Official Statement
From Mr. Koerber’s Legal Defense Team

Re: News of the superseding indictment reported in the local media on the evening of Tuesday, November 10, 2009

“Nothing has been filed.  We learned of the superseding indictment from the government’s press release.  Apparently the government’s practice here is to issue a press release to the public before giving the defense an opportunity to review the underlying document.  So, we are unable to comment on the specifics.

“Notably, Mr. Koerber’s lead attorney was on the phone with the prosecutors today discussing matters in the case, and they did not say anything about it.  Nevertheless, an increase in the number of counts does not change the flawed and disjointed foundation of the government’s case. Judging from its press release, the government seems to be trying to stretch the same allegations over more and more charges.  These are the same allegations, mind you, that the government first asserted in the course of an investigation which an independent government Auditor has described as “inappropriate” and “inconsistent” with “established policies and procedures.”  The head of the investigation now is the same individual who first referred this matter to the Attorney General of the State of Utah—the Attorney General, of course, declined to prosecute the case for a lack of any real evidence of wrongdoing.  Adding more words and allegations should not change the fundamental conclusion.”

—End

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