In his decision released yesterday, Associate Judge David A. Wiseman said James Michael P. Fitzgerald will spend five years in jail for four counts of theft, two years of which will be served without parole.
Wiseman also imposed a three-year sentence on Fitzgerald for another theft charge, but all suspended.
The sentences will run concurrently.
Upon his release, Fitzgerald will be on supervised probation for the duration of his suspended sentence.
He will write a letter of apology to the citizens of the CNMI within 30 days of his release. The letter will be published in the newspaper.
He is barred from re-employment with the government.
He will pay restitution to the government amounting to $88,202.92, and an assessment fee of $100. He must obey all CNMI and federal laws.
Wiseman ordered Fitzgerald to report to the Department of Corrections on April 15. He will be released at 8 a.m. on April 14, 2014.
Fitzgerald entered a guilty plea to five counts of theft in Nov. 2008.
The government agreed to dismiss the remaining 25 counts of theft and one count of misconduct in public office.
The five counts carry a maximum jail term of 25 years, or five years each and a total fine of $25,000.
The Office of Adult Probation recommended a 25-year sentence, all suspended except for 15 years.
The Attorney General’s Office through Special Assistant Attorney General Joseph J. Przyuski of the White Collar Crime/Government Corruption Task Force, sought a 10-year sentence, all suspended except for five years without parole.
The defendant requested for a two-year sentence, all suspended except for six months.
Wiseman said the court believes that a great harm to any society is corruption in any form especially in the form of a breach of public trust.
“Corruption undermines faith in public institutions, and takes away valuable resources aimed at improving the quality of life of citizens,” Wiseman said.
The judge added that “such conduct cannot and will not be tolerated and the proverbial message must be sent that government officials who betray the public trust by violating the CNMI laws will go to jail for a substantial term.”
Wiseman noted the defendant’s acceptance of responsibility for his actions by taking a remorseful statement to the court.
The judge said he also considered a petition signed by 200 citizens of the CNMI requesting leniency.
The defendant, a 53-year-old man, has no prior criminal history, Wiseman added.
According to the prosecution, Fitzgerald stole $88,202.92 of government money by writing 28 checks drawn from the CTC bank accounts to his own name and depositing those checks in one of his three personal bank accounts.
Documents showed that this activity spanned for seven months, and some of the funds were used to purchase an airline ticket for his wife to go with him to the states.
In an affidavit, investigator Rolando Decena of the Office of the Public Auditor stated that on Jan. 10, 2007, OPA received information from the managing partner for Deloitte & Touche, Mike Johnson, that Fitzgerald issued about $60,000 in CTC checks without supporting documents.
Decena stated that the checks, issued between July and August 2006, were uncovered when Johnson made a follow up to CTC for its response to audit recommendations.
OPA analyst Donnalyn Castro found that CTC had six accounts with the First Hawaiian Bank.
It was discovered that several checks were made payable to Fitzgerald without supporting documents.
When confronted about the checks, Decena said Fitzgerald “admitted his wrongdoings” and promised to find ways to reimburse the funds he received improperly between April and Oct. 2006.
