Attorney General Sean Reyes Honored by Boy Scouts of America with National Award

SALT LAKE CITY November 21, 2016—The Utah Attorney General’s Office today announced Utah Attorney General Sean Reyes received anational award last week from the Greater Salt Lake Council of Boy Scouts of America for outstanding service to the community, with an emphasis on his volunteer service in the Hispanic community.

Attorney General Reyes expressed his appreciation to the Council at the Silver Anniversary Holiday Gala.

“It is such an honor to receive this recognition from Boy Scouts of America, an organization that has enriched my life and my family far more than I could ever repay,” said Attorney General Reyes. “Scouting teaches lifelong principles of service, community, and adventure. The Boy Scout slogan to ‘do a good turn daily’ guides me as I serve each day, and I am grateful that BSA has taught my own sons to follow the same path.”

“Attorney General Reyes is the epitome of what Scouting is all about,” said Scout Executive Mark Griffin. “Sean’s service to youth in the Latino/Hispanic community through Scouting and many other venues is noteworthy. We are proud to recognize him with this national award.”

Attorney General Reyes is an Eagle Scout who has been active in leadership roles in Scouting throughout his life. He achieved the rank of Eagle at age 15, has been a Scout leader at various levels of Scouting, chaired a Scout unit and organized and presented at various Scouting events. His two older sons are EagleScouts and he has three younger sons who are working toward that goal. AG Reyes’s father was active in Scouting as a boy in his home country of the Philippines, remained an active Scouter in his adopted country of America and instilled in his sons, both Eagle Scouts, a love of Scouting and its principles of service.

Even prior to his current position as AG, Reyes was recognized locally and nationally with numerous awards and distinctions for his years of commitment to service and lifting communities throughout Utah and the United States.

Reyes co-Founded the Somos Foundation providing millions of dollars in student aid and scholarships to Utah Latino high school and college students. He provided internships to many Latino students and led an English language learning program that lifted tens of thousands of immigrants by giving them tools for better jobs and opportunities. In working to fight against teen drinking and driving, human trafficking, child sexual abuse and teen suicide, Reyes has protected all teens and also done special media promotions and interviews for the Hispanic community. Reyes served on the Presidential and Congressional Commission to create a National Museum of the American Latino on the National Mall.

Reyes also volunteered at colleges, high schools, elementary schools and juvenile detention facilities as well as homeless shelters, elder care facilities, churches, and veterans homes. He raised money for scholarships for students from underserved and refugee communities, offered free legal services to veterans, seniors, and others in need, raised money for families of fallen law enforcement officers and provided resources to fight child Pornography. He was a pioneer in creating opportunities for Hispanic and Asian small businesses. He founded and helped lead numerous non-profits creating a host of service initiatives.

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AG Reyes Expresses Concern About Japanese Internment Comments

[Correction: This updates language from a previous draft and notes that President-elect Trump has rejected the concept of a registry based on an individual’s religion.]

SALT LAKE CITY November 21, 2016 — Attorney General Sean D. Reyes, who is of mixed- Japanese descent, today expressed concern about comments reported in national media last week that justify the creation of a national Muslim registry, citing the Japanese internment during World War II as legal precedent. An Aspen-Rodel Fellow, Attorney General Reyes learned of the comments upon return from the three-day Aspen Institute seminar on public policy and civility.

“When President Ronald Reagan signed the Civil Liberties Act in 1988, apologizing for the Japanese internment during World War II, it was a significant acknowledgment of the humiliation, degradation, and pain suffered by thousands in the Japanese-American community, including some of my own friends and family. These were loyal American citizens stripped of their rights, freedom, and hard-earned property based solely on heritage.

“Reference to the Japanese internment as a legal prerogative for any policy is offensive and counter to the highest ideals to which we aspire as a nation. I join in President Reagan’s past recognition of the injustice of the Japanese internment, as well as in President-elect Donald Trump’s rejection of the formulation of a registry or system that tracks individuals based on their religion.

“Like many Americans, I am gravely concerned about national security and the threat of radical groups that would do us harm. And, collectively, we will continue to grapple with difficult decisions balancing the safety of our country and the liberties to which we are all entitled. The justification for whatever policies we adopt cannot be rooted in the Japanese internment or any of the other darkest mistakes in our nation’s history, from slavery and segregation to sterilization and extermination. These are not the ideals of a free people.”

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U.S. District Court Issues Permanent Injunction Against Department of Labor “Persuader Rule”

Proposed rule violates attorney-client privilege and would have chilling effect on First Amendment

SALT LAKE CITY November 18, 2016 – In an order issued this week, a district court has issued a permanent national injunction against a proposed Department of Labor (DOL) administrative rule. Utah was one of ten states nationwide, in cooperation with legal and business groups, to challenge the rule as an improper infringement on attorney-client communications. Attorney General Sean Reyes applauded the ruling.

“We are pleased that the court has permanently enjoined the Department of Labor’s so-called ‘persuader rule,’ which improperly infringes on attorney-client communications—an area of law historically the province of the states,” said Tyler Green, Utah Solicitor General. “The permanent injunction recognizes a key tenet of our federal system: There are limits to what federal agencies can do. Here, the Department of Labor exceeded those limits toward particularly harmful ends—invading and chilling confidential communications between attorneys and their clients.”

Instituted on March 24, the rule—known informally as the “persuader rule”—purported to reinterpret a section of the Labor-Management Reporting and Disclosure Act (LMRDA) that has long exempted from federal oversight communications between lawyers and clients during union-organizing campaigns. The persuader rule would have narrowed that exemption to exclude from it “indirect communications” by management-side consultants and lawyers during union-organizing campaigns—including speeches or scripts provided to supervisors to share with employees and intended to sway employees against unionizing. Besides redefining the statutory exemption to exclude such communications, the rule also required attorneys and consultants to report those communications to DOL, which would compile them and make them publicly available on its website, where they could be used against the employers by third parties.

Management-side attorneys and consultants subject to the rule argued in the request for the injunction that the rule would impose onerous reporting requirements when they act as indirect persuaders for employers that oppose unionization—reporting requirements that could interfere with their confidential relationship with employers. In particular, the rule would have required attorneys to violate attorney-client privilege, would have had a chilling effect on attorneys’ ability to provide advice to clients, and would have infringed on First Amendment speech rights.

This issuance of a permanent injunction of the persuader rule comes after the plaintiffs, state intervenor-plaintiffs, and the Department of Labor sought summary judgment on the injunction, which was initially issued in July.

In his July order issuing the preliminary injunction, Judge Sam Cummings, of the U.S. District Court for the Northern District of Texas Lubbock Division, issued an order preventing the new persuader rule from taking effect. The judge recognized that the rule forces employers to report any “actions, conduct or communications” undertaken to “affect an employee’s decisions regarding his or her representation or collective bargaining rights,” and would have required attorneys advising employers about labor elections to report their activities to the DOL for posting on public websites, effectively breaking the confidentiality of the attorney-client privilege.

Judge Cummings said that these requirements threaten to chill protected speech—and the “chilling of speech protected by the First Amendment is in and of itself an irreparable injury[.]”

A copy of the permanent injunction is attached.

Utah Attorney General Sean Reyes’ Veterans Day Statement

SALT LAKE CITY November 11, 2016 – Utah Attorney General Sean Reyes issued the following Veterans Day statement:

“On this Veterans Day, my team and I at the AG’s Office are reminded of the great debt owed to the men and women who defend our nation and the freedoms we enjoy. This year, we are particularly aware of our veterans’ sacrifices, both at home and abroad, as each selflessly places their lives and safety on the altar of freedom to protect the liberties and rights promised by our Constitution to all Americans, of every color, creed, and culture.

“On a personal level, I am forever grateful to those who have fought and continue to fight for the land and people that welcomed my own father as he fled an oppressive regime in the Philippines in response to the call of Lady Liberty. ‘Give me your tired, your poor, your huddled masses yearning to breathe free[…] Send these, the homeless, tempest-tost to me, I lift my lamp beside the golden door!’

“My family has lived by the light of this lamp, as do millions of other citizens who call America home, no matter their color, religion, or culture. I have great hope in our future and gratitude for our diversity because I sincerely believe that America is centered in respect and understanding of the beauties of freedom where diverse backgrounds and cultures coexist in harmony and peace. In every war that Americans have fought, it is the promise of freedom and opportunity for all that has inspired our soldiers.

“On a final note, our veteran community is one of the most vulnerable to succumb to suicide as these heroes battle post-traumatic stress disorder, depression, job displacement, and reintegration hurdles, among other mental, emotional, and economic challenges. Some reports indicate that we have lost more veterans of Middle East conflicts to suicide than to combat. While we never leave them behind in battle, we unknowingly abandon them when they return home. Let’s assure we provide the best healthcare, resources, and support for our veteran men and women who are too often fighting a different and internal war at home.”

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Attorney General Statement on Nomination of Janise Macanas and Kent Holmberg for 3rd District Court

Janise Macanas

SALT LAKE CITY November 7, 2016 – Attorney General Sean Reyes released the following statement today:

“Given the caliber of lawyers within our ranks, the Utah Attorney General’s Office is honored but not surprised The 3rd District Judicial Nominating Commission has chosen multiple Assistant AG’s as two of the five finalists for further consideration by the Governor. Both Assistant Attorney General & Special Prosecutions Section Director Janise Macanas and Assistant Attorney General & Torts Section Director Kent Holmberg have rendered distinguished service to the UAGO and the citizens of Utah for years.

“Either Director Macanas or Director Holmberg would be a fine choice for the bench to succeed Judge Maughan. We congratulate them both as well as their families on making it through such a competitive process and wish them both the best in their interviews with Governor Herbert.”

Kent Holmberg

Written comments on nominees can be submitted to the 3rd District Judicial Nominating Commission Chair Jack Wixom at judicialvacancies@utah.gov or Commission on Criminal and Juvenile Justice, P.O. Box 142330, Salt Lake City, UT 84114-2330. The deadline for written comments is noon Nov. 15, 2016. The Nominating Commission may request further information or conduct an investigation of the nominees after reviewing public comments. After the public comment period, the names will be sent to Gov. Gary R. Herbert, who will have 30 days to make an appointment. Gov. Herbert’s appointee is subject to confirmation by the Utah Senate.

Attorney General Sean Reyes Issues Statement on Officer Cody Brotherson Death

Attorney General Sean Reyes Issues Statement on Officer Cody Brotherson Death

Utah Attorney General Sean Reyes issued the following statement today regarding the death of West Valley City Office Cody Brotherson:

“My heart goes out to the family and loved ones of Officer Cody Brotherson,” said Attorney General Sean D. Reyes. “It is so painful when we lose one of our law enforcement family anywhere but even more so when it hits so close to home. We should never forget the risks and dangers our men and women in blue face each day. While we can never fully repay their sacrifice, we can always be grateful for their service and sacrifice.

“The agents of the AG’s Office will wear black ribbon over their badges until Officer Brotherson is laid to rest. Our condolences also go out to Chief Lee Russo and all our friends at the West Valley Police Department for their loss. May God bless all of our first responders and keep them safe as they honorably fulfill their duties.”

AG Reyes Thanks AAG J. Francis Valerga for Decades of Service

J. Francis Valerga

SALT LAKE CITY October 20, 2016 – Attorney General Sean Reyes released the following statement today:

“Few employees at the Attorney General’s Office come close to J. Francis Valerga when measured by dedication to the office, to the principles of justice, fairness, and integrity, and to the agencies and employees of this state. In sum, J. Francis is a tremendous asset to the Office, the Division, and the Employment Section. While some lose steam as they approach retirement, J. Francis has only gained momentum, running hard until the end. He will be missed and we wish him all the best in his future endeavors.”

As an Assistant Attorney General in the Employment Section of the Litigation Division, J. Francis has represented state agencies before the Career Service Review Board, the Utah Antidiscrimination and Labor Division, and the Equal Employment Opportunity Commission. In over twelve years with hundreds of cases in the archives, he has only lost one case. In addition to representing agencies with exceptional dedication (he has been known to spend the night in the office with only tomato soup for sustenance when preparing for a hearing), J. Francis screens hundreds of potential cases every year, advising agencies and human resource specialists on how to proceed with proposed disciplinary actions. It is here that he makes a huge difference for the employees of the state, ensuring that the imposition of discipline is not capricious or autocratic, but is fair and judicious. His efforts save the state untold mountains of money and the Employment Section countless hours litigating lost causes.

In addition to carrying a significant caseload, J. Francis has distinguished himself by mentoring other attorneys, consulting with managers in our office and other agencies, and meeting with members of the legislature, testifying at legislative committee hearings, and sometimes drafting legislation and administrative rules.

J. Francis is revered for his knowledge of employment law, but he is most appreciated for his generosity of spirit, his profound kindness and the respect he shows to everyone with whom he works – even adversaries. During his closing argument in a recent hearing, he spared the pro se grievant an unnecessary coup de grace and instead complimented him on his courage and his otherwise unblemished employment history. Though the grievant lost, he commented that the process had been fair. It’s a rare and complimentary commentary on the kind of attorney, and representative of the AGO, that J. Francis was and is. He will be missed in our office.

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Alan Dean McKee Pleads Guilty In Connection With Scam Impersonating LDS Church Officials

SALT LAKE CITY October 18, 2016 – The Utah Attorney General’s Mortgage and Fraud Unit announced today that Alan McKee of Benjamin has pleaded guilty to one count of a Pattern of Unlawful Activity and one count of Theft, all Second Degree Felonies. A separate case against Gary Anderson of Springville is ongoing.

According to charging documents, Anderson and McKee were previously accused of defrauding Ames Construction and two individuals out of approximately $1.2 million between July 2013 and October 2015. McKee is alleged to have sent letters to Ames Construction purporting to come from the Church of Jesus Christ of Latter-day Saints (“LDS Church”) in connection with the construction of a building site in Elberta, Utah. Anderson is alleged to have assisted by making at least one phone call posing as an LDS Church official to an Ames Construction employee. McKee and Anderson were also alleged to have induced two victims to invest in a scheme to purchase excess farm equipment.

“Stopping white collar crime has always been one of my highest priorities for the Utah Attorney General’s Office,” said Utah Attorney General Sean Reyes. “Our investigators, paralegals, attorneys and staff work tirelessly to stop scams and shut down fraudsters.

“I appreciate the hard work by Che Arguello, Assistant Attorney General and Division Director of White Collar and Commercial Enforcement, and Brian Williams, Mortgage and Financial Fraud Unit Section Director, and their team for their hard work to build this case.”

The investigation was assisted by Tyson Downey from the Investigations Division and Richard Hales from the Utah County Attorney’s Office Investigations Division.

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Attorney General Warns Utahns of Telephone Scam Spoofing Utah State Treasurer’s Office Phone Number

Fraudulent Callers Claim to be IRS Agents Collecting Back Taxes

SALT LAKE CITY October 17, 2016 – Utah Attorney General Sean D. Reyes announced today that the Office of the Attorney General has received reports of Utahns receiving fraudulent, unsolicited phone calls from aggressive individuals claiming to be IRS officials collecting back taxes. The fraudulent callers are spoofing the Utah Office of the Treasurer’s phone number (801-538-1042) to gain credibility. The Office of Utah State Treasurer does not collect taxes (federal, state or otherwise).

The fraudulent callers demand the victim immediately pay a bogus tax bill via credit card, pre-loaded debit card or wire transfer. If the victim does not cooperate, they are intimidated with threats of arrest, deportation or other harmful measures.

The IRS website advises if you receive a call and do not suspect you owe federal income tax:

Do not give out any information. Hang up immediately.
Contact TIGTA to report the call. Use their “IRS Impersonation Scam Reporting” web page or call 800-366-4484.
Report it to the Federal Trade Commission. Use the “FTC Complaint Assistant” on FTC.gov. Please add “IRS Telephone Scam” in the notes.

If you receive a call and know you owe federal income tax or think you may owe federal income tax:

Do not give out any information. Hang up immediately.
Call the IRS at 800-829-1040. IRS workers can help you.
Stay alert to scams using the IRS as a lure. Tax scams can happen any time of year, not only at tax time. For more information visit “Tax Scams and Consumer Alerts” on IRS.gov.

Please also feel free to contact the Attorney General’s Office at 1-800-244-4636 or at https://attorneygeneral.utah.gov/contact-us.

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AG Reyes and AGO Investigators in Partnership with Truckers Against Trafficking Trains Utah Trucking Industry on Fighting Human Trafficking

SALT LAKE CITY October 12, 2016 – Attorney General Sean D. Reyes and the Utah Attorney General’s Office co-hosted a training with the Utah Trucking Association on Tuesday on best practices in successfully detecting and investigating human trafficking crimes.

“As human trafficking continues to be a problem across the country, I am grateful for the efforts of Truckers Against Trafficking to educate, inform, and train their industry,” said Utah Attorney General Sean Reyes. “By taking a victim-centered approach, Truckers Against Trafficking members are able to work cooperatively with law enforcement to bring greater awareness to this important issue and to make sure that victims receive the help they need.”

“Our thanks to the Utah Attorney General’s Office and the Utah Trucking Association for a highly productive coalition build meeting,” said Esther Goetsch, Truckers Against Trafficking Coalition Build Specialist. “Not only were those in the room today much more effectively equipped to recognize, report and respond to human trafficking situations, but the follow-up strategies participants committed themselves to will have an exponential effect as law enforcement officers and trucking industry stakeholders take this message back to their departments and companies.”

The briefing, conducted by a coalition of groups including the Utah Attorney General’s Office (AGO), the Utah Trucking Association, the Utah Trafficking in Person’s Task Force (UTIP), Truckers Against Trafficking, and managers from a number of truck stops in the Salt Lake City area, heard panels on human trafficking, combatting human trafficking through the trucking industry, and from a survivor of sex trafficking. Participants in the panels included Leo Lucey, Chief of Investigations for the Utah AGO, Nate Mutter, Section Chief of Special Prosecutions and Public Corruption at the Utah AGO, Major Brian Redd from the Utah Department of Public Safety, Sgt. Jason Ackerman from Unified Police Department, Utah AGO Justice Division Director Greg Ferbrache, and Beth Jacobs, a Truckers Against Trafficking Field Trainer.

Find linked below a fact sheet on Truckers Against Trafficking. For further information on Truckers Against Trafficking, please contact Esther Goetsch at 612-888-4828 or egoetsch.tat@hotmail.com.

Truckers Against Trafficking Fact Sheet

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