Despite Jennifer Tofaeono expressing her deepest regrets and shame for her actions, Deputy Attorney General Mitzie Jessop did not show an inch of leniency when making recommendations — asking Chief Justice Michael Kruse to hand down a sentence that will send a  message to the public that this type of behavior will not be tolerated.

Tofaeono pled guilty to conspiracy to commit felony stealing of hospital money to the tune of $50,000. 

LBJ Hospital’s former Business Manager Tofaeono was in court last Friday for sentencing. She was initially charged with tampering with evidence, stealing and embezzlement. However in a plea agreement with the government Tofaeono pleaded guilty to conspiracy to commit felony stealing, amended from the stealing count.

Tofaeono apologized to her parents, family members and her friends for the wrong choices that she made several years ago that led her before the court. “I betrayed my employer (the hospital) my family and myself and unfortunately my actions have brought shame and grief to my family and friends.”

Tofaeono told the court that she had the burden of family obligations, however those burdens did not justify her actions. The court heard Tofaeono admitting that she got herself in this situation with “plain and simple greed” and it was the desire to get more than she needed.

The defendant informed the court that she recognizes the seriousness of this matter and has taken the time to reflect on her actions so she will not do it again. The court heard that in 2011 she left American Samoa and was gainfully employed in Texas as a business manager, however in 2013 when she heard that criminal charges were filed, she came home to face those charges.

“I made the choice not to hide from what I did, and left my job in Texas, where I was making a salary of $85,000 a year — (I came)  to Samoa knowing there was a great possibility that I would not find a job… and all the challenges of coming back, but I voluntarily returned and I turned myself in to face these charges.”

The court also heard that that the defendant is gainfully employed at a consultancy firm where they develop policies and procedures in technical assistance since September 2014 and it is a one year contract that will help pay the restitution.

Tofaeono also volunteers her time with the Catholic Services and the Cancer Coalition. She hoped that the court would be merciful when handing down her sentence.

Sharron Rancourt, attorney for the defendant asked the court to consider that defendant voluntarily returned to the territory when criminal charges were filed. She took responsibility for her actions, she has cooperated with the government and does not have a prior record.

However, Deputy AG Jessop did not mince words when making her recommendations in this matter, which were for jail time and full restitution.

Jessop pointed out that “the government cannot stress enough the fact that these funds were taken from sick people, taken away from treatment that sick people needed. Her volunteer efforts will not buy medicine for the hard working people of American Samoa who seek medical treatment at this hospital, her volunteer efforts will not pay for diapers for the newborn babies, it will not pay for the doctors and nurses that must come here to provided these services, it will not pay for dialysis services.”

She asked, “ Who does this money belong to? It belongs to the only hospital, a hospital that this court is well aware is having battle with financial restraints.”

The Deputy AG also pointed out that while the defendant said she’s sorry there is no apology to the people of American Samoa. “This is very stereotypical of people who steal things that do not belong to them… they do it because in her words, because of greed, because of selfishness, because she cared more for herself than others.”

Jessop also noted that Tofaeono admitted to the restitution in the amount of almost $51,000 which is the only amount she pleaded to, and as the hospital’s business manager she destroyed records that would've shown that this amount is most likely a lot higher than $51,000 and given the financial situation the hospital is in, the government is willing to take whatever amount Tofaeono pleads guilty to.

“It’s very unfortunate that as a Samoan professional, she should have known better …but she decided to care more for herself than for the people of American Samoa.”

Jessop also pointed out to the court that this was not a one time situation, records show that Tofaeono did it for two straight years. The Prosecutor told the court that they “must send a strong message that justice must be paid as just as God has consequences for the breaking of his law so there must be consequences for breaking man’s laws.”

Kruse, in his remarks before the court, pointed out that while employed at the hospital Tofaeono and subordinate(s) were involved in a scheme of using credit cards and somehow receipts from those transactions would be cashed out by the hospital cashier. The cash was given to the defendant and the hospital’s credit card receipt never made it to the hospital’s bank account.

Kruse said the court is concerned about the defendant’s plea of mitigation and the government’s spin in this matter, however the court is also concerned about the justice system and parity of cases in similar situations.

The Chief Justice sentenced Tofaeono to five years in jail, however the execution of sentence was  suspended under certain conditions. She was then ordered to serve 20 months in jail, pay restitution in the amount of $51,900, and remain a law abiding citizen.

Kruse said the court is open to court release with the purpose of restitution being reasonably made to the hospital.