The Samoan travel agent, who pled guilty to wire fraud at the federal court in Springfield, Missouri is now set to be sentenced next month while the court has granted a request for the U.S. Justice Department to start forfeiture procedures to recover more than $300,000 from the defendant’s assets.

Calliope Rocky Saaga, aka Ope, of Utah, was charged under a 15-count indictment with defrauding Willard High School marching band by stealing $360,000 and using the money for gambling, trips to neighboring Samoa and one wire transfer of $100,000 to a bank in Samoa.

While he pled guilty last October to one count of wire fraud, under a plea agreement with prosecutors, there was no sentencing date set for the defendant who is out on bond.

Court records now show that he will be sentenced Mar. 11 this year and the court has given both parties the opportunity to file sentencing memos later this month.

According to the agreement, wire fraud — a felony — is punishable by not more than 20 years imprisonment, a fine of $250,000 and three years of supervised release. He must also pay in full any restitution ordered by the court.

Then on Feb. 2 this year, federal prosecutors asked the court for a preliminary forfeit order, saying that the “forfeiture allegation” of the indictment sought forfeiture of all property, real and personal, constituting, or derived from proceeds traceable to the offenses committed by the defendant, including but not limited to a personal money judgment against Saaga for $400,000.

Prosecutors pointed out that as part of the defendant’s plea agreement, the government could seek a money judgment of $360,000.  Additionally, the government can require forfeiture of any assets — including any property belonging to the defendant.

However, to date, the government has not identified specific assets that were derived from the offenses for which the defendant has been convicted. Nor has the United States identified any property of the defendant that could be forfeited as a substitute asset in accordance with federal law.

Accordingly, the government seeks an Order of Forfeiture consisting of a personal money judgment against the defendant in the amount of $360,000. And at the time of sentencing, prosecutors request that the court orally announce the money judgment.

Two days later, U.S. District Court Judge Greg Kays signed the order, in which the government may undertake whatever discovery is necessary to identify, locate, or dispose of property subject to forfeiture, or substitute assets for such property; and that the United States may, at any time, move to amend this Order of Forfeiture to substitute property having a value not to exceed $360,000.00 to satisfy the money judgment in whole or in part.

Meanwhile, Saaga has an identical case pending at the federal court in Fort Smith, Arkansas, where he is facing a three-count indictment for wire fraud and aiding and abetting. The charges stem from three separate wire transfers totaling $272,500 between 2011 and 2012 from the Southside High School Marching Band for their trip to Hawai’i in the summer of 2012. 

Like the Missouri marching band, the Southside marching band never made the trip because Saaga used the money for his own benefit.