Wiseman orders govt to file its claim for restitution against Fitial

Superior Court Associate Judge David A. Wiseman issued an order yesterday directing the government to file its claim for restitution against convicted former governor Benigno R. Fitial on or before Sept. 10, 2015.

In a post-sentencing order, Wiseman said any objection to the government’s claim for restitution shall be filed within 10 days thereafter.

Pursuant to the sentence and commitment order issued June 26, 2015, the 69-year-old Fitial was required to pay restitution in an amount to be determined at a later time.

The judge further ordered a status conference for Aug. 12, 2015 at 1:30pm to determine the status and/or plan for payment of the $6,000 fine and the $100 court assessment fee.

Wiseman said if the fine and assessment fee are paid prior to Aug. 12, the matter will be taken off calendar.

In Fitial’s pre-sentence report, attorney Stephen J. Nutting, counsel for the former governor, recommended that if the court determines a term of imprisonment be imposed, that it be suspended in its entirety, on the condition that Fitial pay an appropriate fine, and restitution to for any loss to the CNMI which might be proven for the crimes he now stands to answer for.

Last June 24, Wiseman slapped Fitial with six years in prison, all suspended except one year.

Wiseman ordered Fitial to pay a $6,000 fine and $100 in court assessment fee.

On the restitution matter, Wiseman ordered Fitial to pay it in amount to be determined at a later time.

Fitial was ordered to start serving the prison term at DOC on or before yesterday, July 6. His release date is supposed to be July 6, 2016.

But on Sunday, Gov. Eloy S. Inos granted the commutation of the one-year prison sentence for Fitial. It means the former chief executive will get no jail time.

Last June 30, the CNMI Board of Parole conducted a pardon hearing and voted to recommend Gov. Eloy S. Inos for the commutation of Fitial’s sentence.

Fitial signed a plea agreement with the government and pleaded guilty last May 13 to misconduct in public office and conspiracy to commit theft of services, making him to become the first governor of the CNMI convicted of crimes.

The offense of misconduct in public office refers to the time when Fitial had his masseuse—a female Chinese who was at that time a federal prisoner at DOC—temporarily released so she could massage him at his house on Jan. 8, 2010.

The conspiracy to commit theft of services refers to Fitial’s role in former attorney general Edward T. Buckingham’s efforts to evade lawful service of process during his departure from the Commonwealth at the Francisco C. Ada-Saipan International Airport on Aug. 3 or 4, 2012.