An attorney for Scott Salyer, former chief executive officer of SK Foods LP, is seeking to suppress evidence on the grounds that a Federal Bureau of Investigation agent is guilty of misconduct.
A motion accuses the agent of conspiring with an informant to conduct unconstitutional searches, stealing proprietary property from SK Foods and shredding documents that were part of the investigation.
First Assistant U.S. Attorney Carolyn Delaney declined to comment directly on the accusations.
“We shall file a detailed response to the motion,” she said. “We are confident that the investigation was handled properly."
Salyer, 54, faces trial on criminal charges, including antitrust violations, bribery and obstruction of justice.
In the motion filed July 20, Salyer attorney Malcolm Segal accuses FBI agent Paul Artley of persuading informant Anthony Manuel, a former SK Foods employee, to steal evidence without a search warrant.
The documents “are the core of the government’s case and taint the entire prosecution,” Segal wrote in the motion.
Segal did not return telephone calls seeking comment.
The motion marks the second time in as many months that Salyer’s attorneys have accused the prosecution of not playing fair. A June 3 motion claimed federal prosecutors had bombarded the defense with a hodgepodge of documents and recordings that did not include a master index.
The motion also accuses the government of turning over computer hard drives that were riddled with viruses, and that tape recordings and transcriptions are missing or incomplete.
Salyer remains in the Sacramento County Jail, where the government claims he has been using a room inside the facility to wage his legal battles, including ones that aren’t related to the criminal case.
Prosecutors submitted a bill to Segal July 1 for $12,050 for overtime “associated with the special accommodations that the defendant has received in jail,” according to a report in the Sacramento Bee.