CONCORD — The former owner of the now-closed Bella Sol restaurant in downtown Portsmouth is scheduled for trial on 12 federal charges alleging he double-billed his dining customers, then skimmed money from their accounts for his own benefit.

CONCORD — The former owner of the now-closed Bella Sol restaurant in downtown Portsmouth is scheduled for trial on 12 federal charges alleging he double-billed his dining customers, then skimmed money from their accounts for his own benefit.



The indicted restaurateur, Brian Pearson, 29, of 172 White Lake Road, Chocorua, has also petitioned the U.S. District Court of New Hampshire to dismiss the six counts of wire fraud and six charges alleging aggravated identity theft against him, on the grounds that the charges were brought without “specificity and clarity.”



Pearson is scheduled for a Feb. 5 trial based on Portsmouth police allegations that he moved money he stole from his diners' accounts, into his restaurant's bank account, and from that account he made personal purchases. Among those purchases, police allege, were monthly membership fees for a gym, goods and services at the Foxwoods Resort casino, and purchases at a city gas station and market where Pearson bought gasoline, food and DVDs.



The crimes were allegedly committed between Aug. 27, 2010 and May 26, 2011, and according to city police, some of the customers' accounts were compromised by Pearson after the Market Square restaurant had closed.



Pearson was indicted by a grand jury in June of 2012 and through Assistant Federal Public Defender Behzad Mirhashem, he's asked the court to dismiss the indictment. The basis for the request, according to Pearson's lawyer, is that the wire fraud charges against his client are “defective” because, as written, they fail to establish Pearson committed wire fraud to execute an illegal scheme, as required by law.



The public defender also tells the court the indictment isn't specific enough to inform his client of the offenses with which he's charged. The charges, Pearson's lawyer further alleges, “insufficiently inform the defendant of what the grand jury has accused him of doing.”



Assistant U.S. Attorney Nick Abramson has responded with an objection to the motion to dismiss by stating Pearson's objection “lacks merit.” The indictment “sufficiently charges” Pearson with the 12 crimes and outlines details of all the allegations, Abramson write to the federal court. As such, the motion to dismiss should be dismissed, according to the U. S. Attorney's office.



U.S. District Court Judge Paul Barbadoro has been assigned to the case and has not yet ruled on either motion.