SUPERIOR Court Associate Judge Joseph N. Camacho has granted the request of Rota businesswoman Abelina Mendiola, principal of DFS Enterprises, and issued a temporary restraining against the Office of the Attorney General pertaining to the enforcement of subpoenas to obtain her confidential banking information.
Judge Camacho finds that the plaintiffs will suffer injury if the subpoenas are enforced “because plaintiffs have both a constitutional and statutory privacy interest in their banking information. …”
“This injury is irreparable, and no monetary award will make plaintiffs whole once the information is released, because once the private information is revealed, such action cannot be undone,” Judge Camacho added.
The court also finds that the OAG will not suffer any harm if the requested information is not released pending full and proper determination of the merits of the plaintiffs’ petition.
“This order is issued without notice and [is] an opportunity for defendants to be heard because the injury plaintiffs face is imminent given the deadline for disclosure of the requested information,” the judge added.
The order was issued on Friday, Feb. 9, 2024, and was filed with the clerk of court’s office and entered on record.
“This order shall expire 10 days from the date and time of this order unless within that time it is extended for a longer period. Defendants may appear and move for modification or dissolution of this order,” the judge said.
He scheduled an evidentiary hearing for Feb. 15 at 10 a.m. in Courtroom 220A.
The judge also noted the recent directive from Presiding Judge Roberto C. Naraja regarding subpoenas in matters that do not have a case name and number.
In a memorandum issued on Thursday, the presiding judge instructed Patrick V. Diaz, the clerk of court, to “refrain from issuing subpoenas in matters that do not have a CNMI Superior Court case name and number.”
“This directive shall take effect immediately,” the presiding judge added.
In December and January, pursuant to the OAG’s applications, the clerk of court issued subpoenas ordering Mendiola “to provide as soon as possible” to the OAGs Criminal Division, all her Bank of Saipan and Bank of Guam transaction records.
The subpoenas stated that “failure to comply … may constitute the crime of contempt of court and a warrant may be issued for your arrest.”
The subpoenas did not have accompanying criminal case numbers.
Mendiola, represented by attorney Keith Chambers, asked the court to issue a preliminary injunction pursuant to NMI R. Civ. Pro. 65(a), preventing the OAG and the CNMI from enforcing the subpoenas until such time that the court has ruled on the merits of her complaint for declaratory judgment and injunctive relief in the same case.
Mendiola also filed two separate civil complaints against the OAG for the subpoenas issued against her.
Her lawsuits seek “a declaratory judgment that the subpoenas are null and void and have no legal force and effect.”
Chambers said, “The subpoenas are not relevant or admissible because there is currently no criminal case to which they can be relevant or admissible.”
He added that “the subpoenas also do not articulate what specific crime or crimes allegedly took place.”
Chambers said it is clear that the OAG is using the subpoenas to go on a “fishing” expedition.
According to Variety news files, Abelina Mendiola was one of the officials of Luta Mermaid LLC, the owner of the former MV Luta, which owes the CNMI government $400,000.
