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US govt withdraws writ of execution vs Villagomez, Santoses
The U.S. government has requested the federal court to vacate its order issued in October 2013 that seized the property of former lieutenant governor Timothy P. Villagomez, former Commerce secretary James A. Santos, and his wife, Joaquina V. Santos, to satisfy a judgment against them.
Assistant U.S. attorney Jessica F. Cruz informed the U.S. District Court for the NMI on Friday that vacating the writ of execution is appropriate as the U.S. Marshals Service’s levy against Villagomez’s and the Santoses’ property is now untenable since the NMI Retirement Fund no longer exists and has no assets that belong to Villagomez and the Santoses.
On Sept. 26, 2013, Cruz filed an application for writ of execution for property that was in the possession or control of the NMI Retirement Fund and to which Villagomez and Santoses were legally entitled to.
On Oct. 8, 2013, the court ordered the clerk of court to issue the writ of execution. The clerk of court issued the writ of execution the following day.
The U.S. Marshal Service served the writ of execution on Nov. 13, 2013.
In the U.S. government’s motion to vacate the writ of execution, Cruz said that based on correspondence with Joyce C. H. Tang, the trustee of the Settlement Fund, it is her understanding that the NMI Retirement Fund is no longer in existence and that the assets of the Fund were transferred to a new entity, the Settlement Fund.
Last Tuesday, Cruz filed separate applications for writ of execution to seize funds that will be released to Villagomez and the Santos couple. She filed the applications in anticipation of the release of funds to restore the 25-percent pension cut of CNMI retirees.
Cruz said the funds will be used to partially satisfy the judgment against the defendants.
Cruz said that, as of July 31, 2014, Villagomez still owes $340,900.97 in restitution, while the Santoses still have a balance due each in the amount of $372,621.53.
The defendants are currently serving prison terms for their conviction for their role in a conspiracy to defraud the Commonwealth Utilities Corp. through needless purchases of a de-scaling chemical.
