US govt recommends 41 mos. prison term for Ayuyu

The U.S. government is recommending a 41-month prison term—the highest end of the sentencing range—for former senator Juan M. Ayuyu.

Assistant U.S. attorney Garth R. Backe said that everything Ayuyu did—and is attempting to do still today—counsels for the stiffest sentence possible, and, pursuant to the parties’ agreement in this case, that is 41 months in prison.

“Such a sentence is not only appropriate here, but it will further send a clear message to others that, while the law applies to everyone, those that act like they are above it will be punished the most severely,” said Backe in the U.S. government’s sentencing memorandum filed in federal court on Friday.

Ayuyu will be sentenced today, Monday, at 1pm. His original sentencing date was Nov. 8, 2013, but this was postponed several times for several reasons.

Last July 22, Ayuyu pleaded guilty to two charges relating to the smuggling of endangered fruit bats from Rota to Saipan. Subject to the court’s approval, he will receive a prison term between 33 months and 41 months.

On Sept. 30, 2013, Ayuyu (Ind-Rota) resigned as a member of the 18th Senate.

Backe said Ayuyu, an elected official at the time, knew full well that he was breaking the law when he attempted to ship federally protected fruit bats from Rota to Saipan.

“Indeed, like a criminal boss, he took steps to prevent their detection by law enforcement and had his assistant drop them off at the airport instead of himself,” Backe said.

Backe noted that Ayuyu’s flagrant abuse of power occurred only 10 months after he assumed office.

“In other words, it took him less than a year to feel he could illegally smuggle fruit bats, tamper with a grand jury investigation, and approach a law enforcement officer and warn the officer point blank to stop his investigation or else he might lose his job,” he said.

If that was not incredible enough, Backe said, Ayuyu, while in office, was also a regular user of methamphetamine or “ice”—“without question the most dangerous and damaging drug in the Commonwealth.”

Backe said that Ayuyu’s conduct after being indicted was even worse.

Since first being indicted on Oct. 19, 2012, Ayuyu contacted two witnesses against the court’s release orders, threatened to kill a fellow legislator, and possessed a cell phone in jail in direct violation of prison rules and federal law.

Backe said that even now, on the eve of sentencing, Ayuyu thinks he can fool the court with “preposterous assertions” like it was co-conspirator Ryan Manglona’s idea to lie to the grand jury; he only asked Erwin Flores, the investigation lead agent, “Why are you investigating me?”; and he has only used drugs twice in his life.

“His lack of respect for the law proves to know no end,” Backe said.