Douglas Moylan’s string of criminal trial wins has been eclipsed by this morning’s dismissal of the attorney general’s first corruption indictments. Judge Alberto Tolentino dismissed the charges that Jennifer Badar Cruz, Richard Ybanez, Alejo Sablan, Kevin Susuico, and Anthony Chargualaf faced involving allegations that the five conspired to steal public resources by granting Mr. Ybanez the pay and position of executive director of the Guam Regional Transit Authority. Mr. Ybanez was not qualified to hold the position, according to the attorney general.
Ms. Cruz was at the time the certifying officer for GRTA expenditures. Mr. Sablan was the chairman of the GRTA board, and the two southern mayors were members of the board that approved his hire and pay.
“In a word, this was due to Moylan’s incompetence,” defense attorney Joaquin C. “Jay” Arriola. Jr. told Kandit.
“We believe that numerous errors of law had occurred prior to the Judge’s decision today,” Mr. Moylan told Kandit, adding that his office has yet to receive the judge’s written decision. “Written legal briefs were previously filed pointing out the legal errors.”
According to Mr. Arriola, the parties must file briefs by September 6 on whether the case will be dismissed with or without prejudice. A dismissal with prejudice will mean the Office of the Attorney General can never again file the same charges against the same defendants for the same alleged events.
Mr. Arriola, who represents Mr. Sablan, said the judge read a “litany of violations” by the OAG, giving him reason to believe the case will be dismissed with prejudice. Among the violations were the OAG’s failure to appoint a special prosecutor as ordered by Mr. Tolentino in April, and the infringement of the defendants’ right to a speedy trial. The defendants were indicted on July 3 last year.
Mr. Moylan confirmed his office will be appealing the decision.
“We believe at a minimum the judge has no authority to replace the people’s choice of representing the people of Guam against persons the Grand Jury has indicted for government corruption,” Mr. Moylan said.
This case, along with another involving officials of the Department of Public Health and Social Services, were the first criminal indictments for corruption involving Gov. Lou Leon Guerrero’s administration.
Ms. Cruz was represented by Stephen Hattori, Mr. Ybanez by Louis Yanza, Mr. Chargualaf by Michael Philips, and Mr. Susuico by Peter Santos.
‘Illegal payments to unqualified director’
“The Office of the Attorney General today initiated prosecutions against multiple Government of Guam officials pertaining to the alleged improper expenditures of government funds in paying an interim executive manager for a position that he was not qualified to hold,” a July 3, 2023 news release from the OAG announcing the indictments stated. “We allege that Richard Ibanez was not qualified to be paid a taxpayer funded salary for the top management position because he did not have the requisite college degree, and that other officials knew & furthered that illegal action.”
Mr. Ybanez and his four co-defendants were indicted for a number of felonies and misdemeanors, all with the Crimes Against the Community enhancement.
“The Attorney General is by law required to, and is committed to enforcing Guam’s laws and in rooting out waste, fraud and abuse,” the OAG news release stated. “All public officials have a fiduciary duty to the public to expend funds as required by law. Officials are appointed and paid to important positions to protect taxpayer monies. No one can be treated above the law.”
The crimes alleged in the Ybanez indictment included Theft by Deception, Conspiracy for Misapplication of Entrusted Funds, Misapplication of Entrusted Funds, Tampering with Public Records, and Official Misconduct.
