Pago Pago, AMERICAN SAMOA — The first of the co-defendants charged in the food stamp fraud case at the Department of Human Social Services (DHSS) was sentenced to 12 months probation and ordered to pay a fine of $1,000.

Jane Vasa, who was released on her own recognizance after being convicted for stealing, a class A misdemeanor, appeared before District Court Judge Fiti Sunia last Friday for sentencing.

She was represented by Assistant Public Defender Ryan Anderson while Assistant Attorney General Jason Mitchell represented the government in this case.

Vasa was initially charged with one count of stealing, a class C felony, punishable by a term of imprisonment of up to 7 years, a fine of up to $5,000, or both.

However, the felony count against Vasa was dismissed by Sunia in Feb. 2018, after the government attorney at the time, Robert Morris informed the court during a preliminary examination (PX) that the government was not prepared to present any evidence.

The government then filed a new charge of misdemeanor stealing against Vasa, the charge that the defendant pled guilty to.

In her plea, Vasa admitted that she gave one of the co-defendants a ream of food stamp coupon paper without permission and for the purpose of committing an offense.

When questioned by investigators, Vasa admitted that some time during the first week of Dec. 2017 while she was assigned to the Issuance office of DHSS ASNAP (American Samoa Nutrition Assistance Program), she was approached by Victor Toeava, one of the co-defendants in the alleged food stamp fraud case.

During the encounter, Toeava asked her to provide him with Food Stamp Coupon papers because he needed it to create his business cards. Vasa asserted that she was reluctant to accommodate Toeava’s request but acquiesced to it two weeks later and provided him with one unopened box of Food Stamp coupon paper. During the following week, Toeava gave her $4,000 and she accepted it.

During her hearing last month before she was sentenced last week, Vasa apologized to the court for her action. She also apologized to her family, her former employer DHSS, her husband and children, and lastly to her in-laws.

Defense attorney Anderson asked the court to sentence his client to a period of probation of one year without any period of detention. According to Anderson, his client is a first offender, who took full responsibility for her action and admitted to both police and the court what she did. Anderson stated to the court that his client is a hard working mother who made a terrible mistake, which affect not only her life but also her family.

The government attorney Mitchell agreed with the defense attorney that Vasa is a suitable candidate for a probated sentence, given the fact that she is being convicted of a class A misdemeanor. However, given the facts of the case and the defendant’s role in this matter, the government felt that a term of probation of 24 months would be more suitable for her.

Before delivering his decision last Friday, Sunia called both attorneys to the bench for a brief discussion.

In delivering his decision, Sunia stated that after reviewing all the facts of the case, especially the defendant’s involvement, the court determined that what happened was a “horrible situation.”

Sunia stated that the defendant was originally charged with a felony stealing, however, the government decided not to go forward with the felony charge but charge her with the misdemeanor stealing.

Sunia told Vasa that the court has taken into account her early admission to the charge against her, and the fact that she took full responsibility for her action.

“What you did was not only make a very poor decision but also commit a serious offense which made a huge negative impact on the food stamp program. Your action showed taxpayers and the community that they could not trust you anymore. You failed to do your part,” Sunia told the defendant.

Sunia then sentenced Vasa to a term of imprisonment of 12 months.

However, execution of sentence is suspended and the defendant is now placed on probation for 12 months under conditions including that she serve a period of detention of 90 days at the Territorial Correction Facility without release. The court also deferred this  detention, as long as she complies with other conditiosn of her probation, including the agreement with the government that she will cooperate in the investigation against her co-defendants — Vincent Toava and Liren Zhang, a.k.a Kevin.

She was ordered to pay a fine of $1,000, remain law abiding and have no contact with her co-defendants.

STATUS OF CO-DEFENDANTS

Vasa’s co-defendants, Toeava and Kevin appeared in High Court last week for their hearings, however, their cases were both continued until next month to give the government more time to turn over remaining reports and discovery to the defense.

Toeava, who is facing 19 criminal counts appeared in court last week for his motion to reduce bond. When his case was called, his attorney David Vargas informed the court that he hasn't received all of the reports and discovery from the government.

The new prosecutor, Jason Mitchell who is now assigned to handle the case told the court that the government is still waiting for some evidence from the police and the bank.

Chief Justice Michael Kruse asked Vargas what he wanted to do. Vargas replied that he can’t argue any motion because the hasn’t receive all of  the discovery.

“Without discovery we are unable to go to a plea negotiation or even argue for a bond reduction. It has been since January and I don’t know why it is taking so long for the government to turn over the discovery for the case,” Vargas told the court.

Kruse told Vargas that the court cannot do anything either to help him because the government is still waiting for some reports and discovery. The defense attorney said he understands the court’s position.

For Kevin’s case, Mitchell informed the court of the same situation and asked for another continuance, until the government puts together the last part of its reports and discovery and hands it over to the defense.

Kevin’s attorney, William Olson from the RDA Law Firm agreed with the government and informed the court that they continue to wait while the government is trying to put together discovery for the case.

Toeava and Kevin are both still in custody unable to each post the $450,000 bond set by the court.