AN accused drug dealer told the federal court that disclosing his financial affidavit to the U.S. government will be self-incriminating.
Shou Qui, through his court-appointed attorney Richard Miller, requested the court to allow the defendant “to file under seal a CJA 23 financial affidavit, and that the court conduct an ex parte, in camera review of the affidavit for the sole purpose of determining indigency, and that the affidavit remain under seal after review until final judgment in this case.”
Miller added, “Mr. Qiu asserts that compelling him to answer certain questions in the CJA 23 form would violate his constitutional right against self-incrimination, which he hereby asserts, as such answers might lead to evidence that the [U.S.] Government would seek to use against him in this case.”
On Tuesday, Magistrate Judge Heather Kennedy of the District Court for the NMI granted Qui’s request to seal his financial affidavit based on the Fifth Amendment right against self-incrimination.
“Given the alleged offense and a review of Qiu’s moving papers and related documents, the Court finds that sealing these documents until after judgment is warranted,” the magistrate judge stated in her order.
She also rescheduled the preliminary hearing and detention hearing for Thursday, Jan.27 at 1:30 p.m.
On Jan. 12, 2022, the U.S. Drug Enforcement Agency with the NMI Drug Enforcement Task Force executed a search warrant and seized 1.6 pounds of methamphetamine, an undetermined amount of cash, and two handguns with ammunition from Qui in a hotel room where he was staying for the past six months.
Qui was charged with one count of possession with intent to distribute a controlled substance (methamphetamine), and one count of possession of a firearm in furtherance of a drug trafficking crime.
Qui, in a freely given statement to the DEA, and through an interpreter, stated that he was mainly supplied by two people who would give him between 100 grams and 500 grams, depending on how his sales had been.
Qui also said “he has more local customers than anyone on island.”
Assistant U.S. Attorney Garth Backe is prosecuting the case.
