The three were supposed to be sentenced on July 28 but United States District Court for the NMI Chief Judge Alex R. Munson granted the defendants’ motion to delay it.
The defendants, through their counsels–David J. Lujan and Leilani V. Lujan for Villagomez, Victorino DLG. Torres for James Santos and Ramon Quichocho for Joaquina Santos–said in their joint motion they need additional time to prepare for the hearing.
The defense lawyers said the defendants received the presentence investigation report on June 23 and 24 from the U.S. Probation Office. The defense said that under the Federal Rules of Criminal Procedure, “the probation officer must give the presentence report to the defendants at least 35 days before the sentencing unless the defendants waive this minimum period.”
On July 28, the U.S. government through Assistant U.S. Attorney Eric S. O’Malley filed a memorandum in aid of sentencing the defendants.
The U.S. government also notified the court that at sentencing, they will move for a final order of forfeiture of a 1994 Yamaha 31-foot boat registered to Villagomez under the name “Dr. V.”
Villagomez and the Santos couple were convicted by a jury on all five counts of conspiracy, wire fraud and theft of federal funds on April 24, 2009 after a 17-day jury trial.
Villagomez and the Santos couple were accused of entering into a scheme to make unnecessary purchases with huge mark-ups of a de-scaler agent called Rhydlyme from 1998 to 2007.
Conspiracy charges carry a maximum prison term of five years and a fine of up to $250,000. Wire fraud carries a sentence of up to five years and a fine of up to $250,000 while theft concerning federal funds carries a maximum prison term of 10 years and a fine of up to $250,000.
