Former U.S. Customs and Border Protection officer Bob Hajime Deleon Guerrero Yamagishi was slapped last Tuesday with a 44-day time served sentence and three years of probation for two counts of wire fraud.
“Starting over is what you need to focus on now,” U.S. District Court for the NMI Chief Judge Ramona V. Manglona told the 42-year-old Yamagishi.
Manglona also ordered Yamagishi to pay $6,794.57 in restitution, $200 in court assessment fee, $500 fine, and perform 50 hours of community service.
During his probation, Yamagishi will be prohibited from possessing firearms and other dangerous weapon, and from entering any gambling establishment.
He was required to undergo drug test and mental health assessment, as well as participate in substance abuse treatment/program.
The judge encouraged Yamagishi to talk to children about the evils of illegal drugs and ordered him to refrain from drinking alcohol. She encouraged his relatives, who were in court yesterday, not to offer him drinks
“Tell your family, you can’t drink,” the judge said.
Yamagishi is also prohibited from opening any credit cards without the court’s permission.
Although the crimes Yamagishi pleaded guilty to are non-violent offenses, Manglona said it still caused him financial harm.
Yamagishi not only caused so much embarrassment to his family but also to the U.S. government as he was then a CBP officer, Manglona said.
Before the sentence was announced, Yamagishi apologized to his family for the embarrassment and pain that he caused to them. As a then-CBP officer, Yamagishi said he was in a position to uphold the law. He said his addiction to “ice” changed him.
“I can only change now and for tomorrow,” he said.
He accepted his mistakes and told the judge he was standing in court to accept the consequences for his actions.
“I look forward to the next chapter of my life,” he said.
Responding to Manglona’s inquiry, Yamagishi said at first he was addicted to gambling, then to “ice.” He said “ice” devastated him as he almost lost everything. He said the only thing he did not lose was his family’s support.
Assistant U.S. attorney Russell Lorfing recommended the lowest in the sentencing guidelines range, a $500 fine, and three years of probation. Lorfing said a probation sentence is appropriate as this will allow Yamagishi to pay back the money he fraudulently obtained.
Lorfing also cited Yamagishi’s immediate acceptance of responsibility.
Attorney Janet H. King, counsel for Yamagishi, recommended no prison term, and a probation.
King said Yamagishi made a terrible mistake, “a mistake that he will carry throughout the rest of his life.” She said the crimes committed did not inflict physical harm to others, but only to Yamagishi and his parents and family.
Yamagishi has seven young children.
King said the defendant wishes to go back to probation.
Yamagishi pleaded guilty to two counts of wire fraud after making illegal cash advance transactions on a travel charge card between July 4 and Aug. 7, 2014.
As then, CBP officer, he made illegal cash advance transactions on a travel charge card 28 times in July 2014 and nine times in August 2014, for a total amount of $6,227.53, according to the indictment.