Yana, Atalig get temporary reprieve

In a ruling yesterday, Superior Court Judge Kenneth Govendo said lawyers Reynaldo O. Yana and Antonio M. Atalig can leave the Department of Corrections for a few days each week to prepare a detailed account of their work with the Angel Malite estate probate.

Govendo said Yana and Atalig can leave the prison every Monday at 8am, but must return by 8am Wednesday. The two are allowed to continue with this schedule through Oct. 13, when their next hearing will take place.

Atalig and Yana, who chose not to address the court Friday, were placed in civil contempt after the lawyers failed to return or do something for the return of the $1.3 million in attorneys’ fee they received in the Malite probate. The two have been incarcerated since March.

In Friday’s hearing, Atalig argued he was not able to earn the money or discuss how to get the money while in prison.

“We’re not trying to seek in anyway to avoid the court’s order…but it’s impossible for a bank to issue a loan on a piece of property if someone is unemployed,” Atalig told Govendo, referring to Govendo’s earlier suggestion that Atalig mortgage his property.

Atalig said he has also not been able to work on providing a more detailed billing statement of the work done for the Malite estate as Govendo had asked for. Instead of “review docs,” as Atalig had listed on previous billing statements, Govendo said he wants details, such as the name of the document and the time spent reviewing it

“My experience at DOC is that it’s very difficult to do anything,” Atalig said.

“It’s not a country club, I agree,” Govendo responded.

Malite estate lawyer Stephen Nutting used bank records to trace where some of the $1.3 million went.

Nutting said both men would regularly take out large amounts of cash from their bank accounts, spending it on cars, trips and remittances.

These records, Govendo said, prove the two lawyers do have the capacity to pay back the money.

“There are hundreds of thousands of dollars unaccounted for, yet you are both pleading poverty,” Govendo said.

Govendo said he believes the lawyers are hoping if they wait long enough the court will forget about the money.

“You just totally ignored court orders, giving the impression, ‘my name is Tony Atalig and I can do what I want,’” Govendo said.

But, Govendo said, he is willing to give the lawyers one more chance.

“Mr. Atalig, don’t disappoint me on this,” he said.

Nutting also requested to be recouped for the $1,300 he has spent making copies of Yana’s and Atalig’s bank records.