THE Attorney General’s Office will suspend the prosecution of Rota Mayor Efraim Atalig following his acceptance to the Adult Diversion Program of the CNMI Office of Adult Probation.
“Given the approval of the adult diversion, we will file a motion with the court to suspend prosecution,” Chief Prosecutor John Bradley said in a statement to Variety on Tuesday.
“If Defendant Atalig completes the supervision successfully, which requires payment of restitution in the amount of $1,631.97 for improper approval of per diem payments, the case will be dismissed,” Bradley added.
“That now means that all of the Defendants have resolved their cases. The prosecution is, therefore, concluded.”
Previously, the Rota mayor and seven of his current and former resident directors were charged by the Office of the AG with misconduct in public office for attending a Guam Republican campaign rally using public funds.
Misconduct in public office is punishable by a prison term of not more than one year or a fine of not more than $1,000.
The mayor’s co-defendants have already disposed the cases against them through a plea agreement or by participating in an adult diversion program.
On March 23, 2021, Superior Court Presiding Judge Roberto C. Naraja received notice from program coordinator Simram Simram who stated that Atalig is eligible for and has been accepted into the adult diversion program.
“The defendant’s participation in the program shall commence only if and when the government files or presents an oral motion to suspend prosecution and the court’s granting of such motion; and parties signing of the adult diversion agreement,” Simram said.
The case was referred to the adult probation on Jan. 21, 2021 by the AG’s office for an assessment/investigation to determine if the defendant is eligible.
However, Simram said, the Office of Adult Probation did not receive the discovery materials for background investigation, which were supposed to be part of the referral package until Feb. 10, 2021.
In federal court, the mayor and his girlfriend, Evelyn Atalig, were charged with conspiracy, wire fraud and making a false statement, but a jury found them not guilty of all charges in August 2020.
Efraim Atalig
