Update: Review granted in Grace Kelson appeal

In August 2012, the Utah Court of Appeals vacated Grace Kelson’s conviction on one count of violating the Utah Pattern of Unlawful Activity Act, because there was insufficient “continuity” in her allegedly unlawful activities.  (The activities did not occur over an extended period of time, and ended before she was charged.)  The court also reversed convictions and remanded for a new trial on one count of offer or sale of unregistered securities, one count of sale by an unlicensed broker‐dealer, agent, or investment advisor, three counts of securities fraud.

Update:  On January 14, 2013, the Utah Supreme Court granted certiorari in the case, agreeing to review the Court of Appeals’ opinion.

UPUAA conviction – St. George contractor

KSL.com reports on the conviction of a St. George contractor, Aaron Needham, on eight counts of communications fraud and one felony count under the Utah Pattern of Unlawful Activity Act, “after prosecutors say he pocketed nearly $800,000 instead of using the money to build homes in Utah and Nevada.”

This action was brought in 2010 in Washington County, Case No. 101500067.  Here are the the final jury instructions, and the Attorney General’s jury questionnaire.

If you learn of any developments involving the UPUAA, feel free to e-mail us confidentially, kporter@chrisjen.com.