Man allegedly lied to a fed officer

U.S. District Court for the NMI Chief Judge Ramona V. Manglona ordered last week the continued detention of Guo Hua Lu, who was recently arrested for allegedly lying to a federal officer.

At a hearing, Manglona determined that no combination of conditions will assure that Lu will appear in court. Also, Manglona cited the weight of evidence against Lu, saying it is strong; his lack of a stable residence; his lack of ties in the CNMI; and the fact that he may be deported after being imprisoned.

Lu is being charged with a count of false statement to a federal officer, which carriesa sentence of five years imprisonment.

Manglona said the charge stems from Lu’s role in generating fake documents in support of another individual’s application for a U.S. passport.

She said it is not unusual for those involved in handling fake document to have fake documents themselves. Manglona said that Lu may have the ability to flee Saipan and avoid being held accountable for his crime.

Manglona noted that there are audio recordings between Lu and some people as well as “WeChat” text messages between him and a woman showing that Lu requested her U.S. visa, official Chinese identification card, and a passport-sized photo.

The exhibits, the judge said, go to the weight of the evidence in establishing the charge against Lu.

Manglona said while there has been no physical injury to the victim, there has been deception in the form of fraudulent documentation, as well as fraudulent statements to law enforcement.

Manglona cited that Lu has one criminal conviction in March 2003 in the Superior Court for assault and battery. Lu has no other conviction in the past 20 years.

Manglona said the U.S. government’s additional exhibits chronicle various investigations wherein Lu is implicated.

Manglona said these are not convictions, and they did not materialize into any formal charges.

The judge found that Lu has no family ties on the island as his wife and daugher both live in China.

Manglona said Lu is only an employee at a business and currently lives at the company office in Gualo Rai, Saipan.

As a foreign worker holding a CW-1 immigration permit, Lu’s ability to remain in the CNMI is limited to an annual basis, and no later than December 2019 when the CW-1 program expires, Manglona said.

Lu pleaded not guilty to the charge. Attorney Benjamin Petersburg is the court-appointed co-counsel for Lu. Assistant U.S. attorney James Benedetto represented the U.S. government.

U.S. District Court for the NMI Magistrate Judge Heather L. Kennedy set the jury trial for Jan. 10, 2017.

According to the indictment, on Oct. 6, 2016, Lu lied to Diplomatic Security Services special agent Vincent Carpenter at Lu’s office on Saipan.

Lu allegedly admitted the fixed the application form for which the fraudulent notarial certificate was prepared.

WeChat text messages between Lu and Shi allegedly showed she (Shi) sent him her U.S. visa, official Chinese identification card, and a passport-sized photo, at Lu’s request.

The Chinese identification card number and the passport-sized photo were allegedly used in the preparation of the fraudulent notarial certificate.