Atalig, GF indicted on 5 charges

The U.S. government filed a superseding indictment yesterday in federal court charging Rota Mayor Efraim M. Atalig and his girlfriend, Evelyn Atalig, with five corruption charges for allegedly arranging CNMI government-funded trips to California, Palau, Guam, and Saipan under fraudulent pretenses.

The superseding indictment charged Mayor Atalig and Evelyn Atalig with conspiracy, wire fraud, theft from program receiving federal funds, and two counts of false statements.

Federal Bureau of Investigation special agent Haejun Park handles the investigation in the case. Assistant U.S. attorney Eric O’Malley, counsel for the U.S. government, filed the charges before the U.S. District Court for the NMI.

The Ataligs’ initial appearance/arraignment is set for Dec. 6 at 11am before Chief Judge Ramona V. Manglona.

According to the superseding indictment, from February 2018, to Aug. 7, 2018, Efraim Atalig, acting in his official capacity as Rota mayor, arranged government-funded trips from Rota to San Diego California; Saipan; Palau; and Guam, for himself and other persons, including Evelyn Atalig, by means of false claims.

On March 6, 2018, Mayor Atalig allegedly signed CNMI government travel authorizations for himself and Evelyn Atalig to travel from Rota to San Diego. According to the TAs, the purpose of the trip was to “attend the 9th Annual Chamorro Cultural Festival” and “travel to be performed in the interest of the CNMI government.”

However, the main purpose of the trip was personal and not official, according to the indictment.

The Ataligs traveled together from Rota on March 22, 2018, and arrived in San Diego on March 23, 2018. They remained in San Diego for five days, departing for Rota on March 28, 2018.

The Chamorro Cultural Festival was a one-day event, which took place on March 24, 2018.

In addition to plane tickets, the Ataligs allegedly each claimed eight days per diem and received at least $1,500 from the CNMI government.

On April 19, 2018, Mayor Atalig allegedly signed CNMI government TAs for himself and Evelyn Atalig to travel from Rota to Saipan. According to the TAs, the purpose of the trip was “to promote tourism and to attend the 23rd Micronesia Islands Forum and the Flame Tree Festival,” and “travel to be performed in the interest of the CNMI government.”

However, the primary purpose of the trip was personal and not official, according to the indictment.

The Ataligs traveled from Rota to Saipan on April 24, 2018, and remained on the island for three days. They returned to Rota on April 27, 2018.

In addition to plane tickets, the Ataligs each claimed three days per diem and received at least $500 from the CNMI government.

On April 23, 2018, Mayor Atalig signed CNMI government TAs for himself and Evelyn Atalig to travel from Rota to Palau. According to the TAs, the purpose of the trip was “to promote tourism in Palau” and “travel to be performed in the interest of the CNMI government.”

The Ataligs traveled together from Rota to Palau on May 3, 2018. They remained there for three days and returned to Rota on May 7, 2018.

In addition to plane tickets, the Ataligs allegedly each claimed four days per diem and received at least $500 from the CNMI government.

On June 15, 2018, Mayor Atalig signed CNMI government TAs for himself and eight other government employees to travel from Rota to Guam, as well as two TAs for plane charters.

According to the nine of the 11 government TAs signed by the mayor, the purpose of the trip was to go to “DRMO” to look for surplus equipment and “travel to be performed in the interest of the CNMI government.”

DRMO refers to a U.S. Department of Defense office formerly known as the Defense Reutilization and Marketing Office, but is now called DLA Disposition Services.

One function of this office is to sell surplus and used federal equipment. DLA Disposition Services has an office at Naval Base Guam.

During the trip, Mayor Atalig did not go to DLA Disposition Services to look for surplus supplies or equipment, and no participant on the trip made an advance appointment with DLA Disposition Services, as was required.

The true purpose of the trip was allegedly personal and to participate in a partisan political rally held on June 23, 2018 in Mangilao, Guam.

Federal and CNMI laws restrict the use of public funds, time, personnel, or equipment for political or campaign activity.

The claimed purpose of visiting DLA Disposition Services was intended to disguise and conceal the trip’s true purpose to engage in political and campaign activity.

Mayor Atalig allegedly authorized payments from official CNMI government funds to pay per diems and other expenses for himself and up to eight people, as well as to charter two roundtrip air flights from Rota to Guam, departing on June 20, 2018, and returning on June 25, 2018.

The total amount of payments from the CNMI government exceeded $10,000, according to the indictment.

On Aug. 1, 2018, Mayor Atalig signed CNMI TAs for himself and Evelyn Atalig to travel from Rota to Saipan. According to the TAs, the purpose of the trip was “to attend the Agriculture Fair on Saipan” and “travel to be performed in the interest of the CNMI government.”

The Ataligs traveled from Rota to Saipan on Aug. 4, 2018, and remained on the island for three days. They returned to Rota on Aug. 7, 2018.

While on Saipan, the two did not attend the CNMI Agriculture Fair, but Mayor Atalig did participate in organized campaign events on Aug. 6, 2018.

In addition to plane tickets, the Ataligs each claimed three days per diem and received at least $500 from the CNMI government.

On Aug. 8, 2018, Mayor Atalig allegedly falsely stated to an FBI special agent that the purpose of the trip was to meet with DLA Disposition Services, and that the visit with DLA Disposition Services had been pre-arranged and approved by the DLA Disposition Services liaison, when in fact he did not go to DLA Disposition Services.

On Aug. 10, 2018, Evelyn Atalig lied to an FBI special agent that the purpose of the trip was to meet with DLA Disposition Services and was an official trip, and that she stayed with her sister while in Guam, when in fact she stayed in a hotel with Mayor Atalig and the purpose of the trip was personal and political, and not official.

The original indictment charged Mayor Atalig with only one count of wire fraud over the Guam political rally. He pleaded not guilty to the charge.

The mayor is facing another case that the Office of the Attorney General filed before the Superior Court arising from the same political rally. In this case, he and seven other Rota municipal officials are charged with theft and misconduct in public office.

Through his private counsel, Robert O’Connor, Mayor Atalig had stated that he did nothing wrong and has nothing to apologize for.

Despite the charges, Mayor Atalig was re-elected as mayor last Nov. 13 election.