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1602 defendant John Utu also receives probation

Local resident Fa’amaoni ‘John’ Utu, accused by federal prosecutors of stealing Section 1602 funds to benefit himself and his family, has been sentenced by the federal court in Washington D.C. to probation - no jail time - and ordered to pay restitution of more than $30,000.

 

Fa’amaoni ‘John’ Utu was charged in February this year with one count of “theft of government property” in connection with the federally funded Section 1602 low income housing program program to built housing for low income families.

 

He pled not guilty thereafter via teleconference from American Samoa and traveled to D.C. last week. He appeared this morning (Tuesday) before U.S. District Court Judge Beryl A. Howell - first for his change of plea to guilty, followed by sentencing.

 

John Utu was sentenced to 36 months probation, to pay restitution of $30,673 and perform 100 hours of community service. He was not imposed a fine.

 

In his sentencing memorandum, attorney for the defendant, asked the court in May for a 36-months probated sentence, arguing that the 66-year old has a “distinguished military service record,” has no criminal record, and cooperated fully with the Federal Bureau of Investigation probe.

 

Prosecutors had sought a jail term of up to 12 months, arguing in its sentencing memorandum, that the “defendant’s crime was unusually brazen.” They accused the defendant of stealing Section 1602 program funds “for the benefit of himself and his family.”

 

John Utu’s case is the second Section 1602 program case to be prosecuted in federal court. The first was John Emil Kruse and his wife, Elaine - and both also received probation.

 

Additional details in tomorrow’s edition.