Palau News: China Invades Micronesia; ISP Charlie Lee Resign; Chinese Money; Killings
China impacts Guam, Saipan, Palau economies
WRITTEN BY ADMINISTRATOR
MONDAY, 19 OCTOBER 2015 10:48
PDN, October 16, 2015--China’s economic growth has slowed down, but its multi-trillion-dollar economy still affects Guam and other islands in the Western Pacific, said a local economist. When China’s economic growth slows, it tends, like other countries would, to rattle its military sabers, said Joseph Bradley, senior vice president, chief economist and business continuity officer at the Bank of Guam.
Bradley and two other experts were guest speakers Friday at an economic forum sponsored by the Guam Chamber of Commerce Small Business Focus and Development Committee, in partnership with the Guam Small Business Development Center. The forum was held in the Outrigger Guam Resort.
China’s saber-rattling - such as its current territorial disputes with smaller neighboring countries in the South China Sea - could lead to increased U.S. military presence and spending in Guam, Bradley said. He’s neutral on U.S. military expansion on the island, but Bradley said if U.S. military spending does increase significantly, more economic opportunities could open up on the island. Increased U.S. military presence in Guam could add jobs, more income for island residents and increased tax contributions from the paychecks of military and support personnel, he said. Tourism and defense spending are key drivers of Guam’s $4 billion-a-year economy. “There’s about $1.3 billion sitting in accounts and for military construction projects in Guam, but the projects haven’t been contracted out yet. Gary Hiles, chief economist at the Guam Department of Labor”
Gary Hiles, Chief Economist at the Guam Department of Labor
The number of tourists from mainland China isn’t huge; it’s just above 1 percent of Guam’s 1.4 million visitor arrivals last fiscal year, Bradley said. However, Guam’s visitor industry has been hoping that the mainland Chinese tourism market could become a major source of the island’s tourists. Guam has spent years trying to pursue a visa-waiver program for mainland Chinese visitors, but has so far been unsuccessful. Chinese investments are already dominant in Palau and Saipan, local experts said. In the island Republic of Palau, Bradley said, Chinese investors have brought in “buckets full of money.” They’re buying up hotels and apartment buildings and converting them into bed-and-breakfast places, Bradley said.
Some of the small, local tourism operators in Palau, however, are beginning to feel pinched by the massive foreign investment. Bradley said Chinese investors are also bringing in their own tour boat and tour bus operators in Palau, so local small businesses are struggling to compete.
In Saipan, Chinese investments include proposed massive hotel and casino development projects. If all of the proposed hotel developments in Saipan materialize, Saipan would have more hotel rooms than Guam, said money management expert David John, another speaker at the “Guam Economic Outlook” seminar.
Guam outlook
Gary Hiles, chief economist at the Guam Department of Labor, said government of Guam General Fund revenues increased 3.8 percent to $699.6 million in fiscal 2015. However, while individual income tax payments increased 30 percent, business tax collections and corporate income tax payments decreased 4 percent, according to Hiles. Corporate tax credits were part of the decrease, he said. Hiles and Bradley agreed that the economy is progressing, but not at a robust pace - yet. There’s about $1.3 billion sitting in accounts and for military construction projects in Guam, but the projects haven’t been contracted out yet, Hiles said.
Japan has contributed more than $1 billion to help the United States move some of the Marines in Okinawa to a new base in Guam. That relocation is expected to cost more than $8 billion. If the military starts awarding contracts, the local economy is poised for an upswing, Hiles said. “They’re buying up hotels and apartment buildings and converting them into bed-and-breakfast places.”
Joseph Bradley, Bank of Guam Senior Vice President / Chief Economist and Business Continuity Officer
The good news about Guam’s economy this year is there hasn’t been any glaringly bad economic news locally, John said. A few hundred jobs were added to the local economy, and in addition to an increase in the number of working Guamanians, many island residents are working more paid hours, John said.
Hiles said the private sector job numbers increased 2.4 percent, local government job numbers increased 1.4 percent, while the federal government jobs total increased 1 percent. Private sector employers had more than 46,970 people on payroll, GovGuam had 11,760 personnel, and the federal government employed 4,030 in Guam, as of March this year, Hiles said. Lower gasoline prices also have added spending money in the pockets of island residents, John said. Island residents buy about 5 million gallons of gasoline at the pumps each month, and prices at the pumps are at least $1 lower than they were over a year ago, John said.
http://islandtimes.us/index.php?option=com_content&view=article&id=2140%3Achina-impacts-guam-saipan-palau-economies&catid=14%3Aregional&Itemid=1
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Plea agreement for Chinese nabbed with $30K undeclared cash at airport
WRITTEN BY ADMINISTRATOR
THURSDAY, 08 OCTOBER 2015 09:53
Money she brought in forfeited in favor of gov’t, case dismissed
The Attorney General Office yesterday concluded litigation against Chen Hong and she left Palau. Chen Hong has a history of Cash Courier Act violations. That Act requires anyone entering the country to declare whether they are carrying $10,000 or more in cash. The law is designed to prevent money laundering.
On February 1, 2015, Chen Hong arrived in Palau from mainland China. She claimed it was her first visit and that she was not carrying $10,000 or more in cash. During a luggage inspection, an officer found $20,000 in cash. During an interview, officers found that Hong had visited Palau on seven previous occasions. Charges for a violation of the Cash Courier Act were filed. She was convicted and fined $1,000. In addition, in a separate civil lawsuit, she was fined $1,000. The judge returned the remainder of the money to Hong, and she left Palau.
On September 28, 2015, Hong arrived in Palau from mainland China at the airport and failed to declare she was carrying $30,300 in cash. She lied to the customs officer during an interview. She was charged with a misdemeanor, and a civil lawsuit was filed under the Cash Courier Act.
In a settlement agreement, Hong surrendered all of the cash to the Republic of Palau, and the AGO agreed to dismiss the criminal case. (See see attached settlement agreement.) These circumstances indicate that Hong is repeatedly carrying large amounts of cash money from China and hiding the transportation of that money from the Republic of Palau. Despite being caught and prosecuted, Hong returned to Palau and repeated her crime. Based on this pattern of illegal activity, the Attorney General will be asking the President to designate Hong an undesirable alien, preventing her from re-entering Palau. All travelers must accurately complete a form when entering the country and report any cash in the amount of $10,000 or more.
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Letter to the Editor
WRITTEN BY ADMINISTRATOR (FROM AG)
THURSDAY, 08 OCTOBER 2015 09:51
(REVISED LETTER)
October 4, 2015
John Bradley, Esq.
Attorney General
Republic of Palau
Office of the Attorney General
P.O. Box 1365
Koror, Republic of Palau 96940
Dear Mr. Bradley,
I am writing to resign as Interim Special Prosecutor. My resignation shall be effective October 5, 2015. I am returning to the United States to be closer to my family and to undertake several opportunities here. I have briefed my Assistant Attorney, Ms. Melissa Simms, on all matters concerning the office of the Special Prosecutor. Under RPPL 9-24, you may appoint a new Interim Special Prosecutor immediately upon my resignation. I recommended Ms. Simms to replace m as Interim Special Prosecutor, she is already working as an attorney in the OSP and is familiar with the office’s operations and case load. Ms. Simms is otherwise extremely qualified for the job, she has worked for the Office of the Attorney General in Saipan and prosecuted for years in Georgia.
Sincerely,
R. Charles Lee
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Supreme Court Appellate Division dismisses appeal in SOE case
WRITTEN BY JOSE RODRIGUEZ T. SENASE
THURSDAY, 08 OCTOBER 2015 09:52
Says Trial Division made error in prior ruling
The Appellate Division of the Supreme Court has dismissed the appeal made by former President Johnson Toribiong in the case relating to the declaration of a State of Emergency (SOE) in the aftermath of the catastrophic fire that hit the Aimeliik Power Plant four years ago. In a Per Curiam (by the court) opinion handed down on October 5, 2015, the Appellate Division said it was wrong for the Trial Division to certify its ruling for appeal when it issued a partial summary judgment on the case last year.
According to the Appellate Panel, the Trial Division’s certification of the partial summary judgment for immediate appeal was in error because the constitutional claim had not been fully resolved. “Because we determine that doing so constituted legal error, we dismiss the appeal,” the decision reads. The decision was signed by the Appellate Panel consisting of Supreme Court Associate Justice Ashby pate, Part-Time Associate Justice Katherine Maraman, and Associate Justice Pro Tem C. Quay Polloi. Chief Justice Arthur Ngiraklsong presided over the case in the Trial Division.
On November 5, 2011, a fire occurred at the Aimeliik Power Plant, crippling the electricity services for much of Babeldaob and Koror. Two days later, then-President Toribiong issued an emergency declaration.
In February 2012, Alan Seid filed a complaint against the Toribiong in his official capacity, claiming that Toribiong’s emergency declaration, as well as the legislative actions he took thereunder, violated the Constitution. Seid’s complaint also sought damages from Toribiong in his personal capacity for the alleged constitutional violations. After reviewing two motions to dismiss filed by Toribiong and the Republic, the Trial Division concluded that the emergency declaration was unconstitutional and that the dismissal was not appropriate.
The Trial Division further noted that “since the trial on remedies may be significant, it believes it is best to get the final judgment on this partial Order before proceeding to the remaining issues.” Accordingly, the Trial Division entered judgment for Seid, ruling that the emergency declaration was unconstitutional, and certified that there was no just reason to delay the entry of a partial judgment on the issue of a declaration’s constitutional validity for purposes of immediate appeal. Toribiong filed a notice of appeal, challenging the Trial Division’s orders denying both motions to dismiss and entering partial judgment for Seid.
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Peleliu killing suspect pleads not guilty
WRITTEN BY JOSE RODRIGUEZ T. SENASE
THURSDAY, 01 OCTOBER 2015 23:40
The suspect in the killing which occurred at Peleliu last week has plead not guilty to the charge against him. Jason Nagata, 45, entered his plea before Chief Justice Arthur Ngiraklsong during court appearance on September 21, 2015. He was accompanied during the hearing by Assistant Public Defender Danail Mizinov.
Assistant Attorney General Elizabeth Miles is representing the Republic in the case.
Nagata has earlier been charged for Manslaughter in connection with the death of Polenski Jones that occurred last Sept. 17, 2015 at Peleliu. According to court documents, Jones and Garydean Mekui engaged in verbal altercation which turned physical. During the altercation, Jones struck Mekui in the head with a cinder block. Mekui then left to call the police. Upon learning that the police had left the island, he armed himself with a knife and returned to continue arguing with Jones. The two fought over the knife, which was knocked free as they were struggling with each other. While Mekui and Jones were fighting, Nagata armed himself with a large stick from the fire and struck Jones in the head at least two times. Jones fell to the ground and Nagata struck him two more times in the head with the stick. Jones later died from the wounds he sustained earlier.
A status conference on the case has been set for October 22, 2015.
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Tmetuchl announces VP bid
WRITTEN BY ADMINISTRATOR
THURSDAY, 08 OCTOBER 2015 23:21
In a gathering of family, colleagues and friends to celebrate his 57th birthday, Senator Mlib Tmetuchl made his first public declaration to run for the second highest office of the nation, the Office of the Vice President of the Republic of Palau.
Senator Tmetuchl for many years has celebrated his birthday with others who were born on the same day of October 8, and in keeping with this personal tradition, many joined in celebrating their personal birthdays with him at the Rip Tide Bar and Grill. Senator Tmetuchl enters the race for the Office of the Vice President in the 2016 election motivated by the catchphrase “Melemalt e Tabesul”, promoting good governance and best practices that embrace transparency and accountability in a government that fosters inclusive opportunities for its citizens . While signs posted around town have hinted his bid for the Vice Presidency, this would be the first public declaration. The Senator has held regular meetings with small groups for the past year to solicit their views on a wide range of issues and ask for their support.
Senator Mlib Tmetuchl enters the race for the Office of the Vice President after serving four consecutive terms as a Senator of the Olbiil Era Kelulau in the last sixteen years. He was President of the Senate for the entire term of the 8th Olbiil Era Kelulau and has served as Chairman and member of various standing committees of the Senate throughout his career. He is an active member and contributor of the business and other community organizations and has dedicated most of his life to developing our youth through sports, especially baseball. Senator Tmetuchl enters the race with the blessing of his wife Dixie Tmetuchl and their three children and the full support of his family and many supporters.
WRITTEN BY ADMINISTRATOR
MONDAY, 19 OCTOBER 2015 10:48
PDN, October 16, 2015--China’s economic growth has slowed down, but its multi-trillion-dollar economy still affects Guam and other islands in the Western Pacific, said a local economist. When China’s economic growth slows, it tends, like other countries would, to rattle its military sabers, said Joseph Bradley, senior vice president, chief economist and business continuity officer at the Bank of Guam.
Bradley and two other experts were guest speakers Friday at an economic forum sponsored by the Guam Chamber of Commerce Small Business Focus and Development Committee, in partnership with the Guam Small Business Development Center. The forum was held in the Outrigger Guam Resort.
China’s saber-rattling - such as its current territorial disputes with smaller neighboring countries in the South China Sea - could lead to increased U.S. military presence and spending in Guam, Bradley said. He’s neutral on U.S. military expansion on the island, but Bradley said if U.S. military spending does increase significantly, more economic opportunities could open up on the island. Increased U.S. military presence in Guam could add jobs, more income for island residents and increased tax contributions from the paychecks of military and support personnel, he said. Tourism and defense spending are key drivers of Guam’s $4 billion-a-year economy. “There’s about $1.3 billion sitting in accounts and for military construction projects in Guam, but the projects haven’t been contracted out yet. Gary Hiles, chief economist at the Guam Department of Labor”
Gary Hiles, Chief Economist at the Guam Department of Labor
The number of tourists from mainland China isn’t huge; it’s just above 1 percent of Guam’s 1.4 million visitor arrivals last fiscal year, Bradley said. However, Guam’s visitor industry has been hoping that the mainland Chinese tourism market could become a major source of the island’s tourists. Guam has spent years trying to pursue a visa-waiver program for mainland Chinese visitors, but has so far been unsuccessful. Chinese investments are already dominant in Palau and Saipan, local experts said. In the island Republic of Palau, Bradley said, Chinese investors have brought in “buckets full of money.” They’re buying up hotels and apartment buildings and converting them into bed-and-breakfast places, Bradley said.
Some of the small, local tourism operators in Palau, however, are beginning to feel pinched by the massive foreign investment. Bradley said Chinese investors are also bringing in their own tour boat and tour bus operators in Palau, so local small businesses are struggling to compete.
In Saipan, Chinese investments include proposed massive hotel and casino development projects. If all of the proposed hotel developments in Saipan materialize, Saipan would have more hotel rooms than Guam, said money management expert David John, another speaker at the “Guam Economic Outlook” seminar.
Guam outlook
Gary Hiles, chief economist at the Guam Department of Labor, said government of Guam General Fund revenues increased 3.8 percent to $699.6 million in fiscal 2015. However, while individual income tax payments increased 30 percent, business tax collections and corporate income tax payments decreased 4 percent, according to Hiles. Corporate tax credits were part of the decrease, he said. Hiles and Bradley agreed that the economy is progressing, but not at a robust pace - yet. There’s about $1.3 billion sitting in accounts and for military construction projects in Guam, but the projects haven’t been contracted out yet, Hiles said.
Japan has contributed more than $1 billion to help the United States move some of the Marines in Okinawa to a new base in Guam. That relocation is expected to cost more than $8 billion. If the military starts awarding contracts, the local economy is poised for an upswing, Hiles said. “They’re buying up hotels and apartment buildings and converting them into bed-and-breakfast places.”
Joseph Bradley, Bank of Guam Senior Vice President / Chief Economist and Business Continuity Officer
The good news about Guam’s economy this year is there hasn’t been any glaringly bad economic news locally, John said. A few hundred jobs were added to the local economy, and in addition to an increase in the number of working Guamanians, many island residents are working more paid hours, John said.
Hiles said the private sector job numbers increased 2.4 percent, local government job numbers increased 1.4 percent, while the federal government jobs total increased 1 percent. Private sector employers had more than 46,970 people on payroll, GovGuam had 11,760 personnel, and the federal government employed 4,030 in Guam, as of March this year, Hiles said. Lower gasoline prices also have added spending money in the pockets of island residents, John said. Island residents buy about 5 million gallons of gasoline at the pumps each month, and prices at the pumps are at least $1 lower than they were over a year ago, John said.
http://islandtimes.us/index.php?option=com_content&view=article&id=2140%3Achina-impacts-guam-saipan-palau-economies&catid=14%3Aregional&Itemid=1
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Plea agreement for Chinese nabbed with $30K undeclared cash at airport
WRITTEN BY ADMINISTRATOR
THURSDAY, 08 OCTOBER 2015 09:53
Money she brought in forfeited in favor of gov’t, case dismissed
The Attorney General Office yesterday concluded litigation against Chen Hong and she left Palau. Chen Hong has a history of Cash Courier Act violations. That Act requires anyone entering the country to declare whether they are carrying $10,000 or more in cash. The law is designed to prevent money laundering.
On February 1, 2015, Chen Hong arrived in Palau from mainland China. She claimed it was her first visit and that she was not carrying $10,000 or more in cash. During a luggage inspection, an officer found $20,000 in cash. During an interview, officers found that Hong had visited Palau on seven previous occasions. Charges for a violation of the Cash Courier Act were filed. She was convicted and fined $1,000. In addition, in a separate civil lawsuit, she was fined $1,000. The judge returned the remainder of the money to Hong, and she left Palau.
On September 28, 2015, Hong arrived in Palau from mainland China at the airport and failed to declare she was carrying $30,300 in cash. She lied to the customs officer during an interview. She was charged with a misdemeanor, and a civil lawsuit was filed under the Cash Courier Act.
In a settlement agreement, Hong surrendered all of the cash to the Republic of Palau, and the AGO agreed to dismiss the criminal case. (See see attached settlement agreement.) These circumstances indicate that Hong is repeatedly carrying large amounts of cash money from China and hiding the transportation of that money from the Republic of Palau. Despite being caught and prosecuted, Hong returned to Palau and repeated her crime. Based on this pattern of illegal activity, the Attorney General will be asking the President to designate Hong an undesirable alien, preventing her from re-entering Palau. All travelers must accurately complete a form when entering the country and report any cash in the amount of $10,000 or more.
-------------------------------------------------------------
Letter to the Editor
WRITTEN BY ADMINISTRATOR (FROM AG)
THURSDAY, 08 OCTOBER 2015 09:51
(REVISED LETTER)
October 4, 2015
John Bradley, Esq.
Attorney General
Republic of Palau
Office of the Attorney General
P.O. Box 1365
Koror, Republic of Palau 96940
Dear Mr. Bradley,
I am writing to resign as Interim Special Prosecutor. My resignation shall be effective October 5, 2015. I am returning to the United States to be closer to my family and to undertake several opportunities here. I have briefed my Assistant Attorney, Ms. Melissa Simms, on all matters concerning the office of the Special Prosecutor. Under RPPL 9-24, you may appoint a new Interim Special Prosecutor immediately upon my resignation. I recommended Ms. Simms to replace m as Interim Special Prosecutor, she is already working as an attorney in the OSP and is familiar with the office’s operations and case load. Ms. Simms is otherwise extremely qualified for the job, she has worked for the Office of the Attorney General in Saipan and prosecuted for years in Georgia.
Sincerely,
R. Charles Lee
----------------------------------------------------------
Supreme Court Appellate Division dismisses appeal in SOE case
WRITTEN BY JOSE RODRIGUEZ T. SENASE
THURSDAY, 08 OCTOBER 2015 09:52
Says Trial Division made error in prior ruling
The Appellate Division of the Supreme Court has dismissed the appeal made by former President Johnson Toribiong in the case relating to the declaration of a State of Emergency (SOE) in the aftermath of the catastrophic fire that hit the Aimeliik Power Plant four years ago. In a Per Curiam (by the court) opinion handed down on October 5, 2015, the Appellate Division said it was wrong for the Trial Division to certify its ruling for appeal when it issued a partial summary judgment on the case last year.
According to the Appellate Panel, the Trial Division’s certification of the partial summary judgment for immediate appeal was in error because the constitutional claim had not been fully resolved. “Because we determine that doing so constituted legal error, we dismiss the appeal,” the decision reads. The decision was signed by the Appellate Panel consisting of Supreme Court Associate Justice Ashby pate, Part-Time Associate Justice Katherine Maraman, and Associate Justice Pro Tem C. Quay Polloi. Chief Justice Arthur Ngiraklsong presided over the case in the Trial Division.
On November 5, 2011, a fire occurred at the Aimeliik Power Plant, crippling the electricity services for much of Babeldaob and Koror. Two days later, then-President Toribiong issued an emergency declaration.
In February 2012, Alan Seid filed a complaint against the Toribiong in his official capacity, claiming that Toribiong’s emergency declaration, as well as the legislative actions he took thereunder, violated the Constitution. Seid’s complaint also sought damages from Toribiong in his personal capacity for the alleged constitutional violations. After reviewing two motions to dismiss filed by Toribiong and the Republic, the Trial Division concluded that the emergency declaration was unconstitutional and that the dismissal was not appropriate.
The Trial Division further noted that “since the trial on remedies may be significant, it believes it is best to get the final judgment on this partial Order before proceeding to the remaining issues.” Accordingly, the Trial Division entered judgment for Seid, ruling that the emergency declaration was unconstitutional, and certified that there was no just reason to delay the entry of a partial judgment on the issue of a declaration’s constitutional validity for purposes of immediate appeal. Toribiong filed a notice of appeal, challenging the Trial Division’s orders denying both motions to dismiss and entering partial judgment for Seid.
------------------------------------------------------------
Peleliu killing suspect pleads not guilty
WRITTEN BY JOSE RODRIGUEZ T. SENASE
THURSDAY, 01 OCTOBER 2015 23:40
The suspect in the killing which occurred at Peleliu last week has plead not guilty to the charge against him. Jason Nagata, 45, entered his plea before Chief Justice Arthur Ngiraklsong during court appearance on September 21, 2015. He was accompanied during the hearing by Assistant Public Defender Danail Mizinov.
Assistant Attorney General Elizabeth Miles is representing the Republic in the case.
Nagata has earlier been charged for Manslaughter in connection with the death of Polenski Jones that occurred last Sept. 17, 2015 at Peleliu. According to court documents, Jones and Garydean Mekui engaged in verbal altercation which turned physical. During the altercation, Jones struck Mekui in the head with a cinder block. Mekui then left to call the police. Upon learning that the police had left the island, he armed himself with a knife and returned to continue arguing with Jones. The two fought over the knife, which was knocked free as they were struggling with each other. While Mekui and Jones were fighting, Nagata armed himself with a large stick from the fire and struck Jones in the head at least two times. Jones fell to the ground and Nagata struck him two more times in the head with the stick. Jones later died from the wounds he sustained earlier.
A status conference on the case has been set for October 22, 2015.
-----------------------------------------------------
Tmetuchl announces VP bid
WRITTEN BY ADMINISTRATOR
THURSDAY, 08 OCTOBER 2015 23:21
In a gathering of family, colleagues and friends to celebrate his 57th birthday, Senator Mlib Tmetuchl made his first public declaration to run for the second highest office of the nation, the Office of the Vice President of the Republic of Palau.
Senator Tmetuchl for many years has celebrated his birthday with others who were born on the same day of October 8, and in keeping with this personal tradition, many joined in celebrating their personal birthdays with him at the Rip Tide Bar and Grill. Senator Tmetuchl enters the race for the Office of the Vice President in the 2016 election motivated by the catchphrase “Melemalt e Tabesul”, promoting good governance and best practices that embrace transparency and accountability in a government that fosters inclusive opportunities for its citizens . While signs posted around town have hinted his bid for the Vice Presidency, this would be the first public declaration. The Senator has held regular meetings with small groups for the past year to solicit their views on a wide range of issues and ask for their support.
Senator Mlib Tmetuchl enters the race for the Office of the Vice President after serving four consecutive terms as a Senator of the Olbiil Era Kelulau in the last sixteen years. He was President of the Senate for the entire term of the 8th Olbiil Era Kelulau and has served as Chairman and member of various standing committees of the Senate throughout his career. He is an active member and contributor of the business and other community organizations and has dedicated most of his life to developing our youth through sports, especially baseball. Senator Tmetuchl enters the race with the blessing of his wife Dixie Tmetuchl and their three children and the full support of his family and many supporters.