Protective order OK’d due to sensitive information

The federal court on Friday granted the U.S. government’s request to issue a protective order in the cases against MCC International project manager Yuqing Zhao, Beilida Overseas president Hui Lu, and Beilida’s Wencai Guo, Xiufang Qi, and Hongwei Ma.

The protective order would restrict the defense’s use and disclosure of any information given them so they could prepare for their defense.

Except for Qi, who did not oppose to the motion, all of the defendants have not filed a response.

In granting the motion, U.S. District Court for the NMI Chief Judge Ramona V. Manglona said the protective order does not prohibit defense counsel or members of the defense team from reviewing and discussing the contents of documents containing personal information with defendants and prospective witnesses, as long as counsel or members of the defense team do not share the documents with the defendants or share any personal information of witnesses with defendants or prospective witnesses.

The indictment charged Zhao of harboring illegal aliens. A separate indictment charged Beilida Overseas president Lu and Beilida’s Guo, Qi, and Ma with harboring illegal aliens.

The charges were in connection with the alleged illegal Chinese workers at Pacific Imperial International CNMI LLC’s ongoing construction of a casino and resort in Garapan.

In the U.S. government’s motion for protective order, assistant U.S. attorneys Eric O’Malley and James Benedetto said the discovery includes documents and data that contain sensitive information, including personal identifying information such as social security number, passport numbers, and dates of birth, for many individuals.

Discovery refers to a pre-trial procedure in a case in which each party, through a procedure, can obtain evidence from the other party or parties.

O’Malley and Benedetto said the discovery also includes tax and bank account information and other sensitive information regarding individuals who are not charged in the indictments and whose relevance to this case is not yet known.

According to the indictment, beginning on Aug. 1, 2016, and continuing until March 31, 2017, Zhao harbored 15 illegal aliens.

The separate indictment alleges that on March 8 through March 22, 2017, Lu, Guo, and Ma harbored an illegal alien, Yuanyou Hu, who later died at the construction site.

Hu, a Chinese national, died after falling from a scaffold at the construction site of the Imperial Pacific casino and resort project last March 22.

The Federal Bureau of Investigation later determined that Hu entered the CNMI as a parolee/tourist and therefore was not authorized to work in the Commonwealth.

On Feb. 7 through March 22, 2017, Lu Guo, Qi, and Ma allegedly harbored six illegal alien.

MCC International is the construction contractor for Imperial Pacific. Beilida Overseas is a subcontractor.