Prosecutors say former utility authority leader lied to FBI agents
Former Harrison County Utility Authority executive director Kamran Pahlavan has pleaded not guilty to all charges in a five count federal indictment. Pahlavan is accused of bribery and wire fraud. (Photo Source: WLOX)
GULFPORT, MS (WLOX) -
The government is asking a judge not to dismiss the federal charges against former Harrison County Utility Authority Executive Director Kamran Pahlavan saying that he lied to FBI agents.
Last week, Pahlavan's attorneys filed a motion to dismiss all five charges saying the government violated a proffer agreement Pahlavan made with them in exchange for being an FBI informant.
Attorneys for the government responded this week saying on November 16, 2011 Pahlavan voluntarily met with FBI agents at their office without an attorney or a proffer letter. It was then Pahlavan told agents he accepted gifts and favors from Sean Anthony, including two cars, a cell phone, and Saints tickets. Pahlavan told agents he knew accepting the items were wrong and improper and that he planned to pay Anthony back for one of the vehicles.
Seven months later, Pahlavan signed a proffer agreement with the government. After signing the agreement the government said Pahlavan made "materially false statements" concerning the purchase of certain cars, although the government did not find out until much later Pahlavan was lying.
Between June 2012 and January 2013, Pahlavan made numerous undercover recordings with Sean Anthony for the FBI.
In October 2012, the government said Pahlavan was interviewed by investigating agents from IRS-CI, FBI and HUD-OIG with no attorneys present and again lied about the purchase of certain vehicles.
In February 2013, investigators contacted Anthony for the first time in connection with the public corruption investigation.
Between February and March 2014, the former AUSA contacted Pahlavan's defense attorney and told him the government plans to prosecute Pahlavan and makes a plea offer. The defense informed the government Pahlavan does not intend to accept any plea offer.
In December 2014, the grand jury indicted Pahlavan on five federal charges.
The proffer letter the government sent granted the defendant immunity for any completely truthful statements he made during the proffer and assured him that such statements would not be used against him during the "government's case in chief." While the letter was not a prosecution letter, the government said the letter indicated that prosecution would be sought, "The government is interested in pursing this matter and will consider a proffer of information in formulating an appropriate resolution of the case as it refers to our client."
The government said any breach on the part of the defendant absolves the government from any further obligation of the proffer.
The judge has set a hearing for Thursday to decide on the motion to dismiss federal charges against Pahlavan.