OAG subpoena vs. ex-company officer’s bank records stayed

The Superior Court has granted a stay on the subpoena issued by the Office of the Attorney General that would have required Abelina Mendiola to provide the OAG with her bank records.

Last week, Superior Court Associate Judge Joseph N. Camacho granted Mendiola’s request for a temporary restraining order staying the OAG’s enforcement of a subpoena against her bank records and information.

Mendiola, who is a businesswoman on Rota, is currently principal of DFS Enterprise and is a former president of Luta Mermaid LLC.

According to Camacho’s order, a TRO is warranted because Mendiola would face irreparable harm if the information is released.

In addition, Camacho said the OAG will not suffer any harm if the requested information is not released pending full and proper determination of the merits of its petition.

Camacho set an evidentiary hearing on Feb. 15.

This arises from an OAG application for a subpoena duces tecum, or Subpoena 1, in the Superior Court that was to be issued to the custodian of records of the Bank of Guam. The application was filed on or about Dec. 27, 2023.

On Dec. 27, 2023, the clerk issued a subpoena duces tecum pursuant to the OAG’s application.

On or about Jan. 19, 2024, the OAG applied for another subpoena duces tecum, or Subpoena 2, to be issued to the custodian of records of the Bank of Guam.

Both subpoenas also requested the plaintiff to provide all Bank of Guam records and transaction records, including account applications, deposit slips, withdrawal slips, wire transfer transactions, ATM and/or credit card transactions, cashier’s checks, copies of all checks drawn from all accounts, and bank statements for Mendiola’s accounts from January 2021 to the present, including records of if and when the account was closed and the reason why the account was closed.

Mendiola, through attorney Keith Chambers, asked the court to issue a preliminary injunction preventing the OAG and the CNMI from enforcing the subpoenas until such time that the court has ruled on the merits of her complaint for declaratory judgment and injunctive relief in the same case.

Mendiola also filed two separate civil complaints against the OAG for the subpoenas issued against her.