Pago Pago, AMERICAN SAMOA — The Attorney General's Office advised the administration to halt plans for the controversial $10.1 million investment until independent verification could be conducted on the individuals and companies promoting the deal, Attorney General Gwen Tauiliili-Langkilde told the Senate Government Operations Committee yesterday.

Her testimony came days after Governor's Executive Advisor for Finance Brett Butler appeared before the committee and described his involvement in negotiations surrounding the investment. Senators called the Attorney General to provide her account of events and clarify her role in the transaction.

Tauiliili-Langkilde testified that from the beginning she had concerns about the proposed investment and repeatedly urged caution.

According to the Attorney General, she first learned of the proposal in December 2025 when Butler emailed her a draft agreement involving the American Samoa Government and McKinley. However, because the correspondence arrived during the Christmas holiday period, she did not review the document until January 2026 after Butler followed up to ask whether she had examined the agreement.

After reviewing the proposal, she said several provisions immediately raised red flags.

Among her concerns was a promise that a $10 million investment could generate a return of $100 million within just 90 days.

She also recalled participating in an early conference call with individuals involved in promoting the investment. During that meeting, two men who participated did not appear on camera.

The Attorney General said the unusual circumstances prompted her to seek additional information about the individuals and their business history.

One of her requests was for contacts in countries where the promoters claimed to have completed similar investment transactions.

"The concern was we were unable to see their faces," Tauiliili-Langkilde told senators. "We tried to verify who they were through email communications, but after that call, I advised that any further action be stopped until those concerns could be independently verified."

She explained that her recommendation was to suspend all activity related to the investment until both the identities of the individuals and their investment track records could be confirmed.

Tauiliili-Langkilde also testified that she neither reviewed nor approved the final contract between ASG and McKinley.

According to her testimony, the agreement was executed around March 17, 2026. She said she was not given the opportunity to conduct the legal review normally required before such a government contract is signed.

Committee Chairman Senator Togiola T.A. Tulafono noted that agreements of this nature are typically reviewed by the Attorney General before execution. Tauiliili-Langkilde agreed, confirming that legal review by her office should occur before such contracts are finalized.

Togiola then referred to Butler's previous testimony, in which he stated that while he had not discussed the final agreement with the Attorney General, he understood that Governor Pulaali'i Nikolao Pula had spoken with her regarding the contract.

The Attorney General disputed that account, telling senators she never discussed the McKinley agreement directly with the Governor.

She said all communications concerning the investment were conducted through Butler.

Tauiliili-Langkilde acknowledged receiving an email from the Governor on the evening of March 10, 2026, but did not disclose the contents during the hearing. The following day, March 11, she received an email from Butler informing her that the proposed investment transaction had been canceled.

However, Togiola pointed out that the committee had obtained documentation showing that the transaction was not canceled and that $10.1 million had in fact been transferred from ASG to McKinley through an escrow arrangement.

When asked whether anyone had notified her of the transfer, the Attorney General said she remained unaware of the remittance for several months.

She testified that she first learned of the transaction on August 10, 2026, when Acting Treasurer officials sought legal guidance regarding the movement of funds.

The next day, she said, she sent emails to both Butler and the Governor expressing concern about the transfer and seeking clarification.

The hearing took a sharper turn when Senate President Tuaolo Manaia Fruean questioned the Attorney General about whether the transfer violated territorial law because the funds had not been appropriated by the Fono.

Addressing Tauiliili-Langkilde directly, Tuaolo emphasized that her responsibility extends beyond representing the Governor and includes serving the people of American Samoa.

"Gwen, you are not the Governor's attorney general; you are the attorney general for the people of Tutuila and Manu'a," Tuaolo said. "Do you believe Brett has violated the law by transferring $10 million of government money without Fono approval?"

The AG responded that it was a difficult question to answer at the moment because she knows that the Governor and Butler both believed that this was a good investment opportunity that would benefit the Territory.

"OK, but removing $10 million of Government funds without Fono appropriation, don't you think that's a violation of the law?" Tuaolo pressed.

Tauiliili-Langkilde answered that the Fono possesses the constitutional authority to appropriate public funds.

"You are correct," AG Tauiliili-Langkilde confirmed. "The Fono has the authority to appropriate funds, and it is a felony to appropriate funds without the proper authorization."

Tuaolo then asked why prosecutions had not been initiated if a violation of the law had occurred.

"So what are you doing now?" Tuaolo asked. "Why don't you prosecute them now because they're in violation of the law?"

"I can explain what we have done since August, and I can share that with the Fono leaders off-line," the AG replied. "However, things are still ongoing, and as you all know, the attorney general cannot prosecute certain officials of the government. It's something that is done by an independent prosecutor.

Tauiliili-Langkilde said the situation remains unresolved because officials involved continue to maintain that the investment was legitimate and capable of producing returns for the Territory.

"So you know, we can discuss what the next steps are, but again at this point we are in a very kind of waiting position because of the understanding or the belief that this is a valid investment. And so that's the situation we're in right now."

Also appearing before the committee yesterday was Insurance Commissioner Peter Fuimaono, who was questioned about the insurance policy obtained in connection with the $10.1 million investment. Details of his testimony will be reported in tomorrow's edition of Samoa News.