The U.S. government has requested the federal court to issue an order directing the U.S. Marshal to complete the sale of a piece of land owned by Department of Public Safety deputy commissioner Ambrosio Ogumoro so he could make a partial payment on a default judgment in connection with a fishing boat oil spill in 2004.
Assistant U.S. Attorney Jessica F. Cruz, in the U.S. government's application for writ of execution filed Thursday, asked the U.S. District Court for the NMI to order that upon receipt of the proceeds of the land from the U.S. Marshal, the clerk of court shall deposit the funds and issue a check to the U.S. Department of Justice.
Cruz said that Ambrosio Ogumoro, as well as the previous owner of the property, Leiana K. Ogumoro, agreed to the sale of the property in a settlement agreement executed in the 2009 civil case against Ambrosio and his daughter, Leiana.
The prosecutor said the settlement agreement stipulates that Ambrosio and Leiana Ogumoro give their consent to the U.S. to sell and receive the entire proceeds from the sale of the land, either through private sale, foreclosure, or public sale.
Cruz said partial satisfaction of the default judgment by sale of the lot, as agreed to in the settlement agreement, has not been completed because the title to the property remains with Ambrosio Ogumoro and the property has not been sold.
In May 2006, the U.S. government, on behalf of the Oil Spill Liability Trust Fund, filed a lawsuit against Ambrosio Ogumoro and two others to recover the oil spill clean-up costs.
The boat, owned by Ambrosio Ogumoro and co-defendants, sank within the Tanapag Harbor in June 2004.
The defendants failed to defend the case. As a result, the court issued a default judgment in December 2006, finding the defendants jointly liable to pay $3.4 million plus interest.
In 2009, the U.S. government filed a lawsuit in federal court against Ambrosio Ogumoro for alleged fraudulent transfer of his land located on Capital Hill to Leiana despite his failure to pay $3.7 million in damages over the oil spill incident.
The DPS deputy commissioner has denied that the transfer of land was fraudulent. In 2010, he entered a settlement agreement with the U.S. government.