Pago Pago, AMERICAN SAMOA — A man from Alofau accused of making a bomb threat last month is now being charged.

The man, who is the former manager of Pacific Shipping Services (PSS) convicted by the High Court in 2015 for embezzling $200,000 from the company and who also has a pending criminal case in Court — also for embezzlement and stealing — appeared in Court this week for his initial appearance.

Lepuia’i Allen Mayer is charged with public peace disturbance, a false bomb report, harassment and obstruction of government operations, all class A misdemeanors, punishable by a term of imprisonment of up to one year, a fine of up to $1,000 or both.

Bail is set at $2,000.

During his initial appearance hearing, Mayer entered a not guilty plea to all charges. His pretrial conference is scheduled for Aug. 30 at 11a.m.

THE ALLEGATION

On Tuesday May 31, 2022 around 10:53a.m, Chief of Port Security called 911 and reported that the main gate had received a telephoned bomb threat from an anonymous male caller, specifically for the Seaport and Airport. Subsequently, both areas were evacuated as well as other nearby areas.

Several investigators from the Criminal Investigative Division (CID) of the Department of Public Safety (DPS) proceeded to the Department of Homeland Security (DHL) main office in Tafuna after receiving a call saying the alleged bomb threat caller was being detained there.

Investigators arrived at the scene and were briefed by a special agent that the bomb threat was made from cell phone (684) 256-0491, belonging to Lepeuia’i Allen Mayer, the defendant in this case, who was also present at the DHL when CID investigators arrived at the scene.

Investigators questioned Lepua’i regarding the alleged incident where he stated that he made numerous phone calls to the Port main office at the Pago Plaza building and also at the Port main gate, earlier on that day and all these calls were made from his cell phone, (684) 256-0491.

However, Lepua’i strongly denied having made a bomb threat when he called and added that he had no reason to do such a thing. After Lepuia’i was interviewed, investigators proceeded to the American Samoa Telecommunication Authority (ASTCA) main office and submitted a request for phone records for incoming calls received by the Seaport Pier Section.

While the ASTCA staff was in the process of putting together phone records, investigators proceeded to the Pier Section of the Department of Port Administration and interviewed three staff members. Based on the statements gathered, Lepuia’i spoke with all three individual before the bomb threat was made.

Two staff members were posted at their main office in the Pago Plaza building, while the third staff member was posted at the entrance gate into the Seaport.

The third staff member told investigators that at around 9:30a.m, Lepuia’i contacted the Pier Section Security Post’s telephone number (684) 633-7833 from the cell phone number (684) 256-0491 and asked to speak to one of the workers there. The third staff member directed Lepuia’i to call their main office.

Three minutes later at 9:33a.m, an anonymous male caller called the Pier Section Security Post telephone number from (684) 622-7457 angry and complained about bad service rendered by the Seaport and Airport. The caller spoke in English, (with an accent) possibly a Caucasian and yelled, “You guys are gonna get it.” The conversation lasted for only about fifteen seconds before the caller hung up.

The third staff member continued on with his duties after that call and about 10:30a.m, he again received a call on the Pier Section Security Post telephone number from cell phone number (684) 256-0491 and the anonymous caller stated, “I’m giving you guys a heads up, I planted bombs at the airport and seaport, so you better act quickly.”

The third staff member added that the caller from the telephone number (684) 622-7457 at 9:33a.m and (684) 256-0491 were of the same person as he recognized the voice and English accent used.

Three days after the bomb threats, Friday, June 3, investigators received phone records from ASTCA, which showed multiple phone calls to the Pier Section — Security Port from the two telephone numbers, (684) 622-7457 and (684) 256-0491.

ASTCA records showed that the bomb threat call at 10:30 as stated by the third staff member was in fact made from the telephone number (684) 256-0491. This cell phone belongs to Lepuia’i.

One week later, on Wednesday, June 9, 2022, investigators interviewed Lepuia’i where he confirmed that both numbers (684) 622-7457 and (684) 256-0491 belonged to him and he had possession and control of his phone before and after the bomb threat was made.

Lepuia’i further confirmed speaking to all three employees of the Pier Section but still denied having made the bomb call on Wednesday, May 31 at around 10:30a.m.

BACKGROUND

People in the Fagatogo area especially at the Port Administration were told to evacuate at 11:30a.m on Wednesday, May 31, 2022.

In town, everyone in the Samoa News building was told to leave, including the owner and staff of a barber shop and restaurant on the first floor.

The evacuation expanded from Samoa News building, which is across from the Port Administration area, to the Lumana’i Building, which houses a number of Government offices and the US Postal Service.

From the East the road was closed beginning at the front of the old McDonald’s restaurant in Fagatogo and vehicles were lined up to the cannery.

People were confused and wanted to know the reason why the road was closed.

One hour later, the Emergency Operations Center (EOC) issued an “all clear” special bulletin and everyone in town was told to report back to work. The road was also reopened to the public.

The ASDHS TEMCO Special Bulletin said in part, “The EOC would like to inform the public that after a joint effort from our Government Agencies responded to the Bomb Threat — It is official that there is no threat.”

PENDING EMBEZZLEMENT AND STEALING CASE FROM 2021

Mayer was arrested and charged in January of last year on embezzlement and stealing charges. He was released on a $35,000, surety bond.

The complaint against Mayer was filed on Nov. 9, 2020. According to the victim, Mayer has owed him money since August 2020 for a vehicle that Mayer was supposed to purchase for him from off-island.

Mayer helped him get a loan from the Navy Federal Credit Union to purchase the vehicle in the amount amount of $33,050, and when he got the loan check, he signed it over to Mayer to order his truck.

After receiving the check from the victim, Mayer told the victim that he was going to receive his vehicle between Sept. 26- 28, 2020. This did not happen, nor did it happen in October, which Mayer had subsequently promised.

On Nov. 2, 2020, the victim visited Mayer again, and told him that he wanted his money back. The victim further stated to Mayer that it had been over 3 months that he had been waiting for his car and it seemed like all of his promises were not true.

Mayer told the victim that he was going to pay back his money in the amount of $34,000 within the next four days. After four days, on Nov. 6, Mayer failed to keep his promise and the victim never received his money back from the defendant.

After months of waiting for his money to be paid back by the defendant, the victim decided to go to the police for help.

Up until this point in time, the defendant still has not made any payment to the victim, and the victim further stated to investigators that Mayer was planning to leave the territory.

2015 CONVICTION

Mayer was sentenced to 5 years probation after being convicted of embezzlement pursuant to a plea deal with the government. As a condition of the plea agreement between parties, the court dismissed the remaining charges of forgery and stealing.

As a condition of his probated sentence handed down by the court in 2015, Mayer was ordered to serve a period of detention of 20 months at the Territorial Correctional Facility (TCF) and pay restitution in the amount of $200,000. It’s not clear at this time if the defendant paid the full amount of restitution as ordered by the court.

The circumstances of what happened was that, between July 2012 and October  2013, while employed as manager for Pacific Shipping Services he collected payments from customers and deposited them in a Bank of Hawaii account that he had set up under the company name, with himself as the sole signer on the account.

It was discovered that Mayer fraudulently opened the BoH account using a forged authorization letter from PSS with a signature of the company’s President/Director.

The defendant admitted that he used over $200,000 from the BoH account for his personal use. The plea deal says that when the BoH account was uncovered, it had a negative balance of $425.

The government’s case further claimed that during the investigation it was found that defendant would collect cash from sailors on the Lady Naomi and then would keep the money and write checks to the stores for supplies.

Court filings say the defendant also went shopping for sailors on purse seiners, and he collected cash in the amount of $9,000+ and used the PSS checks to pay for the shopping at the stores.

On November 15, 2013 the defendant signed a debt promissory note and repayment agreement, which he did not dispute and agreed to pay back money that he had taken from PSS.