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Villegas says federal judge erred in her ruling
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Posted on Oct 17 2011
The co-owner of a defunct remittance center who was indicted for alleged conspiracy to defraud a Philippine bank, has asked the federal court to reconsider its recent ruling that denied his motion to dismiss the case.
Haydn L. Villegas, through counsel G. Anthony Long, argued that the court erred in ruling that the indictment alleges a timely offense.
The federal court had ruled that the charges were timely filed against Villegas.
U.S. District Court for the NMI designated judge Frances M. Tydingco-Gatewood determined that Villegas’ last overt act occurred on Jan. 17, 2007, and that the grand jury returned the indictment on Dec. 16, 2010, which was within five years of the last overt act.
“Thus the charge of conspiracy is not barred by the statute of limitations,” said Tydingco-Gatewood in her order that denied Villegas’ motion to dismiss the case.
Tydingco-Gatewood said that Villegas and co-defendant Ana Villegas maintained the bankruptcy action to prevent PNB from taking legal action to collect on the fraudulently obtained funds.
As part of the conspiracy, the judge said, the Villegases ultimately wanted to discharge their “debt” to PNB.
“The possibility of discharge was not foreclosed until the case was dismissed on Jan. 17, 2007. Accordingly, the dismissal of the bankruptcy case on Jan. 17, 2007, was the last overt act,” Tydingco-Gatewood said.
Long disagreed. In Villegas’ motion for consideration filed yesterday, Long said this ruling is legally incorrect as an overt act must be in furtherance of the conspiracy in order to extend the statute of limitations.
“Dismissal of the bankruptcy cannot be deemed in furtherance of the conspiracy as the dismissal defeated or frustrated the alleged purpose of the bankruptcy petition,” Long said.
Additionally, Long said, dismissal of the bankruptcy petition cannot be an “overt act” as an “overt act” is an act performed or done by a conspirator and not a third party.
Villegas was the co-owner of the defunct Philippine Express Remittance who allegedly defrauded the Philippine National Bank of about $109,855. He pleaded not guilty to the charge of conspiracy to commit wire fraud.
