Brent Swadley, the owner of Swadley’s BBQ, is scheduled to be sentenced on Thursday after being convicted of a conspiracy scheme to defraud the state of Oklahoma. Swadley’s legal team claimed the Oklahoma Attorney General’s Office violated his constitutional rights by illegally monitoring phone calls with his legal team as he awaits formal sentencing.

Allegations Against the Oklahoma AG’s Office

Swadley’s attorneys filed an application for injunctive relief, alleging that the Oklahoma Attorney General’s Office repeatedly monitored, listened to, downloaded, and retained confidential attorney-client telephone calls between Swadley and his legal team while he was in jail. The motion claimed those alleged acts violated his Sixth Amendment right to counsel and asked a judge for immediate relief.

The attorney general’s office responded in a rebuttal filing, stating that any attorney-client privileged calls accessed were terminated after the attorney identified themselves. However, Swadley’s attorneys argue that the office knowingly continued to monitor and access these calls.

Conviction and Sentencing

Swadley was convicted in May of conspiring to defraud the state of Oklahoma. During his trial, prosecutors presented their case in an Oklahoma County courtroom. Prosecutors alleged that Swadley’s Foggy Bottom Kitchen presented false invoices to the Oklahoma Tourism and Recreation Department, as well as directed a restaurant equipment supplier to fabricate invoices with inflated amounts.

The conspiracy allegedly began in October 2019, continuing until the contract was canceled in 2022, according to Brent Swadley’s indictment. Swadley’s restaurant chain received $16.7 million from the state before the contract was canceled over allegations of fraudulent activity and improper bidding, according to Oklahoma Attorney General Gentner Drummond.

Original reporting: Oklahoma City News Feed (HLL/CB) — read the source article.