Broader power for prosecutors sought By MAR-VIC CAGURANGAN

Chief Prosecutor Kevyn Lynch yesterday asked the Legislature to come up with a measure that would authorize the government to forfeit properties and money seized from persons found engaged in illegal activities.

Lynch made the proposal following a court’s order instructing the Attorney General’s Office to release the cash being claimed by businessman Cheung Ying Pin. The cash was among the items seized by government agents during an anti-gambling raid on the former Abracadabra Shop in Garapan last July 3.

Cheung’s attorney, Joseph Arriola, told the court the government raiders did not issue a receipt when they confiscated the items from Cheung’s establishment.

At yesterday’s hearing, Superior Court Associate Judge Timothy Bellas rebuked the AGO for failure to issue a receipt for the confiscated items.

Bellas said the government’s failure to issue a receipt violated the legal procedure, and thus ordered AGO to release the money to Cheung.

Lawyers for the government and the complainant, however, could not agree on the amount of money seized from Cheung.

The AGO claimed it is holding only $26,000, but Arriola said his client’s estimate is between $60,000 and $80,000.

“This is the problem arising from the government’s non-issuance of receipt,” Arriola said.

Bellas ordered Cheung to issue a receipt to AGO after receiving his money.

Lynch said both parties have also agreed that Cheung would indemnify the government “if anyone comes up with claims” that he or she is the real owner of the money.

Lynch said he was disappointed with the judge’s release order.

“We hope the Legislature will take a look at this and reconsider the whole issue of forfeiture of proceeds of criminal activity and work on . . . a bill that will allow us to forfeit criminal proceeds,” Lynch said.

Although any pertinent bill that may come up in the future would not apply retroactively to the present case, Lynch said “there’s no time to start but now.”

Lynch said the Revised CNMI Penal Code, which is awaiting approval by the Legislature, provides for a comprehensive section pertaining to forfeiture of seized properties.

“That would give the Commonwealth a lot of power to be able to take money from people who are making money committing crime,” Lynch said.