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Judge: Charges vs 2 owners of remittance center timely filed
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Posted on Oct 02 2011
The federal court has ruled that the charges brought against the co-owner of a defunct remittance company who has been indicted on charges of alleged conspiracy to defraud a Philippine bank were timely filed.
U.S. District Court for the NMI designated judge Frances M. Tydingco-Gatewood determined that Haydn L. Villegas’ last overt act occurred on Jan. 17, 2007, and that the grand jury returned the indictment on Dec. 16, 2010—within five years of the last overt act.
“Thus, the charge of conspiracy is not barred by the statute of limitations,” said Tydingco-Gatewood in her Friday order that denied Villegas’ motion to dismiss the case.
Villegas, co-owner of the defunct Philippine Express Remittance, allegedly defrauded the Philippine National Bank of about $109,855. He pleaded not guilty to the charge of conspiracy to commit wire fraud.
In a motion to dismiss, Villegas, through counsel G. Anthony Long, argued that the five-year limitation period applies to the case and that the last act in furtherance of the conspiracy occurred more than five years prior to filing of the indictment against him.
Long said the last alleged overt act occurred on May 13, 2005, when Ana Villegas, wife of Haydn Villegas, transacted at PNB Foreign Exchange a “counter” check in the amount of $7,500, which was later returned due to insufficient funds.
The U.S. government disagreed, arguing that the last overt act was Haydn and Ana Villegas’ maintenance of their bankruptcy suit.
In denying the motion, Tydingco-Gatewood said the defendants maintained the bankruptcy action to prevent PNB from taking legal action to collect on the fraudulently obtained funds. As part of the conspiracy, the judge said, the Villegas couple ultimately wanted to discharge their “debt” to PNB.
“The possibility of discharge was not foreclosed until the case was dismissed on Jan. 17, 2007. Accordingly, the dismissal of the bankruptcy case on Jan. 17, 2007, was the last overt act,” Tydingco-Gatewood said.
