A former Portsmouth restaurateur has been indicted on federal charges of wire fraud and aggravated identity theft for allegedly defrauding customers by charging their credit cards without their approval.

Brian Pearson, 29, owner of the now-defunct Bella Sol restaurant, made a brief court appearance Wednesday after federal prosecutors moved to revoke his bail, court documents indicate.

Pearson had some of his restrictions altered by a judge, but he remains free on bail as he heads to trial on six counts of wire fraud and six counts of aggravated identity theft.

He was secretly indicted by a federal grand jury in June.

Portsmouth police say more than 37 former customers complained about their credit cards being overcharged nominal amounts.

Pearson allegedly took about $2,400 — mostly after the restaurant closed last year, according to police.

Pearson was allegedly overcharging customers at the restaurant, and placing the funds in a business-related bank account, police said. He would then spend the money on gasoline, gym membership fees, food and DVD rentals, according to a police affidavit.

Pearson told police he had no knowledge about the overcharging. Detectives reviewed bank statements, receipts from a payment systems company linked to the restaurant and other financial documents before seeking an arrest warrant for Pearson, police said.

Federal prosecutors have chosen to pursue 12 transactions that happened April 20 and May 22. The totals are not disclosed in court filings by prosecutors. Police say the thefts dated back to August 2010.

Pearson had been expected to go on trial the week of Aug. 21 until defense lawyers asked for more time to review what they say is a trove of evidence collected by investigators. The investigation collected 944 reports, records and photographs, according to court papers.

Pearson is now expected to head to trial the week of Nov. 6 in U.S. District Court. He appears in court next on Sept. 19 for a bail review hearing.

- - - - - - - -

James A. Kimble may be reached at JKimble@newstote.com.