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Just Asking… What about those felons employed by ASG?

ASG govt logo

Pago Pago, AMERICAN SAMOA — Last month, on April 5, 2021, Samoa News reported that two ASG employees who were convicted of felonies at the federal level — bribery and fraud — are currently employed with ASG — (https://www.samoanews.com/local-news/public-asks-about-two-men-felony-convictions-hired-asg).

From that story, two men, Kerisano Sili Sataua and Patolo Mageo, employed by the ASG, despite being federally convicted felons, were named.

An unconfirmed report from a government source in the Samoa News April story was noted as saying that the men were possibly “pardoned” by former Gov. Lolo Matalasi Moliga.

Recently, it’s also come to light that another felon convicted by a federal court, is also employed by ASG — Faau Seumanutafa. He is serving as the administrator for the Zoning Board, and has done so from at least 2015. 

From https://www.justice.gov/archive/opa/pr/2005/October/05_crm_553.html:

On October 3, 2005, Fa’au Seumanutafa, the former Director of the American Samoa Department of Procurement, was sentenced by Judge Ezra to eight months in prison and a $5,000 fine, and ordered to pay $80,000 in restitution.

Seumanutafa had pleaded guilty to one count of conspiring to commit bribery and fraud concerning federal programs, in violation of 18 U.S.C. § 371. The charges against Seumanutafa stem from his role in a conspiracy to pre-set the prices on several federally-funded American Samoa Department of Education contracts for bookshelves and library furniture for American Samoa schools. Seumanutafa used his official position to approve and submit for payment from the American Samoa Department of the Treasury numerous false purchase orders for which he received at least thousands of dollars.

Noting that these three men are employed by ASG, Samoa News asks the question if felons convicted in US federal courts can be pardoned by a sitting local governor, and under local law can they be employed by the American Samoa Government legally?

The answer is two-fold:

1 — The American Samoa Code Annotated, Title 7- Government Employees 7.0205 Qualifications. Chapter 02 - Career Service states — (e) The government shall not hire nor continue to employ anyone convicted of a crime involving stealing, embezzlement, or misappropriation of property, which is classified as a felony in American Samoa and or any other country.

2 — Governors do not have the power to pardon individuals convicted of federal crimes (see Federal Law Pardons). Federal law pardons can only be granted by the President of the United States, http://www.clearupmyrecord.com/state-law-and-federal-law-pardons.php).

So, even if former Gov. Lolo pardoned any of the individuals in question they would still be ineligible for employment with ASG. This is because a pardon does not expunge a felony conviction from one’s record (see https://www.justice.gov/pardon/pardon-information-and-instructions and https://www.justice.gov/pardon/legal-authority-governing-executive-clemency#offenses).

Of note, Kerisano Sili Sataua works in Treasury and is said to hold the position of Ass’t to the Treasurer, Patolo Mageo is said to have been hired by the Governor’s Office, and Fa’au Seumanutafa is the administrator of the Zoning Board, a position he seems to have held at least since 2015.

In the April story, Samoa News contacted the Head of the Communication Division at the Governor’s office, Fiafia Sunia regarding this issue — ASG employing convicted felons. He said he would get back to SN about it, but also reflected that it was an interesting issue, and that he would review the difference between a Governor’s appointee and a person who goes through the DHR hiring process.

To date, Samoa News has not heard from the government on this hiring issue, other than what was published in the April 5th story. However, Samoa News has continued to hear from the public about such hiring or appointments by ASG.

In particular, Seumanutafa in his position as administrator of the Zoning Board, recently headed a Zoning Board (ZB) hearing that reviewed the application for a variance for the Kruse warehouse being built in Faigaima, a residential area. Warehouses are zoned for ‘industrial use’, which is why a variance was needed.

Several people who knew of the hearing, tried to attend it, but were not allowed access, despite it being allowed under law. Nor was The ZB hearing advertised on any of the media outlets, including Samoa News, nor on the government Department of Commerce’s website — the last notice of a ZB meeting or hearing was in 2015. (Go to the DOC website)

 The hearing was held behind closed doors. The variance was granted.

Samoan News reporter Ausage Fausia contributed to this story