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IN JURY TRIAL OF 3 DEFENDANTS IN FAKE CHECKS IN TAX REBATES SCHEME
Manglona orders abbreviated briefing schedule on motion to change venue
The federal court has set an abbreviated briefing schedule as A jury trial is set to begin in less than three weeks in the case against three defendants facing charges for engaging in a scheme to deposit counterfeit checks into their bank accounts over $24,000 in tax rebates from the CNMI.
U.S. District Court for the NMI Chief Judge Ramona V. Manglona in an order issued on Friday said the motion to transfer the venue of this case to the District of Oregon will be heard at the pretrial conference on July 19 at 1:30pm.
The trial of defendants Brooke K. Phillips, Larry Tagabuel, and Kenatis M. Alafanso will be in the U.S. District Court for the NMI on July 26.
Vancouver, Washington-based Phillips, through court appointed counsel Mark B. Hanson, filed a motion for transfer of venue.
Oregon-based Tagabuel, through court-appointed counsel David G. Banes, joined Phillips’ motion to change venue of the case to the District of Oregon.
As of yesterday afternoon, Vancouver, Washington-based Alafanso, had yet to response to the motion to change venue.
Hanson and Banes stated in the motion that the location of their clients and the potential witnesses, the expense to the parties, and the relative accessibility of the place of trial all weigh heavily in favor of transfer.
In her order issued on Friday, Manglona gave Alafanso no later than Wednesday, July 13, to file a notice of joinder in the motion, or a response to the motion.
Manglona said the U.S. government shall file a response to the motion no later than Wednesday, July 13.
Manglona said any defendants who wish to reply to the U.S. government’s response shall do so no later than Friday, July 15.
The indictment charged Phillips, Tagabuel, and Alafanso with one count of conspiracy to commit wire fraud and 13 counts of wire fraud.
The indictment was filed in the CNMI and the case was transferred from the District of Oregon, where the arrests of the defendants were made, to the District of the NMI.
