In her declaration filed in the U.S. District Court for the NMI, Assistant U.S. Attorney Jessica F. Cruz said Candido Igibarz Castro “waived any objections to the United States’ efforts to sell the properties by foreclosure, private sale, or public sale…to the extent necessary to satisfy [his] federal debt in full.”
As of Aug. 20, 2010, Cruz said Castro’s total remaining balance was $153,783.68.
In 2002, the federal court sentenced Castro to eight months imprisonment and ordered him to pay $130,100 in monetary penalties for mail fraud.
In 2009, Castro filed a bankruptcy petition in federal court.
Cruz now wants the court to order writs of execution order for the U.S. Marshal Service to turn over, after levy and execution, any excess proceeds or unsold properties to Mark Heath, Chapter 7 trustee, in accordance with the stipulation and court order in Castro’s bankruptcy case.
Cruz told the court that “the United States should be permitted to seek writs of execution to force the sale of the properties as a ‘mortgage’ under Article XII of the commonwealth constitution.”
The court has discharged Castro after his supervised release expired on Jan. 14, 2006.
