Explore every episode of the podcast Legally Speaking

Utah recently received the final settlement payment from the federal government in the 2015 Gold King Mine lawsuit. You may recall the dramatic pictures of bright yellow and orange water flowing down Colorado’s Animas and San Juan Rivers into Utah and Lake Powell. That water was at least 3 million gallons of mine tailings full of arsenic and heavy metals from the Bonita Mine. Utah sued the EPA, which caused the spill, and now the legal case is complete.

Even though the blowout was an accident, the EPA admitted responsibility and a settlement came after some hard work by the attorney general’s office. The state received more than $7 million, and the final payment came recently.

Meanwhile, the pollution in that water was significant enough that Governor Herbert at the time declared a State of Emergency to preserve the health, safety and welfare of citizens as well as the interests of Utah farms and businesses, which led to the lawsuit.

In this edition of Legally Speaking, Craig Anderson, the Director of the Environment and Health Divisions at the Utah Attorney General’s Office shares some details about the case that weren’t available until now.

As the Opioid problem continues to plague our state, a lot of people are curious about how much money the various settlements have brought to Utah. But the reality is that Utah’s Opioid Settlements are best described as works in progress.

Utah has received money from various sources: pharmaceutical manufacturers, distributors, pharmacies and others. But there is no bottom-line amount to report, since there are important legal actions still pending.

Here is the picture so far: Settlements that have been finalized will return about $495 million to be divided between the state and the counties. ($252 will come to the state, while about $242 million will go to the counties.) Payments will come over different timeframes ranging from immediate payment to payments over up to 17 years. As of August, 2024, the state has actually received about $69 million, while the counties have received about $59 million.

The settlements are important to our state, since the opioid crisis is still taking an unprecedented toll on families and is ruining lives as the problem evolves.

On this edition of Legally Speaking, we’re getting perspective from our top attorney over the Opioid settlements: Kevin McLean, Assistant Attorney General in the White Collar and Commercial Enforcement Division of our office.

Poisoning a best friend and roommate. This podcast is a case study in the prosecution of a woman charged with poisoning her roommate in Millcreek, Utah.

In 2019, the Utah Attorney General’s office worked with federal authorities to convict Janie Lynn Ridd of abuse and possession of a biological agent. Charges state that Ridd purchased a Staphylococcus strain and gave it to her roommate over time. That roommate was supposed to be her best friend. 

It’s a case the Attorney General’s office worked on with the U.S. Department of Justice. The case was prosecuted by Assistant Attorney General Michael Gadd, who commented on the case for Legally Speaking.

In November 2023, Utah filed a lawsuit against insulin manufacturers Eli Lilly, Novo, Nordisk, and Sanofi, as well as pharmacy benefits managers CVS Caremark, Express Scripts, and Optum RX. The lawsuit claims that the companies charge too much for insulin due to their pricing scheme.

Since filing, consumers have contacted our office and shared personal stories of their sacrifices to afford this crucial medicine.

Mark Holliday from our office is the lead attorney on the case for the state. Legally Speaking welcomes him with an update and his perspective on the situation.

Whenever a meeting involves the public’s business—whether it’s a city council, the legislature or any branch of state or local government—that meeting is subject to the Open and Public Meetings Act (OPMA).

These days, there are many meetings in our state, and controversial issues are often discussed. The Utah Attorney General's Office is one of the entities authorized to field concerns about open meetings and enforce OPMA. The job belongs to the Civil Review Committee, led by Assistant Attorney General Elliott Clark, who joins Legally Speaking to discuss how OPMA works.

OPMA in Utah Code

OPMA Brochure

Child abductions and missing children, when they happen, are devastating to a family, and in fact to entire communities. A kidnapped or missing child is often cited as a parent’s worst nightmare. Although they’re relatively rare, a fast response is essential. Fortunately, law enforcement has crafted a response with the Utah Child Abduction Response Team or CART.

In the Utah Attorney General’s Office, the person leading our participation in the Utah CART is Sara Lundquist, who joins Legally Speaking to talk more about it.

The Utah Attorney General’s Office has an office dedicated to protecting the integrity of the Medicaid program. Working with federal agents, we take on fraud, waste, or abuse of the system. It’s called the Medicaid Fraud Control Unit—or MFCU.

Every state has a MFCU, but Utah received the 2023 Inspector General’s Award for Excellence, which is a huge feather in the cap of everyone who works in the office and to our guest, Kaye Lynn Wooten, its director. Listen to Kaye Lynn answer questions about how the MFCU does its job on behalf of victims and taxpayers.

To report fraud and/or abuse, visit the MFCU page on the Utah Attorney General's Website. 

Read more about a recent case where a man was convicted of a 2nd-degree felony and sent to prison for financial abuse of a vulnerable adult—his mother.

This Legally Speaking episode examines one of the largest dark net drug trafficking cases in Utah.

In 2019, Aaron Shamo was sentenced to life in prison under the Controlled Substance Act for running a massive Fentanyl and Xanax manufacturing and distribution scheme.

A case of this magnitude is fascinating. In this interview, Assistant Attorney General Michael Gadd, who worked with the Department of Justice, shares more details about this case.

Explore these resources to learn more:

• DOJ News Release on Shamo’s Conviction
• Shamo accomplices convicted
• CNBC Documentary on Shamo case

Is the AG’s Office Utah's law firm?

One of the Constitutional functions of the Utah Attorney General’s office is to act as counsel for every state agency. In essence, the office is the state’s law firm. State Agency Counsel is one of the divisions comprising hundreds of attorneys at the AGO.

Our office has attorneys who work exclusively for various state agencies as their attorneys and specialize in specific areas. Amanda Montague oversees this little-known office function every day.

This episode of Legally Speaking explains just how important the work performed by these attorneys is.

In any given month, the Utah Attorney General's Office can join dozens of amici, also known as ‘friend of the court’ briefs, or sign the AG’s name to a persuasive letter that argues for or against a hot topic.

Why does the office do this? The answer makes a lot of sense - Legally Speaking!

In this episode, Deputy Solicitor General Christopher Bates explains why our office joins these letters and briefs, the costs and benefits, and how the entire process works.

The Internet Crimes Against Children Task Force has observed a new form of evidence: Computer generated Child Sexual Abuse Material (CSAM).

Artificial Intelligence (AI) is commonly used to generate illegal images of children in sexual situations, similar to animated CSAM images.

Listen as Sete Aulai, our ICAC Commander, speaks out about this evolving trend. This is occurring at a time when ICAC continues to receive tips, cases, and explicit images, as well as attempts by some suspects to contact live young people.

The Utah AG's Office became the first state to take on organized retail theft full-time. We'll explain how it’s made a huge difference.

Crimes Against the Statewide Economy are enforced by the AG's CASE Unit. CASE was launched in 2020, with retailers' support and funding. In today's society, they are grateful that the investment they made is paying off.  The question is, what lies ahead?

In this episode of Legally Speaking, Detective Commander James Russell and Detective Steve Jensen share their experiences dealing with these crimes every day.

The Utah Attorney General’s Office handles thousands of requests for public records every year. The Government Records Access and Management Act (GRAMA) is the way they can get it.

Typically, it is a request from an individual who has a legal interest in a case, or a reporter who requests records in order to complete a story. But not all the documents our office generates are available to the public—they’re specifically not public, due to confidentiality or privacy concerns.

The GRAMA process exists in order for our office to have a process to handle requests with care. Today, the Legally Speaking guest is Lonny Pearson, the GRAMA Coordinator.

At the beginning of 2024, a new law called the Utah Consumer Privacy Act took effect. It’s something all consumers should know about.

The new law includes important protection that gives consumers the right to find out the extent a company may be using your personal information. It also includes responsibilities for businesses to ensure they’re complying with the law.

On Legally Speaking this week, to give an overview of the significance of the UCPA, are Assistant Attorney Generals Lana Taylor and Brett Nedick, and Katie Has, Director of the Consumer Protection Division.

This news release has details and important links about the Utah Consumer Protection Act:

January 1, 2024: Under a new state law, Utah consumers have the right to access and control their personal data. The Utah Consumer Privacy Act (UCPA) took effect on December 31, 2023. Under the new law, the UCPA also requires businesses to protect personal data and provide consumers with information about how they can exercise their rights.

The UCPA gives consumers the right to:

·        find out if a business is processing their personal data;

·        access their personal data;

·        request that a business delete their personal data;

·        obtain a copy of their personal data; and

·        opt out of having their personal data sold or used for advertising.

Consumers may exercise these rights by submitting a request to a business. The business then has 45 days to respond to the consumer’s request.

Some of the new requirements that businesses must comply with include:

·        protecting the confidentiality and integrity of consumers’ personal data;

·        reducing the risk of harm relating to the processing of personal data;

·        providing consumers with clear and accessible privacy notices;

·        informing consumers about how they can opt out of the sale or the processing of their personal data for targeted advertising; and

·        notifying consumers before processing sensitive personal data.

The Utah Division of Consumer Protection’s website provides educational materials about the UCPA and a complaint form for consumers at https://dcp.utah.gov/ucpa/ . The Utah Attorney General’s Office’s website provides information about the UCPA and a link to the new law at https://attorneygeneral.utah.gov/how-can-consumers-protect-their-personal-data/ 

More than 35 years ago, Ralph Menzies robbed, kidnapped, and murdered Maurine Hunsaker. At the time, she was a single mother who worked at a convenience store. 

For his heinous crimes, he was sentenced to death. It has taken all this time for Maurine's family to find justice in this case. 

Once all appeals had been exhausted, the Attorney General's Office requested an execution warrant. But now, there are new developments in the case.

In this Legally Speaking segment, Assistant Solicitor General Erin Riley discusses the Menzies case as of 2/5/2024.

The Division of Child and Family Support represents the State Office of Recovery Services in doing the legal work necessary to ‘promote responsibility’. We help ensure that parents are financially responsible for their children by providing child support services and support for children in care.

This work includes child support, enforcing child support orders, and recovering benefits. We also work to help ensure public funds are used appropriately through the efforts of our Bureau of Medical Collections.

In this edition of Legally Speaking, listen to Section Director Will Miller and Assistant Attorney General Ben Stoneman as they address important questions about what the office does and its significance for Utah families.

Carol Verdoia has served as a valuable leader at the Utah Attorney General's Office's Child Protection Division for 33 years. In conjunction with the state Division of Child and Family Services, our attorneys and staff ensure the immediate protection of Utah children. It is our goal to eradicate abuse and neglect from the home.

During this edition of Legally Speaking, Carol discusses her work at the office, how the rigors of child protection have changed, and how the state is adapting.

In our society, having a driver's license is an essential part of living. Now imagine losing that privilege.

Thousands of Utahns experience that every year when their license is taken away. This can happen in a variety of ways. In the case of revoking or suspending a license, however, it is a completely different story.

The Attorney General's Office represents the Driver's License Division's legal needs concerning this drastic step. Usually, these actions target people who violate the law so badly that they are in a bind.

Rebecca Waldron, one of our Assistant Attorney Generals, is here to provide information on how these cases are handled by the state and how the process works.

Tis the season to rip off retailers? Join us for this December edition as Richard Piatt interviews Detective Steve Jensen, Special Agent with the AGO CASE Strike Force Team. Learn more about why retail theft is common in Utah and why CASE and Operation Holiday Steal are part of the solution. 

Learn more about the Ralph Menzies case and why Utah is seeking a death warrant. Erin Riley, the Capitol Coordinator for the state, and an Assistant Attorney General for Utah, joins Richard Piatt in this episode to speak more about the Menzies case in detail and Utah's execution process.

How will Utah's roads accommodate for future massive growth? In this episode, we talk with Mark Burns, Director of Utah's Highways & Utilities Division, about the legal considerations that surround the creation and maintenance of roads and highways in Utah.

In this podcast, we explore the danger of sextortion on the internet today, a threat that affects both adults and children. Listen in as we speak with Sarah Lundquist, a special agent who specializes in sextortion cases. Discover what sextortion is, its prevalence, and ways to combat it.

Utah and Wyoming teamed up to sue the BLM for skipping a step in the process before they imposed a new rule that significantly impacts land management and restricts your use of millions of acres of federal land.

The BLM Rule restricts access in the interest of conservation but Utah and Wyoming are fighting back saying the new rule was put into place illegally. The States say the BLM Rule doesn't comply with the National Environmental Policy Act (NEPA), which requires the study of the environmental effects of new rules on federal land.

The Utah Attorney General’s Office is on top of this lawsuit saying the BLM exceeded its authority—limiting access to $245 million acres nationwide of federal public land, including $22.8 million acres here in Utah.

In this episode, we're speaking with Jason Deforest, an assistant attorney general in our office, who is overseeing this lawsuit.

In this edition of Legally Speaking, we examine the legal issues surrounding Taberon Honie’s death sentence, which is set to be carried out August 8, 2024.

Honie has been on Utah’s Death Row for 25 years. In June 2024, he made one last plea for clemency with the Board of Pardons and Parole, but other than that, his death warrant has been signed and his execution set for August 8. We’ll update the case as of July 17, 2024.

Background on this case: In 1999, Honie was convicted of the extremely violent murder of his girlfriend’s mother, Claudia Benn, in Cedar City. Benn was viciously and repeatedly stabbed, to the point of mutilation. Honie was arrested at the scene, confessing: “I stabbed her. I killed her with a knife.” Benn’s three granddaughters were present during the murder, all had blood on them, and a four-year-old was sexually assaulted.

Graphic details set the stage for our conversation with Daniel Boyer, Assistant Solicitor General in the AG’s Office Criminal Appeals Division.

Utah State law protects Utahns from excess pollution, unsafe conditions and more—and the Attorney General’s Office helps enforce those rules.

When it comes to preserving safe, healthy air, water and land, the Division of Environmental Quality has a big job. Most of the time, any violation of the rules is caught, noted, and remedied quickly. But when it keeps happening, that’s when the legal process starts and the AG’s office gets involved.

The process is an interesting one, and we learn more about it in our Legally Speaking conversation with Marina Thomas, Director of our Environmental Section.

Marina oversees air quality specifically, but the process is the same for water, radiation control, drinking water and hazardous waste.

In this Legally Speaking edition, we speak with Assistant Solicitor General Karen Klucznik about the recent State v. Smith Appeals Court victory.

The Utah Court of Appeals recently ruled in favor of the Utah Attorney General’s Office, and on behalf of victims, by setting limits to the widely-used Extreme Emotional Distress defense in murder cases.

It’s taken more than a decade for this case to work through the Utah legal process. With the help of recent legislation, new standards apply about when a defendant can say in court that they 'lost control' and shouldn't face the maximum penalty because they reacted violently to a situation.

This case centers on Daniel Smith, a husband who shot his wife seven times - 25 minutes after she told him she wanted a divorce and was leaving him. He said he was traumatized and shot his wife in an emotional haze. So, he wanted to claim an extreme emotional distress defense that would have lowered a murder conviction to manslaughter. Based on the case facts, the trial court denied the defense. The Utah Court of Appeals recently affirmed the trial court’s ruling and Smith’s murder conviction.

The bottom line is, because of the statutory changes to the EED defense and the court of appeals’ ruling, defendants who kill their intimate partners when their partners try to leave may find they are less able to use the extreme emotional defense as a mitigating factor, due to the timeline, level of violence, and other factors.

Assistant SG Klucznik has argued extreme emotional distress cases for many years and joins us now to examine the implications of the Appeals Court ruling.

Utah’s Children’s Justice Centers are in nearly every county in the state and are a safe place for abused children to talk about and provide evidence regarding what they’ve been through. These CJCs look like residential homes to provide a comfortable, secure environment for interviewing young victims of violent crime.

The Utah Attorney General’s Office oversees the state’s CJCs, designed as important “safe houses.” There, specially trained investigators help children talk about what they’ve been through as part of an ongoing investigation. What they say can be used in court. It’s a compassionate way to deal with the dispassionate prosecution of a criminal case.

In Part 1, we spoke to the CJC's Deputy Director, Heather Stewart. In this Legally Speaking episode, Part 2, we hear from Matthew Janzen from the Davis County Attorney’s Office about the CJC's importance there.

Utah’s Children’s Justice Centers are in nearly every county in the state and are a safe place for abused children to talk about and provide evidence regarding what they’ve been through. These CJCs look like residential homes to provide a comfortable, secure environment for interviewing young victims of violent crime.

The Utah Attorney General’s Office oversees the state’s CJCs, designed as important “safe houses.” There, specially trained investigators help children talk about what they’ve been through as part of an ongoing investigation. What they say can be used in court.

It’s a compassionate way to deal with the dispassionate prosecution of a criminal case. In this special two-part Legally Speaking, we first speak to the CJC’s Deputy Director, Heather Stewart, who loves to educate people about it. In part two, we will hear from Matthew Janzen from the Davis County Attorney’s Office about the CJC's importance there.

Intense—immersive—realistic.

VirTra training can put you into dicey situations that result in lethal force, or not. The Utah Attorney General’s Office is proud to employ VIRTRA training. It is realistic training with situations police officers face daily, which are not easy.

It’s an exciting tool that uses giant screens, intense surround sound, and a real-but-disabled handgun. Different situations play out on the screens as the trainee, playing the part of a police officer, moves around and shouts commands—trying to diffuse what’s occurring without using their weapon.

Sometimes it works, and sometimes it doesn’t.

Join us on this Legally Speaking episode as we dive deeper into VirTra training with Will Fowlke, the Training Center Director for the Investigations Division.