Doolittle - Next to Fall?

February 27, 2009

New documents that have been released relating to the Kevin Ring indictment further implicate both former Rep. John Doolittle (R-Abramoff) and his wife, Julie Doolittle. Kevin Ring's attorneys moved to dismiss the charges against him. Today the United States responded with GOVERNMENT’S OPPOSITION TO DEFENDANT’S MOTION TO DISMISS THE INDICTMENT. In their argument, the U.S. stated that the grand jury properly charged Ring with six counts of honest services wire fraud.

The document contains information that connects Doolittle directly to the charges. In the indictment Doolittle is represented as "Representative 5":

In return for that stream of things of value, the public officials helped Ring and his clients on many fronts. For example, some helped one of Ring’s Native American Indian tribe clients reclaim an important piece of land in New Mexico. Albaugh used his position as a staffer on the U.S. House of Representatives Appropriations Committee to ensure that earmarks benefiting Ring’s clients became law. Representative 5 and his office helped Ring and his clients in so many ways that Representative 5 remarked that he felt like a “subsidiary” of Ring’s lobbying firm.

The document discusses the fact that Julie Doolittle accepted payment from Ring:

As for the wire based on the deposit in Count VIII, the payments to Representative 5’s wife were an important thing of value that Ring, Abramoff, and the other
coconspirator lobbyists provided to Representative 5 in return for favorable official acts. Her deposit of the check and the interstate wiring required to execute the transfer or funds were reasonably foreseeable to Ring, otherwise she would not have received the payment.

TPM Muckraker detailed Julie Doolittle's involvement in the scheme:

Julie Doolittle's involvement began when her business records were subpoenaed in 2004 after her "consulting company," Sierra Dominion, was hired by Abramoff. A few years later, in 2007, the FBI raided the Doolittle's home for additional evidence related to their investigation of Abramoff. The same day the raid occurred -- man of the hour, Kevin Ring, a Doolittle staffer prior to his work at Abramoff's Greenberg Taurig -- resigned from his subsequent job at a different lobbying firm.

Together, John paid Julie 15% of the takings from his PAC -- "payment" for money she reportedly raised herself. He also arranged for her hiring by Abramoff, requesting that she be given work, but not "too much," according to an email obtained in Ring's indictment. "Since she has responsibilities at home as a mother and wife." According to the indictment, Abramoff obliged giving Julie a $5000 a month job, as an events planner. As it turned out, all the events that she planned were canceled - but that didn't stop her from getting paid. In the end, Julie was paid $96,000 between 2002 and 2004 by Abramoff's firm.

The court documents filed today also state:

In addition, and beyond what the indictment alleges, the government will prove at trial that, for example, Ring was aware that the FBI was actively investigating the matter, gathering documents, and attempting to interview his coconspirators.

In April 2007, the FBI raided Doolittle's Virginia office as reported by The Hill:

The FBI searched the Oakton, Va., home of Rep. John Doolittle (R-Calif.) Friday in its ongoing investigation into the congressman and his wife’s ties to former lobbyist Jack Abramoff.

Doolittle was not at home at the time of the search and congressional records were not seized.

The search occurred the same day Doolittle’s former chief of staff, Kevin Ring, abruptly resigned from the lobbying firm, Barnes and Thornburg.

The Politico reported in June 2007 that six former Doolittle aides were interviewed by federal investigators:

A federal grand jury has issued document subpoenas to six aides to embattled GOP Rep. John Doolittle (Calif.), who is under investigation by the Justice Department over his ties to imprisoned former Republican lobbyist Jack Abramoff.

The subpoenas were issued to Ron Rogers, Doolittle's chief of staff; Dan Blankenburg, deputy chief of staff; Alisha Perkins, scheduler; Evan Goitein, legislative director; Martha Franco, senior executive assistant; and Gordon Hinkle, field rep.

Some Background

Kevin Ring and wife Kernie (center) with Rep. John Doolittle (left) and wife, Julie (right).

Kevin Ring, a former Abramoff lobbyist, former staffer to John Doolittle (R-CA), and former aide to former Senator John Ashcroft was arrested September 8, 2008 in Maryland on a variety of charges including conspiracy, payment of a gratuity, wire fraud, and obstruction of justice. The Associated Press reported:

Kevin Ring, 37, pleaded not guilty to a 10-count federal indictment that accuses him of conspiring with Abramoff to win assistance from congressional and executive-branch officials by giving them things of value, and helping them skirt requirements to report those gifts.

He appeared in federal court unshaven, his hair rumpled, wearing shorts and a T-shirt and occasionally fighting back tears as he exchanged glances with his wife.
Ring's lawyer said that despite cooperating voluntarily for two years, Ring was not allowed to surrender himself.

"The prosecutors orchestrated the spectacle of arresting Mr. Ring in front of his wife and children this morning," attorney Richard Hibey said in a statement.

"While Mr. Ring had been cooperating with officials for over two years, he simply could not plead guilty to crimes he did not commit. From that point he was deemed uncooperative."

The indictment accuses Ring of obstructing justice by attempting to thwart a grand jury and congressional investigation, and of engaging in a scheme to deprive citizens of the honest services of their elected officials.

From the press statement from the Department of Justice:

"On September 5, 2008, a federal grand jury in Washington, D.C. returned a ten-count public-corruption indictment against Kevin A. Ring, age 37, a former lobbyist who worked with Jack A. Abramoff, announced Stuart M. Goldberg, Acting United States Attorney for the District of Maryland, and Acting Principal Deputy Assistant Attorney General Rita M. Glavin of the Criminal Division. The indictment was unsealed today after Ring was arrested. Ring is scheduled to have his initial appearance at 1:45 p.m. today in federal court in the District of Columbia.

The indictment charges Ring with conspiring with Abramoff and others to corrupt congressional and executive-branch officials by providing things of value to several public officials to induce or reward those who took official actions benefiting Ring and his clients. The indictment also charges Ring with paying a gratuity to a public official and with several counts of engaging in a scheme to deprive the U.S. citizens of their right to the honest services of certain public officials. Finally, the indictment charges Ring with two counts of obstructing justice, stemming from his efforts to thwart a grand jury and congressional investigation by preventing the reporting of his criminal conduct to federal authorities.

According to the indictment, as a lobbyist for a Washington D.C. law and lobbying firm, Ring solicited and obtained business throughout the United States, including with Native American tribal governments operating and interested in operating gambling casinos. Ring allegedly sought to further his clients' interests by lobbying public officials in the legislative and executive branches of the federal government.

According to the indictment, Ring and his coconspirators identified public officials who would perform official actions that would assist Ring and his clients, then groomed those public officials by providing things of value with the intent of making those public officials more receptive to requests on behalf of their clients in the future. Ring and his coconspirators allegedly provided things of value as a means of influencing, inducing and rewarding official actions, and in exchange for official actions. These things of value included all-expenses-paid domestic and international travel, fundraising assistance, meals, drinks, golf, tickets to professional sporting events, concerts and other events, and employment opportunities to spouses of congressional members and staff. According to the indictment these things of value were often billed to Ring's and Abramoff's clients.

The indictment alleges that Ring and his coconspirators engaged in this conduct with the former chief of staff for a U.S. Representative identified as Representative 4; employees of a current U.S. Representative, identified as Representative 5; former U.S. Representative Robert Ney and his employees; officials at the Department of Justice and the Department of Interior, and other congressional offices and executive branch entities. Saipan blog, Saipan, Rota, Tinian, Saipan crime, Northern Mariana Islands, CNMI, Abramoff

The indictment further charges that Ring and his coconspirators attempted to conceal their practice of influencing and securing official actions and rewarding those actions by providing things of value to certain public officials. Ring and his coconspirators allegedly understood that the public officials to whom they provided things of value were failing to report those gifts as required and were filling out false financial disclosure forms, because to fill out the forms truthfully would reveal that they had accepted gifts in violation of ethical rules and federal law.
According to the indictment, once Abramoff's and Ring's employer, identified as Firm B in the indictment, learned about potential misconduct by Abramoff, Firm B launched an internal investigation by hiring outside counsel.

The indictment charges that Ring made a number of materially false statements in order to prevent the communication of information concerning possible federal criminal offenses to law enforcement and to obstruct known grand jury and congressional investigations, including false statements about: (1) his knowledge of Abramoff's financial relationship with lobbyist Michael Scanlon; (2) his own receipt of a $135,000 kickback; and (3) his knowledge of how Abramoff obtained a job for the wife of Representative 5. If convicted, Ring faces a maximum sentence of five years in prison for conspiracy; three years in prison for payment of a gratuity; 20 years in prison for each of six counts of honest services wire fraud; and 10 years in prison for each of two counts of obstruction of justice. Ring could also be ordered to pay a fine of up to $250,000.

"Representative 4" is former Rep. Ernest Istook (R-OK).

REFERENCES TO THE CNMI IN THE INDICTMENT

Kevin Ring is a key figure in the Abramoff billing records and in email correspondence with CNMI officials. He is listed in the billing records far too many times to quote. So it is not surprising that the CNMI figures prominently in Ring's indictment.

On page 15, paragraph 62 of the indictment, the CNMI is mentioned in what I believe was an attack on Chie Abad, a former CNMI garment worker who I interviewed in 1998 who had been granted asylum.

On page 15, paragraph 65 discusses a conversation Doolittle would have with Transportation Committee Chair about CNMI projects.

On page 15-16, paragraph 67, Ring forwarded an email to Doolittle's legislative director confirming that he had written to the Army Corps of Engineers in support of several appropriations requests for the CNMI.

I have repeatedly called Doolittle, Schaffer, Young, Rohrabacher, Delay and other co-conspirators foot soldiers of Abramoff. In the indictment on page 19, paragraph 87 Ring called Representative 5 (John Doolittle) a "good soldier, doing everything we asked of him..." I knew they were soldiers!

Page 20, paragraph 98 reads:

On or about July 19, 2001, defendant Ring and another member of the lobbying team met with Representative 5's Legislative Director and another congressional staffer to discuss a CNMI appropriations request and Representative 5's agreement to allow it into an energy and water bill.

The support of Doolittle (Rep 5) for the CNMI is evidenced in Saipan Tribune and Marianas Variety news articles such as these:

US lawmaker hails CNMI transformation March 22, 2001, by Tribune Staff

US House leaders' support in the bag April 9, 2001, by Tribune Staff

On Saipan's garment sector US Congress sees true picture May 01, 2001, by Tribune Staff

Fitial vows to solicit federal funds for local infra projects May 18, 2001

CNMI receives support of US Congress ally May 22, 2001, by Tribune Staff

Doolittle backs Fitial candidacy, August 20, 2001, by Tribune Staff

Young lauds labor and business reforms, April 17, 2000

17 legislators off to Washington next week March 31, 2000 (who paid for that trip?)

Page 27 of the indictment, paragraph 146:

On or about March 14, 2001, defendant Ring and another Firm B lobbyist attended a meeting with Ney in Ney's office to secure his agreement to cosponsor legislation that would allow Abramoff's clients, who were garment manufacturers, to use "Made in the USA" labels on garments manufactured in the CNMI, while exempting the manufacturers from federal labor laws applicable to manufacturers operating in the continental United States.

Is this a reference to the Western Pacific Economic Council (WPEC) ? (Business group seeks retention of lobbying funds?)

Governor Fitial called Doolittle a "good friend", and Rep. Doolittle backed Fitial, the Covenant Party candidate as this political ad shows.

586: Saipan Connections to Chicago Crime Ring

Wanted by FBI:Guoqi Zhang, Jun Shun Zhang and Zhaofa Wang (FBI Photos) 

February 27, 2009

Two Illinois Secretary of State Office employees and 17 others were indicted Wednesday for running a phony ID scheme in the Chinatown, Chicago neighborhood.  The scheme started to unravel earlier this year.  In January, The Washington Post reported that social security cards from Saipan were being sold to illegals in the United States.  This fraudulent document scheme was included among a series of charges filed against Jung Ho Cho:

The agents then met a friend of Cho's named Dong Young "Dereck" Shin, 47, who was in the business of selling Social Security cards, court records say. The cards were issued to Chinese nationals in the Mariana Islands to allow them to work, Ramsey said, but recipients were selling them, sometimes with passports of family information.

The Social Security cards were then used in the continental United States to obtain driver's licenses and credit cards. And then mortgages. Special Agent Ashan Benedict said people were able to establish good credit scores by making timely payments for months or years, all under false identities.

From the Cho complaint (emphasis added):

The investigation also uncovered money laundering schemes and a sophisticated scheme of identification fraud and identity theft. The money laundering will be described later. The identification fraud scheme centers on Social Security numbers and cards issued in the Commonwealth of the Northern Mariana Islands (including the island of Saipan) generally to citizens of China. Those numbers begin with "586" (hereinafter "586 number" or "586 card"). The 586 numbers and cards, generally issued to Chinese nationals, then have been transferred to Koreans, who have used the Chinese national's name and 586 number. Some have used the name on fraudulent, photo-substituted passports and then used the other person's 586 number, 586 card, and a photo substituted passport to obtain a genuine driver's license in the false identity from the Illinois Department of Motor Vehicles (DMV). As will be described below, some of the targets involved in the contraband cigarette trafficking also are involved in the identification fraud and identity theft. The fraud appears to be motivated in some instances by immigration issues and in other instances by the desire to engage in financial frauds.

(Also see this post.) 

This week's arrests netted a Chicago crime leader, Jun Yun Zhang who operated a scheme that involved fraudulent documents and cheating on tests for driver's licenses.  The operation has been ongoing for over five years according to the Chicago Sun Times:

The ring would provide customers with false Social Security numbers, then escort them to a Secretary of State’s driver’s license facility where they obtained either fraudulent state identification cards or driver’s licenses.

The complaint says between 2003 and 2008, thousands of driver’s licenses and ID cards were issued to individuals using Social Security numbers with a 586 prefix -- unusual because those numbers are assigned in American Samoa, Guam, the Philippines and Saipan.

In contrast, between 1970 and 2002, the state issued only hundreds of driver’s licenses and ID cards to individuals using Social Security numbers beginning with 586. The spike was due in large part to the illegal document ring allegedly operated by Zhang and 18 others, the release says.

The defendants include former Secretary of State's office workers Timothy T. Johnson Jr., 30, of Justice; and James M. Howell, 49, of Chicago, both of whom worked at the Bridgeview office, according to the release.

The charges allege Zhang and the others sold fraudulent “identity sets” -- ranging in price from $1,200 to $3,500 -- to predominantly Chinese, Korean and Indonesian nationals smuggled into or already in the United States illegally.

The complaint, unsealed 2 days ago, states that they recruited customers from foreign language newspapers circulated in major cities like Chicago and Atlanta.  The complaint contains several examples of the translated ads:

World Journal Chicago Internet Edition, (May 19, 2008), Expedite driver's license, guarantee passing, Chicago driver's license, Money back guarantee...

The Sun Times reported:

They allegedly assisted non-English-speaking customers pass the English version of the driver’s license exam by providing an alpha-numeric series of rules to memorize answers. If customers failed or did not want to take the road test, they could pay more to defendants who bribed the SOS employees to alter or forge test results, the release said.

FBI agents and Chicago Police began arresting up to 17 defendants, including 14 in the area and one each in Maryland, Michigan and Missouri, most for allegedly conspiring to illegally possess and use Social Security numbers assigned to others, according to the release.

From the 156-page Criminal Complaint filed today in the US District Court of Northern District of Illinois (emphasis added):

Further investigation of the social security account cards utilized by this criminal enterprise has revealed that a large portion of the cards were originally obtained, through legal means by Chinese nationals temporarily working in Saipan. Upon the return of these temporary workers to the PRC or while still in Saipan, their issued social security account cards were collected and transported in bulk to the U.S. for eventual use by this criminal enterprise.

From the Atlanta Examiner:

The identity kits included a counterfeit or genuine but altered Chinese passport, prosecutors said. The passports were matched to legitimate Social Security numbers, many acquired by Chinese nationals working on the Pacific island of Saipan.

A photo of the buyer was inserted in the passport along with one of the legitimate Social Security numbers and bogus proof of residency such as a utility bill, prosecutors said. They were then taken to driver's license facilities.

A throng of those arrested crowded into the courtroom of U.S. Magistrate Judge Michael T. Mason for initial appearances on Wednesday afternoon and officials said translators had to be brought in from other cities to help defense lawyers communicate with their clients.

Here is the Department of Justice press release.

_____________________

Chinese Arrested with Fake ROC Documents

Earlier this month three Chinese women were arrested with fake ROC documents trying to enter the United States as The China Post reported:

After a preliminary investigation, airport police discovered that the three flew to Taiwan from Hong Kong Saturday with travel documents indicating they were transiting to Palau on holiday.

The police found that the three canceled their airplane tickets for Palau immediately upon landing in Taiwan, and were given the fake passports and travel documents for flights destined for the United States by intermediaries.

Believing that the Chinese women were supported by a “snake head” human trafficking ring, NIA officials have referred them to the Taoyuan District Prosecutors Office for further investigation.

______________________

Saipan: A Backdoor to Chinese Illegals
A 2007 article in Asia Times outlines the typical ways Chinese enter the U.S. illegally.  They pay as much as $40,000 for one-way passage to the United States.  The article also claims that the CNMI is a "backdoor" to the U.S. from China (emphasis added):

It is also possible to sneak into the US through the backdoors of its outlying territories. One particularly popular destination is the Commonwealth of the Northern Mariana Islands, which is a US territory but with its own visa waiver program which includes Chinese citizens. That's because many Chinese migrants work on the main island of Saipan, or come as tourists to visit the casino on the nearby island of Tinian, which is rumored by local residents to be owned by interests close to the China's People's Liberation Army and frequently visited by would-be illegal migrants.

A visit pass for the Northern Mariana Islands, however, does not entitle the holder to travel on to any other US territories - but Guam, an "unincorporated US territory", is only a couple of hours away by boat. Guam is inside the US customs and immigration area, and an application for asylum there is usually transferred to the US mainland. Thus, the chance of being sent back to China is minimal.

The illegal migrants are also instructed on what to say when applying for asylum in the Western countries of their choice, which has made it much more difficult to determine who is a genuine refugee and who is taking advantage of the 1951 Refugee Convention.

Saipan blog, Saipan, Rota, Tinian, Saipan crime, Northern Mariana Islands, CNMI

CNMI Immigration News

February 26, 2009

USCIS Saipan Application Support Center to Open

An Application Support Center is scheduled to open in March 10, 2009 on Saipan.  Honolulu-based U.S. Citizenship and Immigration Services (USCIS) Director David Gulick said that CNMI residents will be able to have their fingerprints completed without having to travel to Guam.

Appointments must be made before visiting the office. From the Saipan Tribune:

In addition to the traditional function of fingerprinting services, people will be able to make appointments through www.uscis.gov to see an Information Officer at the ASC for general immigration questions. The customer service line (800) 375- 5283 is also now accessible toll-free from the Commonwealth. And, the most current information about federal immigration in relation to the CNMI can be accessed via the USCIS Press Room at www.uscis.gov.

USCIS is the agency within the Department of Homeland Security responsible for delivering immigration benefits. Proposed regulations concerning CNMI are currently in the clearance process.

PL 110-229, the Consolidated Natural Resources Act of 2008 is scheduled to apply U.S. Immigration law to the CNMI on June 1, 2009.

Immediate relatives of U.S. citizens can get information on how to apply for a Green Card here.

More Comments on Visa Waivers 

From the regulations.gov Web site:

Last time I posted on comments being submitted on regulations, they were generally predictable and reflected the idea that visa waivers were needed to ensure Chinese and Russian visitors continued to flow into the CNMI.  No longer. An interesting group of people have weighed in.  Here are some highlights from their comments:

From Anonymous:

our immigration policy should in no way be set by big bucks influence to build soemthing to make people travel. the fact is that our immigration policy is alrady overwhelming the ability of the us taxpayers to support all of these people who want to come to america. it is time to call a halt. all legal immigration should be shut down. we need to concentrate on aemrica. all illegal immigrants should be promptly deported, beign charged $50,000 for the costs of their deportation, since they came here criminally and illegally. it is time to stop making us taxpayers suckers.

From the comment of Guam Senator Judith Guiterrez:

The Republic of the Philippines (ROP) should definitely be included on the list of countries included in the Guam and Commonwealth of the Northern Mariana Islands (CNMI) Visa Waiver Program. This would be of significant economic benefit to our people. More importantly, we need the Visa Waiver Program for the ROP because of the close family and cultural ties between us. The Visit Families and Friends numbers would be the most important reason for including the ROP in the visa waiver program for Guam.

...About thirty percent of our population identify themselves as Filipino. Many marriages are Chamorro and Filipino. Our local families therefore have many relatives residing in the Philippines and they visit the ROP frequently to visit them. However, it is a one way system because the relatives in the ROP cannot get visas to visit their relatives here in our islands without lengthy and difficult application process for a regular visa. For example, I have heard of many families here on Guam who have sons and daughters graduating from our University of Guam who want to have relatives come from the ROP to attend the graduation, but cannot because of the difficulty in obtaining visas. Filipino business leaders desire to visit Guam on short notice to conduct business, but cannot do so because of the visa difficulties. In today's global economy, we need to provide short-notice travel capabilities between our islands and the ROP.

Greg Cruz submitted two comments:

My name is Gregorio Cruz Jr. President of the Indigenous Group TAOTAO TANO CNMI Association Inc. We believe that the the interest of National Security and Border control is of Top Priority for the Northern Mariana Islands, a U.S. Territory in Political Union with the United States. As such that the War on Terrorism is our number one priority in our Nation Borders we must protect and secure our borders at any cause. The Nuclear threats of both North Korea and Iran is a threat to all humanity, therefore we must prioritize Homeland National Security measures, especially with 8,000 or more Marines being relocated out of OKINAWA to GUAM.

Second Greg Cruz comment:

Gentlemen and Gentlewomen I write to all of you with such dismal and grave
concerns that members of our government and our community are requesting further delay on such an important task of implementing a Federal Immigration system in our homeland. We are opposed to such request to further delay the
implementation simply for the fact that ONE: National Security and Border Control priorities. TWO: Failures of our past and present Veteran elected leaders of our homeland to secure a high standard of living for all U.S. Local indigenous Citizens and residents of the Commonwealth of the Northern Mariana Islands, a U.S. Territory. Well over two decades our local people had failed victims of self-interest and political fiasco's prioritizing foreign guest workers in terms of employment and benifits leaving our people unemployed and to live off Public Assistance for many years to present. It is with such embarrassment that our leaders are now requesting further delay in the implimentation of federal immigration prioritizing Tourism and economy as an excuse. 25 years and no elected official to include Saipan Chamber of Commerce and the Hotel Association had lifted a finger to correct a corrupt and Politicized Immigration and Labor system in our homeland, instead continued dependancy of foreign cheap labor to appease the Garment industry was prioritized which led to the influx of foreign nationals in our homeland minoritizing our own Indigenous local U.S. Citizens of our homeland. Over two decades WARNINGS of federal immigration control had been given to our leaders of our homeland but no one had taken the warning seriously instead further increase in importation of foreign guest workers and the hiring of a corrupt lobbyist was achieved. We ask all of this important and serious question, can any of you work $3.05 hr. as a Manager to include the requirement before hire that you must posses a 4 year College Degree? Two decades our local people had been victims of such disrespect and insults as United States Citizens on U.S. Soil. Still no one had lifted a finger to correct such injustices, but today they are ruqesting further delay. National Security of our Nations borders if of TOP PRIORITY to all us. While our Children are fighting the WAR on TERROR in Iraq and Afghanistan members of our homeland are requesting further delays. While North Korea and Iran posses National Threats of Nuclear Weaponry, members of our homeland are asking further delay. It is our hope that the Secretary of State and Secretary of Homeland Security is reading this comment and do not allow such FURTHER DELAYS in a FEDERAL CONTROL of our Immigration and Labor system for we had been victims of a corrupt self-system for two decades. FINAL NOTE: Are we the people of the Commonwealth presently enjoying the fruits and benefits of a Self-Governing rule? NO we are suffering from failures of our past and present mismangemens of our homeland by SELF-INTEREST RULE! IT'S TIME FOR CHANGE and IT'S TIME TO CLEAN HOUSE...

Representative Ralph DLG. Torres echoed most of the commenters' sentiment in requesting a 180 day delay:

There is a mandatory need to exercise the180 days delay implementation provided under § 702(b) of the CNRA which would allow some time to implement systematic and added security measure to allow China and Russia to participate in the CNMI Visa Waiver Program. It would further provide additional time to conduct proper research and gather data which could properly guide for a better implementation of rules.

China and Russia Could Still Be Included in the CNMI Visa Waiver Program While Ensuring Effective Border Control and National and Homeland Security.

The CNMI has a unique historical relationship of tourism with China and Russia. A different criteria in determining level of security should be applied with the CNMI rather than treating it equally to that of the U.S. mainland and Guam. Indeed, while Guam and CNMI are close geographically, the current military station on Guam requires significant security unlike the CNMI where no military base is stationed. Moreover, Department of Homeland Security (DHS) could implement added security measures needed when the U.S. has a substantial military investment here that would warrant such blanket approach. In conclusion, we strongly recommend the delay of the start of the transition period until the required additional security measures of Section III (A) (2) are in place and the DHS has determined that visitors from China and Russia can participate in the Visa Waiver Program.

I disagree that there is "a mandatory need to exercise the 180 days delay." A delay is not mandatory.  I do not believe there will be a delay if DHS has everything in place for the June 1, 2009 start date.   I agree that a delay may be necessary if DHS requires more time to write and post the regulations, more time to hire and train needed personnel, and more time to set up offices and systems.  THE DHS has until MAy 2, 2009 to announce if there will be a delay.

This comment appears to have been made by a resident of Guam, Alfredo DeTorres:

There have been several suggestion made to include the Philippines into the Guam-CNMI VWP. I believe a move such as this would be counter productive and irresponsible. I don’t wish to case disparaging remarks upon the Filipinos; however, for the most part their population and economy are in dire straights. The Philippines exports are large percentage of their citizenry, to work in foreign countries for a few dollars per hour. Opening the door to Philippine Nationals Visa-Free would shortly flood our small island of 160,000 residents with cheap labor, further displacing the local population.

Comments have been made that Filipinos would travel to Guam and the CNMI as tourist!? As a Filipino who has worked, live and resided in both the US and the Philippines and who still has relatives there, knows that this is to a large degree, simply NOT true. Most Filipinos who wish to go abroad are seeking a better life, earning even a few dollars per day is considered an improvement over the exciting environment in the Philippines. Consider this; most Filipinos earn approximately 250-300 pesos per day, that's approximately $5 to $6 dollars per day.

A comment by Bruce Bateman:

I write to ask you to delay implementation of the Guam/CNMI Visa Waiver program for the maximum 180 days allowed by law.

Earlier implementation will have disastrous effects on the small and struggling economy of our Commonwealth. As you have currently structured the regulations you have left two extremely important groups out of your list of countries to be
allowed entry via the aforementioned program. Both Russian and Chinese tourists are vital to our economy's well being. Both markets have been developed over several years of investment of both public and private funds amounting to many tens of millions of dollars. Further, the loss of these two markets will cause estimated losses of nearly $200 Million in just the next year and will cause serious disruption to many businesses and the subsequent loss of hundreds of
jobs on our small Islands.

Please consider delaying implementation of the Guam Visa waiver program until you can develop plans for allowing these two vital groups to participate or lacking that, at least please delay for an additional 180 days from June 1, 2009.

A $200 million loss in just the next year? What is the source of such an estimate?

Finally, here is the one sentence comment by Jose Pangelinan Kiyoshi:

I am against this the law and regulation.

Saipan blog, Saipan, Rota, Tinian, DHS CNMI,PL 110-229, Northern Mariana Islands, CNMI

Status of CNMI AG and Legality of Federal Lawsuit Questioned

February 26, 2009

Acting Attorney General Greg Baka's supplemental statement filed February 17 to support the Fitial Federalization lawsuit is being questioned by some CNMI legislators. In the statement Baka claimed that the law firm of Jenner and Block are authorized to represent the CNMI in the lawsuit. But now CNMI legislators are questioning whether Baka is legally the Acting Attorney General. If he isn't, is the federal lawsuit legal?

saipan blog, guam blog, CNMI, Northern Marianas,human rights northern marianas

From the Saipan Tribune:

Questions about Baka's standing bring more issues to light about the lawsuit, Rep. Rosemond Santos said during a House session yesterday. Saipan blog, guamblog

“Supposedly, Mr. Baka authorized them to represent the CNMI, and that in and of itself may be questionable because his position may now be questionable. So there are those issues now as well,” she said.

Rep. Tina Sablan said when she spoke with Baka over the phone recently he said the authorization was implicit. Baka said he did not issue the initial authorization, the representative said. Although, he admitted to her, his unwillingness to “unauthorize” the lawsuit amounts to an implicit authorization on his part. The lawsuit was filed Sept. 12, before Baka succeeded Gregory.

Speaker Arnold I. Palacios is seeing a legal opinion regarding Baka’s status. Previously Senate President Pete Reyes said he will "ask his colleagues not to confirm Gregory Baka’s nomination as attorney general." To date, Baka has not been nominated by the governor.

The Saipan Tribune reported:

The House of Representatives has said Baka is violating the law by holding the position, and the Legislature continues to look into the legality of Baka's position. Baka, who was promoted to deputy attorney general in July 2006, succeeded to the role of acting AG after Matthew T. Gregory resigned in September. By law, the governor must appoint a nominee within 30 days of a vacancy and the Senate must then confirm the nomination. But Baka said he was not nominated, instead he succeeded Gregory, although he has earlier been quoted as saying he will do what the Senate wants.

Class Action Suit Against DOL

February 25, 2009

Attorney Robert Meyers who is representing 127 guest workers who were cheated by their employers and bonding companies reported that some of his clients were on DOL's "Overstayers List." (see this post.)

The Marianas Variety reports today that Attorney Meyers said DOL refuses to cooperate with his request to take his clients off of the "Overstayers List":

Myers said he also informed Labor about the law that entitles nonresident workers who have labor cases or court cases to be given a stay of deportation.

“If the case is with the court, they are also entitled to an order from the court directing the director of labor to issue a temporary work authorization pending resolution of their case,” he added.

Myers said he was told by Deputy Labor Secretary Cinta Kaipat that the department would not cooperate with him unless the court orders them to do so.

The 6th Interim Labor report issued in December 2008 states:

When workers file cases in federal or Commonwealth courts, the Labor Department asks for a court order if the worker is to be permitted to remain in the Commonwealth while out of status. We allow workers who have filed cases with the EEOC, NLRB, and U.S. Labor to obtain TWAs without any affirmative action from the adjudicating agency, but we are considering changing that policy. The EEOC alone has more than 100 pending cases from the CNMI that were filed in 2006 and prior years and they have no estimate when they might reach these cases.

It's clear that DOL wants to get rid of the guest workers who had the courage to sue them.  This doesn't sound like the Department of Labor that the Fitial Federalization Fighters portrayed in the briefs and documents they presented in the US District Court of of District of Columbia. In those documents the DOL was painted as a caring, just and functional department.  Here are a few lines from the Statement of Cinta Kaipat that was filed with the court:

A basically free adjudication system was set up in order to hear worker complaints about alleged employer misconduct. Employees who succeeded in their wage claims were awarded a doubling o f their actual damages to deter employer bad conduct. In addition, employers could be (and were) fined and barred from further employment of guest workers.

The "basically free system to adjudicate labor disputes" is a joke. Cases are heard, an order is issued, and then there is no enforcement of the order.  This system is an exercise of futility and a mockery of justice.  This is one reason there is such a class action lawsuit.

Employers were required to post a bond to secure the obligation to pay wages and to meet medical expenses. I f employers failed to pay, the bonding company was
obligated to pay the foreign worker up to three months' wages and to pay the provider up to $5,000 for medical expenses.

The employers may be required to post a bond, but there is no enforcement of the bond if an employer fails to pay the wages or the medical bills.  So who does this rule benefit?  This is another reason for the class action lawsuit.

Kaipat had the audacity to say, " The new Commonwealth labor law is superior to guest worker laws in the United States." The statement is followed by a chart that is a joke. On paper the CNMI may have what looks like a good system, but in reality it is dysfunctional and perpetuates abuse.

Attorney Meyers asked that the guest workers who are part of the lawsuit contact him at: 

234-3184 ext. 104 or at this office at Summer Holiday Hotel Room #104 in Garapan, Saipan.

Guest Workers Being Forced to Sign a Petition?

February 25, 2009

I have received word from guest workers that hotel workers were told that they must sign petitions asking for a 180 day delay in the implementation of PL 110-229 before receiving their paychecks last Friday. Additionally, there is a report that one employee of the Tinian Dynasty Hotel and Casino was "forced to sign."

If a guest worker wants to sign a petition calling for a delay that is his or her choice, but no one should be told that they must sign, be coerced into signing, or be told that they can get their paycheck after they sign the petition.

Guests workers who have been told that they must sign petitions or they will not receive their paycheck should immediately report this to the Federal Labor Ombudsman Office. The phone number is: 322-8030. I would also like to hear from any guest worker who has been told that he or she must sign a petition: doromal@earthlink.net

UPDATE:

To email the Ombudsman's Office
Cris Hilario, Jr.'s e-mail:

crish@federalombudsman.com

Glen Bultjens' e-mail:
glen@federalombudsman.com

Ripon Ahmed's e-mail:
ripon@federalombudsman.com

Notes on President Obama's Address to Congress

February 24, 2009

President Obama was welcomed to his first address before a joint session of Congress with a standing ovation and minutes of cheers and applause.  The First Lady, Michelle Obama, also received cheers and applause when introduced.

President Obama acknowledged that everyone knows that the economy is crisis "because you live it every day...the impact of this recession is real and the impact is everywhere.  We will rebuild, we will recover, and the United States of America will emerge stronger than before."

He said, "The flow of credit is the life blood of our economy." The president explained the plan to get credit flowing again.  "It's not about helping banks, it's about helping people."

President Obama said his budget will focus on energy, health care, and education.  On energy he spoke of wind power, solar power, more efficient fuels. He said he believes that the nation who invented the automobile cannot walk away from it.  

On health care, he said that the cost of health care causes a bankruptcy every 30 seconds and the cost is growing four times faster than income.  He said, "We cannot afford to put health care reform on hold."  He spoke of seeking a cure for cancer in our time, and in investing in preventive care. "We must have quality, affordable  health care for every American...Let there be no doubt, health care reform cannot wait, will not wait."

President Obama spoke of education reform. He spoke of expanding early childhood education and making college affordable. He asked every citizen to commit to at least one year of higher education. He called dropping out of high school "not just quitting on yourself, but quitting on your country." (HUGE APPLAUSE) He said that we need the talents of every American.  "By 2020 American will once again have the highest proportions of college graduates in the world." 

He spoke of the National Service Act introduced by Senators Orin Hatch and Edward Kennedy. (YES!) He said responsibility for our children's education must begin at home.  

"We have the responsibility to our children not to pass on a debt that they cannot pay." He said his administration is going through the budget line by line to eliminate waste. He is ending tax breaks for corporations that shift our jobs overseas.  He will end the tax breaks for the wealthiest 2 percent of Americans. "If your family earns less than $250,000 a year you will not see your taxes increase one single dime."  

A huge applause and standing ovation when the president spoke of those serving our country. He said he will close the detention center at Guantanamo Bay.  "Living our values does not make us weaker, it makes us stronger and better. The United States of America does not torture." 

"Hope is found in unlikely places."  He spoke about special Americans who were invited to attend the address, telling some of their stories.

The president addressed the members of Congress, not the American people. "If we come together and lift this nation from the depths of crisis...then someday years from now our children can tell their children that this is the time that we performed."

Wow. What a brilliant speech.

(These are just notes as I listened -maybe not exact quotes.)

UPDATE - Here is the text of President Obama's Address

Labor Secretary Hilda Solis

Rep. Hilda Solis (D-CA) with Congressman George Miller (D-CA) and Rep. John Spratt (D-SC) at the Introduction of the Human Dignity Act, July 2006. Photo by W. L. Doromal ©2006

February 24, 2009

Hilda Solis was confirmed today as Secretary of the Department of Labor in a vote of 80 to 17.

This is a true victory for every person working on U.S. soil. Si se puede!

SEIU President Andy Stern said this about Secretary Solis:

"As the daughter of two immigrant workers and union members who met in a citizenship class, today's vote to confirm Hilda Solis as Secretary of Labor proves the American Dream is still alive. Working men and women now have a Department of Labor they can count on to stand up and fight for them because Secretary Solis personally understands the challenges workers face in a global economy. For Secretary Solis this is not just another job, but the culmination of a lifetime of action serving as a voice for people who work."

My union president, John Sweeney of the AFL-CIO had this to say:

The confirmation of Rep. Hilda Solis is a huge victory: Finally, Americans will have a secretary of labor who represents working people, not wealthy CEO’s. It is also a historic moment as Rep. Solis becomes the first Hispanic secretary of labor.

From MS. Magazine

Solis is a tireless fighter for women's rights, minority rights, and worker's rights.
In the House, Solis is a member of the Energy and Commerce Committee, the Natural Resources Committees, and the House Select Committee of Independence and Global Warming. She is also a former chair of the Congressional Caucus for Women's Issues.

In her eight years in the California state legislature, Solis authored a record 17 anti-domestic violence laws. She also led the battle to increase the state's minimum wage and has been vital in the struggle to close the wage gap for women.

See this post for more on Hilda Solis. 

Commerce Secretary Nominee

Former Washington state governor, Gary Locke has been selected to fill the post of commerce secretary. From Reuters:

"President Obama is expected to announce former Governor Gary Locke as his nominee for commerce secretary tomorrow," an administration official said.

Locke, a Democrat, would be Obama's third choice for the post after his first two nominees, New Mexico Governor Bill Richardson and Republican Senator Judd Gregg, withdrew their names from contention.

Locke, 59, was the first Chinese-American governor in the United States. He served two terms as governor of Washington from 1997 to 2005, overseeing a state with a diverse economy that includes corporate giants like Boeing and Microsoft, wheat and apple farmers and major seafood companies.

Letter Writing Campaign

February 24, 2009

We are launching a campaign to solicit letters from all categories of people who will be affected by the implementation of PL 110-229, the Consolidated Natural Resources Act (CNRA). These include guest workers, U.S. citizen children of foreign contract workers, spouses and children of citizens from the Freely Associated States, alien spouses and children of U.S. citizens, CNMI permanent residents, widow and widowers of U.S. citizen spouses, and alien spouses divorced from their U.S. citizen spouses. 

Letters from supportive resident relatives, friends, and employers of foreign contract workers and others among the various non-resident categories are also encouraged and welcomed.

The goal of the letter writing campaign is to put a face on the foreign contract workers and other non-residents who call the CNMI their home. The officials drafting regulations are thousands of miles from the CNMI and have not met directly with these people. The letters will give them a chance to get a clearer picture of who these people affected by the PL 110-229 are, the contributions that they make to the community, and why they call the Commonwealth home.

The letters will give a voice to the huge population of CNMI non-residents who are not represented, and have no vote in matters that impact their lives and the lives of their children and families. U.S. citizen children and alien children of foreign contract workers and others are encouraged to submit hand-written letters. The letter writers will have an opportunity to express concerns and to ask the federal officials to consider permanent status, including green card status and a pathway to U.S. citizenship for the above mentioned categories of people.

The letters will be hand-delivered to various U.S. Departments and Congressional Committees that are directly involved in drafting policy and regulation for the CNRA. These include the Secretaries and key officials of the Departments of Homeland Security, State, Labor, Justice and Interior, and the House and Senate Resources Committees.

Guest worker leaders on Saipan, Rota, and Tinian will be organizing and distributing information on the letter writing campaign to non-residents on those islands. All groups that represent foreign contract workers or non-residents are invited to help organize the letter-writing campaigns with their members. The letters will be collected and scanned and sent electronically to Wendy Doromal who will copy and distribute them. Originals will be collected and mailed.

Some suggestions on what you could include in your letters are here.

For more information please contact Wendy Doromal at doromal@earthlink.net. 

Sunrise Meetings - A message From Rep. Tina Sablan

Photo W.L. Doromal ©2007 Sunrise in Tanapag

February 23, 2009

Representative Tina Sablan has sent a message to the people of the Commonwealth that deserves to be printed in full:

"We must believe that it is the darkest before the dawn of a beautiful new world.

We will see it when we believe it."

-- Saul Alinsky

Dear people of the Commonwealth,

A great yearning has begun to take root in our community.

More than just a dark frustration with tired old-school politics and bad governance, it is a deepening and positive desire for open, responsive, and accountable government. More than just a cynical determination to vote out leaders who represent little more than the status quo, it is a hopeful searching for fresh and honest candidates who are worth voting for, who would represent the best interests and aspirations of all the people of the Commonwealth, and who would place the public good over personal interests. More than just a weary recognition of the insanity of doing the same thing over and over again and expecting a different result, it is an unflinching faith in the tremendous potential of our islands and our people, and a belief that we can learn from our mistakes and change our course for the better.

This great yearning is the energy behind a brave and expanding vision for change that is shared by many in the Commonwealth, but not yet fully articulated and not yet accompanied by a plan of action.

Most of us know the challenges and the opportunities facing the Commonwealth. We live them every day. And in the last few years, in letters to the editor, public forums, blogs, workplaces, coffee shops, homes, classrooms, and social gatherings, we have collectively done an excellent job of diagnosing the ills of our community, celebrating the wonderful qualities that still exist, and imagining how life could be better here.

Our task now is to get organized, and to articulate, out of the conversations already taking place throughout our community, a cohesive vision of what we want the Commonwealth to be, to define our roles and strategies in bringing that vision to life, and to act according to that plan.

This letter is an open call for all concerned citizens of the Commonwealth to come together in sunrise meetings between February 25 and March 25, 2009. Sunrise meetings are simply gatherings of people who believe that life in the Commonwealth can and should be better than what it is, and who are committed to making it so. Anyone can host a sunrise meeting, and may invite anyone to participate. Sunrise meetings can be held at any time and place of the group's choosing. The groups can be as large or as small as people want them to be, and they can focus on one issue or many.

Here are some suggested questions to guide our sunrise meetings:

• What should the role of government be in the Commonwealth?

• What are the most important opportunities facing the Commonwealth, and what should be done to maximize them? What are the most important challenges facing the Commonwealth, and what should be done to resolve them?

• What specific government reforms should be prioritized for enactment?

• To most effectively bring about needed changes in government, should concerned citizens of the Commonwealth focus on: a) organizing a coalition of candidates and supporters behind a common platform; b) organizing a new political party; c) joining and/or reorganizing an existing political party; or d) taking up another course of action? Please explain.

• What core principles and values should guide the government of the Commonwealth?

• What should life in the Commonwealth be like five years from today? Ten years from today?

• What are the names of individuals we would like to see in public office? Please specify the public office, and describe the strengths and potential weaknesses of these individuals.

• Sunrise groups are invited to answer as many questions as they would like, and to add questions of their own for discussion.

Between February 25 and March 25, I will be hosting sunrise meetings on Monday, Wednesday, and Friday mornings. Individuals who would like to sign up for one of these sunrise meetings can reach me by phone at 285-3935, or by email at tinasablan@gmail.com . Individuals who would like to host sunrise meetings of their own may do so, of course, at any time, and are asked to submit the notes from their meetings no later than March 31, 2009.

Notes from sunrise meetings should include the names and contact information for all participants; the question(s) discussed; the answers the group arrived at; and any other issues, ideas, or comments. Notes may be submitted to me by:

Email: tinasablan@gmail.com ; or
Mail: PO Box 500994 · Saipan, MP 96950.

These notes will be compiled to develop a long-term vision for our community, to identify promising and viable candidates for public office who share that vision, and to begin mobilizing the resources and support that will be necessary to advance a new movement for good governance in the Commonwealth. The vision and plan of action that emerge from our sunrise meetings will be presented at a public forum in April.

These are, to be sure, trying times for us all. But they are not impossible. The challenges we face in the Commonwealth are serious and real, but they are not insurmountable. Our hardships are many, but they teach us much about who we are, and how we need to change.

And change indeed has already begun. At long last we are coming to realize our power as citizens to take back our government, to replace elected leaders who do not represent our best interests or our values, and to determine the direction of our own development as a community. The old political parties and powerful family dynasties that once maintained a stranglehold on local politics are now giving way under the scrutiny and discontent of an increasingly free-thinking and free-speaking electorate. Public discourse has never been more vigorous. Many of us are ready now to be part of a movement for change in the Commonwealth, and ready to organize our power and resources more effectively.

The sunrise meetings over the course of the next few weeks represent only the beginning of a movement for change. The direction and sustainability of that movement depend on us. What is our vision for the Commonwealth? How can each of us be the change we wish to see in our community? And how committed are we to fighting the good fight, now and in the years to come? The answers lie with us. Change begins with us.

To sign up for a sunrise meeting, or to find out more about how to host one of your own, please contact me at 285-3935, or by email at tinasablan@gmail.com .

Sincerely,

Tina Sablan

___________________________

What is so great about this Representative? She has vision, principles, and passion. She has an open mind. She embraces and includes the community in the decision-making process.

Fitial in Washington

February 23, 2009

Photo from NGA - Delaware Governor Jack Markell and Governor Fitial at the Natural Resources Committee Session, National Governors Association. 

Someone remarked to me that Governor Fitial was not able to meet with Department of Homeland Security Secretary Janet Napolitano.  (I am not sure that is true or if his appointment is later this week.) Another person suggested that he was a no show at the inauguration in January. 

For sure, the CNMI Governor is in Washington at the National Governor's Association meeting as these photos show.  Last evening the governors were treated to a dinner at the White House with President Obama.  

There's no news if Fitial went to the White House dinner, but it seems that he likes his photo taken with presidents so he was probably there.  Here's a photo of Fitial with President Bush at an Abramoff-arranged meeting.  Smiling, dignified.

Here's a more recent photo that shows ___________.  Tell you what, you end the caption. I can't quite figure out what the governor is doing here. Trying to dance? Hugging?

Today, the final day of the three-day session, President Obama spoke to the governors about the stimulus plan. 

Some no shows at the Governors Conference were Alaska's Governor Sarah Palin, and New Mexico's, Governor, Bill Richardson. Fitial may have missed Governor Palin. In this photo from the 2008 Governor's meeting they seem to be pals.

And the Oscar goes to...

February 22, 2009

The Academy Awards are tonight!  

My choices -

Best Picture: Slumdog Millionaire

Music (Score): Slumdog Millionaire

Music (Best Song): O Saya or Jai Ho Slumdog Millionaire

Animated Feature Film: Wall-E 

"It is destiny."

CNMI Labor News

Collecting  unpaid judgments at Kilili Beach, Saipan, December 2007

February 22, 2009

Class Action Suit Against CNMI DOL

The class action suit filed by 127 cheated foreign workers is to move forward according to Superior Court Associate Judge David Wiseman.  The Saipan Tribune reports:

In an order, Wiseman said that Labor's concern that the complaint is not proper is not before his court.

The judge ordered that the case move forward on the plaintiffs' petition for judicial review.

Wiseman set procedural guidelines for the parties to follow. The judge ordered the plaintiffs to secure, among other things, a transcript if they deem one necessary. He directed Labor, through its attorney, to cooperate with plaintiffs in securing the tapes for producing the transcript.

Wiseman gave Labor 15 days to certify the record and serve it on plaintiffs' counsel, Robert Myers.

Wiseman also ordered plaintiffs to file a statement of disputed and undisputed facts within 15 days.

He directed Labor to file any opposition to any disputed or undisputed facts within 10 days after the plaintiffs file the statements.

Hundreds, if not thousands, of foreign workers have been systematically cheated by their employers in the CNMI over the years.  In fact, unpaid judgments collected by worker advocates and the Federal Ombudsman's Office in 2007 and 2008 totaled $6.1 million.  Some companies owed workers tens of thousands of dollars, some were for several hundred dollars. One Bangladeshi worker handed me a copy of an unpaid judgment that was over $26,000. Imagine being owed $26,000 and knowing you are not likely to retrieve that money. 

From the Saipan Tribune:

There are 64 unpaid awards over $20,000; 222 unpaid awards of $10,000 or more; and 462 over $500. The oldest unpaid award dates from February of 1994, according to the federal official.

Here is a photo of just one stack of unpaid judgments owed to cheated foreign contract workers that we collected in December 2007. Photo W.L. Doromal ©2007

The cheated workers, most of whom were owed back wages by employers, earnestly filed labor cases.  After the labor hearings, the DOL issued administrative orders with monetary judgments, and then DOL declared the cases closed.  I have stated for 20 years that a labor case should be considered closed only after the victim receives the money awarded to him or her. 

Any law that is not enforced is useless, just like any judgement that is not enforced is meaningless. The CNMI DOL has claimed that they are not responsible for enforcing the judgments and no other CNMI agency will step up.   Instead they devised a pathetic plan for the victims to collect their own judgments through small claims court.  The plan actually calls for the victims to serve the very employers who cheated them!  This is a plan that had been criticized by advocates, legislators, attorneys and others, yet they stand firm and support their plan just as they support the entire broken system.

Likewise, the DOL has done nothing to hold the bonding companies responsible for paying the cheated employees when the employers failed to pay them. The CNMI system of labor is a broken and dysfunctional one that favors employers and attempts to minimize the injustice inflicted upon the foreign employees waiting for justice.  The system was created to support cheap labor and to fill the pockets of the wealthy business owners at the expense of the disenfranchised foreign workers. It's a system built on quicksand.

It is doubtful that the DOL even keep records of which employers actually paid the judgments or not. DOL Deputy Secretary Jacinta Kaiat made a big deal about getting copies of the unpaid judgments.   Why didn't DOL have a system to track their own paperwork? Any employer who did not folllow the administrative order and pay their employee should not be allowed to hire foreign contract workers until every debt is cleared. Egregious offenders should be barred from ever hiring another foreign contract worker. 

It is hard to measure the amount of suffering and harm that has been caused by the DOL's refusal to enforce the monetary judgments. We saw the tragic consequence of what can happen when a guest worker learns that there will be no back wages paid and deportation has been ordered. In April 2007, Buddhi Lal Dhimal was told he must leave the CNMI even though he was owed thousands of dollars from his former employer and an illegal recruiter. An Administrative Order issued by the CNMI Department of Labor ordered Asia Pacific Recruiting Company, J’s Ent. Inc., and John C. DL Guerrero dba J’s Construction Ent. to pay Buddhi L. Dhimal $1,988.00 for work not provided including liquidated damages, and $5,172.00 for fees improperly paid or deducted in the Commonwealth. Like too many of the Administrative Orders, it was a judgment that was merely a paper judgment and would not be enforced.

When Mr. Dhimal was told that he could not remain in the CNMI to continue to try to collect the unpaid award, the desperate Nepalese poured gasoline upon himself and set himself on fire outside the CNMI Department of Labor Office.

How many thousands of foreign contract worked returned to their shores with empty pockets?The DOL and CNMI government have kicked dirt in the face of justice for decades. I hope Attorney Meyers and the guest workers in the class action win their suit.

DOL Ex-Executive banned from hiring foreign contract workers

The Saipan Tribune has reported that an ex-DOL executive and former CNMI Congressman, Andrew Salas, was banned from hiring foreign contract workers for three years. This is not a shock to me.  When I lived in Rota and later in Saipan, the number of DOLI employees who were labor violators was staggering.  In 1993, the Rota Chief of Labor was a labor violator. His cheated employee had to travel to Saipan to file a labor case.  Other high-ranking CNMI officials have also violated CNMI labor law.  A look at the stacks of unpaid judgments reveals that some former CNMI officials are among those who have cheated workers and have not reimbursed them for monetary damages awarded

Andrew Salas served as the Deputy Secretary of Labor in the Babauta Administration.  He should be well aware of the labor laws.

The Saipan Tribune reports:

The Department of Labor has barred a company and its officers, including former congressman and Labor deputy secretary Andrew S. Salas, from hiring alien workers after they failed to pay the wages of former employees.

Under a settlement agreement, Labor Administrative Hearing Officer Jerry Cody said that Da Kine Inc. and its president, Andrew Salas, and corporate officer William Mott are both disqualified from employing alien workers for three years.

Cody's order, issued last week, said that Salas and Mott may petition to lift this bar once the settlement amounts, including liquidated damages, are fully paid to complainants Sammy R. Fabito and Alfredo M. Lumabi.

Andrew Salas was also a Commerce secretary during the Babauta administration.

Cody said that Andrew Salas' brother, Tom Salas, also provided false and misleading information to Labor Director Barry Hirshbein and to the hearing officer during the course of the Labor's order to show cause hearing,

Cody said that if Ka Dine Inc. repays the remaining amounts owed under the settlement ($1,633.56 to Lumabi and $3,309.60 to Fabito) in full on or before March 15, 2009, the cases shall be closed with no liquidated damages award and no sanctions against any corporate officers.

Alternatively, the hearing officer said, if Ka Dine Inc. chooses to return to the installment schedule of payments, the company's monthly settlement payments to Lumabi and Fabito shall be reduced from $250 to $125 per month, beginning March 15, 2009.

If Ka Dine chooses to return to the installment schedule, Cody said, the company is ordered to pay liquidated damages in the amount of $1,000 each to Lumabi and Fabito.

With respect to the delinquent payments, Andrew Salas admitted that he had known Da Kine was obligated to make monthly settlement payments in 2008. He claimed that he needed all available funds to keep Hawaii Bar & Grill in operation. Thus, Ka Dine did not pay the amounts and, instead, sought to modify the settlement agreement.

At the Jan. 26 hearing, Andrew Salas announced that Da Kine's management had decided to permanently close the Hawaii Bar & Grill and that the business had, in fact, closed two days earlier-on Jan. 24.

Labor Director Hirshbein indicated that he had no specific objections to the proposal, but that he believes that Ka Dine and its officers should be barred from employing alien workers in the future.

The article states that alien workers were hired even after the owners of Hawaii Bar and Grill knew they had financial problems.   In this case it appears that DOL actually is holding the violators responsible and the cheated workers may actually receive what is owed to them. Why can't DOL do that in every case? 

DOL routinely publishes lists of "overstayers." Let's see a published list of banned employers and employers who have not paid the judgments.  Saipan blog, CNMI blog, GUAM BLOG, human rights blog, human rights abuses marianas, Saipan, Guam, Rota, Tinian