Former IPI chair could be found in contempt, again

Former Imperial Pacific International Holdings chair Cui Li Jie could be found in contempt of court again for her alleged pattern of behavior to obstruct efforts to preserve her phone records.

According to the third status report regarding Cui’s failure to abide by the federal court’s order to preserve her phone records, lawyer Aaron Halegua said that Cui’s pattern of behavior to obstruct plaintiffs’ effort to preserve her ESI data warrants holding her in contempt.

Back in February, the U.S. District Court for the NMI found Cui in contempt of court in the case filed by seven former IPI construction workers. Prior to that, Cui was found in contempt of court in the suit filed by the U.S. Department of Labor against IPI.

Halegua, who represents the seven workers, said that yesterday marked the third month since the court issued the order compelling Cui to preserve her ESI data yet Cui allegedly still has not fully complied with the order to date.

The report stated that Cui’s cellphone wasn’t shipped out to New York, where Halegua is based, until June 9, 2021.

On top of that, there was an iTunes backup encryption password enabled on the phone that Cui claimed she did not have, resulting in the delay of copying her phone records.

The data was later copied from the device last week, June 24, but based on TransPerfect’s initial review of the phone, Cui’s declaration regarding her ESI data contained several inaccurate or false statements. Halegua said one inaccurate or false statement that Cui made was in regards to her SIM cards. He said the SIM that was received appeared to have never been used.

“Cui’s declaration states that the SIM card that Cui had been using in Saipan was kept in the ‘old phone’ that was sent to TransPerfect. However, TransPerfect stated that the phone did not have a SIM card inside it. The only SIM card sent to TransPerfect appears to have never been used,” he said.

According to Halegua, the plaintiffs are in the process of investigating other statements made to the court by Cui that they believe to be false.

Back on June 4, the Imperial Pacific International Holdings board of directors announced that Cui had resigned as executive director of the company and ceased to be the chairperson of the board, the chairperson of the executive committee of the board, and the authorized representative of the company.

However, Halegua said Cui’s resignation does not change or modify her obligation to comply with the court’s orders.

Cui is a third-party witness in the lawsuit of the seven construction workers against IPI and its former contractor and subcontractor, MCC International and Gold Mantis Construction Decoration.

On May 24, 2021, U.S. District Court for the NMI Chief Judge Ramona V. Manglona entered a $5.9-million default judgment in favor of the plaintiffs against IPI.