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. 2010-ADM-0003-ADA AMENDED ORDER ADMINISTRATIVE E-FILED CNMI SUPREME COURT E-filed: Aug 2 2010 2:32PM Clerk Review: Aug 2 2010 2:34PM Filing ID: 32431919 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. 1343. 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. 2010-ADM-003-ADA (NMI Sup. Ct. July 16, 2010) (Order f Disbarment). SO ORDERED this 2nd day f August 2010. 1 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.
/s/ MIGUEL S. DEMAPAN Chief Justice /s/ ALEXANDRO C. CASTRO Assciate Justice /s/ JOHN A. MANGLONA Assciate Justice
Iil.lu. ii""" (j"k iilftltt uf t, QJlttk isfrirl Q;:llUrf fe, I ' ;Nart4tru ftttrilmu,lsl.nb. lui). ux 5UUGB,,imp'., jl{1l 96950 SUPREME COURT 'JUl 1 3 2011 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 502165 Saipan, MP 96950 The attached Judgement In A Criminal Case, fr case number CR-08-00001-001, 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, 2010. This certificate is issued n July 12, 2010. GALO L. PEREZ CLERK OF COURT By :1::;!;:pi William Bc zant Chief Deputy Clerk
'-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 08-00001-01 USM Number: 00629-005 Steven P. Pixley. Esq. F I LED CIMk 0IIIIIct CuIt JlIH 2 3 20itl 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 1984. 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. 6/2312010 Date (impsitin f Judgment Signature f Judge Han. Cnsuela B. Marshall Name f Judge District Judge Title f Judge A TRUE COpy,-;"rtified -... '--''-=-- By.
AO 24SB (Rev. 06/(5) Judgment in Crimi.. 1 Cse Sheet 2 -Imprisn... CASE NUMBER; CR 08-00001-001 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 25. 2009 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
AO 24SB (Rev. 061(5) Judgment in a Criminal Case Sheet 3 - Supervised Release CASE NUMBER: CR-08-00001 001 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.
AO 2458 (Rev, 061(5) ludgmt.ntin Criminal Cas. Shct 3C - Sup<rVised Release CASE NUMBER: CR-OS.QO001-001 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.
AO 24SS (l!llv, 061(5) Judgment in. Criminal Case 5 - CriminaJ Mnetary I'=Ilti.. CASE NUMBER: CR-08-00001 001 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.
(e.g., AO 245B (Rev, 06/05) Judgment in a Criminal Case Sheet 6 - Schedule f Payments CASE NUMBER: CR-08-00001-001 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-08-00001-002, $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.