Seattle Energy Consultant Seeks Dismissal of Oregon Charges
PORTLAND (AP) — A Seattle energy consultant accused of forgery in connection with a major Oregon solar power project is seeking to have the charges dismissed on grounds of prosecutorial misconduct.
Martin Shain was the lead consultant on Oregon's $24 million "Solar by Degree" project. Prosecutors say he created a fake invoice from a fictional subcontractor to help secure nearly $12 million in tax credits from the Oregon Department of Energy.
The Oregonian/OregonLive reports that last year, investigators persuaded a witness in the case to make a secretly recorded call to Shain in hopes of getting him to incriminate himself.
Shain didn't incriminate himself, and in a motion filed last week his lawyer argues that the call constituted prosecutorial misconduct — an attempt to question him without counsel, even though the state had already been informed that he was represented by an attorney.
Ken Lerner, a Portland criminal defense attorney not involved in the case, called the investigators' actions clear-cut misconduct.
The Oregon Justice Department said it "will oppose the motion in court."