By Bryan Manabat
[email protected]
Variety News Staff
THE Office of the Attorney General has dismissed with prejudice the misconduct in public office charge against Henry Sablan Hofschneider after he agreed to repay $15,000 to the Saipan Mayor’s Office under a civil settlement approved Monday by Superior Court Associate Judge Kenneth L. Govendo.
Assistant Attorney General Olga Kelley said Hofschneider accepted the Commonwealth’s offer and entered into a civil compromise, prompting the prosecution to request dismissal.
“Therefore, the Commonwealth respectfully requests that the court dismiss the charges against Defendant Hofschneider with prejudice,” Kelley wrote.
Hofschneider had been charged with one count of violating 6 CMC § 3202(b)(1), misconduct by a public employee. The charge stemmed from a broader case filed last year in which the OAG’s Criminal Division accused Hofschneider, Larissa Sablan Flores, Teresita Borja Camacho, and Eloida Dela Cruz Macaranas of improperly processing lump-sum annual leave payments for 15 current and former Saipan Mayor’s Office employees.
Prosecutors alleged that Hofschneider’s own lump-sum leave payout of $14,517.09 — along with payments to 14 others in May and June 2023 — was processed without required personnel action forms, expenditure authority signatures, or review by the Office of Personnel Management. Hofschneider has denied the allegations.
Terms of the settlement
Under the agreement, Hofschneider will repay $15,000 in 36 monthly installments of $416.66, beginning March 15, 2026, with late payments accruing 9% annual interest. In return, the OAG agreed to dismiss the case with prejudice and not pursue further criminal, civil, or administrative action related to Criminal Case 25-0070. The OAG may still enforce collection of any unpaid balance.
The settlement also reinstates Hofschneider’s 335.5 hours of annual leave to his government leave account. He is currently employed in the Office of the Governor and will be allowed to use or cash out his leave like any other CNMI government employee, without a cap on accrual.
“Hofschneider has continued to accrue annual leave while working in the Governor’s Office and should not be penalized for agreeing to reinstate his earlier paid-out annual leave pursuant to this agreement,” the settlement document states.
The agreement specifies that Hofschneider is not convicted of a crime. He was represented by attorney Sean Frink.
Other defendants
According to court filings, Hofschneider — then special assistant to the lieutenant governor — and Flores — then administrative manager to the lieutenant governor — were accused of appropriating $98,379.65 from the Saipan Mayor’s Office account between May 19 and June 28, 2023, without the mayor’s expenditure authorization. Both are senior aides to Gov. David Apatang and previously worked at the mayor’s office when Apatang served as mayor.
Camacho, the former budget officer, was charged with two counts of misconduct in public office. Prosecutors alleged she appropriated $38,279.53 for her own use between June 2 and June 28, 2023, and failed to notify the mayor or the human resources manager.
Misconduct in public office carries a maximum penalty of 10 years in prison and a $50,000 fine.
Flores also faces one count of possession or removal of government property, punishable by up to six months in prison, for allegedly removing personnel files of former mayor’s office employees. Macaranas, a payroll manager at the Department of Finance, was accused of processing unauthorized payments totaling $98,379.65 and faces up to two years in prison and a $1,500 fine.
Flores and Macaranas have denied the allegations. No updated court information was available for Camacho.
Bryan Manabat was a liberal arts student of Northern Marianas College where he also studied criminal justice. He is the recipient of the NMI Humanities Award as an Outstanding Teacher (Non-Classroom) in 2013, and has worked for the CNMI Motheread/Fatheread Literacy Program as lead facilitator.
