Chief Prosecutor Kevyn Lynch yesterday asked the Legislature to come up with a measure that would authorize the government to forfeit properties and money seized from persons found engaged in illegal activities.<\/p>\n
Lynch made the proposal following a court’s order instructing the Attorney General’s Office to release the cash being claimed by businessman Cheung Ying Pin. The cash was among the items seized by government agents during an anti-gambling raid on the former Abracadabra Shop in Garapan last July 3.<\/p>\n
Cheung’s attorney, Joseph Arriola, told the court the government raiders did not issue a receipt when they confiscated the items from Cheung’s establishment.<\/p>\n
At yesterday’s hearing, Superior Court Associate Judge Timothy Bellas rebuked the AGO for failure to issue a receipt for the confiscated items.<\/p>\n
Bellas said the government’s failure to issue a receipt violated the legal procedure, and thus ordered AGO to release the money to Cheung.<\/p>\n
Lawyers for the government and the complainant, however, could not agree on the amount of money seized from Cheung.<\/p>\n
The AGO claimed it is holding only $26,000, but Arriola said his client’s estimate is between $60,000 and $80,000.<\/p>\n
“This is the problem arising from the government’s non-issuance of receipt,” Arriola said.<\/p>\n
Bellas ordered Cheung to issue a receipt to AGO after receiving his money.<\/p>\n
Lynch said both parties have also agreed that Cheung would indemnify the government “if anyone comes up with claims” that he or she is the real owner of the money.<\/p>\n
Lynch said he was disappointed with the judge’s release order.<\/p>\n
“We hope the Legislature will take a look at this and reconsider the whole issue of forfeiture of proceeds of criminal activity and work on . . . a bill that will allow us to forfeit criminal proceeds,” Lynch said.<\/p>\n
Although any pertinent bill that may come up in the future would not apply retroactively to the present case, Lynch said “there’s no time to start but now.”<\/p>\n
Lynch said the Revised CNMI Penal Code, which is awaiting approval by the Legislature, provides for a comprehensive section pertaining to forfeiture of seized properties.<\/p>\n
“That would give the Commonwealth a lot of power to be able to take money from people who are making money committing crime,” Lynch said.<\/p>\n","protected":false},"excerpt":{"rendered":"
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