UPDATE: The trial for a major Pandemic Unemployment Assistance (PUA) fraud scheme is set for September 22, 2023, in Guam. District Court Magistrate Judge Michael Bordallo has made this announcement as seven defendants, including family members of Lt. Gov. Josh Tenorio, face serious charges involving nearly $1.9 million in fraudulent claims.
This urgent hearing follows a January 13 status meeting where defense attorneys requested additional time to review over 1 million pages of evidence. However, Judge Bordallo has emphasized the need to expedite the trial, stating that further delays are unacceptable. The trial’s timing raises significant political concerns, as it occurs just a month after the August 1 primary elections, in which Tenorio is running for governor.
Among the defendants are Matthew Topasna, Tenorio’s partner, and Charissa Tenorio, his sister. The allegations include serious charges of wire fraud, mail fraud, and conspiracy, all of which they deny. All seven defendants have pleaded not guilty and are currently released under specific conditions.
Judge Bordallo’s ruling sets a series of critical deadlines leading up to the trial. Reports regarding the status of discovery must be filed by February 19, with a follow-up hearing scheduled for February 26 at 10:30 a.m.. Pre-trial motions are due by July 15, with jury selection planned for September 22 at 9 a.m.
In a related development, a report from Forbes reveals that this case marks the first instance of Microsoft providing encryption keys to law enforcement, raising concerns about data privacy. The FBI is investigating the fraud scheme involving accounts linked to Charissa Tenorio and Frankie Rosalin, with warrants issued for email and phone records. The implications of this cooperation highlight ongoing debates about privacy rights and law enforcement access to encrypted data.
According to the search warrant, federal agents executed a previous search at Comfort Cuts and Ground Maintenance in Hagatna, seizing computers believed to contain evidence of fraud. The devices were encrypted with Microsoft’s BitLocker, a feature designed to protect sensitive data. However, the recovery keys, stored remotely by Microsoft, can be accessed by law enforcement with a valid legal order.
The situation is further complicated by the political ramifications surrounding the trial. Topasna’s attorney, Thomas Fisher, who is also campaigning for attorney general, urged for a delay until after the elections, citing potential political bias due to Tenorio’s gubernatorial bid. Judge Bordallo has resisted this request, reinforcing the need for judicial efficiency.
As the trial date approaches, the pressure mounts on all parties involved. The outcome could significantly impact the political landscape in Guam, particularly for Lt. Gov. Tenorio, who has publicly distanced himself from the allegations against his family members.
The September trial will be closely watched, not only for its legal implications but also for its potential influence on Guam’s political framework as the election season heats up.
Stay tuned for more updates as this critical case unfolds.
