Ex-Bank of Guam supervisor gets 2 years in prison

A former Bank of Guam supervisor who stole $18,145 from the bank account of her sister was slapped yesterday with a two-year prison term.

Despite appeals from family members for a lenient sentence, Superior Court Associate Judge Kenneth L. Govendo said what aggravated Joanna Mendiola Torres’ crime was that she stole from her sister, who was then paralyzed from the neck down and was receiving medical treatment in the Philippines.

“You cannot just take people’s money! It’s just wrong!” Govendo told the 44-year-old Torres.

Torres was sentenced to four years in prison for theft and three years in prison for forgery, all suspended except for two years.

Torres was allowed to start serving her sentence on Dec. 29, 2015, at 8am. After completing her sentence, she will be placed on probation for five years.

Govendo said he read all the letters from family members supporting a lenient sentence for Torres. He said the letters described her as a great mother, a great sister, and that family members were surprised by what she did.

According to Torres, she stole her sister’s money because she wanted to help pay for her children’s car debt and other things.

“That is not justification whatsoever. I find that to be very reprehensible,” Govendo said.

He also noted that the problem of methamphetamine or “ice” has made “this whole society a victim of crimes,” adding that he himself “has been ripped off.”

The judge’s house was burglarized last month and his government-issued 9mm pistol and several ammunition were stolen. The suspect was arrested and police recovered the gun.

Govendo ordered Torres to pay $500 probation fee and $100 court fees, and required her to perform 500 hours of community service.

Torres has no prior criminal history. Had it been her second or third conviction, she would have gotten a longer jail term and no possibility of parole, Govendo said.

Before the sentence was handed down, Torres addressed the court, saying she’s scared of going to jail and that she’s taking care of her children and her grandchildren.

When asked what she did with the $18,000, Torres said she used some to make car payments, pay her children’s debt, and to buy food.

“I feel so sorry. I feel so sad for what I did,” she said.

Assistant attorney general Heather Barcinas recommended a five-year prison term and three years of probation, among other terms.

Barcinas said that Torres, while employed with Bank of Guam as a customer service supervisor, forged the signature of her sister on 34 occasions between May 23, 2014, and July 25, 2014, so she could withdraw from her sister’s savings account.

Barcinas said that during this period, the sister was receiving medical treatment in the Philippines because she was paralyzed from the neck down.

The prosecutor said the court should send a strong sentence in order to promote deterrence and lessen the fears of many citizens who hope for change.

“This community put their trust with their bank to ensure that their money is safe and easily accessible,” she said.

Torres, as a supervisor at the bank, was in a position of trust, Barcinas said, and her criminal conduct considerably harmed her family, society, and the economy beyond the financial impact of her offense.

She said the Bank of Guam had to credit the entire amount back to Teregeyo’s account for their employee’s violation of the bank’s Code of Conduct.

What is most troubling about Torres’ criminal conduct, Barcinas said, is that she victimized a vulnerable individual, her sister, who at the time was paralyzed from the neck down and was on assisted ventilation.

Barcinas said Teregeyo learned of the disappearance of her money in her bank account when she was in the Philippines, a foreign country, receiving medical treatment.

“What if she did not have enough money to pay for her medical expenses because it was stolen?” she asked.

Barcinas said that Teregeyo, before passing away on Aug. 23, 2015, recommended a sentence of three years in prison.

Assistant public defender Matthew Meyer, counsel for Torres, asked the court to follow probation officer Simram Simram’s recommended sentence of six months in prison.

Meyer said that Torres made a mistake, she is remorseful, and that it was her first crime. He said Torres humiliated her family, she lost her job, and that there’s no indication she was drug user or a violent person.

The Office of the Attorney General charged Torres with theft and 34 counts of forgery.

Last April 28, Torres pleaded guilty to theft and one count of forgery. Under the plea agreement, the OAG and the defendant agree that the prison sentence will be between zero and five years.