The federal government may soon file charge(s) against another recipient of the federally funded Section 1602 low-income housing program, making it the second case to be prosecuted in federal court, while the defendants in the first case — one of them a cabinet director — have been arraigned and their attorney has revealed in federal court a plea agreement is forthcoming.

Since the summer of last year, the Federal Bureau of Investigation has been investigating alleged misuse by recipients of funds from the Section 1602 program, which was funded by the US Treasury Department and administered locally by the Development Bank of American Samoa.

Last week, Samoa News received information from a source, who stated that the “federal government may soon be filing charge(s)” against a second recipient of the program. The source also says that the FBI has already questioned the recipient but the source was not sure how many times the FBI interviewed the recipient.

The source identified the recipient by name, but Samoa News has opted not to identity the person in question at this time until charges — if any — are filed in federal court. The recipient is not a senior government official, but reportedly works in government.

Samoa News shared the recipient’s name with Honolulu FBI Special Agent Tom Simon Jr., who was asked if the federal government will soon file charges(s) against that person. Simon was also asked about the status of the FBI probe into the federal program.

“I can't comment on an ongoing investigation unless or until charges are filed,” Simon said last Friday from Honolulu.

Samoa News points out that the recipient is one of the 15 civil litigation cases filed earlier this year by DBAS with the High Court of American Samoa for failure to comply with conditions of the 1602 housing program contract, which called for them to complete their projects by Dec. 31, 2012.

Federal electronic court records do not show any charges filed against the recipient, but it does indicate that a “CJA 23 financial affidavit” by an “Afalava” was filed Mar. 4, 2014 and signed by U.S. Magistrate Judge John M. Facciola.

Details of the affidavit are prohibited from public release in accordance with federal electronic filing laws.

Such an affidavit is filed with the court to support the request for an attorney, expert, or other services without payment, according to federal court information.

It is also filed when a person is seeking legal services from the federal public defender’s office, according to a member of the legal community familiar with federal court proceedings, when asked for explanation as to the purpose of a financial affidavit.

According to electronic court records, the “Afalava” affidavit was filed on the same date which defendants John Emil Kruse and his wife Elaine Gurr Kruse filed their affidavit at the federal court in Washington D.C.

The pair was charged last month by the feds with one count of “knowing conversion of government property” relating to the Section 1602 program. They were arraigned last Friday via video conference.

Responding to Samoa News inquiries, U.S. Justice Department spokesman Peter Carr said that during the arraignment, defendants entered a plea of not guilty via video conference from American Samoa.

“However, counsel indicated to the court that the defendants intend to sign a plea agreement, and the court scheduled a status hearing for Feb. 5, 2015, at federal court in Washington, D.C,” Carr said last Friday from the USDOJ’s headquarters in the nation’s capital.

The federal government alleges that between 2010 and 2013, the defendants “did knowingly convert low-income housing grants administered by the U.S. Department of Treasury to their own personal and business use."

The government didn’t cite the amount of money given to the defendants, or how much money the defendants allegedly converted for their use. It only says that the value exceeds $1,000.

DBAS is however, seeking to collect $864,095.04 from the couple, in the civil case pending in local court. John Emil Kruse is the government’s chief procurement officer.