Last Friday, during sentencing, Chief Justice Michael Kruse ordered Nofo Te’o Utu — who pled guilty for her role in a visa scam — not to engage in the visa business — unless she obtains a business license, something required by law to operate any business in the territory.

Utu was initially charged with two charges of stealing, which are both class C felonies punishable by imprisonment of up to seven years, a fine of up to $5,000, a fine equal to twice the amount of gain from the commission of said crime up to $20,000 — or both fine and imprisonment.

However in the plea deal struck with the government, Utu pled guilty to two misdemeanor stealing charges amended from the felony stealing counts. The misdemeanor counts carry a lesser penalty, and are punishable with up to one year in jail for each count, a fine of up to $1,000 or a fine equal to twice the amount of gain from commission of said crime, or both fine and imprisonment.

Kruse sentenced the defendant to two years probation under certain conditions, and one of those conditions is that she must pay restitution in the amount of $560 to the two men involved. During the plea agreement, the defendant admitted that she told the two men to pay for fingerprints, knowing that there’s no need to have fingerprints to apply for a visa to the U.S. Kruse asked the defendant where the men were supposedly to get finger printed, and she responded “in Samoa.”  

Utu was also ordered to pay a fine of $1,000 and render 200 hours of community service, under the guidance of the Probation Office.

This incident started in March 2013 where a man, “IT” and his wife, upon learning that the defendant was an individual visa agent, went to her residence and asked for her help in applying for a United States visa for “IT” through the U.S. Embassy in Apia, Samoa. 

Court filings state that the police spoke to Utu on May 21, 2013 where she said that the appointments had been set for the two male individuals and she allegedly admitted that she had been overcharging the two males and using the money for personal reasons.  She also said that she was willing to pay back the victims in a timely manner.