FORMER Finance Secretary David DLG Atalig on Tuesday invoked his Fifth Amendment right in response to every question pertaining to the $17 million, federally funded Building Optimism, Opportunities and Stability Together or BOOST program that the previous administration implemented two years ago.
Atalig, with his lawyer, Bruce Berline, appeared before the House Special Committee Federal Assistance & Disaster-Related Funding, which is conducting an investigation into the BOOST program.
Except for his personal information such as his name, the village where he resides, and the years he served as Finance secretary, Atalig declined to answer questions about BOOST.
He was one of the panelists who reviewed BOOST grant applications in 2022.
Rep. Blas Jonathan Attao asked the former Finance chief, “For the record, this is not a civil action and you’re not being sued by this special committee — is that correct?”
“Yes,” Atalig said.
But for questions about BOOST, Atalig replied, “On the advice of my attorney, I respectfully respond to your question by asserting my rights to the Fifth Amendment under the U.S. Constitution to remain silent, which [as] the U.S. Supreme Court has explained [is] one of the Fifth Amendment’s basic functions…to protect the innocent men and women who otherwise might be ensnared by vigorous circumstances…as…the truthful responses of the innocent witness may provide the government with incriminating evidence from the speaker’s own mouth.”
He added, “I further respond to the question by asserting my rights under the CNMI Constitution, Article I Section (4)(c).”
Asked about his duties and responsibilities as Finance secretary, Atalig again invoked his Fifth Amendment right.
The committee members, however, continued asking Atalig questions about the BOOST program.
House Floor Leader Edwin Propst, the vice chairman of the special committee, said it was “deeply concerning” how Atalig and the other former BOOST officials implemented the financial assistance program for businesses.
Propst said the Commonwealth Economic Development Authority requested $10 million in federal funds to implement the Small Business Relief Program, which aimed to help “small businesses that have experienced a decrease in revenue from their pre-pandemic period to present.”
Propst said CEDA’s proposal was what BOOST could have been and should have been. He asked Atalig if he ever received a copy of CEDA’s proposal, to which the former Finance secretary invoked the Fifth Amendment.
Propst said “as we have learned from testimonies in previous years, and presently from the documents, there are really no real rules or rubric in how the BOOST grants should be distributed.”
He asked Atalig, “As a panelist, did you have any rules or rubric?”
Atalig again invoked his Fifth Amendment right.
Propst said under the CEDA small business grant program proposal, commercial landlords or owners of apartments were considered ineligible for assistance because they did not create multiple jobs.
“When you were giving out BOOST awards with your fellow panelists, did you not notice how many awards were given to apartment owners and landlords?”
Atalig invoked his Fifth Amendment right.
“That has been one of the concerns that we have, and that is a big one,” Propst said. “And I want to explain why. There were a ton of apartment owners who were given BOOST. Some of them stated publicly that they would support Ralph Torres if they received BOOST. One of them is a person I know. Did you ever heard [a] statement made like that?” Propst asked Atalig, who invoked his Fifth Amendment right.
“When you give a BOOST award to someone that owns an apartment, how does that help the CNMI’s economy?” Propst asked. “This is actually something that helps only the person that owns the apartment. That gives them unfair advantage over somebody else that owns an apartment. But in fact, you are Finance, aren’t apartments considered passive income?”
The former Finance secretary again invoked his Fifth Amendment right.
“What happened was that [CEDA’s proposal] was thrown out and [they] never heard again from Gov. Torres, yourself and anyone else. Instead you chose to make your own rules and gave out your own awards. Are you aware of how many people applied for BOOST?”
Atalig invoked his Fifth Amendment right.
At this juncture, which was close to 12 noon already, the committee chairman, Rep. Ralph N. Yumul, called for a recess, and said that the meeting will resume today, Wednesday, March 13, at 2 p.m.
Former Finance Secretary David DLG Atalig is sworn in by the House special panel. With him is his lawyer, Bruce Berline, left.
Former Finance Secretary David DLG Atalig looks at an exhibit displayed on a computer monitor in front of him during a meeting with the House Special Committee on Federal Assistance & Disaster-Related Funding in the House chamber on Tuesday.
Rep. Marissa Flores listens to former Finance Secretary David DLG Atalig, back to the camera, as he invokes his Fifth Amendment right.
House Floor Leader Edwin Propst asks former Finance Secretary David DLG Atalig — not in photo — a question.
