Lawyer gets probation for double dipping

Richard David Wyss, an attorney who took on two full-time legal jobs with the state and federal governments but lied about the dual employment, was sentenced to 36 months' probation Tuesday.

U.S. District Judge Clark Waddoups also ordered Wyss to pay restitution of approximately $188,000 and perform community service.

Wyss had worked for the Utah Attorney General's Office from 1988 to September 2003 as an assistant attorney general, and starting in 2002, that agency required Wyss to provide legal assistance to the Utah Department of Public Safety.

Wyss left the attorney general's office and became full-time legal counsel and budget director for DPS from September 2003 to October 2007. During that same time, Wyss began working as full-time legal counsel for the Transportation Security Administration.

As part of a plea bargain, Wyss admitted he made false statements regarding the two jobs.

Wyss' lawyer, Rodney Snow, pointed out that Wyss had great job evaluations and both sets of employers were pleased with his work. But Snow agreed with prosecutors that it was wrong to lie about the dual employment. "He has acknowledged his mistake and it has had a devastating effect on his life," Snow said. "He's been a good lawyer … he made a bad mistake."

Assistant U.S. attorney Robert Lund, however, said it was impossible for Wyss to have worked the 80 hours he claimed he put in for both agencies, especially since Wyss has time-consuming church volunteer work, teaches at a community college and has family responsibilities.

Robert Morton, who has taken over Wyss' former DPS job, expressed dismay at what he characterized as Wyss' lack of acceptance of responsibility for what he did. Morton said Wyss seriously abused the position he held, did not properly represent such important clients as POST (Peace Office Standards and Training), and did such things as charge the government fully for a costly out-of-state five-day conference when he attended only a day or two, traveled in a limo and stayed at a hotel 120 miles away.

But Wyss said he has taken responsibility for his actions.

"I do regret what I did. I am very sorry for the impact on my family, on co-workers. My regret will continue for the rest of my life," he told the court.

Waddoups said he was at a loss as to why Wyss would do what he did. "This case is an anomaly," the judge said.

True, Wyss was paid for two jobs, but it appeared both employers were satisfied at the time with his performance, Waddoups said. "The motivation is almost impossible to understand."

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