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Court: No double jeopardy violation
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Posted on May 17 1999
Associate Judge Juan T. Lizama of the Superior Court ruled out any violation of the double jeopardy clause provided for in the U.S. and CNMI Constitutions when the government came out with a second order against a construction firm.
In the case against Hyun Ok Lee and Tower Construction, the court finds the second administrative order entered into by the government was without double jeopardy attachment and denied the motion to dismiss last Friday.
Lodging the second order last February, the court said the government only tried to collect penalty dues. In addition, it was entered into following the request from the defendant to reduce its monthly payment from $500 to $300 a month.
“The sole purpose of the second administrative order was to grant the defendant’s request to reduce the monthly payment for the civil penalty,” according to the decision.
On June 4, 1998, the defendants were apprehended after a special operation conducted by the Department of Labor and Immigration found 22 non-residents working for them without official employment documents.
An administrative order came out in September to which the defendants agreed to pay $500 in penalty for each alien worker. The total sum of $11,000 was to be paid in $500 monthly installments.
The following month, the government filed a criminal information charging Lee and the Tower Construction 16 counts of providing unlawful employment to alien workers. The government found the 16 among the 22 non-residents who were without authorization to work.
