Governor's Masseuse Signs Plea Agreement

March 24, 2010

Yesterday Qingmei Cheng, the governor's masseuse who was arrested for attempting to smuggle aliens to Guam, changed her plea to guilty and signed a plea agreement with the USDOJ.

The document states that Cheng was charged with violating 8 U.S.c. § 1325 (a)(l ) and 18 U.S.C. § 2 for aiding and abetting the attempted improper entry of an alien into the United States. The charges are specifically related to one of the 23 aliens involved in the case, Jingkai Yu. Yu attempted to enter Guam illegally and Cheng "assisted or participated in the commision of Yu's crime" according to the document.

The crime is considered a Class B misdemeanor and carries a maximum statutory sentence of six months in prison, a maximum statutory fine of five thousand dollars ($5,000.00), and a statutory special assessment fee often dollars ($10.00). In the plea agrement the government agreed "not to seek additional charges against Defendant for crimes arising from Defendant's participation in the events described in the Indictment and Information, and to dismiss Counts One through Twenty-Two of the Indictment at Defendant's sentencing hearing."

Under the terms of the agreement the Government agreed to "waive a presentence report and agreed to consent to and recommend that Defendant be sentenced immediately upon entry of the plea to time served followed by supervised release for one-year."

The defendant admitted that she "knowingly and intentionally acted as a translator for co-defendant Jian Li in arranging for Jingkai Yu to enter Guam at a time and place that was not designated by immigration officers, and that Defendant specifically assisted these people as translator on January 5, 2010, to board a boat in Saipan in furtherance oftheir attempt to enter Guam."

Under the terms of the agreement Ms. Cheng agrees to cooperate with the Government and specifically to:
a. Truthfully and completely cooperate with the Government, Immigration and Customs Enforcement (ICE), and any other law enforcement agency designated by the Government concerning their investigation ofthe facts stipulated to herein and related unlawful activities;

b. Not directly, indirectly, or intentionally disclose anything Defendant knows or has done concerning the Government's investigation into Defendant's conduct to anyone other than Defendant's counsel, and to not warn any subject of this investigation that Defendant or anyone else is being investigated;

c. Truthfully and completely disclose all information with respect to Defendant's criminal activities and others that are inquired into by the Government, which information can be used for any purpose except as described herein;

d. Attend all meetings and submit to all interviews at reasonable times and places as directed by the Government;

e. Provide to the Government, upon request, any non-privileged document, record, or other tangible evidence relating to matters about which the ICE or any designated law enforcement agency inquires;

f. Truthfully testify before the Grand Jury and at any trial and other court proceeding with respect to any matters about which the Government may request Defendant's testimony;

g. Bring to the Government's attention all crimes which Defendant has committed, and all administrative, civil, or criminal proceedings, investigations, or prosecutions in which Defendant has been or is a subject, target, party, or witness;

h. Abide by the terms oft his Agreement, as well as any order of the Court or United States Probation Office; and

i. Commit no further crimes.
Will Ms. Cheng be providing information about the evening she was released from the prison to give the governor a massage and any conversations that occured that evening? We can presume that she will.

The Marianas Variety reported:
Cheng’s court-appointed attorney Joseph Horey concurred with the recommendation of Assistant U.S. Attorney Kirk Schuler, who prosecuted the case.

When asked by the court why it should impose a sentence for time already served and not six months, Schuler said Cheng “cooperated with the [U.S.] government” on two separate occasions.

He added that Cheng “never failed” in cooperating with the U.S. government.

Cheng is also “expected to continue to cooperate” pursuant to the plea agreement, Schuler said.
Here are the minutes from yesterday's hearing.


Anonymous said...

Please sing Ms. Cheng!

Anonymous said...

Will she be deported?

electric chair said...

Unlike the CNMI government, the feds do not remove for two simple misdemeanors, let alone one.

And no, under CNMI law, two misdemeanors do not "equal" one felony. The former immigration consequences were the same, but there is not and never has been a statutory equivalence.

So this currently does not affect federal removal (unless she does it again), and any CNMI law change could not be made retroactive ("ex post facto") under the U.S. Constitution.

Captain said...

It seems like the Feds want her to stick around.
She was "very cooperative" on the "massage Gate" inquiries.
She will be on parole and not be deported.
It is also interesting that the Feds have stated that she has an "umbrella permit", her work permit expires soon. She will return to work at her old work place.
Could it be that the Feds are going to use her work permit as "they" stated it was allowed to be used without going back to DOL?

Maybe, finally "the fat lady sings".
Could something be coming down on this "Massage gate" incident?
I wonder how many other things this lady knows concerning the Gov. and his "Hench men"?

I would try to petition a "Green Card" for this lady IF because of her testimony it would put Fitial and maybe othes away.
If this would come about, she should get a green card and be shipped off to the US for a new life.

Saipan Writer said...

You're dreaming.

Anonymous said...

she's the star witness to be, so better not to deport her! i hope she sings good, not off key.

Captain said...

Saipan writer, I know this is wishful thinking about getting rid of Fitial, but stranger things have happened here.
About the only thing left in Saipan now is dreams.

And about a "green card",The Feds have done some strange things also.
last year in Manila, the Feds gave a "green card to a prostitute that made a case against a US Marine that was on R&R, from Mindanao, in Subic and along with others
She was picked up out of a club by the three.(with a local driver)
One was convicted of rape (Danial Smith)and spent a couple of years in the US Embassy awaiting appeal.
Prior to the appeal, she recanted her story (in writing)and was sent on her way to the US just before the appeal hearing.
He ultimately was sent home.

Anonymous said...

Taking a Chinese National out of Federal custody was the wong move.