Jurors now deliberating in marriage fraud case
The 12 federal jurors began deliberating yesterday afternoon in the ongoing trial of Qiong Lu Pua, a woman charged with three others of conspiring in a fraudulent marriage in order for two of them to obtain green cards.
The jurors are going to resume their deliberations today, Friday. The jurors started their deliberations late afternoon yesterday when the U.S. government rested its case after calling Benigno Mettao, its sixth and last witness. The defense did not call any witness.
In the U.S. government’s closing arguments, Assistant U.S. Attorney Russell Lorfing said they presented overwhelming evidence to prove beyond reasonable doubt that Pua is guilty of one count of conspiracy to defraud the United States.
In defendant’s closing arguments, defense attorney Benjamin Petersburg said the U.S. government’s main witnesses—Benigno Mettao and Norma Nekaifes—“are liars, and are not credible and not trustworthy witnesses to convict Pua.”
Mettao and Nekaifes are also charged with the same conduct. They both pleaded guilty and testified for the U.S. government during Pua’s trial.
Lorfing said the members of the conspiracy are Pua, Mettao, Nekaifes Zhenging Lu, and Baoqin Ding.
In 2005, Pua, a Chinese national, obtained a legal permanent resident status after marrying Juan Pua, a U.S. citizen.
Lorfing said Nekaifes is the long-time girlfriend of Mettao.
Lorfing said defendant Pua is a neighbor of Nekaifes and Mettao.
The prosecutor narrated to the court the evidence and witnesses’ accounts how Pua paid Mettao and Nekaifes several hundred dollars in exchange for Mettao and Nekaifes entertaining into fraudulent marriages.
Lorfing said Mettao married Pua’s friend, Ding, on Dec. 2, 2010, while on May 16, 2011, Nekaifes married Pua’s brother, Lu.
Lorfing said Lu arrived on Saipan on May 11, 2011, but the following day he applied for license at the Mayor’s Office to marry Nekaifes.
He said Pua paid Nekaifes $800 on May 12, 2011 and that Nekaifes testified for that.
Lorfing said Pua was a witness at both weddings.
The prosecutor cited how Mettao and Nekaifes subsequently signed immigration status forms and lied to U.S. Citizenship and Immigration Services.
Lorfing cited the testimony of Mettao that he met with Pua and they went over the questions.
“Why you practiced that when you’re telling the truth?” Lorfing asked, referring to some questions to be answered before the USCIS during interview.
Lorfing said the testimonies of their witnesses all point to Pua’s guilt of conspiracy to defraud the U.S.
In the defense’s arguments, Petersburg said Nekaifes and Mettao are liars and that the jurors witnessed during their testimony that they admitted they lied to immigration and USCIS to get money.
Petersburg said Nekaifes and Mettao lied because they do not want to get in prison.
He said Nekaifes and Mettao are the only source of the accusations against Pua.
The defense lawyer said Nekaifes and Mettao agreed each other to put the blame on Pua.
Petersburg said Nekaifes made an unbelievable story that she wanted money to buy a car and for her mother’s treatment for dialysis.
Petersburg said Mettao testified that he agreed to the marriage because he just wanted to get the money from Pua.
“They blamed Mrs. Pua for everything,” the lawyer said.
Petersburg asked for evidence of money changing hands, the car, or even a photo of the car that Nekaifes purchased. He asked where are Ding and Lu now.
“Are they on Saipan? Guam? Are they in the moon?” Petersburg said, as he asked the jurors to return a verdict of not guilty.
In his rebuttal, Lorfing said he does not know where are Ding and Lu.
Lorfing chided Petersburg for his remark about the moon, saying this is not a joke because a life is at stake.
Lorfing said he also takes offense that Nekaifes was lying about her mother being sick.
On getting Nekaifes and Mettao to testify, the prosecutor said in order to catch wrongdoers, other wrongdoers must be used.
Lorfing said a legal permanent resident status must be earned and to get it through fraud and deceit is wrong and illegal.