Former utility director says he was an informant for FBI - - The News for South Mississippi

Former utility director says he was an informant for FBI

(Photo Source: WLOX News) (Photo Source: WLOX News)

An attorney, for the former Harrison County Utility Authority executive director accused in a bribery scheme, has asked a judge to drop the federal case against his client.

Kamran Pahlavan is facing five federal charges; conspiracy to defraud the United States, bribery involving federal programs, fraud by wire, radio or television, tampering with a witness, victim or informant and making false statements.

Pahlavan's attorney claims all charges against his client violate an agreement they had with the government for Pahlavan to be an informant for the FBI in the case. In June 2012 Pahlavan signed a four page agreement with prosecutors to make a proffer of information and cooperate in the case involving the Harrison County Utility Authority.

Prior to signing the proffer, in November of 2011, court documents claim Pahlavan served as an informant and made statements that are now being used against him in the case even though the agreement stated nothing Pahlavan said could be used against him. The statements in November Pahlavan's attorney said were mainly focused on Sean Anthony and members of the Harrison County Utility Authority. He also mentioned two vehicles.

Seven months later Pahlavan signed a proffer agreement and again met with federal agents. This time Pahlavan told federal agents about his relationship with Sean Anthony and the Harrison County Utility Authority.

In October 2012 Pahlavan gave another interview to agents. Pahlavan gave investigators very detailed information about the contracting and bidding process with the Harrison County Utility Authority Board as well as details about the purchase of three separate vehicles by Pahlavan.

Pahlavan's attorney claims prior to his clients interviews the government had "no real evidence" concerning the purchases of vehicles by Pahlavan or the system by which the Harrison County Utility Authority awarded contracts to Sean Anthony.

After investigating information Pahlavan gave to agents, by conducting other interviews and subpoenaing documents, prosecutors decided to prosecute Pahlavan. Details from Pahlavan's October interview his attorney said were used to indict Pahlavan which violates the agreement.

The government claimed they are allowed to prosecute Pahlavan in the case because he provided false statements in June 2012 which violates the terms of the proffer agreement. But Pahlavan's attorney claims the government said Pahlavan lied only to use the proffered statements against his client claiming the government is being "self-serving."

Counts one through four in the indictment Pahlavan's attorney said all include information from Pahlavan's proffered statements which he said should have been protected by the signed agreement and should be dismissed.

Also Pahlavan's attorney said the fifth charge of making false statements to federal officials should also be dismissed because the alleged false statements were made prior to the proffer letter.

A judge has set a hearing regarding the motion to dismiss all counts against Pahlavan for June 25.

Prior to asking a judge to dismiss the case against his client, Pahlavan's attorney asked the judge to recuse himself from the case. Pahlavan's attorney said the judge had recused himself from the case against Sean Anthony and should do the same for Pahlavan. The judge denied the request stating he took himself off Anthony's case only because his wife represented Anthony in civil matters unrelated to the criminal case which the judge said had nothing to do with Pahlavan.

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