'Let us go home,' Jeremy Johnson asks jurors as deliberations begin


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SALT LAKE CITY — Jeremy Johnson has waited five years to talk to a jury.

Facing dozens of fraud and money laundering charges stemming from his failed business, iWorks, Johnson became emotional Friday as he gave closing arguments in federal court, having spent nearly six weeks defending himself in the trial.

"I've waited for five years, for five years to talk to you, to ask you to let me go home. Because I can tell you right now, if it wasn't for you, we'd already be convicted, no doubt," Johnson said.

Echoed by a chorus of sniffles from the packed courtroom gallery, Johnson told the jury, "You're the only thing that stands between us and completely destroyed lives."

Johnson went on to note that his two co-defendants, Ryan Riddle and Scott Leavitt, both have families and children, an argument that was rebuffed by U.S. District Judge David Nuffer. The judge instructed Johnson that, though he is not an attorney, he is bound by court rules and must only argue the merits of the case.

The St. George native closed his final plea asking, "Look at the evidence, not just the evidence the government wants you to see. Look at all of the evidence and let us go home."

After nearly six weeks hearing the case, the 12-person jury deliberated almost 4 1/2 hours Friday before retiring for the weekend. Deliberations will resume Monday.

Johnson, Riddle and Leavitt stand accused in an 86-count indictment alleging conspiracy, bank fraud, wire fraud and money laundering in connection with iWorks. When excessive credit card chargebacks from some of its clients landed Johnson and the company on the Terminated Merchant File list, prosecutors say the business partners wrapped the company in 37 shell corporations and 281 different merchant accounts obtained under the names of family, friends and employees.

The defendants face a potential maximum penalty of up to 30 years in prison.

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Johnson told jurors that, despite the length of the trial, he doubts they fully understand his once successful business and the allegations that have come against it.

"We've been here six weeks, and I feel like you still don't understand the case," Johnson told the jury. "I'm learning new things about our business, too."

Johnson accused prosecutors of building a case around selective snippets from company emails, bringing up an oft-cited message that prosecutors have said summarizes the crux of their argument.

In that message referring to Johnson's plan to establish multiple corporations and merchant accounts, Riddle wrote to Leavitt, "This will only work if the acquiring bank doesn't recognize iWorks."

Johnson argued that one line from one message does not fully illustrate everything that was happening. He insisted that he made no efforts to hide who he was or which company was behind the numerous corporations, and that both the credit card processing company he was working with, CardFlex, as well representatives from Wells Fargo bank, knew exactly who they were working with.

When iWorks began to struggle, Johnson told jurors he wasn't simply faced with a choice between shuttering his business or defrauding the bank, but instead looked for a way to keep the company running.

Giving final rebuttal for the prosecution, assistant U.S. attorney Robert Lunnen told the jury that the government indeed wants them to consider all the evidence as they deliberate the case. The defendants have tried to shift blame on a number of fronts, Lunnen said: toward their merchants who incurred chargebacks, at CardFlex and others for instructing their business model, at Visa, to the banks they worked with, back toward the government that "shut them down," at the credit card and bank industry in general for not letting them "be innovative," and toward their own employees.

"Somehow, this is about everybody else's faults except the defendants," Lunnen said. "This case is not about CardFlex, it's about being truthful with the bank."

Lunnen invoked the image of a blindfolded Lady Justice, weighing her scales between fact and law, as he urged jurors to consider the case without bias, pity or emotion.

With the case in the hands of the jury, Johnson and defense attorney Marcus Mumford, who represents Leavitt, declined comment as they left the courthouse Friday afternoon, saying they were unsure whether a gag order handed down three years ago has expired yet.

"I can't even say anything right now, I'd like to," Johnson said. "I want to, I really do. Grab me as soon as we have a verdict."

Mumford has butted heads with Nuffer throughout the trial, including a moment Friday when the judge threatened but stopped short of having court security escort him from the room for speaking out of turn during Johnson's statement.

"We certainly don't want to be accused of doing anything in violation of (the gag order) at this time," Mumford said.

He went on to reaffirm, "These men are innocent and we are eager for the jury to render its verdict here."

After the jury hands down a verdict, Johnson is scheduled to turn around and defend himself in a parallel civil trial regarding iWorks in Las Vegas set to begin March 28.

Johnson had attempted to call former Utah Attorneys General John Swallow and Mark Shurtleff — who face criminal charges accusing them of trading favors during their time in office for preferential treatment — as witnesses in his trial because he claims they had once declared his business legitimate. But U.S. District Judge David Nuffer barred him from mentioning the two former attorneys general.

Johnson is a key figure in the cases against Shurtleff and Swallow.

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