_________________________________________________________________

IN THE THIRD DISTRICT COURT - ALL DEPARTMENT

IN AND FOR SALT LAKE COUNTY, STATE OF UTAH

_________________________________________________

AFFIDAVIT FOR SEARCH WARRANT

STATE OF UTAH )
:ss
County of Salt Lake )

The undersigned affiant, Special Agent PATRICIA ISHMAEL REED of Utah Attorney
General's Office, upon an oath or written affidavit subscribed under criminal penalty,
declares:

That your affiant has reason to believe:

THAT

On the premises known as 5272 S. College Drive, Murray, Utah, further described
as the Utah Attorney General's Office, Investigation Division, Evidence Room;

On the item(s) described as: #1 HP EliteBook Laptop, Silver, S/N

#5CG7075W2C, and its digital contents

#2 Apple iPhone 7 Plus, Black, S/N #C39TPBAZHFY1, and its digital contents

#3 Four (4) iPhones (4, 4s, 5, 6s Plus), and their digital contents

#4 PNY 32 GB Thumb Drive, and its digital contents

#5 12 Thumb Drives, and their digital contents

#6 20- SD Cards, 11 Thumb Drives, and their digital contents

#7 Three (3) CD-Rs, and their digital contents

#8 Nikon CoolPix Camera, Silver, in Case w/Three (3) SD Cards, and their
digital contents

#9 16 CD-Rs/DVD-Rs, and their digital contents

- Page 1 of Affidavit for Search Warrant No. 2130391 -

 #10 Four (4) Thumb Drives, One (1) Micro SD Card, Two SD Adapters, and
their digital contents;

In the City of Murray, County of Salt Lake, State of Utah, there is now certain property
or evidence described as:

Documents, records, communications, digital images, videos, or other data

in whatever form, which are or contain evidence of or pertain to the crime of
Communications Fraud, § 76-10-1801, Theft by Deception, § 76-6-405, and/or
Pattern of Unlawful Activity, § 76-10-1603, including;

Evidence of use to communicate with others about or pertaining to the crime

of Communications Fraud, § 76-10-1801, Theft by Deception, § 76-6-405,
and/or Pattern of Unlawful Activity, § 76-10-1603, via incoming or outgoing calls,
missed calls, chat sessions, instant messages, text messages, voice memo,
voice mail, SMS or MMS communications, emails, internet usage, and the like;

Other evidence of or pertaining to use of the devices in connection with the

crime of Communications Fraud, § 76-10-1801, Theft by Deception, § 76-6-405,
and/or Pattern of Unlawful Activity, § 76-10-1603, which may be found in call
logs, photographs, images, videos, documents, contact lists, address lists,
internet searches, or other data storage within the devices;

Data, documents, records, images, videos, contact lists, or other items in

whatever form, tending to identify the subscriber of the device, the user of the
device, and/or possessor of the device, and/or dominion and control of the
device.

and that said property or evidence:

Was unlawfully acquired or is unlawfully possessed;

has been used or is possessed for the purpose of being used to commit or
conceal the commission of an offense; or

is evidence of illegal conduct.

Affiant believes the property and evidence described above is evidence of the crime
or crimes of Communications Fraud - § 76-10-1801, Theft by Deception - § 76-6-405,
and Pattern of Unlawful Activity - § 76-10-1603. The search procedure will be
performed as outlined in the Search Procedure on the affidavit.

The facts to establish the grounds for issuance of a Search Warrant are:

I am a certified law enforcement officer of thirty-six (36) years. I am currently

certified through the Utah Peace Officers Standards and Training (POST). I am

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presently employed as a Special Agent with the Utah Attorney General’s Office,
Investigation Division, assigned to the Special Investigations Unit (SIU). I have
been given the responsibility to investigate complaints occurring in the State of
Utah related to financial crimes, public corruption and other criminal investigations
as assigned. Prior to my employment with the Utah Attorney General’s Office,
I was a law enforcement officer with the Sandy City Police Department for
twenty-four (24) years.

Prior to being assigned to the SIU, I was assigned to the Internet Crimes Against
Children (ICAC) Task Force for eleven (11) years. While assigned to the task
force, I completed training classes on using search tools such as Knoppix,
Image Scan, TUX4N6, Forensic Tool Kit, EnCase, and osTriage. I completed
the ICAC Investigative Techniques Training Class and ICAC Undercover Chat
training classes and learned how to conduct on-line enticement investigations.
I received training in Peer 2 Peer investigations and how to investigate Peer 2
Peer file sharing of child pornography. I also received certifications in Basic and
Intermediate Data Recovery and Analysis (BDRA and IDRA) through the National
White Collar Crime Center. I have earned a Bachelor of Science degree in Criminal
Justice/Law Enforcement from Weber State University.

On June 20, 2020, I, Special Agent Patricia Reed was assigned this case by
Supervisory Special Agent (SSA) Aaron Jones. This case was referred to the Utah
Attorney General’s Office (UAGO) – Investigations Division, Special Investigation
Unit (SIU) by the Utah Department of Natural Resources, Division of State Parks
& Recreation. SSA Jones asked me to contact Scott Strong, the Deputy Director
of Business Management for the Utah Division of State Parks & Recreation.
The case is documented under Utah Attorney General’s Office case number
AG2020-340.

Scott Strong said in March 2020 an internal audit of Utah State Parks and
Recreation was conducted. Around the first part of July 2020, Scott Strong
asked for, and received, a copy of the internal audit sampling for his review.
Scott explained that when an audit is performed, not every vendor’s invoices are
reviewed; only 4-5 invoices, or sampling, are reviewed. He said he has experience
with internal audits, and he wished to review the results.

Scott Strong said as he was reviewing the samples, he noticed one sample stood
out for vendor Colt Paving Inc. Scott noticed many of the invoices from Colt Paving
Inc. were for just under $5,000.00, which caused him concern because if a bid is
over $5,000.00 it has to go through a process with different controls. Scott also
noticed some of the asphalt repair work was conducted during the winter months,
which isn’t typically done.

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Scott Strong said he conducted a web search of Colt Paving Inc. and discovered
the business belonged to employee Daniel Wayne Clark, and listed Clark’s home
address of 608 East 1250 South, Kaysville, Utah.

Scott Strong gave me the following information on Daniel Wayne Clark:

Daniel Wayne Clark

Construction and Development Manager for Utah Division of State Parks &
Recreation
DOB: June 9, 1961
608 East 1250 South, Kaysville, UT 84037
801-451-0925 (home), 801-721-7379 (cell)

Being concerned that repair work had not actually been done, Scott Strong said he
contacted the Park Manager for Jordanelle and asked if road repair work had been
done at Jordanelle in February 2020. The Park Manager told him he didn’t recall
any repair work being done. Scott Strong contacted the Park Manager for East
Canyon and asked if road repair work had been done at East Canyon in March
2020. The Park Manager for East Canyon said he didn’t know of any repairs that
were done. Scott said that Park Managers are typically aware of repairs being
done on the State Parks they oversee.

Scott Strong said Tiffany Swaner, Daniel W. Clark's accountant, told him that
Daniel W. Clark would hand her bids/invoices for Colt Paving Inc. She said the
invoices from Colt Paving Inc. were never folded, as most bids/invoices are
because they are mailed in. She said he often brought them in with a stack of other
bids/invoices. After receiving the bid/invoice, she would enter the information into
FINET so Colt Paving Inc. would get paid. Scott Strong suspects Daniel W. Clark
was printing the Colt Paving Inc. invoices in his office, then taking them to Tiffany
Swaner.

Scott Strong said Daniel W. Clark was hired June 16, 1997. He started working for
the Dept. of Facilities & Construction Management (DFCM) in 1998. In 2007 he
came to work for Utah Division of State Parks & Recreation. Part of his assignment
was to manage construction projects, large and small. Scott Strong said Daniel
W. Clark manages the asphalt repair budget and accepts bids from vendors. Scott
Strong said Daniel W. Clark abused his authority by awarding multiple contracts
to Colt Paving Inc. without disclosing he was the president of the company. His
failure to divulge his relationship with Colt Paving Inc. is a conflict of interest and
violates many Utah State policies and rules.

Scott Strong contacted the Finance Manager for the Utah Division of State Parks
& Recreation, Debbie Stufflebeam. Debbie researched Colt Inc. and Colt Paving
Inc. and learned the State of Utah has paid them approximately $1.3 million
dollars from the year 2000 through 2020. Debbie provided Scott Strong with six

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(6) invoices from Colt Paving Inc. and six (6) copies of checks that the State of
Utah has paid Colt Paving Inc. within the past year. On the back, the check is
signed by Daniel W. Clark and deposited into Goldenwest Credit Union account
#2248064, account name Colt. Inc.

Scott Strong said he reviewed an invoice from Colt Inc., and it had Daniel Clark’s
personal cell phone # as the business number. Scott noted it was the same cell
phone # their office has on file for Daniel W. Clark. Scott said the invoice only had
a P.O. Box in Kaysville for an address. Scott said contractors are required to have
a physical address on their invoices.

Scott Strong said he and the Utah Division of Parks & Recreation Director, Jeff
Rasmussen, interviewed Daniel W. Clark on July 16, 2020. He said Daniel denied
being involved with Colt Paving Inc. but did admit that the phone number of the
Colt Paving Inc. was his. Scott Strong said Daniel was less than forthright when
answering their questions. Scott Strong said Daniel Clark was asked if Colt Paving
Inc. had actually completed the work the company had been paid for. Daniel Clark
said yes, and said he took pictures of the completed repair work. Scott Strong said
Daniel W. Clark was terminated on July 17, 2020.

Scott Strong said Daniel W. Clark had been issued a State of Utah vehicle for use
during his employment. When the vehicle was searched, Scott Strong said Law
Enforcement Director Todd Royce found two totes. When he looked inside, he
saw a file that said “Goldenwest Credit Union”. Todd Royce also found a black bag
in the vehicle. Inside was a checkbook for Goldenwest Credit Union for Colt. Inc,
account # 2248064, and a checkbook register. Scott Strong said he looked at the
checkbook register, saw the large deposit amounts, which he believed were from
the State of Utah, and noticed there were no supply expenses, which he thought
was strange for a paving company. Scott Strong saw payments for credit cards,
car insurance, and cash to name a few. Scott Strong saw a Goldwest VISA debit
card in the name of Daniel W. Clark. Scott Strong said Daniel W. Clark told them
the totes and the black bag were his personal items and he wished to have them
returned to him, which they were. Prior to releasing the black back to Daniel W.
Clark, Scott Strong took photographs of the contents described above.

Scott Strong said there was a laptop computer, cell phone, and other digital
devices in Daniel W. Clark's office that belonged to Utah State Parks and
Recreation and were used by Daniel W. Clark during the course of his
employment. At the request of Scott Strong, I assisted him with the search of
Daniel W. Clark’s office and the vehicle he had been assigned. Daniel W. Clark’s
office is located near Scott Strong’s office at 1594 West North Temple, Salt Lake
City, Utah. This is the address for the Division of Utah State Parks & Recreation.

As a result of the search of the office and vehicle used by Daniel W. Clark, we
located a laptop, five (5) cell phones, 28 thumb drives, 21 SD cards, and several

- Page 5 of Affidavit for Search Warrant No. 2130391 -

discs. I confirmed with Scott Strong that all the items we located belonged to the
Utah Division of State Parks & Recreation. He confirmed this was true, and added
that they had already returned Daniel W. Clark’s personal items, from his office
and vehicle, to him. Scott Strong said his agency would like us to conduct a search
of the items to look for evidence of fraud committed by Daniel W. Clark. Scott
Strong signed a Consent to Search form for all items on behalf of the Utah Division
of State Parks & Recreation.

Based on the information above, I believe probable cause exists that further
evidence will be located on the digital devices and their associated storage
media, owned by the Utah Division of State Parks and Recreation and used by
Daniel W. Clark during the course of his employment with the Utah Division of
State Parks and Recreation, in furtherance of the investigation of the crimes of
Communications Fraud, § 76-10-1801, Theft by Deception, § 76-6-405, and/or
Pattern of Unlawful Activity, § 76-10-1603, and there is probable cause to search
the digital devices used by Daniel W. Clark for the following items:

Documents, records, communications, digital images, videos, or other data in

whatever form, which are or contain evidence of or pertain to the crime of
Communications Fraud, § 76-10-1801, Theft by Deception, § 76-6-405, and/or
Pattern of Unlawful Activity, § 76-10-1603, including communication with others
about or pertaining to the crimes of Communications Fraud, § 76-10-1801, Theft
by Deception, § 76-6-405, and/or Pattern of Unlawful Activity, § 76-10-1603,
via incoming or outgoing calls, missed calls, chat sessions, instant messages,
text messages, voice memo, voice mail, SMS or MMS communications, emails,
internet usage, and the like;

Other evidence of or pertaining to use of the devices in connection with the

crime of Communications Fraud, § 76-10-1801, Theft by Deception, § 76-6-405,
and/or Pattern of Unlawful Activity, § 76-10-1603, which may be found in call logs,
photographs, images, videos, documents, contact lists, address lists, internet
searches, or other data storage within the devices;

Data, documents, records, images, videos, contact lists, or other items in whatever
form, tending to identify the subscriber of the device, the user of the device, and/or
possessor of the device, and/or dominion and control of the device;

The search shall be conducted in accordance with the strategy outlined in the
affidavit, to wit:

Search Procedure:

a. Authorization is requested for an agent from the Utah Attorney General’s Office
to manually search the digital devices or submit the digital devices to an agent
from the Utah Attorney General’s Office or other qualified forensic examiner

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 with specialized training in forensic programs, if necessary, for further forensic
analysis. Searching the digital devices for evidence described in the affidavit
and warrant may require a range of data analysis techniques. In some cases,
it is possible for agents to conduct carefully targeted searches that can locate
evidence without requiring a time-consuming manual search through unrelated
materials that may be commingled with criminal evidence. Similarly, agents may
be able to locate the materials covered in the warrant by looking for particular
directories or file names. However, suspects may encode communications to
avoid using key words, attempt to delete files to evade detection, or take other
steps to designed to frustrate law enforcement searches for information. This may
require agents to conduct more extensive searches, including using data analysis
techniques to view communications and other data that may have been “deleted”,
or opening certain files and scanning its contents briefly to determine whether it
falls within the scope of the warrant. In light of these difficulties, Attorney General
agents and/or forensic examiners may use whatever data analysis techniques
appear necessary to locate and retrieve the evidence described in the affidavit
and warrant.

b. The search warrant and a copy of this affidavit will be personally served on
an agent from the Attorney General’s Office with specialized training in forensic
programs or a Forensic Examiner, of the Intermountain West Regional Computer
Forensic Laboratory (IWRCFL), by law enforcement agents/officers to locate
additional evidence, if necessary.

c. Law enforcement personnel will review the information stored on the digital
evidence in addition to any forensic examination report received from the agent or
Forensic Examiner for evidence of Communications Fraud, § 76-10-1801, Theft
by Deception, § 76-6-405, and/or Pattern of Unlawful Activity, § 76-10-1603.

d. Law enforcement will maintain all original evidence in a secure environment.

This affidavit has been reviewed by Janise K. Macanas of the Utah Attorney General's
Office Office, and it has been approved for presentation to the court.

WHEREFORE, your affiant prays that a Search Warrant be issued for the seizure of
said items in the daytime.

I declare under criminal penalty of the State of Utah that the foregoing is true
and correct.

Executed on: 5th day of August, 2020 @ 11:04 AM by /s/ PATRICIA ISHMAEL
REED

- Page 7 of Affidavit for Search Warrant No. 2130391 -

 _________________________________________________________________

IN THE THIRD DISTRICT COURT - ALL DEPARTMENT

IN AND FOR SALT LAKE COUNTY, STATE OF UTAH

_________________________________________________

SEARCH WARRANT

No. 2130391

COUNTY OF SALT LAKE, STATE OF UTAH

To any peace officer in the State of Utah:

Proof by Affidavit made upon oath or written affirmation subscribed under criminal
penalty of the State of Utah having been made to me by Special Agent PATRICIA
ISHMAEL REED of Utah Attorney General's Office, this day, I am satisfied that there
is probable cause to believe

THAT

On the premises known as 5272 S. College Drive, Murray, Utah, further described
as the Utah Attorney General's Office, Investigation Division, Evidence Room;

On the items(s) described as: #1 HP EliteBook Laptop, Silver, S/N

#5CG7075W2C, and its digital contents

#2 Apple iPhone 7 Plus, Black, S/N #C39TPBAZHFY1, and its digital contents

#3 Four (4) iPhones (4, 4s, 5, 6s Plus), and their digital contents

#4 PNY 32 GB Thumb Drive, and its digital contents

#5 12 Thumb Drives, and their digital contents

#6 20- SD Cards, 11 Thumb Drives, and their digital contents

#7 Three (3) CD-Rs, and their digital contents

#8 Nikon CoolPix Camera, Silver, in Case w/Three (3) SD Cards, and their
digital contents

#9 16 CD-Rs/DVD-Rs, and their digital contents

- Page 1 of Search Warrant No. 2130391 -

 #10 Four (4) Thumb Drives, One (1) Micro SD Card, Two SD Adapters, and
their digital contents;

In the City of Murray, County of Salt Lake, State of Utah, there is now certain property
or evidence described as:

Documents, records, communications, digital images, videos, or other data

in whatever form, which are or contain evidence of or pertain to the crime of
Communications Fraud, § 76-10-1801, Theft by Deception, § 76-6-405, and/or
Pattern of Unlawful Activity, § 76-10-1603, including;

Evidence of use to communicate with others about or pertaining to the crime

of Communications Fraud, § 76-10-1801, Theft by Deception, § 76-6-405,
and/or Pattern of Unlawful Activity, § 76-10-1603, via incoming or outgoing calls,
missed calls, chat sessions, instant messages, text messages, voice memo,
voice mail, SMS or MMS communications, emails, internet usage, and the like;

Other evidence of or pertaining to use of the devices in connection with the

crime of Communications Fraud, § 76-10-1801, Theft by Deception, § 76-6-405,
and/or Pattern of Unlawful Activity, § 76-10-1603, which may be found in call
logs, photographs, images, videos, documents, contact lists, address lists,
internet searches, or other data storage within the devices;

Data, documents, records, images, videos, contact lists, or other items in

whatever form, tending to identify the subscriber of the device, the user of the
device, and/or possessor of the device, and/or dominion and control of the
device.

and that said property or evidence:

Was unlawfully acquired or is unlawfully possessed;

has been used or is possessed for the purpose of being used to commit or
conceal the commission of an offense; or

is evidence of illegal conduct.

Affiant believes the property and evidence described above is evidence of the crime
or crimes of Communications Fraud - § 76-10-1801, Theft by Deception - § 76-6-405,
and Pattern of Unlawful Activity - § 76-10-1603. The search procedure will be
performed as outlined in the Search Procedure on the affidavit.

YOU ARE THEREFORE COMMANDED:

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to make a search in the daytime of the above-named or described person, vehicle,
item, and/or premises for the herein-above described property or evidence and if you
find the same or any part thereof, retain such property in your custody subject to the
direction of a prosecutor or an order of this Court.

Dated: 5th day of August, 2020 @ 11:28 AM /s/

- Page 3 of Search Warrant No. 2130391 -

 RETURN TO SEARCH WARRANT

NO. 2130391

The personal property listed below or set out on the inventory attached hereto was
taken from the person of Special Agents with the Utah Attorney General's Office,
Investigation Division, by virtue of a search warrant dated the 5th day of August, 2020,
and issued by Magistrate PATRICK CORUM of the THIRD DISTRICT COURT - ALL
DEPARTMENT:

#1 - Hard drive containing an E01 forensic image of the HP EliteBook Laptop, S/N
#5CG7075W2C
#2 - Hard drive containing an E01 forensic image of the Apple iPhone 7 Plus, S/N
#C39TPBAZHFY1
#3 - Not searched at this time
#4 - #8 - All digital content was copied and transferred to Agent Reed's computer case
file
#9 - All digital content was copied and transferred to Agent Reed's computer case file,
with the exception of the five (5) Utah State Parks Construction Scans (which were
not copied due to disc volume)
#10 - All digital content was copied and transferred to Agent Reed's computer case file

I, Special Agent PATRICIA ISHMAEL REED of Utah Attorney General's Office, by

whom this warrant was executed, do swear that the above listed or below attached
inventory contains a true and detailed account of all the property taken by me under
the warrant, on the 10th day of August, 2020.

All of the property taken by virtue of said warrant will be retained in my custody subject
to the order of this Court or of any other court in which the offense in respect to which
the property, or things taken, is triable.

I declare under criminal penalty of the State of Utah that the foregoing is true
and correct.

Executed on: 17th day of August, 2020 @ 08:47 AM by /s/ PATRICIA ISHMAEL
REED

- Page 1 of Return of Service for Search Warrant No. 2130391 -