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US govt to intervene in a probate case to get $629K that Pelisamen still owes
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Posted on Aug 19 2011
The U.S. government will intervene in a probate case pending in local courts in order to get its share in the possible distribution of heirship money from convicted former estate administrator Luis Kaipat Pelisamen, who still owes the U.S. government $629,096.60.
Assistant U.S. attorney Mikel W. Schwab filed Thursday before the U.S. District Court for the NMI the U.S. government’s application for a writ of execution to collect $625,775 from Pelisamen. Schwab said there have been credits to this judgment debt totaling $125, leaving a total balance due of $629,096.60 as of Aug. 15, 2011.
A writ of execution is a court order that allows for the collection of money or property owed by a judgment debtor.
The federal court had ordered Pelisamen on Jan. 15, 2010, to pay a $200 special assessment fee and $625,775 in criminal restitution for wire fraud, conspiracy to commit wire fraud, and conspiracy to commit money laundering.
As of Aug. 15, 2011, Pelisamen still owes $340 of the special assessment fee and $629,096 in criminal restitution, said assistant U.S. Attorney Jessica F. Cruz.
Cruz said that, on Aug. 10, 2011, assistant U.S. attorney Kirk Schuler told her that Pelisamen is an heir to the Dolores Pelisamen estate and may be entitled to distributions in the estate.
Cruz said the administrator of the Dolores estate filed a petition for decree in partial distribution requesting that Pelisamen’s share in the estate be offset and paid to the other heirs.
This, Cruz said, would in effect deprive the U.S. government in Pelisamen’s case of restitution.
Cruz said she learned that the CNMI Supreme Court has not issued an order and is holding the matter of partial distribution under advisement for 30 days after the Aug. 2-3, 2011 hearing.
She said the U.S. government will be intervening in the Dolores estate probate to secure Pelisamen’s share that will be applied toward his restitution.
Pelisamen used to serve as administrator of the estate of his grandmother, Rita Kaipat, which received a $1.37 million in distribution.
Pelisamen was convicted and was sentenced to five years in prison and ordered to pay $625,775 in restitution.
