Ultimately, Shurtleff's office declined to indict Koerber. Giani's investigators then took their evidence to U.S. Attorney Brett Tolman, who indicted Koerber on fraud charges this spring. Shurtleff's refusal has led to questions about his and Wimmer's actions, although both men saying they acted properly.

Clark said he has on several occasions called state officials and related his concern over various issues. However, he said he's never asked Huntsman or anyone else to fire a state employee.

"I don't know about getting out the hanging rope or loading the six-gun," said Clark, a southern Utah banker, concerning any legislator's request that a state worker be terminated.

However, Clark notes that after an audit of the division by the Legislature Auditor General was conducted last year, there was an employee shake-up at the division — "so there clearly were some problems there."

Wimmer and Rep. Jim Bird, R-West Jordan, both asked for the legislative audit. And while Wimmer was concerned at the time about how Koerber was being treated/investigated, Bird had different concerns about Securities Division operations.

The audit, in fact, was critical of the division, finding there was poor employee morale, lax management and inadequate investigatory procedures. The division has had four directors in the last five years.

In some cases, a criminal complaint against an individual was dismissed in court only to see the division file a subsequent administrative complaint. The accused then had to go back to court to get that administrative complaint dismissed, as well, auditors said, giving the appearance, if not the fact, that division officials were overly aggressive.

"We should pass along (to executive bosses) if we have a negative experience, or a constituent does, with state employees," said Litvack. But a legislator should never threaten anyone or ask for anyone's firing, he added.

E-mail: bbjr@desnews.com