IN THE SUPREME COURT OF THE COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS IN RE THE MATTER OF DISBARMENT OF

Transcription

1 IN THE SUPREME COURT OF THE COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS IN RE THE MATTER OF DISBARMENT OF JOSEPH ALDAN ARRIOLA aka JOEY ALDAN ARRIOLA, (Bar N. F0216). Supreme Curt N ADM-0003-ADA AMENDED ORDER ADMINISTRATIVE E-FILED CNMI SUPREME COURT E-filed: Aug :32PM Clerk Review: Aug :34PM Filing ID: Case N.: ADM-Administrative Orders Martha Mendila On July 12, 2010, the Office f the Clerk f Curt f the United States District Curt fr the Nrthern Mariana Islands infrmed this Curt that Jseph Aldan Arrila pled guilty t tw cunts f wire fraud in vilatin f 18 U.S.C Such acts cnstitute grunds fr attrney discipline pursuant t the Cmmnwealth Disciplinary Rules and Prcedures fr Persns Practicing Law in the Curts f the Cmmnwealth. Pursuant t Rule 13(c) f the Cmmnwealth Disciplinary Rules the Chief Justice hereby refers this matter t Presiding Judge Rbert C. Naraja s that the superir curt has the pprtunity t institute a disciplinary hearing. The sle issue t be determined at this hearing shall be the extent f the discipline t be impsed n Mr. Arrila as a result f his criminal cnvictin. T the extent applicable, the hearing shall be cnducted in accrdance with Rule 9 f the Cmmnwealth Disciplinary Rules. 1 This Amended Order vacates the Order previusly issued by this Curt n this matter. See In re the Matter f the Disbarment f Jseph Aldan Arrila, N ADM-003-ADA (NMI Sup. Ct. July 16, 2010) (Order f Disbarment). SO ORDERED this 2nd day f August Rule 9 disciplinary hearings are generally held t determine bth whether miscnduct ccurred and the apprpriate disciplinary actin. Fllwing Mr. Arrila s criminal cnvictin the nly remaining issue is determining the extent f discipline t be impsed.

2 /s/ MIGUEL S. DEMAPAN Chief Justice /s/ ALEXANDRO C. CASTRO Assciate Justice /s/ JOHN A. MANGLONA Assciate Justice

3 Iil.lu. ii""" (j"k iilftltt uf t, QJlttk isfrirl Q;:llUrf fe, I ' ;Nart4tru ftttrilmu,lsl.nb. lui). ux 5UUGB,,imp'., jl{1l SUPREME COURT 'JUl RECEIVED W,], (filit) 23' 29.' a iittilt: (tiu) 2311"2910 CERTIFICATE OF CONVICTION T The Hnrable Miguel S. Demapan, ChiefJustice CNMI Supreme Curt Guma HustisialIimwal AweeweiHuse f Justice p., Bx Saipan, MP The attached Judgement In A Criminal Case, fr case number CR , cnvicting Jey Aldan Arrila f criminal ffenses, is certified t be a true and crrect cpy f the dcument filed by the U.S. District Curt fr the Nrthern Mariana Islands n June 23, This certificate is issued n July 12, GALO L. PEREZ CLERK OF COURT By :1::;!;:pi William Bc zant Chief Deputy Clerk

4 '-AO 24SB (Rev. 06/05) Judgment in 8 Criminal Case Sheet 1 UNITED STATES DISTRlCT COURT District f Nrthem Mariana Islands UNITED STATES OF AMERICA V. JUDGMENT IN A CRIMINAL CASE THE DEFENDANT: pleaded guilty t cun1() JOEY ALDAN ARRIOLA I. II pleaded nl cntendere t cunt(s) whkh was accepted by the curt. was fund guilty n cunt(s) after a plea f nt guilty. Case Number: CR USM Number: Steven P. Pixley. Esq. F I LED CIMk 0IIIIIct CuIt JlIH itl f' F trqe«! The defendant is adjudicated guilty f these ffenses: 18 USC 1343 Wire Fraud 5/10/2006 II The defendent is sentenced as prvided in pages 2 thrugh f this judgment. The sentence is impsed pursuant t the Sentencing Refrm Act f The defendant has been fund nt guilty n cunt(s) rj'coudt(s) III. IV and V 0 is rj' are dismissed n the mtin f the United States. It is rdered that the defendant must ntify the United Stales atirney fr this district within 30 de}" f any chan.lle f name, residence, r mailing address until all tines, restitutin, csts, imd special assessments impsed by this judgment are fully paid. If rdered t pay restitutin, the defendant must ntify the curt and United States attrney f material cbanges in ecnmic circumstances. 6/ Date (impsitin f Judgment Signature f Judge Han. Cnsuela B. Marshall Name f Judge District Judge Title f Judge A TRUE COpy,-;"rtified -... '--''-=-- By.

5 AO 24SB (Rev. 06/(5) Judgment in Crimi.. 1 Cse Sheet 2 -Imprisn... CASE NUMBER; CR Judgment-Page _.::2_ f IMPRISONMENT ttal term f: The defendant is hereby cmmitted t the custdy f the United States Bureau f Prisns t be imprisned fr a 58 mnths n Cunts I and II, t be served cncurrently with credit fr time served (Nvember t June 10, 2010) ri/ The curt makes the fllwing recmmendatins t the Bureau f Prisns: That the defendant participate in the 500 hur drug rehabiutatin cunseling prgram while incarcerated. The defendant is remanded t the custdy f the United States Marshal. ri/ The defendant shall surrender t the United States Marshal fr this district: at 0 a.m. 0 p.m. 00 ri/ as ntified by the United States Marshal, The defendant shall surrender fr service f sentence at the institutin designated by the Bureau f Prisns: befre 2 p.m. n lis ntified by tbe United States Marshal. lis ntified by!he Prbatin r Pretrial Services Office. RETURN I bave executed this judgment lis fllws: Defendant delivered n t 01 " with a certified cpy f this judgment UNtTED STATES MARSHAL By == DEPUTY UNITllD STATES MARSHAL

6 AO 24SB (Rev. 061(5) Judgment in a Criminal Case Sheet 3 - Supervised Release CASE NUMBER: CR SUPERVISED RELEASE 3 f Upn release frm imprisnment, the defendant shall be n supervised release fr a term f : Three years n each f Cunt I and Cunt II t run cncurrent. The defendant must reprt t the prbjllin ffice in the district t which the defendant i. released within 2 hurs f release frm the custdy f the Bureau f Prisns. The defendant shall nt cmmit anther federal, state r lcal crime. The defendant shall nt unlawfully ss a cntrlled substance. The defendant shall refrain frm any unlawful use f a cntrlled substance. The defendant shall submit t ne drug test within 15 days f release frm imprisnment ana at least tw peridic drug tests tbexeaf\er, as determined by the curt. The abve drug testing cnditin is suspcnded, bssed n the curt's determinatin that the defendant pses a lw risk f future substance abuse. (Cheek, ifappjieable.) 'fi/ The defendant shall t pss... a firesxm, ammunitin, destruetive device, r any ther dangerus weapn. (Check, if applicable.) 'fi/ Tbe defendant shall cperate in the cllectin f DNA as directed by the prbatin fficer. (Cheek, if appliesble.) Tbe defendant shall register with the state sex ffender registratin agency in the state wbere the defendant resides, wrks, r is a s!edent, as directed by the prbatin fficer. (Check, if applicable.) The defendant shall participate in an apprved prgram fr dmestic vilence. (Check, jf applicable.) If this judgment impses a fme r restitutin, it is cnditin f supervised release that the defendant pay in acw,dance with the Scbedule f Payments silce! f this judgment. The defendant must cmply with the standerd cnditins that have been adpted by this curt as well as with any additinal cenditins n the attached page. STANDARD CONDITIONS OF SUPERVISION I} the defendant shall nt leave the judicial district withut the permissin f the curt r prbatin fficer; 2} the defendant sball repn II> the prbatin fficer and shall submit a truthful and cmplete written reprt within the first five days f each mnthj 3) the defendant shall answer truthfully all inquiries by the prbatin fficer and fllw the instructins f the prbatin fficer; 4) the defendant shall sppn his r her dependents and meet ther family respnsibilities; 5) the defendant shall wrk regularly at a lawful ccupatin, unless excused by the prbatin fficer fur schling, training, r ther acceptable reasns; 6) the defendant shall ntify the prbatin fficer at least ten days prir t any change in residence r emplyment; ) the defendant shall refrain frm excessive use f alchl and shall nt purchase, pssess, use, distribute, r administer any cntrlled substance r any parapbemalia related t any cntrlled substances, except as prscribed by a physician; 8) the defendant shall nt frequent places where cntrlled substances are illegally sld, used, distributed, r administered; 9) the defendant shall nt assciate with any petsods engsged in criminal activity and shall nt assciate with any persn cnvicted f a felny, unless g,:anted pennissin t d s l>y the prbatin fficer; 10) the defendant shall permit a prbatin fficer t visit him r her at any time at brne r elsewhere and shajl permit cnfiscatin f any cntraband bservea in plain view f the prbatin fficer; II) 12) 13) the defendant shall ntify the prhatin fficer within seventy-tw hurs f bing arrested Or questined by a law enfurcernent fficer; the d!lfe.ndsnt shall nt enter int 1liiY agreement t act as an infrmer r a special agent f. law enfrcement agency withut the pertnlssln f the urt; and as directed by the prbatin fficer, the defendant shall ntify third partje. f risks that may be ccasined by the defendant's criminal recrd r 1""'80001 histry r characteristis and shall permit the prbatin fficer t riiake such ntificatins and t cnfliil1 the defendant s cmpliance with such ntificatin requirement.

7 AO 2458 (Rev, 061(5) ludgmt.ntin Criminal Cas. Shct 3C - Sup<rVised Release CASE NUMBER: CR-OS.QO JU<\tlmcmt-Page 4 Qf SPECIAL CONDmONS OF SUPERVISION 1, That the defendant shah nt cmmit anther federal, state, r lcal crime; 2, That the defendant shall net unlawfully pssess a cntrlled substance and shall refrain frm any unlawful use f a cntrlled subtance, He shah submk t ne drug test within 15 days f release frm imprisnment and at least tw peridic drug tests thereafter, nt t exceed eight tests per mnth, as directed by the U,S. Prbatin Officer, fr the detectin f drug and alchl use; 3. That the defendant participate In a drug treatment prgram apprved by the U.s, Prbatin Office; 4, That the defendant shall submit t the cllectin f a DNA sample at the directin f the U,S. Prbatin Office; 5, That the defendant shah cmply with the cnditins f SUpervisin as adpted by this Curt; 6. That the defendent shall be prhibited frm pssessing a firearm r ther dangerus weapn Of having such weapn where he resides;. That the defendant shall nt Incur new credit charges r pen additinal lines f credit withut the apprval f the prbatin fficer; 8, That the defendant shall prvide the prbatin fficer access t any requested financial infrmatin; and 9. That the defendant shah cmplete 100 hurs f cmmunity service under the directin althe U.S. Prbatin Office.

8 AO 24SS (l!llv, 061(5) Judgment in. Criminal Case 5 - CriminaJ Mnetary I'=Ilti.. CASE NUMBER: CR CRIMINAL MONETARY PENALTIES The defendant IIIlIst pay the ttal criminal mnetary penalties under the schedule f payments n Sheet 6, r TOTALS Asslll mcdt $ 200,00 Restitutin $ 625,5.00 The detenninatin f restitutin is deferred until after such determinatin... An Amended Judgment in a Criminal Cm. (AO 24Sq will be entered The defendant must make restitutin (including cmmunity restitutin) 10 the fllwing payees in the amunt listed belw, If the defendaat makes a partial payment, each payee shall receive an apprximately Pl:9ptti PlIYl'!ent, unless ified therwise in the pririty rder r percentage payment clumn belw, Hwever. pursuant t IS-U.s.C. 3604(1). au nnfederal victims must be paid before the llnited States is Pllld. TOTALS $ -:6:::; 2:::;:5..:.,:.,;:;5:,:.,00::... $!..- -=62:.:: 5!.:-..:.,:5"',OO:.::- Restitutin amunt rdered pursuant t plea agreement $ _ The defendant must pay interest n restitutin and a fine f mre than $2,500. unless the restitutin r fine is paid in full befre the fifteenth day after the date f the judgment. pursuant t 18 U,S,c. 3612(f), All fif the payment ptins n Sheet 6 may be subject t penalties fr delinquency and default, pursuant t 18 U.S.c. 3612(8), The curt determined that the defendant des nt have the ability t pay interest and it is rdered that: the interest requirement is waived fr tbe 0 fme 0 restitutin. the interest requirement fr the 0 fine 0 reatitutin is mdified as fllws: -Findings frthetra! amunt flsses are required under Cbaptcrs I09A. llo. I loa. and 113A f Title 18frffensesmmittndnrafter Septemner 13, 1994, but befre April 23, 1996.

9 (e.g., AO 245B (Rev, 06/05) Judgment in a Criminal Case Sheet 6 - Schedule f Payments CASE NUMBER: CR Judgmcnl- Page 6 f SCHEDULE OF PAYMENTS Having assessed the defendant's ability t pay, payment f the ttal criminal mnetary penalties are due as fllws: A rj Lump sum payment f $ 625,95.00 due immediately, balance due nt later than _---,:--;:- _ =--:::---:::::-, r in accrdance 0 C, 0 D, 0 E, r ij( F belw; r B 0 Payment t begin immediately (may be cmbined with 0 C, 0 D, r 0 F belw); r C 0 Payment in equal (e.g., weekly, mnthly, quarterly) installments f $ ver a perid f mnths r years), t cmmence (e.g., 30 r 60 days) after the date f this judgment; r D 0 Payment in equal (e.g., weekly, mnthly, quarterly) installments f $ ver a perid f --::--_ (e.g., mnths r years), t cmmence (e.g., 30 r 60 days) after release frm imprisnment t a term f supervisin; r E 0 Payment during the term f supervised release will cmmence within (e.g., 30 r 60 days) after release frm imprisnment. The curt will set the payment plan based n an assessment f the defendant's ability t pay at that time; r F rj Special instructins regarding the payment f criminal mnetary penalties: If restitutin is nt immediately paid after sentencing, while incarcerated and if participating in the inmate Financial Respnsibility Prgram, the defendant shall pay in regular mnthly installments f 25% f the depsits in his inmate trust accunt tward restitutin, and 25% f his inmate trust accunt while serving custdy at a residential re-entry center. Any prtin f the mnetary bligatin nt paid in full prir t release frm custdy shall be due in mnthly installments f $300, r 10% f the defendant's grss incme frm emplyment, whichever is greater. Unless the curt has expressly rdered therwise, if this judgment impses imprisnment, payment f criminal mnetlll)' penalties is due during imprisnment. All cnrninal mnetary penalties, except thse payments made thrugh the Federal Bureau f Prisns' Inmate Financial Respnsibility Prgram, are made t the clerk f the cun. The defendant shan receive credit fr all payments previusly made tward any criminal mnetary penalties impsed. ij( 10int and Several Defendant and C-Defendant Names and Case Numbers (including defendant number), Ttal Amunt, 10int and Several Amunt, and crrespnding payee, if apprpriate. Luis K. Pelisamen, CR , $625,5.00 (Jint and Several) The defendant shall pay the cst f prsecutin. The defendant shall pay the fllwing curt C08t(8): The defendant shall frfeit the defendant's interest in the fllwing prperty t the United States: Payments shall be applied in the fllwing rder: (ll assessment, (2) restitutin principal, (3) restitutin interest, (4) fme principal, (5) fine interest, (6) cmmunity restitutin. () penalties. and (8) csts, including cst f prsecutin and curt csts.