Pago Pago, AMERICAN SAMOA — A man accused of stealing checks from a business owned by his uncle and his uncle’s wife last year has been released from jail to await sentencing, after the court granted a signed plea agreement between him and the government.

Calvin Malaga who had been in custody since his arrest at the beginning of this year, unable to post a $5,000 surety bond appeared in court last week for a Change of Plea hearing.

Malaga 23, was initially charged with three counts of forgery; three counts of stealing; one count of fraudulent use of a credit device; and one count of passing a bad check; all class C felonies, punishable by imprisonment terms of up to 7 years, a fine of up to $5,000, or both.

Under a plea agreement with the government, accepted by the Court last week, Malaga pled guilty to fraudulent use of a credit device, and stealing.

By his guilty plea, the defendant admits that on August 21, 2020, he used a check — knowing it was stolen from the business owned by his uncle and the uncle’s wife — to purchase goods with a value over $100.

He further admits that on the day in question he stole a check in the amount of $217.89 belonging to the business and cashed it to buy food and clothes for his own benefit.

After the court accepted the plea agreement, the defense attorney asked the court to release his client on his own recognizance (OR) to await sentencing. He told the court that the victim in this case is his client’s uncle and his wife and he understands that the defendant’s father has already paid the money to the victims.

The prosecutor echoed defense’s motion.

The court granted the motion to release the defendant pending sentencing. He said that there is no need for a stay away order from the victim in this matter because the defendant and the victim are related.

Sentencing is set for next month.