Two defendants in criminal proceedings surrounding the defunct Mississippi Beef Plant have asked U.S. District Chief Judge Michael P. Mills to dismiss a new indictment against them filed June 19.
Robert L. Moultrie, president and CEO of The Facility Group of Smyrna, Ga., and Nixon Cawood, its chief operating officer, say in legal motions this week the indictment contains defects so serious that 15 of the 16 counts should be dismissed.
They claim the indictment, which superseded the original accusations of Feb. 13, contains “misleading allegations” about the company’s service compensation as stated in its contract with the state, Community Bank of Mississippi and others.
The firm’s Project Management Agreement, signed July 11, 2003, states TFG would be paid a minimum of $2.5 million to design and construct the beef processing plant in Oakland and no more than $3,021,418.
Counts 2-16 accuse them of using “false invoices” to overbill by $2 million for their services.