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Slap on the wrist for corruption conviction
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Posted on Aug 11 2004
The Superior Court yesterday convicted Tinian municipality’s chief financial officer in the first public corruption case lodged by the Attorney General’s Office’s new anti-corruption unit.
All that Romeo Atalig Diaz got for his sentence, however, were fines totaling $2,800 for his conviction on eight criminal counts.
Associate Judge David Wiseman said existing Commonwealth laws do not provide appropriate punishment for corruption, theft or misuse of public funds. He noted, however, that the Legislature could amend the law accordingly.
He said public corruption provisions are found in the administration section of the Commonwealth Code—not on the criminal code. An offense only entails a maximum fine of $500, “which makes it equivalent to a traffic infraction. It does not even reach the status of a misdemeanor crime.”
“The illegal misuse of taxpayers’ funds or resources statutes are designed to protect against a problem known to every government of the world to some degree. Corruption, theft or misuse of public resources…by a public employee is a blight that should be deterred and punished accordingly,” Wiseman said.
He imposed a $350-fine on each of the eight criminal counts Diaz was convicted of, which totaled $2,800. The judge directed Diaz to pay the fines beginning Aug. 20 at a minimum installment rate of $100 bi-weekly.
Wiseman said Diaz illegally used public funds for his private benefit. The defendant, however, paid the Tinian municipality for the public funds he misused and made a public apology in the courtroom after his trial.
The AGO had filed multiple criminal charges against Diaz, including illegal use of public position to obtain private benefit and illegal use of public supplies, services time and personnel. Other charges included theft and illegal possession or removal of government property.
Prosecutors accused Diaz of causing the delivery of construction materials to his private residence using government purchase orders on several occasions. In doing so, Diaz used government personnel and work hours to cause the delivery of the materials for his personal gain. The incidents transpired on July 31, Aug. 1 and 6 in 2001, Aug. 14, 2002 and on three instances on Feb. 8, 2002.
