Ex-CBP officer Yamagishi pleads guilty

Former U.S. Customs and Border Protection officer Bob Hajime Deleon Guerrero Yamagishi on Wednesday pleaded guilty in federal court to two counts of fraud by wire.

U.S. District Court for the NMI Chief Judge Ramona V. Manglona accepted Yamagishi’s guilty plea and the plea agreement.

Manglona set the sentencing for Sept. 25, 2015 at 9am. She ordered the U.S. Probation Office to submit a pre-sentence investigation report by Aug. 20, 2015.

Attorney Janet H. King appeared as court-appointed counsel for Yamagishi. Assistant U.S. attorney Russell Lorfing appeared for the U.S. government.

In exchange for pleading guilty to counts 23 and 24 fraud by wire, the prosecution agreed to move to dismiss the remaining 35 counts of fraud by wire of the indictment upon sentencing.

The offense carries a maximum penalty of a 30-year prison term, a $1-million fine, a five-year supervised release, and a $100 special assessment.

According to the factual basis of the plea agreement, between July 5 and Aug. 7, 2014, Yamagishi knowingly devised a scheme or plan for obtaining money by means of false or fraudulent representations.

Yamagishi used a wire communications to carry out or attempt to carry out an essential part of the scheme.

As then-CBP officer, Yamagishi applied for and received a travel charge card from J.P. Morgan Chase.

J.P. Morgan Chase prohibits the use of the travel charge card for non-travel related purposes.

On July 5, 2014 to Aug. 7, 2014, Yamagishi devised a scheme to defraud J.P. Morgan Chase and to obtain money and property by means of materially false and fraudulent pretenses, representations and promises.

Yamagishi would present the travel charge card to an employee of CYC Kagman Market and Yong Hui Market for the purposes of obtaining cash or other property for personal use.

Yamagishi would represent that he had authority to use the card, even though he knew he had no such authority. He would then use the cash to gamble or purchase methamphetamine or “ice.”

On July 20, 2014, Yamagishi presented his travel charge card to an employee of Yong Hui Market and asked for cash back. Upon representing that he had authority to use the card, the employee of the store then charged $165 to Yamagishi’s travel card as if he had purchased $165 worth of merchandise.

In reality, the store’s employee would keep approximately 15 percent and give the remaining amount to Yamagishi in cash.

On Aug. 5, 2014, Yamagishi presented his travel charge card to an employee of CYC Kagman Market and asked for cash back.

Upon representing that he had authority to use the card, the store’s employee then charged $200 to Yamagishi’s travel card as if defendant had purchased $200 worth of merchandise. In reality, the store’s employee would keep approximately 15 percent and give the remaining amount to Yamagishi in cash.

CBP Internal Affairs special agent Brian Kawabata stated at a detention hearing early this month that Yamagishi is suicidal, hooked on gambling, can’t control his addiction to “ice,” and even attempted to become a drug supplier.

According to the indictment, Yamagishi allegedly made the illegal cash advance transactions 28 times in July 2014 and nine times in August 2014, for a total amount of $6,227.53.