Seattle solar consultant challenges Oregon charges

PORTLAND, Ore. (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 (https://goo.gl/eqW7b3 ) 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.”

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Information from: The Oregonian/OregonLive, http://www.oregonlive.com