DPS range master given more time to answer federal lawsuit

The federal court has granted Department of Public Safety range master Ambrosio T. Ogumoro more time to respond to the U.S. government’s lawsuit against him for alleged fraudulent transfer of his piece of land to his daughter.

U.S. District Court for the NMI Chief Judge Alex R. Munson ordered that Ogumoro and his daughter Leiana have until May 22, 2009 to file their answers to the U.S. government’s complaint.

Munson issued the order after the U.S. government and the Ogumoros, through their respective lawyers, filed a stipulation or agreement to extend time to plead or otherwise respond.

Assistant U.S. Attorney Jessica F. Cruz on behalf of the U.S. government, and attorney Douglas F. Cushnie, counsel for the Ogumoros, filed the stipulation to the court last Wednesday.

The U.S. government filed the lawsuit last February. The complaint alleged that Ambrosio Ogumoro transferred his land to his daughter despite his failure to pay $3.7 million in damages over a fishing boat oil spill.

Cruz asked the court to void the fraudulent conveyance of Ogumoro’s interest in the subject lot located in Capital Hill.

Cruz requested the court to issue an order requiring Ogumoro to immediately satisfy his civil monetary obligations.

The U.S. government asked the court to enjoin Ogumoro’s daughter, Leiana, from disposing or diminishing the subject land.

Cruz also moved the court to seize the property and put into public auction so the proceeds will be paid toward Ogumoro’s debt to the U.S.

According to the complaint, in June 2004, Ogumoro was involved in the discharge of oil into the navigable waters and adjoining shorelines of the CNMI and the U.S.

The defendant allegedly failed to take actions as required by officials with respect to oil spill removal activities.

“As a result, the U.S. incurred costs and damages to remove the oil spill,” Cruz stated in the complaint.

In May 2006, the U.S. government, on behalf of the Oil Spill Liability Trust Fund, filed a lawsuit against Ogumoro and two others to recover the oil spill clean-up costs.

Ogumoro and co-defendants failed to defend the case. As a result, the court issued a default judgment in December 2006, finding the defendants jointly liable to pay $3.4 million plus interest.

Cruz said the default judgment created a lien in favor of the U.S. government on all of Ogumoro’s properties.

Cruz said during a deposition in August 2008, Ogumoro admitted that he transferred his Capital Hill lot to his daughter, Leiana, as a gift.

Cruz said that last January the U.S. government sent a demand letter to Ogumoro, with a copy to Leiana, requesting payment of the civil judgment in full or acceptable alternative payment arrangements.

The government lawyer said Ogumoro declared he is not able to pay the civil judgment in full.

“To date, the parties have been unable to agree on alternative payment arrangements,” Cruz said.

Cruz said the current balance of Ogumoro’s civil debt is $3,782,554.65.

The fishing boat, F/V Mwaali Saat, reportedly owned by Ogumoro and his brother, sank within the Tanapag Harbor in June 2004.