Pago Pago, AMERICAN SAMOA — A 35-year-old man accused of passing bad checks at several stores and two restaurants is now in custody after he was arrested last month. During his arrest, investigators discovered an active warrant from 2019 for his arrest — dealing with alleged possession of illegal drugs.

Filemoni Brown made his initial appearance in District at that time and the court has filed two criminal cases against Brown.

In the first case, he is charged with one count of passing bad checks; one count of attempted passing bad checks; and 5 counts of stealing, all class C felonies, punishable by a term of imprisonment of up to seven years, a fine of $5,000, or pursuant to A.S.CA. a fine equal to twice the amount of gain from the commission of said crime, up to a maximum of $20,000, or both such fine and imprisonment.

Bail is set at $20,000.

In the second case, Brown is charged with one count of unlawful possession of marijuana and one count of unlawful possession of methamphetamine (meth), both unclassified felonies, punishable by a term of imprisonment of not less than five, and not more than 10 years, a fine of up to $20,000, or both.

Bail for this case is set at $10,000.

THE STEALING CASE

On the afternoon of Nov. 4th, 2021, a representative from the Nina’s Fast Food (NFF) in the Tafuna area walked into the Tafuna Police Substation (TPS) to file a complaint against Brown who had attempted to purchase food with a ‘used’ check at their restaurant. The representative met up with officers and was interviewed about the matter.

According to the NFF representative, Brown placed an order at the restaurant and gave them a personal check for $148.24. Brown signed his name on the back of the check before he handed it over to the cashier, who later turned it over to the owner of NFF.

The employee asked Brown about the check and he stated that the check belonged to his wife. When asked to contact his wife to verify his statement, Brown looked nervous and started to walk out of the restaurant. The NFF employees held back Brown’s order and didn’t accept the check he gave them.

Investigators questioned the owner of Nina’s and he confirmed that they received a check from Brown when he came to place an order.

However, two days later, a check for $72.15 was accepted by the NFF supervisor and Brown received his food plus change in an amount of roughly $45.15.

The cashier told investigators that Brown came in around 10p.m to place an order asking if they accepted personal checks.

The cashier went with the check and asker her supervisor if they accepted that kind of personal checks. The supervisor took a quick look at the back and front and accepted it.

Investigators interviewed the NFF owner again where he stated that Brown came in around 10:08p.m again to place another order. The manager stated that this time, the check was for $96.24 for an order amounting to roughly $32.

The night shift manager took a look at the check and accepted it.

On Nov. 10 at about 6:30p.m, a businessman walked in to the TPS to file a complaint against Brown for passing a bad check at his store.

The businessman told investigators that he is the owner of Kim’s Restaurant in the Tafuna area and that Brown walked in to place an order at his restaurant. Brown gave him a check for $138.71 and paid for his order that cost $35.46. The owner of the restaurant gave him change of $103.25.

The next morning about 6:14a.m, Brown entered the same restaurant with a personal check of $85.45 and placed an order in the amount of $22.29. The owner again accepted the check and gave Brown change of $63.19.

The restaurant owner also stated that he thought that Brown looked so innocent which is why he accepted the check. But when he went to the ANZ Bank to cash the check, the clerks at the bank told him that the checking account didn’t exist.

One week later on Nov. 17th, another business owner walked into the TPS to file a complaint against Brown. This time, it was the owner of Lee’s Restaurant. He told investigators that Brown purchased food from his restaurant using a bad check.

According to this restaurant owner, his daughter called him while he was at a church meeting, to approve a check that Brown gave her in the amount of $147. The storeowner told his daughter to accept the check, which his daughter did and later on gave Brown his food, which cost $58.32 and change in the amount of roughly $88.68.

The owner also stated to investigators that Brown left and then came back to purchase another order in the amount of roughly $85. This time, Brown came with a personal check of $185 and placed an order using this check. The owner didn’t accept the check.

On Nov. 30th around 7:20p.m, a storeowner walked into the TPS to file a complaint against Brown. He is the owner of the DJ Bakery in the Nu’uuli area. He went to the TPS with a check in his possession that was cashed at his store.

According to the victim, it was the early morning of Nov. 30th when a male individual walked into his store and handed him a check in the amount of $90. The male individual asked to buy two packs of cigarettes and two sodas. Without any questions, the owner cashed the check and gave the individual his packs of cigarette, sodas and change in the amount of $62.29

The victim provided a video surveillance tape and the male was identified by investigators as Filemoni Brown, the defendant in this matter.

More than two weeks later on Dec. 1st, investigators contacted Brown’s wife and informed her about what her husband was doing. Later on that same morning, Brown and his wife walked into the TPS and met up with investigators regarding the alleged crime.

Before Brown was interviewed, he was Mirandized where he stated that he understood his rights and he agreed to make a statement to investigators.

According to Brown’s verbal and written statement to investigators, he was desperate with financial problems because he lost his job after he was found drunk during working hours. He admitted to his actions and immediately apologized. He said he used the money to buy beer and drugs for him and his friends without his wife’s knowledge.

THE 2019 WARRANT

The government alleges that on the night of July. 17, 2019, police pulled over a vehicle in Nuuuli for speeding. In the vehicle were three males.

The driver was identified as defendant Filemoni Brown and the two passengers were male juveniles. All three were instructed to step out of the vehicle and according to the government’s case, Brown became disorderly and refused to comply with instructions when cops were trying to carry out a body search and when he was asked to take a Standardized Field Sobriety test.

During a pat down of Brown, police found a sandwich sized baggie full of a green leafy substance.

An inventory of the vehicle netted more drugs: In a white container found under the driver’s seat several medium sized baggies were found, one of which contained small stamp-sized baggies with a green leafy substance, and several small baggies with a white crystalline substance; while in the driver’s side door a small baggie containing a white crystalline substance was found.

Several empty baggies were also found in a plastic container while other empty baggies were discovered on the floor under the passenger’s seat.

Cops also found a bag belonging to the juvenile who was riding in the back seat of the vehicle. In the bag was a photo ID and a glass pipe containing a huge amount of a white crystalline substance. Both juveniles were patted down but nothing was found on them.

Brown and one juvenile were taken into custody for questioning while the minor who was sitting in the passenger seat was released at the scene.

During questioning, Brown agreed to cooperate and told investigators that the vehicle belonged to his older brother and he borrowed it to transport his crops to a small market at Malaeimi. Despite illegal drugs allegedly found in his possession, Brown denied having any knowledge about the drugs.

He told investigators that he found the drugs inside the vehicle, he then picked them up and put them in his pocket because the didn’t want his children or his wife to see the drugs. After he was interviewed, Brown was released to go home pending investigation.