US govt rests case in Atalig trial

After the testimony of the U.S. government’s 19th witness yesterday afternoon, the prosecution rested its case in the ongoing jury trial of Rota Mayor Efraim M. Atalig and his girlfriend, Evelyn Atalig.

The defense then moved for judgment of acquittal.

U.S. District Court for the NMI Chief Judge Ramona V. Manglona said she will reserve ruling on the motion until the defendants’ presented their case.

Manglona said counsel for Efraim Atalig made arguments that she did not expect in the motion for judgment of acquittal on Count 3 of the superseding indictment.

It was attorney Joseph Horey who argued Efraim Atalig’s motion for judgment of acquittal as to Count 3. Attorney Cong Nie argued Efraim Atalig’s motion for judgment of acquittal as to the remaining counts.

David G. Banes is the court-appointed counsel for Efraim Atalig. Banes, Horey, and Nie are members of the same law firm.

Steven P. Pixley, the court-appointed counsel for Evelyn Atalig, argued for judgment of acquittal as to the charge of false statement. Pixley said Evelyn Atalig joined Efraim Atalig’s arguments in the motion for judgment of acquittal as to the remaining charges.

Assistant U.S. attorney Eric S. O’Malley argued for the U.S. government’s opposition to the motion.

O’Malley cited witnesses’ testimony and documents as sufficient evidence to sustain a conviction of all charges against Efraim Atalig and Evelyn Atalig.

On Horey’s argument as to Count 3, O’Malley said this is a legal argument that should have been brought in a motion earlier in the case.

The trial will resume today, Wednesday, at 9:15am.

After Star Marianas Air Inc. president Shaun Christian completed his testimony, O’Malley informed the court that the U.S. government rests.

Former Finance Secretary Larrisa Larson, Department of Fire and Emergency Medical Services Commissioner Dennis Mendiola, and former representative Alice Igitol were among those who testified for the U.S. government yesterday.

In Efraim Atalig’s motion for judgment of acquittal, Horey argued that the evidence is insufficient to sustain a conviction of theft from a program receiving federal funds. On the contrary, Horey said, the evidence shows that Efraim Atalig cannot be in violation of the statute, which requires that a defendant be the agent of the same government whose funds he misappropriates.

Since the evidence has indisputedly shown that Efraim Atalig is mayor of Rota, while the funds at issue were those of the CNMI, two separate governments are involved, and the statutory element cannot be met, he said.

In a brief in support of motion for judgment of acquittal, Banes said Efraim Atalig is alleged in the superseding indictment to have been an agent “of a local government.”

Banes said on that point the indictment is accurate, as the evidence has shown that Efraim Atalig is now, and was at the time of the events at issue, the mayor of Rota.

He said the CNMI, as a commonwealth of the U.S., is thus clearly a “state,” while anything pertaining to the municipality of Rota would be defined as “local,” since Rota is a political subdivision within the CNMI.

Banes pointed out that Efraim Atalig, as mayor of Rota, is therefore an “agent of a local government,” as alleged.

Citing the district court’s previous ruling, Banes said the court found the CNMI was not liable for a debt incurred by the mayor of Tinian and Aguiguan, since the mayor of a municipality is not a part of the Commonwealth executive branch, nor is he an agent of the Commonwealth, unless he is also a resident department head.

Banes said Efraim Atalig was not an agent of the CNMI, nevertheless he is charged in this case with fraudulently obtaining funds belonging to the CNMI.

He said all the trial evidence has also shown that the funds that Efraim Atalig obtained and used—whether wrongfully or not—were the property of the CNMI.

“The evidence therefore shows that the government of which Mr. Atalig was an agent, and the government whose property he allegedly misappropriated, were two different governments,” Banes said.

The Ataligs are charged with conspiracy to commit wire fraud and theft from program receiving federal funds, wire fraud, and theft from program receiving federal funds. Both are also charged separately with false statement.