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SALT LAKE CITY — Imprisoned businessman Jeremy Johnson refused to testify against former Utah Attorney General John Swallow at his criminal trial last month.
But a new court filing in the ongoing Federal Election Commission case against the two men says Johnson will deny that Swallow had any part in making illegal campaign contributions to several politicians.
Johnson allegedly used "straw" donors to give $100,000 to former Utah Attorney General Mark Shurtleff, $50,000 to Sen. Mike Lee, R-Utah, and $20,000 to now retired Sen. Harry Reid, D-Nev. The FEC caps individual donations to federal candidates at $2,400.
Swallow solicited large contributions from Johnson to Shurtleff’s and Lee's campaigns, and told him to give the money to others to contribute in their own names, according to the FEC complaint.
The FEC filed the complaint against Johnson in June 2015. It added Swallow as a defendant in December 2015.
Johnson has "facts" showing that Swallow never instigated or participated in making contributions to federal candidates using straw donors and other intermediaries, according to documents Swallow's attorney, Scott Williams, filed Tuesday in U.S. District Court.
Johnson gave information that led to the FEC complaint to state prosecutors and federal and state agents during the Swallow investigation under a grant of immunity. Johnson outlined his claims against Swallow in a sworn affidavit three years ago.
"In fact, Mr. Johnson was specifically told that such statements would not be provided to the FEC, which promise was ultimately betrayed," Williams wrote. "Mr. Johnson is not expected to verify his earlier statements."
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Jeremy Johnson jailed for contempt after refusing to testify in Swallow trial
The St. George businessman who lit the fuse on investigations that led to some of the criminal charges against former Utah Attorney General John Swallow refused to testify Wednesday at his trialAlso, Williams wrote that Swallow would show that he didn't knowingly or willfully violate any law or destroy any evidence to impede the FEC investigation.
A 3rd District Court jury acquitted Swallow of all public corruption charges earlier this month after a four-week trial. Johnson refused to testify as a prosecution witness despite promises of federal and state immunity. He invoked his Fifth Amendment right against self-incrimination.
Swallow said after the trial that FEC claims against him are false. Because it's a civil action there's no threat of prison time, but Swallow and Johnson could be fined thousands of dollars if found guilty.
Johnson is serving an 11-year federal prison sentence for making false statements to a bank in connection with his defunct internet marketing enterprise.
U.S. District Judge Dee Benson has scheduled a status hearing in the FEC case for April 25. He earlier set a July 2018 trial date.
