Ex-CUC supervisor gets 3 yrs. in prison

Superior Court Associate Judge Ramona V. Manglona has imposed a three-year prison term on former Commonwealth Utilities Corp.’s Credit and Collections Division supervisor Elaine Quitugua Terlaje for her involvement in a disconnection scam.

“This whole conspiracy that lasted for years could not have been possible without Ms. Terlaje’s involvement and permission,” said Manglona in a written order issued yesterday.

The judge sentenced Terlaje to five years in prison, all suspended except for three years, for violating the Commonwealth Utilities Code.

Manglona said the defendant shall not be eligible for parole until she has served at least two years in prison, has made full restitution, and has complied with all the terms of the plea agreement.

The 33-year-old Terlaje was given credit for the 36 hours she has already served in jail.

Manglona ordered the former CUC supervisor to start serving her prison term at the Department of Correction once the court sets the amount Terlaje will pay CUC.

Based on the evidence presented, Manglona ordered Terlaje to pay the minimum amount of $50,000 in total restitution up to the maximum amount of $100,000. The defendant was also directed to pay a $250 fine and a $100 court assessment fee.

Terlaje was placed on five years of supervised probation. She was required to assist and cooperate in the preparation of any prosecution or collections actions undertaken by the CNMI government against CUC account holders or employees, named or unnamed in this case.

Manglona permanently barred Terlaje from re-employment with CUC and required her to write a letter of apology to CUC and CNMI citizens and have it published in local newspapers.
Manglona ordered Terlaje to return to court on March 18, 2009 at 1:30pm for the restitution hearing.

Authorities arrested Terlaje and four other CUC employees on May 24, 2007, for allegedly conspiring to reconnect disconnected accounts or not disconnecting delinquent accounts in exchange for cash.

Terlaje and counsel, Mark B. Hanson, signed a plea agreement with the government. During Wednesday’s change of plea hearing, Special Assistant Attorneys General Joseph Przyuski and William Downer appeared for the government.

Terlaje pleaded guilty to the offense of violating the Commonwealth Utilities Code as charged in the third amended information.

In exchange, the prosecutors agreed to move to dismiss with finality the conspiracy and theft of service charges against the defendant.

Manglona accepted Terlaje’s guilty plea and the agreement. At the hearing, the defendant was given the opportunity to address the court before the imposition of sentence, but she chose not to.

Knowing the facts in the case, Manglona said she had a difficult time accepting the plea agreement because of the prison term.

Manglona noted that the agreed upon sentence is more lenient than what the government had argued against the remaining co-defendant, Francisco F. Faisao.

Faisao is facing an open sentence even though he was the line crew disconnection who answered to Terlaje.

According to Faisao’s statements and other testimony that came out at trial, Terlaje made it possible for Faisao to avoid having his own power disconnected when it should have been disconnected, Manglona said.

The judge said that, at the prior change of plea hearing, she was initially unwilling to accept a sentence that was more lenient than those who answered to Terlaje.

The prosecution, Manglona said, thereafter asked the court to consider their concerns in maximizing their limited resources available in their office.

Furthermore, the prosecution said that Terlaje’s guilty plea supports some mitigation in lieu of imposing the maximum sentence.

Manglona agreed that Terlaje’s acceptance of her liability for committing the offense is a step toward her rehabilitation.

The prosecution and the defense submitted an amended plea agreement wherein the restitution amount was more defined. The new agreement included a new requirement that Terlaje assist and cooperate in the preparation of any prosecution undertaken by the government against other CUC account holders or employees.

At a minimum, the judge said, it may encourage others engaged in these acts to cease immediately.

By imposing the agreed upon prison term, Manglona said the defendant is subjected to the most serious prison sentence thus far among all the defendants.

Terlaje is the last of five defendants to be convicted of a crime in the scam.

Former CUC disconnection crew Ricardo C. Sablan pleaded guilty to misconduct in public office. Former customer service representative Rita I. Tarope and former disconnection crew Joaquin Elameto Norita pleaded guilty to violating the CUC Code. Faisao was found guilty after a bench trial for violating the CUC Code.