BATON ROUGE — Lawyers representing three men indicted on allegations they conspired to bypass state purchasing laws said Friday that Louisiana prosecutors mischaracterized legitimate business activities and that they are sure that no criminal conduct occurred.

Gary Beard and Oscar "Reed" Richard, as public employees, were accused of one count each of malfeasance in office, monopolizing trade or commerce, and conspiracy. A private businessman, Jason Hewitt, is accused of two counts of conspiracy, two counts of monopolizing trade and two counts of being a principal to malfeasance in office.

Beard is the former head of the Capital Area Groundwater Conservation District and Richard is an assistant superintendent at BREC, the area's park system. Hewitt held contracts with both through his firm Sustainability Partners, according to the government. Sustainability Partners bills itself as an entity that funds and maintains essential infrastructure.

Prosecutors said Wednesday that Beard and Richard, in their dealings with Hewitt, bypassed state contracting laws in an attempt to restrict competition. According to the indictment, the groundwater commission and BREC used language provided by Hewitt to outline how the government agencies would use his services.

Part of the charges are based on a deposition Beard gave in January 2024 regarding a lawsuit between the Baton Rouge water system and the groundwater district. In the meeting with lawyers, he was asked extensively about material from Sustainability Partners and items mentioned in a pre-bid sheet known as a Request for Qualifications.

The BREC-related charges follow Richard's interview with state investigators in May 2025 about similar matters. 

The work involved metering-related items for the groundwater commission and lighting improvements at BREC parks. The alleged bid-rigging ultimately cost taxpayers hundreds of thousands of dollars, the state said. 

But the men's lawyers say the state got it all wrong.

"These indictments are based on a mischaracterisation of legitimate business and governmental activities," they said in a joint statement. "We are confident that once the full facts are presented, it will be absolutely clear that no criminal conduct occurred."

They say Beard and Richard were faithful public servants and that all the defendants were men of integrity and distinction.

"The allegations of conspiracy, monopolization, and malfeasance are not only unfounded but also fail to reflect the complex regulatory and operational contexts in which our clients acted," they said.

Don Cazayoux and Lane Ewing represent Beard, John McLindon represents Richard and Walt Green represents Hewitt.

BREC Commission Treasurer Dwayne Rogers said in an interview with WBRZ on Thursday that the suspect deal involved turning over capital improvements to Sustainability Partners. The attorney general's office said the state Bond Commission should have been involved and the work should have been put out for bids.

"I knew it just didn't seem right to me," Rogers said. "From a BREC standpoint, it was allowing BREC to get some deferred maintenance or improvements done without having to make an initial investment."

Perhaps more importantly, investigators say they found the cost of the infrastructure Sustainability Partners was providing was far more expensive than it should have been, directly impacting taxpayers.

According to Rogers, that contract was $500,000 of taxpayer money per year.

On Thursday, both Beard and Hewitt turned themselves in. Richard was booked Friday morning. Each were released on $30,000 bonds.

According to BREC, Richard is still employed.

"It was a shock to me because I did not — never had any thought — that anyone from BREC had done anything criminally wrong," Rogers said. 

The groundwater district regulates the area's aquifer in an attempt to control saltwater intrusion and is funded by fees imposed on those who withdrew large amounts of water. Lawmakers this year placed the groundwater district under the state Department of Conservation and Energy.