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By
Gina Tabonares
Variety News Staff
FORMER Department
of Labor administrator Linda San Nicolass trial setting has been
rescheduled for March 27.
The reason for the postponement of the proceedings in the courtroom of
Judge Arthur Barcinas was not stated on record.
San Nicolas, 49, was previously assigned at the Department of Labors
Alien Labor Processing and Certification Division.
She was indicted by a Superior Court grand jury on July 5, 2006.
San Nicolas, a resident of Barrigada, was charged with theft of property
as a second-degree felony with a special allegation of crime against the
community, issuance of dishonored checks as a third-degree felony, misapplications
of entrusted funds, and official misconduct as misdemeanors after pocketing
$7,000 cash intended for seven Filipino workers.
Byong H. Kwang, president of Guam Construction Company, gave the money
to San Nicolas as part of a settlement agreement with seven H2 workers
who reportedly ran away.
For almost two months, San Nicolas had been the subject of an investigation
by the Guam Police Department after Guam Construction Company filed a
complaint about its failure to retrieve the money from the former Labor
official.
Guam Construction Co. counsel David Lujan earlier said San Nicolas met
with Kang and other Labor officials on Feb. 1, 2006 to discuss the situation
of the seven runaway workers.
After San Nicolas informed him that the workers were willing to return
to the Philippines provided they were given cash and airfares, Kang gave
the administrator the $7,000 for safekeeping.
On April 4, 2006, the workers lawyer, Robert Davis, wrote a letter
to Labor Director Maria Connelly, informing her that the workers got their
passports and were waiting for the release of their airline tickets and
checks.
Two days after Kang visited Connelly, he requested for the return of the
$7,000.
On April 12, 2006, San Nicolas executed a promissory note to pay the $7,000.
Based on court documents, San Nicolas issued a check in the amount of
$7,000 on May 8. Kang, however, was not able to get it because the account
was closed at the time San Nicolas issued the check.
On June 14, 2006, San Nicolas was invited by police investigators for
questioning, and was handcuffed and turned over to the Hagatna detention
facility pending the filing of a magistrate complaint.
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