The federal court sentenced former lieutenant governor Timothy P. Villagomez yesterday to seven years and three months in prison for his role in the Rydlyme corruption scandal.
His sister, former Commonwealth Ports Authority human resources manager Joaquina V. Santos, and her husband, former Commerce Secretary James A. Santos, were sentenced to six years and six months in prison each for their involvement in the scheme to defraud the Commonwealth Utilities Corp. and the United States.
“[Villagomez] is convicted of four very serious felonies,” said U.S. District Court for the NMI Chief Judge Alex R. Munson. “As a lieutenant governor he was in a position of public trust. He betrayed that trust.”
Munson ordered Villagomez and the Santos couple to jointly pay $346,125 to the court for reimbursement to CUC. The judge also required the Santoses to each pay a $25,000 fine.
Villagomez and the Santoses, through their lawyers, told the court that they are going to appeal to the Ninth Circuit.
Calm
Wearing a brown Hawaiian polo shirt and black slacks, the 46-year-old Villagomez was calm as he stood beside one of his lawyers, Leilani Lujan, and listened to Munson's pronouncement of the sentence.
After the sentence, Villagomez wiped his eyes as teary-eyed family members and friends hugged him.
Villagomez and the Santos couple were found guilty on April 24 of all charges relating to CUC's purchases of excessive amounts of a chemical, at a 400 percent markup, from companies owned by James and Joaquina Santos. The scheme extended over 10 years, beginning when Villagomez was executive director of CUC, and lasting through 2007, when Villagomez was lieutenant governor, exercising de facto control over the utility.
At advice of their lawyers, the three did not say anything to the court before their sentences were handed down.
After serving their prison sentences, the three defendants will be placed on three years of supervised probation. Munson also ordered Villagomez and the Santos couple to each pay a $400 court assessment fee and perform 200 hours of community service.
Damage to CUC
Munson said the defendants' scheme caused financial losses to CUC and damaged the public's trust in CUC and the CNMI government.
Munson said the sentences given to the defendants-prison terms, restitution, and supervised release-are appropriate to promote respect for the law.
He said he hopes the sentence will send a strong message to deter other people from committing the same crimes.
Munson said the offense affected everybody in the community as it added damage to a financially struggling CUC, which at the time was suffering from heavy blackouts.
Munson said a probation sentence-as requested by the defendants-is not appropriate as the court doesn't believe that their family's case is extraordinary.
He said Villagomez has a big family who can take care of his elderly mother.
He said the Santoses also have big family who can take care of their children and the Santoses' ailing mother.
Munson said he gave the lowest term in the sentencing guidelines as the defendants have no criminal history or prior convictions.
No acceptance
Munson disagreed with the defense's assertion that the defendants have accepted responsibility for their actions by resigning from their positions.
“There was no acceptance of responsibility. There was no showing of admission of fault and culpability,” said Munson, adding that the defendants in fact subjected the U.S. government to a test for a trial that lasted 19 days.
The judge believes that an appeal will not be successful as there is no debatable issue.
He allowed the three to remain free while a decision is made as to where they will be imprisoned. He ordered the defendants to contact the U.S. Marshal's Office thrice a week to check if a facility has already been designated.
Defense lawyers Leilani Lujan, Victorino Torres, and Ramon Quichocho, counsels for Villagomez, James Santos, and Joaquina Santos respectively, had recommended a probation sentence and, if there is a jail term, it should be converted into home confinement instead.
Lujan said Villagomez is taking care of his elderly mother and that he has minor children to support.
Torres and Quichocho said the Santos couple are taking care of James Santos' ailing mother and they also have children.
Clear message
U.S. Attorney Leonardo M. Rapadas said the sentences send a message to all government officials that no matter what positions of authority they hold, they will be held to high standards of conduct because of the trust placed on them by the people.
“The people should know that at all times when they do business with the government, there will always be fair dealings with those responsible government officials,” Rapadas said in a statement.
Significant sentence
Assistant U.S. Attorney Eric O'Malley who, along with First Assistant U.S. Attorney Jeff Strand, prosecuted the case, told Saipan Tribune yesterday that he respects the court's decision.
“I think he [Munson] weighed all the factors. Of course I was asking for a more severe sentence. I thought that would have been more appropriate,” O'Malley said.
At the hearing, O'Malley recommended 15 years in prison for Villagomez, 97 months for James Santos, and 78 months for Joaquina Santos.
O'Malley said this was such isolated event a stiffer sentence would have sent a stronger message.
“But, as I said, I do respect the court's decision. I think he imposed the lenient sentence because of many factors, not least of which was the fact that there's family members that had to be cared of,” he said.
The prosecutor, however, still sees it as a significant sentence.
“I think that will send a message that there are heavy penalties to pay,” he said.
O'Malley said they also want to convey to the community that they need people to come forward and give them information.
“I want to commend the witnesses at CUC for making this happen,” he said.
IN BRIEF
-TIMOTHY P. VILLAGOMEZ
87 months in prison
3 years supervised release
$346,125 as restitution
-JAMES A. SANTOS
78 months in prison
3 years supervised release
$25,000 fine
$346,125 as restitution
-JOAQUINA V. SANTOS
78 months in prison
3 years supervised release
$25,000 fine
$346,125 restitution
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