A Lehigh Valley biofuel company CEO charged with ripping off government green-energy incentive programs is asking a federal judge to toss the case against him because authorities viewed privileged emails between him and his attorney.

In Ralph Tommaso's motion to dismiss the indictment, his lawyer, former Delaware U.S. attorney and current Morgan, Lewis & Bockius partner Colm Connolly, wrote that the government violated Tommaso's constitutional right to a fair trial by accessing emails that contained the “crown jewels” of his defense.

According to the motion, the email memo from Tommaso to Connolly obtained by search warrant on Tommaso's Google account detailed legal defense strategies, witness identities, admissions against his interest, his history in the alternative fuel business, and his understanding of government regulations.