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Court Report

FORMER TELLER VEHEMENTLY DENIES STEALING CHARGE, WANTS JURY TRIAL

 

A former ANZ commercial bank teller, accused of stealing funds from the American Samoa Government Retirement Fund and the ASCC financial aid Pell Grant accounts, has asked the High Court for a jury trial date. Represented by Marcellus Talaimalo Uiagalelei, Aialani Foster is charged with stealing and embezzlement, and she’s out on bail of $10,000.

 

The defendant was in court yesterday for her pre-trial conference when the court heard from Assistant Attorney General Russell Smith that the government is gathering more information on this case prior to handing over a plea offer. However Uiagalelei informed the court that the defendant is requesting a jury trial in this case.

 

According to the government’s case, this incident was reported to the police on June 6, 2014 by the Head of Operation Risk and Assurance for ANZ Guam, Inc.- American Samoa branch, which filed a complaint with the police regarding a former ANZ Guam employee.

 

Court filings say that the bank conducted its own investigation on March 22, 2014 for internal fraud and then focused on Foster, a commercial teller who had been identified as cashing out two unauthorized checks that had been delivered to the bank via night deposit.

 

The government’s case claims that the ASG Retirement Fund account and ASCC’s financial aid account have since been reimbursed for their losses by the bank.

 

It’s alleged that a citizen had cashed check #08653 for $915.35 drawn on the ASCC Financial Aid Pell Grant account at a local market which had subsequently been deposited to their account at the bank on February 25, 2014. However the next day, that same check was processed again and withdrawn on the ASCC Financial Aid Pell Grant by Foster. 

 

These banking actions were verified by her employee identification number, a unique password and appeared on the business deposit and cash out receipt.

 

Court filings further point out that on March 17, 2014 Foster was assigned to run the night deposit bag where it showed an $891 check deposit that was drawn from an ASG retirement account, and on the same day Foster allegedly performed a withdrawal on the same check number with the same amount drawn from the same account — the ASG’s retirement fund account.

 

It’s alleged that further investigation into the matter revealed that it was Foster who performed these actions based on Foster’s unique pin number.

 

Chief Justice Michael Kruse has scheduled this matter for December 7, 2015 before members of the jury.

 

LATIANARA TO ENTER GUILTY PLEA

 

John Latianara, accused of stealing a vehicle in Ili’ili, is scheduled to have a change of plea this week. He’s charged with stealing and public peace disturbance. According to the government’s case, on December 29, 2014 police received a call from a man claiming that someone had stolen his vehicle, which was parked behind a lodge in Ili’ili.

 

Court filings say that the owner of the vehicle informed the police that he heard someone making noise in his house, and when he came to find out who it was, the said person left. The owner says he then heard his vehicle starting and when he came out to see who was taking off in his car, the vehicle was already speeding off.

 

According to the High Court calendar the change of plea hearing is scheduled on Wednesday.

 

MAN IN SEX CASE DENIES CHARGES INVOLVING 11 YEAR OLD GIRL

 

Salati Tuitamailavetiga,19 years of age is facing charges of first degree sexual abuse and sodomy on allegations that he sexually abused an 11-year-old girl. He was arraigned in High Court last week, where he was denied bail. Tuitamailavetiga is being represented by the Public Defender’s office, and during his arraignment, he denied the charges against him.

 

According to the government’s case the matter was reported to the police by a Social Worker regarding the young girl, who was observed with love bites on her neck which the police later photographed. It’s alleged that the girl said she was playing hide and seek with her friends when someone introduced her to the defendant.

 

Court filings say that Tuitamailavetiga took the girl to a nearby shack and gave her “hickies” or love-bites on her neck, and touched her inappropriately on her private parts.

 

In March the police interviewed the defendant in the presence of his aunt. Court filings say that Tuitamailavetiga admitted that he had touched the victim on her private parts but that was all he did.

 

(More details can be found in June 19 edition of Samoa News.)