The case originated in March 2007 after Minto recruited a United States citizen to marry an illegal alien for money. After the couple submitted a marriage application, another participant to the relevant events reported the attempted marriage to law enforcement. After an investigation, Minto was charged for his participation. In August 2008, a jury found Minto guilty of one count each of conspiracy to commit marriage fraud and solicitation of marriage fraud. Minto appealed his convictions. He argued that: (1) evidence was insufficient for the jury to find him guilty beyond a reasonable doubt; (2) the federal takeover of immigration preempted the commonwealth marriage fraud statute at issue; (3) commonwealth immigration statutes were unconstitutional; and (4) it was legally impossible for him to solicit marriage fraud.
The Supreme Court affirmed Minto’s convictions on appeal. First, the court held that evidence presented to the jury was sufficient to satisfy the elements of conspiracy and solicitation to commit marriage fraud because the evidence showed that Minto had agreed to conspire with others to commit marriage fraud; Minto knew his conduct was unlawful, and that the groom would have received an immigration benefit had he married a United States citizen. Second, the Supreme Court held that the CNMI marriage fraud statutes underlying Minto’s convictions were not affected by federalization of local immigration law because Minto was convicted and final judgment entered against him more than a year before federal immigration law became law in the commonwealth. Third, the CNMI marriage fraud statutes were constitutional as applied to Minto. Lastly, the Court held that it was legally possible for Minto to solicit a United States citizen to commit marriage fraud because the Legislature clearly intended the CNMI marriage fraud statute to apply to all persons who marry for fraudulent purposes, not just aliens.
Assistant Attorney General Tiberius Mocanu submitted the legal briefs and oral argument on behalf of the commonwealth.
Of the government’s win, Mocanu stated in a separate media release: “We are very happy in the outcome and thank the court for its speedy decision and diligence in this matter.” Attorney General Ed Buckingham concurred with Mocanu’s statement, adding, “I continue to be proud of the quality work from our office.”
The Supreme Court’s full opinion is Commonwealth v. Minto, 2011 MP 14, and can be found at http://www.cnmilaw.org/supreme_11.htm.
