FILED DISTRICT COURT

Third Judicial District

WALTER F. BUGDEN, JR. (480) JUL 2 ] 2021
TARA L. ISAACSON (7555)
Salt Lake County
BUGDEN & ISAACSON, LLC. By:.
445 East 200 South, Suite 150 Deputy Cteric
Salt Lake City, UT 84111
Telephone: (801)467-1700
Facsimile: (801)746-8600

Attorneys for Defendant

IN THE THIRD DISTRICT COURT, SALT LAKE DEPARTMENT

SALT LAKE COUNTY, STATE OF UTAH

STATE OF UTAH,

Plaintiff, STATEMENT OF DEFENDANT IN

SUPPORT OF GUILTY PLEA AND
vs. CERTIFICATE OF COUNSEL

DANIEL WAYNE CLARK, Case No. 211902653

Defendant. Judge Mark Kouris

I, Daniel Wayne Clark, hereby acknowledge and certify that I have been advised

of and that I understand the following facts and rights:

NOTIFICATION OF CHARGES

I am pleading guilty to the following crimes:

Crime & Statutory Provision Degree Punishment Min/Max

and/or Minimum
Mandatory

Communication Fraud Third Degree $5,000 fine; 90%

U.C.A.§ 76-10-1801 (1)(d) Felony surcharge; 0 to 5 years at
Utah State Prison;

Communication Fraud Third Degree $5,000 fine, 90%

U.C.A.§ 76-10-1801 (1)(d) Felony surcharge; 0 to 5 years at
 Utah State Prison

I have received a copy of the Amended Information against me. I have read it, or

had it read to me, and I understand the nature and the elements of the crimes to which I

am pleading guilty.

The elements of the crimes to which I am pleading guilty are:

1. On March 25, 2019, in Salt Lake County, State of Utah, the defendant

devised a scheme or artifice to defraud another or to obtain from another money,

property or anything of value by means of false and fraudulent pretenses,

representations, promises, or material omissions, and who communicated with any

person by any means for the purpose of executing or concealing the scheme or artifice;
to wit: the defendant devised a scheme to defraud the Division of Parks and Recreation

by awarding a state bid to his company, Colt Paving, Inc. for re-grading work done at
Rockport State Park and was paid for work thatwas not completed (Invoice #32159).

The value of the money obtained exceeded $1,500 but was less than $5,000.
2. On November 15, 2019, in Salt Lake County, State of Utah, the defendant

devised a scheme or artifice to defraud another or to obtain from another money,

property or anything of value by means of false and fraudulent pretenses,

representations, promises, or material omissions, and who communicated with any

person by any means for the purpose of executing orconcealing the scheme or artifice;
to wit: the defendant devised a scheme to defraud the Division of Parks and Recreation

by awarding a state bidto his company, Colt Paving, Inc. for re-grading work done at
Rockport State Park and was paid for work that was not completed (Invoice #111519).

The value of the money obtained exceeded $1,500 but was less than $5,000.

I understand that by pleading guilty, I will be admitting that I committed the

crimes listed above. I stipulate and agree that the following facts describe my conduct

and the conduct of other persons for which I am criminally liable. These facts provide a

basis for the court to accept my guilty pleas and prove the elements of the crimes to

which I am pleading guilty:

Defendant, Daniel Wayne Clark, worked for the State of Utah Department of

Natural Resources (DNR). Clark was the Construction and Development Manager for

the Division of State Parks and Recreation within the Department of Natural

Resources. Clark was hired by the Department in 1997. He began working for the

Division of Parks and Recreation in 2007. Clark started Colt Paving Inc in February

1996, before he began working for DNR. Clark had authorityto authorize bids for

repairs to parking lots and otherareas of state parks when the amount of the repair bid
was below $5,000. Without informing his employer, DNR of his paving business, Clark

awarded his business, Colt Paving, Inc. two repaircontracts (Counts I and II of the

Amended Information) for amounts over $1,500 but less than $5,000 on March 25, 2019

and November 15, 2019 at Rockport State Park. Although Clark awarded the two bids

to his own company and received payment for both bids, neither Clark, nor Clark's

company did the work required by the bids. Accordingly, Clark devised a scheme or
artifice to defraud the State of Utah, Department of Natural Resources to obtain money

by the false and fraudulent pretense of: (1) concealing the creation of his paving
company from his employer; (2) awarding repair bid contracts to his own company

without informing his employer or seeking bids from other companies; (3)

submitting fraudulent invoices representing that repair work had been done when, in

fact, no work was done; (4) and receiving payments when no work was done all in

violation of Utah Code Ann. Section 76-10-1801 (1)(c).

WAIVER OF CONSTITUTIONAL RIGHTS

I am entering these pleas voluntarily. I understand that I have the following rights

under the constitutions of Utah and of the United States. I also understand that if I

plead guilty, I will give up all the following rights:

Counsel: I know that I have the right to be represented by an attorney and that if

I cannot afford one, an attorney will be appointed by the court at no cost to me. I

understand that I might later, ifthe judge determined that I was able, be required to pay

for the appointed lawyer's service to me.

I have not waived my right to counsel. Myattorney is Walter F. Bugden, Jr. My

attorney and I have fully discussed this statement, my rights, and the consequences of

my guilty pleas.

Preliminary Hearing. For any case involving a Class A Misdemeanor or greater,

I have a right to a preliminary hearing where the State carries the burden of proof and

the magistrate is required to find probable cause that the crimes listed in the information

were committed and that I committed them. I have the right to cross examine the State's

witnesses, to testify, to call witnesses, and to present evidence if I so choose. Ifthe

State fails to meet this burden, I am entitled to a dismissal of charges. If no preliminary

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hearing was held in this case, I am giving those rights up by pleading guilty with the

consent of the prosecuting attorney.

Jury Trial: I know that I have a right to a speedy and public trial by an impartial

(unbiased) jury and that I will be giving up that right by pleading guilty.

Confrontation and Cross-Examination of Witnesses: I know that if I were to

have a trial, (a) I would have the right to see and observe the witnesses who testified

against me, and (b) my attorney would have the opportunity to cross-examine ail of the

witnesses who testified against me.

Right to Compel Witnesses: I know that if i were to have a trial, I could call

witnesses if I chose to, and I would be able to obtain subpoenas requiring the

attendance and testimony of those witnesses. If I could not afford to pay for the

witnesses to appear, the State would pay those costs.

Right to Testify and Privilege Against Self-incrimination: I know that if I were

to have a trial, I would have the right to testify on my own behalf. I also know that if I

chose not to testify, no one could make me testify or make me give evidence against

myself. I also know that if I chose not to testify, the jury would be told that they could

not hold my refusal to testify against me.

Presumption of Innocence and Burden of Proof: I know that if I do not plead

guilty, I am presumed innocent until the State proves that I am guilty of the charged

crimes. If I choose to fight the charges against me, I need only plead "not guilty," and

my case will be set for trial. At a trial, the State would have the burden of proving each
element of the charges beyond a reasonable doubt. Ifthe trial is before a jury, the

verdict must be unanimous, meaning that each juror would have to find me guilty.

I understand that if I plead guilty, I give up the presumption of innocence and will

be admitting that I committed the crimes stated above.

Appeal: I know that under the Utah Constitution, if I were convicted by a jury or

judge, I would have the right to appeal my conviction and sentence. If I could not afford

the costs of an appeal, the State would pay those costs for me. I understand that I am

giving up my right to appeal my conviction if I plead guilty. I understand that if I wish to

appeal my sentence, I must file a notice of appeal within 30 days after my sentence is

entered.

I know and understand that by pleading guilty, I am waiving and giving up

all the statutory and constitutional rights as explained above.

CONSEQUENCES OF ENTERING A GUILTY PLEA

Potential Penalties: I know the maximum sentence may be imposed for each

crime to which I am pleading guilty. I know that by pleading guilty to a crime that carries

a mandatory penalty, I will be subjecting myself to serving a mandatory penalty for that

crime. I know my sentence may include a prison term, fine, or both.

I know that in addition to a fine, a ninety percent (90%) surcharge will be

imposed. I also know that I may be ordered to make restitution to any victim(s) of my

crimes, including any restitution that may be owed on charges that are dismissed as

part of a plea agreement.

 Consecutive/Concurrent Prison Terms: I know that if there is more than one

crime involved, the sentences may be imposed one after another (consecutively), or

they may run at the same time (concurrently). I know that I may be charged an

additional fine for each crime that I plead to. I also know that if I am on probation or

parole, or awaiting sentencing on another offense of which I have been convicted or

which I have plead guilty, my guilty pleas now may result in consecutive sentences

being imposed on me. Ifthe offense to which I am now pleading guilty occurred when I

was imprisoned or on parole, I know the law requires the court to impose consecutive

sentences unless the court finds and states on the record that consecutive sentences

would be inappropriate.

Plea Agreement: The terms of my plea agreement are as follows:

1. I shall plead to two counts of communication fraud, third degree felonies;

2. I shall enter Alford guilty pleas pursuant to Rule 11(i)(1 ),(2),(3) of the Utah

Rules of Criminal Procedure;

3. The parties will jointly recommend no jail;

4. The parties will jointly recommend that complete and court-ordered

restitution of $25,000 be ordered by the Court, to be paid within 30 days after

sentencing pursuant to Rule 11(i)(1),(2),(3) of the Utah Rules of Criminal Procedure;

4. I will be placed on court probation for two years;

5. I agree to be sentenced without a presentence report;

 6. The parties agree that I shall not request early termination of probation,

and shall not request a Section 402 reduction of sentence by one degree within two

years of the imposition of the sentence.

Trial Judge Not Bound: I know that any charge or sentencing concession or

recommendation of probation or suspended sentence, including a reduction of the

charges for sentencing, made or sought by either defense counsel or the prosecuting

attorney, are not binding on the judge. I also know that any opinions they express to me

as to what they believe the judge may do are not binding on the judge.

Gun Rights Restrictions. I understand that if I enter a plea of guilty or no

contest to certain offenses, or a plea of guilty and mentally ill to any offense, I will

become a "restricted person," giving up for at least some period my right to

possess, purchase, transfer, or own firearms or ammunition under State law

(including Utah Code 76-10-503, 76-10-503.1, 77-36-1, and other Utah statutes)
and/or federal law (including 18 U.S. Code § 922, 28 U.S. Code § 5861, and

other federal statutes). I understand such restrictions would include requiring me

to forfeit each firearm I currently possess or own. I understand that the types of

charges that will subject me to the above-mentioned restrictions if I plead guilty,

guilty and mentally ill, or no contest include, but are not necessarily limited to, any
charge involving a felony, domestic violence (DV), or a controlled substance. By

signing below, I acknowledge that my lawyer or the prosecuting attorney has

informed me of the above restrictions and of the criminal penalties I could face for
 possessing firearms or ammunition in the future, considering the particular
charge(s) to which I am entering a plea.

Immigration/Deportation: I understand that if I am not a United States

citizen, my plea(s) today may, or even will, subject me to deportation under United

States immigration laws and regulations, or otherwise adversely affect my

immigration status, which may include permanently barring my re-entry into the

United States. I understand that if I have questions about the effect of my plea on

my immigration status, I should consult with an immigration attorney.

DEFENDANT'S CERTIFICATION OF VOLUNTARINESS

I am entering these pleas of my own free will and choice. No force, threats, or

unlawful influence of any kind have been made to get me to plead guilty. No promises

except those contained in this statement have been made to me.

I have read this statement, or I have had it read to me by my attorney, and I

understand its contents and adopt each statement in it as my own. I know that I am free

to change or delete anything contained in this statement, but I do not wish to make any

changes because all of the statements are correct.

I am satisfied with the advice and assistance of my attorney.

I am 60 years of age. I have attended school through 16 grades. I can read and

understand the English language. If I do not understand English, an interpreter has

been provided to me. I was not under the influence of any drugs, medication or

intoxicants which would impair my judgment when I decided to plead guilty. I am not
presently under the influence ofany drug, medication or intoxicants which impair my
judgment.

I believe myself to be ofsound and discerning mind and to be mentally capable

ofunderstanding the proceedings and the consequences of my plea. 1am free ofany
mental disease, defect or impairment that would prevent me from understanding what I

am doing or from knowingly, intelligently and voluntarily entering my plea.

I understand that if Iwant to withdraw my guilty pleas, I must file a written

motion to withdrawmy pleas before sentence is announced. I understand that for

a plea held in abeyance, a motion to withdraw from the plea agreement must be
made within 30 days of pleading guilty or no contest. Iwill only be allowed to
withdraw my plea if Ishowthat itwas notknowingly and voluntarily made. I
understand that any challenge to my pleas made after sentencing must be
pursued under the Post-Conviction Remedies Actin Title 78, Chapter 35a, and
Rule 65C of the Utah Rules of Civil Procedure.

DATED this12_ day of July, 2021.

^>/wA CJU^^
DEFENDANT

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 CERTIFICATE OF DEFENSE ATTORNEY

I certify that I am the attorney for Daniel Wayne Clark, the Defendant above,

and that I know he has read the statement or that I have read it to him. I have

discussed it with him and believe that he fully understands the meaning of its contents

and is mentally and physically competent. To the best of my knowledge and belief,

after an appropriate investigation, the elements of the crimes and the factual synopsis

of the Defendant's criminal conduct are correctly stated and these, along with the other

representations and declarations made by the Defendant in the foregoing affidavit, are

accurate and true. /s/ Walter F. Bugden. Jr. .

Walter F. Bugden, Jr.
Attorney for Defendant/Bar # 480

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 CERTIFICATE OF PROSECUTING ATTORNEY

I certify that I am the attorney for the State of Utah in the case against, Daniel

Wayne Clark, the Defendant. I have reviewed this Statement of Defendant and find that

the factual basis of the defendant's criminal conduct which constitutes the offenses is

true and correct. No improper inducements, threats or coercion to encourage a plea

have been offered Defendant. The plea negotiations are fully contained in the

Statement and in the attached Plea Agreement or as supplemented on record before

the Court. There is reasonable cause to believe that the evidence would support the

conviction of Defendant for the offenses for which the pleas are entered and the

acceptance of the pleas would serve the public interest.

DATED this day of July, 2021.

/s/ Jojim /tfatmos

Janise Macanas
PROSECUTING ATTORNEY
Bar No. 8065

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 ORDER

Based upon the facts set forth in the foregoing Statement and the certification of

the Defendant and counsel, and based on any oral representations in court, the Court

witnesses the signatures and finds the Defendant's guilty pleas are freely, knowingly,

and voluntarily made.

IT IS HEREBY ORDERED that the Defendant's guilty pleas to the crimes set

forth in this Statement be accepted and entered.

ENTERED IN COURT this ^ day ot>rply, 2021.

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