The defendants cited that under the Money Laundering and Proceeds of Crime Act of 2001, “the law seeks assistance in the government’s efforts to identify suspicious financial transactions and to that end, provides full immunity from prosecution to those who courageously and in good faith transmit information regarding suspicious activities.”
It stated that although the defendants presented Dugan to the authorities and revealed his suspicious transactions, still “defendants found themselves in the unlikely position of defending themselves in this criminal action.”
Tmetuchl and President Johnson Toribiong’s brother Malsol are facing charges of money laundering for attempting to transfer $22.5 Billion to Palau.
Malsol and Tmetuchl were charged with forgery, cheating, counterfeiting, conspiracy and money laundering for attempting to transfer $22.5 Billions of money to Palau.
“There can be no question that these Defendants, in good faith, revealed Dugan’s financial scheme to Palau’s prosecuting authorities and that Defendants were the catalyst for Dugan’s subsequent arrest,” the motion stated.
The defendants argued that under the statute immunity should be provided to those who have transmitted information on suspicious activities.
“In order to enhance Palau’s investigatory efforts, on its face, the statute promotes the furnishing of information to law enforcement authorities by providing a “safe harbor” for bona fide reporting of suspicions. In fact, the MLCPA explicitly provides complete protection from civil, criminal or professional sanctions for “any person” who voluntarily discloses suspicious activities of a potential financial crime, such as money laundering,” the motion stated.
Trial of the case was scheduled for July.
Kassi Berg represents Malsol while Oldais Ngiraikelau is counsel for Tmetuchl.
