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Atalig files sealed motion to have charges dismissed
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Posted on May 06 2020
U.S. District Court for the NMI Chief Judge Ramona V. Manglona granted yesterday an agreement between the U.S. government and Rota Mayor Efraim M. Atalig for the mayor to file under seal a motion to dismiss the indictment filed against him.
Atalig and the U.S. government informed the court Monday that they’ve agreed that he may file the motion to dismiss the indictment under seal.
Atalig, through counsel David G. Banes, and the U.S. government, through assistant U.S. attorney Eric O’Malley, said they agreed to the sealed motion as it will reference information regarding the grand jury proceedings in this case and Henthorn materials covered by the court’s protective order dated Feb. 25, 2020. Henthorn gives defense attorneys the right to any information in an agent’s personnel record relating to dishonesty, perjury, and others that can be used to discredit an agent’s testimony.
Banes earlier informed the court that Atalig and his co-defendant, Evelyn Atalig, intend to file a motion to dismiss the indictment and a motion to allow their expert witness to review the grand jury and Henthorn materials in this case.
The charges against Efraim Atalig and his girlfriend, Evelyn Atalig, involve at least eight trips taken by the couple at different times in 2018 to Guam, Palau, the U.S. mainland, South Korea, and Saipan.
The Ataligs are being charged jointly with conspiracy to commit wire fraud and theft from program receiving federal funds, wire fraud, and theft from program receiving federal funds. Both are also charged separately with false statement.
The jury trial will be on July 7, 2020.
