10 criminal charges filed vs Fitial

The CNMI government charged former governor Benigno R. Fitial yesterday with 10 criminal charges related to the unauthorized release of a federal inmate, award of a sole-source American Recovery and Reinvestment Act contract, and shielding former attorney general Edward T. Buckingham from being served with penal summons.
The information charged the 68-year-old Fitial with one count of solicitation of escape, five counts of misconduct in public office, one count of conspiracy to commit escape, one count of use of public position to obtain benefits for business or social acquaintances, one count of conspiracy to commit theft of services, and one count of theft of services.

OPA legal counsel and assistant attorney general George L. Hasselback filed the information in Superior Court at 3:31pm.

Fitial will be arraigned today, Friday, at 9:30am.

Hasselback stated in the information that on Jan. 8, 2010, Fitial commanded or requested law enforcement officers to allow a prisoner to depart from custody, without due process and in direct violation of a standing court order.

The OPA counsel was referring to the alleged unauthorized release of a Chinese woman, who was at the time a federal inmate, to give him a massage at his residence in the wee hours of the night.

Hasselback said Fitial conspired with law enforcement officers to allow the prisoner to depart from custody.

Hasselback said that on Oct. 20, 2010, Fitial participated in the planning, formation, and execution of a business contract in the name of the CNMI, the other party being a business entity owned and/or operated by a close personal acquaintance.

The OPA counsel was referring to the award of a sole-source ARRA management contract worth almost $400,000 to former Commerce secretary Michael J. Ada’s Integrated Professional Solutions LLC.

Hasselback said that between Aug. 3 and 4, 2012, Fitial conspired with one or more management-level persons within the Department of Public Safety, the Commonwealth Ports Authority, and other agencies of the CNMI government to provide an armed escort for Buckingham.

He alleged that the escort was provided for the purpose of taking Buckingham from his house to the Francisco C. Ada/Saipan International Airport, through local and federal security checkpoints, to ensure that Buckingham was shielded from being served a penal summons.

Hasselback said the armed escort used several public employees driving public vehicles, being compensated pursuant to their employment using public funds.

Hasselback said Fitial, as then governor, used his influence and position to conspire with one or more persons so see that the escort services were provided to Buckingham.

The OPA counsel said those escort services have a value of at least $250 but less than $20,000.

Fitial made his initial appearance in court on Wednesday afternoon to answer the charges. At the hearing, Hasselback disclosed that he would file the formal charges yesterday.

Fitial resigned as governor on Feb. 20, 2013. The following day, he and his wife Josie left the CNMI and subsequently stayed in the Philippines. He returned to Saipan from the Philippines on Saturday, four days before his court appearance.

Fitial will fly back to the Philippines on Wednesday to continue his medical therapy.