Federal prosecutors say: Cabrera robbed CNMI coffers

Federal prosecutors began uncovering alleged trail of corruption committed by former Finance Secretary Antonio R. Cabrera while in office on the first day of his trial yesterday in the U.S. District Court.

Seven former and current government officials took the witness stand during the court proceeding which started at 9:00 a.m. with the opening statements of the prosecution and the defense and broke up at around 4:30 p.m.

Assistant District Attorney Kevin Seely told the jury the prosecution would present evidence to show that Mr. Cabrera “reached into the purse of the CNMI that he’s supposed to protect” as finance chief.

He said the case involved three separate incidents that would buttress the federal government’s charges of theft, misapplication of funds and bribery against the ex-Cabinet official.

“This is not a single bank robbery,” Mr. Seely said in his opening statement.

Mr. Cabrera, 40, is accused of theft and bribery based on a five-count indictment handed down by the grand jury. He pled not guilty to the charges last July and is free on bail of $50,000 cash bond.

Defense lawyer Joey Arriola said the case is complicated for the federal government since it will have the burden of proof to nail down his client “beyond a reasonable doubt.”

He urged the 12 jurors to listen to the cross-examination of the prosecution’s witnesses and to draw from their life experiences to determine what is fact and logical.

“We don’t have to present [evidence] because the burden lies with the prosecution,” Mr. Arriola said in his opening argument. “The only issue is whether or not Mr. Cabrera committed the crime of theft and bribery. . . I ask that your verdict be fair — not guilty.”

Improper pay

Prosecutors detailed their first contention against the defendant, which involved compensation on typhoon differential amounting to $5,840.73 that Mr. Cabrera allegedly received when he was secretary of the Department of Finance.

Mr. Seely claimed the payment covered eight typhoons that hit the islands between 1994 to 1996 and was made to the ex-DOF chief with insufficient supporting documents.

Both current and former personnel directors of the CNMI government, Mathilda A. Rosario and Luis S. Camacho, told the court Mr. Cabrera was not entitled to the typhoon differential pay because he was a governor’s appointee and an excepted service employee.

Mr. Camacho testified he brought the matter to then-Gov. Froilan C. Tenorio two months after the payment was made in December 1996, saying it was improper and was not timely since the claims were being made as far back as 1994.

He said he did not sign the request for payment even though the approval of the personnel director is required before any employee can get compensated.

But Mr. Arriola hammered in during cross-examination on the fact that heads of other government agencies whose approval is also required signed the document, reiterating the testimony of former Emergency Management Office Director Robert A. Guerrero who said he was taking full responsibility for approving the request.

Exhibits presented by the prosecution showed that Mr. Cabrera sought typhoon differential while heading DOF for work performed when he was a special assistant in 1994 to then Public Health Director Izamu J. Abraham.

They also revealed the 110.5 hours of typhoon differential he claimed did not reflect on the list of employees of DPH who actually worked during the emergency condition that was submitted by Mr. Abraham to the EMO for certification.

Not normal

Mr. Seely alleged three other employees, including Mr. Cabrera’s former deputy secretary of finance Gabriel Camacho, had identical claims, including hours when they supposedly performed the job, which were filed at the same time.

The finance and accounting division at DOF, which is responsible for government payroll, issued the check to Mr. Cabrera even without the proper signatures, according to another witness, payroll supervisor Eloise Macaranas.

She told the court they were instructed to prepare accounts payable voucher which she maintained the office does not normally process when the documents are incomplete.

She also said they refused to sign the documents and the check, adding it was Mr. Cabrera who signed the check himself while the former director of finance and accounting Pedro Arriola initialized it.

“If he did not sign it, Mr. Cabrera would have not received the money,” Mr. Seely explained, a statement corroborated by the witness.

The prosecution likewise pointed out that Mr. Cabrera was even paid for differential for typhoons that were not so strong to require closure of government offices on Saipan.

The trial resumes today at 9:00 a.m. to question witness on two other incidents, such as Mr. Cabrera’s trip to Manila where Mr. Seely claimed he spent more than $40,000, including pocketing half of that money, as well as the bribe of at least $3,000 from Candido Castro, owner of surveyor Castro and Associates.