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Pago Pago – American Samoa
Early last month, an independent prosecutor appointed by the Supreme Court investigated the government’s use of $36 million for the first part of its study in the Senate without the council’s consent.
Independent lawyer Mr Aaron Warren was elected in March and works at Mooney Wieland Warren LLP, which has been established in Hong Kong for five years.
On July 10, 2024, he sent the first part of a three-page report to Senate President Tuaolo Manaia Fruean, which was distributed to Senate dignitaries on July 12, but Parliament did not adjourn for four weeks.
In his report, Warren said the investigation was in its early stages and he summarized the steps taken since the decision to look into the matter.
He reviewed documents and reports received from the Senate President’s office, valued at approximately $36 million. In addition, he held meetings and correspondence with Senate prosecutors regarding the case, records and sources available for his investigation. He also met with members of the Attorney General’s Office to inquire about that office’s support for his investigation. He also requested the cooperation of others in the Attorney General’s Office in conducting this investigation.
He also asked the Attorney General to provide all records and conditions of the case.
He also responded to media inquiries about his election and refused to comment on the matter until the investigation was properly completed.
The independent prosecutor also stated in his report that he contacted employees of the Territorial Audit Office (TAO), including the SU, to discuss the matter and the documents needed for the investigation. The results of the TAO investigation or other investigations are expected to be announced soon.
He also discussed with TAO a group that could help him with his research and, moreover, some suggestions on possible changes to the audit law in the region.
Warren also mentioned that based on the evidence and records/reports of funds sent by the government funding office in the study done by the House, he contacted the Legislature’s attorney and he is reviewing the data.
Warren also mentioned that he prepared a letter for the public treasurer’s meeting and assisted in obtaining records/reports upon request.
Warren said he has been considering whether an expert audit of the funds used should be conducted to save time and money.
The independent attorney also outlined the next steps for his investigation, which included confirming they would work together to request records and reports from the finance office and, if necessary, go through the courts.
He will also begin questioning witnesses and recording their statements, assess the extent of the need to use the court to obtain records, reports and evidence, and decide to conduct an “expert audit review” of costs and seek help if needed.
He said TAO was ready to help in areas of investigation where much needed, but such cases would require a formal request from the council.
Warren also said he continued to monitor bills and expenses during the investigation, noting that unpaid bills would come in later.
It was included in a joint resolution in the Senate that calls on the Attorney General to ask the Supreme Court to select independent counsel to investigate the government’s use of $36 million without the consent of the Board of Governors, and the resolution specifically provides for the dismissal, removal and prosecution of any individual or government leader who willfully violates government appropriations laws.
Although the council rejected the original resolution submitted by the administration last year, after using an additional $36 million in funds raised to replenish the system through fiscal year 2023, the council passed the same bill again when it reconvened for a special session in March.
The Senate President, while speaking at the opening of the special committee, said he accepted the governor’s request to pass the bill so that the books can be closed for the fiscal year 2023, as the Chief Justice had accepted the joint resolution. The Senate selects an independent counsel to investigate the case.
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