Key witness in criminal cases against Shurtleff, Swallow released from prison


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SALT LAKE CITY — A key witness in the criminal cases against two former Utah attorneys general has been released from prison.

The Utah Board of Pardons and Parole on Tuesday granted parole to Marc Sessions Jenson, who was nearly four years into a 10-year sentence for selling unregistered securities.

Jenson accused Mark Shurtleff and John Swallow of shaking him down for money and favors during a visit to a posh Southern California resort where he was living in 2009. Shurtleff served as attorney general at the time and Swallow would become his chief deputy later that year.

The attorney general's office — at Shurtleff's behest — had agreed to a plea-in-abeyance agreement with Jenson that a 3rd District judge initially found too lenient. In a second deal, the Salt Lake businessman agreed to pay a $15,000 fine and $4.1 million in restitution while being placed on probation.

When Jenson failed to repay the money, the judge sentenced him to 10 years in prison in November 2011.

The parole board in August set an Oct. 1 deadline for the attorney general's office to respond to Jenson's claim that he had already paid the restitution. On Sept. 30, state attorneys asked for an extension to Nov. 30. Jenson's attorneys objected and asked the board for a "special attention" review of the case.

After reviewing the matter, the board canceled a February 2016 parole hearing, gave the attorney general until Nov. 1 to file a response and released Jenson from prison. It will hold a hearing on the restitution issue in January or February.

Jenson's lawyer, Helen Redd, said she sent a letter to the board in July outlining payments Jenson made before he was sentenced and asking for his immediate release.

"He's doing really well. He's happy to be reunited with his family, happy to be out," Redd said.

The attorney general's office declined to comment, citing the pending hearing before the parole board.

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In January, a jury acquitted Jenson of fraud and money laundering charges in connection with a multibillion-dollar luxury ski-and-golf resort he was developing in Beaver County. He was accused of not disclosing his criminal past when he asked investors to buy million-dollar memberships in the exclusive Mount Holly Club. The case was unrelated to the one that landed him in prison.

Redd called Jenson's exoneration on those charges and his release from prison "important first steps for getting justice" for him.

Jenson has told incriminating stories — some in media interviews from prison — about Shurtleff and Swallow, some of which form the basis for the public corruption charges against them.

Shurtleff and Swallow made two trips to the Pelican Hill resort in Newport Beach where Jenson, who was on probation at the time, paid for lodging, food, golf, massages, and clothing, according to state prosecutors.

Jenson claims that during those visits, Shurtleff demanded he give businessman Darl McBride $2 million to get McBride to take down a website attacking another prominent businessman, Mark Robbins, with whom McBride had an ongoing battle over a business deal gone bad.

Jenson also says he paid Shurtleff's self-described "fixer" Tim Lawson $120,000 in 2009 for access to the attorney general for help with his legal troubles. Lawson faces five felony charges, including racketeering and obstructing justice.

Jenson accused Swallow of securing a "quid pro quo" agreement from him for a $1 million lot in the planned members-only Mount Holly Club.

Shurtleff, who has called Jenson a liar, and Swallow have maintained their innocence.

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Dennis Romboy

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