Two more civil cases filed by DBAS seeking return of 1602 program funds


The Development Bank of American Samoa (DBAS) has filed two more civil litigation cases with the High Court against its customers who failed to comply with conditions of the section 1602 housing program contract.
To date there is a total of eleven civil cases, with the first cases filed on January 31, 2014 while others were filed on Feb. 3 & 4, 2014. The cases are against those who did not complete their projects by the mandated deadline of December 31, 2012.
DBAS Attorney, Fainu’ulelei Alailima Utu represents the plaintiff in the matter and has filed nine cases in the High Court, while Sharron Rancourt, a private attorney, filed three cases due to a conflict of interest within DBAS.
The new cases filed are against Fred Sony Ahoia and Salamasina Miranda Leafaitulagi Schuster. For Ahoia DBAS is seeking the full amount of $211,310 and for Schuster DBAS is asking for a repayment of $80,087. These new cases were filed last week Friday, Feb. 28, 2014.
The previous filings include a case against former Attorney General Fepulea’i Arthur Ripley, under the Ripley Development Company, which was awarded the highest amount of the 1602 funds at a million plus dollars.
Others cases are John Kruse and Elaine Kruse in the amount of $864,095.04; Jane Taufete’e Neru for the amount of $187,386.75; Michael Tolmie for $753,102.21; Andrew Sunia at $597,091; Leon Malaulu for $221,877.50; Usu Nua $351,124.80; Komesina and Carlene Afalava for $167,801.90 and Joe and Eleanor Hollister in the amount of $426,846.20.
DBAS is asking for the High Court to order findings that each defendant is in breach of their agreement. It is also seeking judgment against defendants and in favor of DBAS for the full amount of the section 1602 grant award plus judgment and post judgment interest and any other amount in accordance with the US Treasury guidelines to be determined at trial.
DBAS is also asking the court for a judicial order to foreclose the DBAS mortgage or security. It also seeks that amounts paid by defendants to DBAS as a result of the monetary judgment, or proceeds DBAS receives from a judicial or non-judicial foreclosure sale, except attorney fees and costs, shall be forwarded to the US Treasury, and seeks award to DBAS to cover attorney’s fees and costs and any other relief the court deems appropriate and just.


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