Cablegate: Former Fsm Ambassador to the United States Sentenced To

VZCZCXRO0297
PP RUEHKN
DE RUEHKN #0074 1290348
ZNR UUUUU ZZH
P R 090348Z MAY 09
FM AMEMBASSY KOLONIA
TO RUEHC/SECSTATE WASHDC PRIORITY 2289
INFO RUEHKN/AMEMBASSY KOLONIA 2654

UNCLAS KOLONIA 000074

SENSITIVE
SIPDIS

STATE FOR EAP/ANP

E.O. 12958: N/A
TAGS: PGOV PREL FM
SUBJECT: FORMER FSM AMBASSADOR TO THE UNITED STATES SENTENCED TO
JAIL

REF: A) 06 KOLONIA 0083; B) 06 KOLONIA 0212; C) 06 KOLONIA 0261; D) 06 KOLONIA
0381; E) 07 KOLONIA 0316; F) 07 KOLONIA 0408

1. (SBU) Summary. Former Federated States of Micronesia (FSM)
Ambassador to the United States Jesse Marehalau was convicted of
theft and over-obligation of government funds, charges arising
from his long stint as the FSM Ambassador in Washington. The
FSM Supreme Court sentenced Marehalau to 36 months in the Yap
State Jail, but also created a number of furlough exceptions
that limit his jail time. Given Marehalau's high caste rank and
the high esteem in which he is held by Yap traditional society,
post wonders how much time his Yapese jailers will force him to
spend in actual confinement. End summary.

2. (U) Jesse Marehalau served as the first Ambassador of the FSM
to the United States. His tenure lasted for more than 16 years,
from 1990 to 2006, but was tarred by scandal. In February 2006,
the USG revealed that over fifty FSM passports stored at the FSM
Embassy in Washington were fraudulently sold and issued to
Filipino nationals. [NOTE: FSM passport security is vital to
the USG since FSM citizens may freely travel, live, and work in
the United States without visas. End note.] The following
month, then FSM Attorney General Marstella Jack began an
internal investigation of the FSM Embassy's operations in
Washington.

3. (U) In April 2006, AG Jack revealed that a Filipino national
working in the FSM Embassy as the clerk/chauffeur/accountant,
Enrico Calderon, colluded with Marehalau to sell valid FSM
passports and issue them to mala fide applicants. AG Jack
alleged that other charges also were possible, including the
misuse of Embassy funds. On October 1, 2006, the national
government relieved Marehalau of his position as Ambassador.

4. (U) In May 2007, the FSM Department of Justice filed criminal
charges against Ambassador Marehalau, citing eight alleged
violations. The FSM Department of Justice omitted any charges
relating to Calderon's passport selling operation; the lead
prosecutor confided to POL/MIL Assistant that the government
lacked sufficient evidence to link Marehalau to the passports.
[NOTE: In the spring of 2007, Calderon pled guilty to human
smuggling in the New Jersey Federal District Court and was
sentenced to 26 months in prison. End note.] The case finally
went to trial in the FSM Supreme Court in April this year. On
April 24, the Court found Marehalau guilty on two counts: theft
and over-obligation of government funds. On May 1, FSM Supreme
Court Justice Dennis Yamase sentenced Marehalau to 36 months
imprisonment in the Yap State Jail.

5. (U) However, Justice Yamase's order also offers Marehalau a
number of ways to reduce the time spent in actual confinement.
Every weekday Marehalau may leave the jail at 9:00 a.m. "to
attend community service matters" and provide "assistance to the
Council of Tamol," a traditional Yap leadership council. (The
order states he must be back at the jail by 5:00 p.m.) Every
Sunday from 10:00 a.m. to 9:00 p.m. Marehalau may "attend church
and attend to church matters." If offered a paying job in the
future Marehalau may request work release. Finally, he may seek
local medical attention "at any time the need arises."

6. (SBU) COMMENT: The FSM National Government lacks any
correctional facilities of its own; federal prisoners serve
their time in the state jails. Therefore, Justice Yamase had
little choice but to send him to the Yap State Jail. However,
the loopholes in Yamase's order guarantee that Marehalau will
spend a minimum of 51 hours outside the jail every week. Post
suspects that the former Ambassador will have little trouble in
securing a "paying job" that will decrease his jail time even
further. The need for "local medical attention" will probably
crop up fairly often as well.

7. (SBU) Then there is the attitude of the Yapese themselves.
Yap State Government Civic and Public Affairs Official Larry
Raigetal told POL/MIL Assistant that it will be very hard for
local corrections personnel to assert themselves before such a
prominent person. Not only is Marehalau a former Ambassador, he
is also a member of the highest clan in Yap's caste system. In
Yap society, leaders are born, not made. Marehalau was born
into a leadership clan, inheriting a very high traditional
title. Yapese officials will find it difficult to refuse any
request the erstwhile prisoner may make. A future scenario
where Marehalau spends all of his time outside of jail is not
beyond the realm of possibility.

8. (SBU) Perhaps post's musings may prove to be too cynical.
Raigetal also told POL/MIL Assistant that it is about time folks
who are in such high positions realize that no one is above the
law. Post can only hope that this more modern attitude prevails
in Marehalau's case. END COMMENT.

HUGHESMK

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