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Ken Paxton surrenders, felony indictments unsealed

Texas Attorney General Ken Paxton surrendered at the Collin County Jail Monday morning on three felony indictments.
Texas Attorney General Ken Paxton was photographed for a mug shot when he surrendered in McKinney on August 3, 2015.

McKINNEY -- Texas Attorney General Ken Paxton surrendered at the Collin County Jail Monday morning on three felony indictments.

Paxton's security detail drove him in a black Chevy Tahoe into a garage at the jail and away from cameras. The attorney general did not appear in public.

Once inside, Paxton was fingerprinted, photographed, booked and released on personal recognizance bonds.

Joe Kendall, Paxton's attorney, released a statement Monday afternoon:

Attorney General Ken Paxton will plead not guilty to these accusations and he will demand a trial by jury. He is looking forward to the opportunity to tell his side of the story in the courtroom of Tarrant County Judge George Gallagher, who was appointed to the case after Judge Chris Oldner's recusal on July 29. Judge Gallagher has given instructions to make no further public comments or publicly speculate on events. Attorney General Paxton and I intend to comply with Judge Gallagher's instructions. In the meantime, the Attorney General is returning to Austin to focus on his work on behalf of the citizens of Texas.

The attorney general's mugshot was released minutes after he was booked. It showed that he had received some special treatment. When booked in to the Collin County Jail, defendants usually have a white towel around their neck so the public cannot see what clothing they are wearing. There was no towel to be seen in Paxton's photo.

Paxton faces three criminal charges – two first-degree felonies for securities fraud and a third-degree felony for failing to register with the state to sell securities.

Paxton is accused of having defrauded two individuals of more than $100,000. He doesn't have to resign while he fights the charges.

The securities fraud indictments are related to Servergy, a McKinney-based company that has been under investigation by the Securities and Exchange Commission. The failure to register charge is connected to Paxton's friend and campaign donor Fritz Mowery, a McKinney investment advisor, to whom Paxton referred clients without telling them that he'd been getting hefty commissions.

The first-degree securities fraud indictments carry a potential penalty of up 99 years in prison. The third-degree charge carries a maximum sentence of 10 years in prison.

If convicted, Paxton would lose his law license and have to step down as a top state official.

A Tarrant County judge has already been appointed to preside over the case. A trial is likely more than a year away.

A judge set Paxton's bond at a total of $35,000 -- $15,000 for each count of securities fraud, plus another $5,000 for failure to register.

The Texas Democratic Party rallied outside the Collin County Courthouse shortly after Paxton turned himself in, calling on the attorney general to resign. The charges hurt the attorney general's credibility, said Manny Garcia, deputy executive director of the group.

"Everyone is entitled to due process under the law," said Gov. Gregg Abott in a statement released in the afternoon. "As a former judge, I recognize this is the first step in a lengthy process and will respect that process as it moves forward."

Paxton supporters have said the charges are the result of a "political witch hunt," but Garcia scoffs at the claims, adding that Texas Rangers are impartial. Plus, he says, the two special prosecutors were appointed by a Republican judge and a grand jury indicted Paxton in a red county.

A sole Paxton supporter stood at the base of the courthouse steps, saying that Paxton had done well for her community and she was praying for him.

Ken Paxton was sworn in as attorney general on Jan. 1. The indictments relate to alleged conduct that occurred while he was serving in the state legislature.

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