Fate of Mayor Atalig, Evelyn Atalig now with jurors

Federal court jurors started deliberating yesterday afternoon in the corruption case against Rota Mayor Efraim M. Atalig and his girlfriend, Evelyn Atalig. The jurors will continue their deliberation today, Tuesday, at 8:15am.

At the closing arguments yesterday, assistant U.S. attorney Eric S. O’Malley, counsel for the U.S. government, said there’s ample evidence to show that Efraim Atalig and Evelyn Atalig arranged government-funded travels from Rota to San Diego, California; Saipan; Palau, and Guam, mainly for personal and not official reasons. He talked about all the eight trips and cited evidence and witnesses’ testimony to support the charges against the Ataligs.

“These defendants betrayed the trust of the people of the CNMI,” said O’Malley. He urged the jurors to render a guilty verdict against the Ataligs as to all counts.

The Ataligs are being charged with conspiracy to commit wire fraud, wire fraud, and false statement.

The prosecution cited at least eight trips taken by the Ataligs at different times in 2018 to Guam, Palau, the U.S. mainland, South Korea, and Saipan. O’Malley said the Ataligs were cheating the CNMI of taxpayers’ money.

Pertaining to the San Diego, California trip in March 2018, O’Malley said the Ataligs spent five days for a one-day 9th Annual Chamorro Cultural Festival and each claimed eight days’ worth of per diems. The prosecutor said the Ataligs and two others from Rota and two from Saipan were in that trip.

He questioned why Evelyn Atalig had to go on that trip when she was not invited and her presence there had no benefit to the people of Rota or the CNMI.

Efraim M. Atalig

Regarding the April 2018 trip to Saipan, O’Malley said Efraim Atalig signed for the government travel authorizations, or TAs, for himself and Evelyn Atalig for the 23rd Micronesia Islands Forum and the Flame Tree Festival. Evidence shows that the Ataligs attended only the first day of the three-day events, O’Malley said, yet each one claimed three days’ worth of per diems.

With respect to May 2018 trip to Palau, the prosecutor said the travel was coordinated by the Department of Community and Cultural Affairs-Aging Office. Again, Evelyn Atalig had no reason to be in that government-funded trip, he said.

Additionally, O’Malley said that Efraim Atalig towed with him two bodyguards on that trip, as if someone would try to assassinate him, and it appears to have been more of a honeymoon for the Ataligs than an official trip.

Regarding the June 2018 trip to Guam, the prosecutor said that Efraim Atalig signed government TAs for himself and eight other government employees to travel from Rota to Guam, as well as two TAs for plane charters, reportedly to check a U.S. Department of Defense office that handles the sale of surplus equipment.

O’Malley said that, a day before the flight to Guam, then-acting director of the CNMI/Guam Medical Referral Services Ana Maria Inos, who served as the gatekeeper of the CNMI for the DRMO, informed the mayor’s group that she did not arrange for the visit, despite being instructed to do so. O’Malley said that Inos testified that she had a bad feeling about that trip, that she would somehow be used as a pawn, and that Inos knew there was a GOP rally the week of June 23, 2018 in Guam.

He said Efraim Atalig should have cancelled at least the second trip to Guam. “They knew that they did not have access [to the surplus store],” he said. Yet instead of going back to Rota, O’Malley said that Efraim Atalig and most of his team went to political rally the following day.

O’Malley said Efraim Atalig was asking Inos to perpetuate a fraud against the people of Rota and the CNMI.

The prosecutor also discussed other trips involving the Ataligs, including the August 2018 trip to Saipan for the Agricultural Fair. O’Malley said the primary purpose of that Saipan trip was to participate in a partisan GOP campaign rally. He said the Agricultural Fair was a one-day event, but the Ataligs remained on Saipan for three days. In addition to plane tickets, the Ataligs claimed three days of per diem, he said.

Evelyn Atalig

O’Malley said the Ataligs did not attend the fair, but Efraim Atalig joined a big group of people wearing similar shirts for a political campaign event of the GOP.

He said travels using government funds happened over and over again and that’s what occurred in this case.

“Why was Evelyn Atalig all on these trips?” O’Malley asked.

He said the Ataligs lied to Federal Bureau of Investigation special agent Haejun Park and Office of the Public Auditor investigator Travis Hurst about the purpose of the Guam trip.

David G. Banes, the court-appointed counsel for Efraim Atalig, said the FBI, OPA, and the Department of Public Safety failed to do their duties and jobs because they took shortcuts in investigating this case.

He reiterated his attack on the credibility of Hurst’s testimony and noted that the prosecution did not present any witness from the Department of Finance who stated being cheated or deceived by the Ataligs.

He said there is no evidence that it’s against the law to submit inaccurate or incomplete trip reports. Banes said if someone gets sick during a trip, there is no problem as that person can still get his or her per diem.

Banes also pointed out that it is the Ataligs’ fundamental right not to testify.

He said the jurors should disregard the other trips that the prosecution raised as the charges refer to only five trips.

Banes said the jurors did not hear any testimony from witnesses that Efraim Atalig was drinking or was at a beach during those trips. He said the prosecution failed to prove that the Ataligs were doing personal activity.

Banes described Evelyn Atalig as Rota’s first lady, being the mayor’s common-law wife.

The lawyer noted that in the Palau trip, both Ataligs were invited to participate the event.

Banes said the evidence and testimony showed that the Ataligs met present and former Palau presidents. He said it was not a free ride for Evelyn Atalig as witnesses testified that she helped promote Rota.

Banes said there’s no evidence that the Guam political rally was organized back in May 2018.

Banes said witnesses testified that during the June 6, 2018, meeting on Rota, Efraim Atalig did not mention to his resident directors or Cabinet about a political rally in Guam.

He said Maria Inos testified that she could have and should have assisted Efraim Atalig in arranging the DRMO visit. Banes said Inos took upon herself to sabotage the trip and now the Ataligs are being charged. He said there was no evidence that Efraim Atalig asked Rota officials to attend the political rally in Guam.

Banes said the prosecution stated that Efraim Atalig should have been walking around at the Agricultural Fair on Saipan. He said it was raining hard at the time and Efraim Atalig has a serious health issue.

Banes also cited four other trips in which Efraim Atalig did not submit trips report and thus, did not get the full amount in per diems, while Evelyn Atalig also paid for her expenses.

“Where is the intent to cheat and deceive?” the lawyer asked.

Banes showed a video of the Liberation Parade in Guam in which Efraim Atalig was seen riding a carabao to lead Rota’s float. Banes said Efraim Atalig did this because he wanted to promote Rota. Banes said Efraim Atalig, who has a health problem, was seen riding a carabao just to promote Rota and yet is being accused of very serious charges.

He said Efraim Atalig has been in public service for 28 years and for two years he has suffered and has been punished because of the charges.

Banes said the mayor trusts the jurors to come to a just verdict based on evidence.

“Let him go back to his ranch. Let him go back to his job. Let him go back to Rota. He has suffered enough. He’s been punished enough,” Banes said.

Steven P. Pixley, who spoke in defense of Evelyn Atalig at the trial, told the jurors that they have a duty, responsibility, and power to say “no” to the federal government, that the prosecution tried to belittle her role in the life of Efraim Atalig by constantly describing her as his girlfriend when, in fact, she is more of a common-law wife.

Pixley said witnesses testified that Evelyn Atalig once received the “Employee of the Year” award and that Efraim Atalig was not part of the selection team. Pixley said no evidence showed that Evelyn Atalig knew about the political rally in Guam, that, in fact, Evelyn Atalig was excited about going to the Guam surplus office.

He said the U.S. government is making an issue about conflict of interest, but the Ataligs are not being tried for conflict of interest in this case.

Pixley asked the jurors to render a not guilty verdict as the U.S. government failed to prove beyond reasonable doubt as to all charges.