Gov’t reneged on its promise not to prosecute a witness

Attorney David Banes has lambasted the Department of Labor and Immigration for playing tricks on a Russian national whose testimony was instrumental in the conviction of two labor violators.

Oxana Galkina had agreed to cooperate with the government in the prosecution of her former employers at the Big Boss Club. In exchange, the government promised not to prosecute her in connection with her immigration status.

The government also promised it would not oppose Galkina’s transfer to a new job, Banes said.

“She cooperated and the government got the benefit of its bargain (the successful prosecution of her former employers). Yet the government now wants to break its promise with no reasonable justification,” said Banes, who is asking the Superior Court to dismiss the government’s deportation case against Galkina.

“This action must be dismissed as the government gave its solemn promise not to prosecute Ms. Galkina if she cooperated,” Banes said.

Galkina had a valid work permit when she came to Saipan to work as a waitress at Palace Corporation.

She was underpaid. Thus, along with 22 co-workers, Galkina filed a lawsuit against Palace Corp.

With the labor department’s consent, Galkina moved to the Big Boss Club.

The club owner, however, failed to facilitate Galkina’s transfer documents.

When government agents raided Boss Club last July 1, Galkina was among those arrested and thrown into detention for allegedly working illegally.

Galkina was released on bail five days later, and filed a lawsuit against the Big Boss Club. She now had two pending lawsuits.

Galkina wanted to get a job but labor officials twice rejected her request for a temporary working authorization or TWA.

On her third appeal, the government finally agreed to issue her a TWA on the condition that she would cooperate with the government’s criminal prosecution against the owners of Big Boss Club.

Galkina accordingly signed a non-prosecution agreement in which she was required to testify about her job at Big Boss; to serve as a material witness; and to voluntarily depart the CNMI upon completion of the prosecution.

The agreement eventually resulted in the conviction of two owners of Big Boss Club. The third defendant was acquitted.

Three months later, the government imposed a ban on all Russian nationals unless they had a letter of authorization from Labor Secretary Mark Zachares.

Incidentally, the government asked Galkina to voluntarily leave Saipan pursuant to the agreement that she would “voluntarily depart” the CNMI upon conclusion of the Big Boss case.

Galkina had requested that she be granted a permit or a letter of authorization stating that she could “leave and come back” as the CNMI’s new ban on Russian nationals would deter her from returning to Saipan.

The government “summarily rejected” this request despite its earlier promise not to oppose Galkina’s bid to be transferred, Banes said.

“Here, it cannot be disputed that there is a non-prosecution agreement drafted by the very government now prosecuting her,” Banes said. (MCM)