2. Because of this inability to tailor the production of materials, there also exists the possibility that materials may be produced for which there exists insufficient probable cause to believe a crime has been committed or has been used to conceal a public offense; is being possessed with the purpose to use it as a means of committing or concealing a public offense; or, consists of an item of or constitutes evidence of illegal conduct, possessed by a party to the illegal conduct. 3. A "taint team" comprised of law enforcement attomey agents will be organized and instructed to receive the materials produced by electronic communication providers. The "taint team" will screen off materials which are privileged. The "taint team" will also screen off materials for which insufficient probable cause to believe a crime has been committed or has been used to conceal a public offense; is being possessed with the purpose to use it as a means of committing or concealing a public offense; or, consists of an item of or constitutes evidence of illegal conduct, possessed by a party to the illegal conduct. 4. The "taint team" will not provide prosecutors with the screened information and will ensure that adequate measures are taken to prevent dissemination of the screened materials to prosecutors. Supp. Affidavit, Nesbitt Page 2 S. This supplemental affidavit incorporates by reference your affiant's other affidavits filed in connecti herewith. Agentspo Nesbitt, AF FIANT ?m5-m WAVM3 7 Zol3_ 5'57 I - I.- 91