Victorino Torres, counsel for former Commerce Secretary James Santos, and David Lujan, counsel for Villagomez cross-examined prosecution witness Sucnilo Villanueva about the reports he submitted to the Office of the Public Auditor in 2000 which were made part of the exhibits in the case.
The defense questioned the report the witness made which showed Santos, owner of ISLA Sales Micronesia, receiving a check for over $50,000 on March 23, 1999 for the purchase of Rhydlyme delivered on March 9, 2000.
Torres said this would mean that Santos delivered the products one year after he received the check.
But the witness said this was an oversight on his part, and it was the only item in his report that he would have changed. He said the check was actually paid on March 23, 2000 and not in 1999.
The witness also said he went to Rota and talked to Rota power plant manager Alvin King who stated that they never ordered Rhydlyme.
Torres said the report of the witness submitted to OPA did not indicate that Santos violated procurement laws and regulations.
The witness said he does not know if Rhydlyme can actually improve the performance of the radiators.
The witness worked as CUC’s internal auditor from March 1999 to Dec. 28, 2003.
The prosecution and the defense began their opening statements on Monday afternoon before a 12-member jury who will determine whether Villagomez and his co-defendants, Santos and wife Joaquina V. Santos were involved in a conspiracy to defraud CUC and the federal government which provided the agency with grants.
Twelve jurors and six alternates were selected for the trial presided by U.S. District Court for the NMI Chief Judge Alex R. Munson.
Assistant U.S. Attorney Eric O’Malley is the prosecutor.
The government, in its opening argument, stated that the defendants were involved in six CUC transactions to purchase thousands of gallons of Rydlyme that were never used.
O’Malley said the transactions represented a 375 percent price markup.
