Attorney General Mark Shurtleff has indicated to the media in recent weeks that when the Utah Division of Securities presented charges against Alpine Businessman Rick Koerber that he decided to pass in 2007 on pressing charges for the state, citing a lack of “evidence.”

The Division of Securities in turn, handed the evidence over to federal investigators who brought fraud charges against Koerber on May 26.

According now to a blog by Rep. Steve Urquhart, R-St. George, the amount of evidence that was insufficient for Shurtleff’s office to act on in charging Koerber was over 20 boxes.

Urquhart concedes he can’t speak to the content of the boxes of evidence but questions the AG’s for passing on the case. He also makes the case that the Gov’s office need waive certain elements of the Department of Commerce’s attorney client privileges with the AG’s so that the evidence can be explored to really figure out what is going on.

It’s an interesting point Urquhart, argues.

Essentially there is only the appearance of impropriety on Shurtleff’s part in this situation(and others). But if certain evidence could be declassified and made available for examination it could perhaps prove one way or the other if there was any undue influence affecting the Attorney General’s decision.

Frankly, I couldn’t have said it better myself.