The defendants are Candido I. Castro and Sean C. Castro.
According to the complaint filed by Assistant U.S Attorneys Mikel W. Schwab and Jessica F. Cruz, a criminal judgment was entered against Candido Castro on April 2, 2002 for mail fraud.
The court ordered him to pay a special assessment of $100,000, restitution of $100,000 and a fine of $30,000.
He was also required to notify the court and the U.S. Attorney of any material change in his economic circumstance.
The complaint stated that Candido Castro failed to disclose his conveyance of some of his lots in his financial statement dated Oct. 17, 2006.
He has a remaining balance of $125,684.65 in restitution, $30,000 in fine; $14,614.92 in incarceration costs; and $9,118.44 in supervision costs.
Four causes of action were filed against him, including separate counts for fraudulent transfer of lots in Marpo, Tinian, and on Capital Hill, Saipan to Sean Castro on Sept. 23, 2005.
This, the federal government said, constitutes a material change in the defendant’s economic circumstances.
The complaint stated that on Oct. 25, 2006, eight days after filing his 2006 financial statement, Candido Castro conveyed to Sean Castro another parcel of lot in Marpo, Tinian.
The federal government said Candido Castro “conveyed the subject property to hinder, delay or defraud the U.S. in its effort to collect on the criminal judgment.”
According to the federal government, “the defendant’s conveyance of the subject properties impaired, and continues to impair the rights of the United States and the victims because the defendant is now insolvent and has no money or property out of which his debts can be satisfied.”
The federal government demands that Candido Castro’s conveyance of parcels of lots be adjudged fraudulent and void, and that the U.S. be awarded a judgment against Sean Castro for the full amount of the debt.
The federal government is also asking that an order be entered to instruct Sean Castro from diminishing the value of any property that he owns.
The court was likewise asked to require Candido Castro to satisfy his monetary obligations immediately, as well as other relief that the court may deem appropriate.
