US govt files new lawsuit vs DPS range master Ogumoro

The U.S. government has filed a new lawsuit in federal court against Department of Public Safety’s range master Ambrosio T. Ogumoro for alleged fraudulent transfer of his piece of land to his daughter despite his failure to pay $3.7 million in damages over a fishing boat oil spill.

The U.S. government, through assistant U.S. attorney Jessica F. Cruz, asked the U.S. District Court for the NMI to void the fraudulent conveyance of Ogumoro’s interest in the subject lot located in Capital Hill.

The U.S. government requested the court to issue an order requiring Ogumoro to immediately satisfy his civil monetary obligations.

The plaintiff asked the court to enjoin Ogumoro’s daughter, Leiana, from disposing or diminishing the subject land.

Cruz also moved the court to seize the property and put into public auction so the proceeds will be paid towards Ogumoro’s debt to the U.S.

Saipan Tribune tried to contact Ogumoro yesterday to get his side, but he was not available. As of press time, he didn’t return message from Saipan Tribune seeking comment.

Cruz stated in the complaint that in June 2004, Ogumoro was involved in the discharge of oil into the navigable waters and adjoining shorelines of the CNMI and the U.S.

The prosecutor said the defendant failed to take actions as required by officials with respect to oil spill removal activities.

“As a result, the U.S. incurred costs and damages to remove the oil spill,” she said.

In May 2006, the U.S. government, on behalf of the Oil Spill Liability Trust Fund, filed a lawsuit against Ogumoro and two others to recover the oil spill clean-up costs.

Ogumoro and co-defendants failed to defend the case. As a result, the court issued a default judgment in December 2006, finding the defendants jointly liable to pay $3.4 million plus interest.

Cruz said the default judgment created a lien in favor of the U.S. government on all of Ogumoro’s properties.

Cruz said during a deposition in August 2008, Ogumoro admitted that he transferred his Capital Hill lot to his daughter, Leiana, as a gift.

Cruz said that last January the U.S. government sent a demand letter to Ogumoro, with a copy to Leiana, requesting payment of the civil judgment in full or acceptable alternative payment arrangements.

The government lawyer said Ogumoro declared he is not able to pay the civil judgment in full.

“To date, the parties have been unable to agree on alternative payment arrangements,” Cruz said.

As of Feb. 16, 2009, the U.S. government has collected $3,047.94 from Ogumoro via offset of his military retirement by the Federal Treasury Offset Program.

Cruz said the current balance of Ogumoro’s civil debt is $3,782,554.65.

Cruz said Ogumoro conveyed his land to his daughter in Nov. 2006 to “hinder, delay, or defraud the U.S. in its efforts to collect on the civil judgment.”

The fishing boat, F/V Mwaali Saat, reportedly owned by Ogumoro and his brother, sank within the Tanapag Harbor in June 2004.