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Office of the Attorney General Elizabeth Barrett- Anderson Attorney General of Guam Prosecution Division 590 S. Marine Corps Dr., Ste. 706 Tamuning, Guam 96913 • USA (671) 475-3406 • (671) 477-3390 (Fax) www.guamag.org
Attorneys for the People
IN THE SUPERIOR COURT OF GUAM HAGATNA, GUAM
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THE PEOPLE OF GUAM,
S.C. Criminal Case No.: C1 G123-16 OAG Case No.: 16-0568
Charges: Plaintiff,
1) RECEIVING A BRIBE (As a Third Degree Felony) 3 Counts Special Allegation: Crime Against the Community
vs.
2) THEFT (As a Second Degree Felony) 3) CONSPIRACY (As a Second Degree Felony) 4) THEFT BY DECEPTION (As a Third Degree Felony)
ANTONIA MAYO-SAN NICOLAS (aka ANTONIA SAN NICOLAS MAYO aka T ONI MAYO),
DOB: 06/13/1961
5) CONSPIRACY (As a Second Degree Felony) 6) TAMPERING WITH PUBLIC RECORDS
(As a Third Degree Felony)
Defendant.
7) OBSTRUCTING GOVERNMENT FUNCTION
(As a Misdemeanor)
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8) GUILT ESTABLISHED BY COMPLICITY TO RECEIVING A BRIBE (As a Third Degree Felony)
ALBERT SALAS BUENDICHO, DOB: 07/23/1965 Defendant.
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Special Allegation: Crimes Against The Community
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9) CONSPIRACY (As a Second Degree Felony)
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10) GIVING OF A BRIBE (As a Third Degree Felony)
MATTOS JOHNSON, DOB: 8/25/1966
11) CONSPIRACY (As a Second Degree Felony)
Defendant.
12) OBSTRUCTING GOVERNMENT FUNCTIONS (As Misdemeanor)
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INDICTMENT THE SUPERIOR COURT OF GUAM GRAND JURY HEREBY CHARGES:
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CHARGE ONE
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Count 1 17
On or about between September 01, 2015 and January 19, 2016, in Guam, ANTONIA
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MAYO-SAN NICOLAS aka ANT ONIA SAN NICOLAS MAYO aka T ONI MAYO did
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commit the offense of Receiving a Bribe, in that, as a public servant, ANTONIA MAYO-SAN
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NICOLAS aka ANTONIA SAN NICOLAS MAYO aka TONI MAYO solicited or accepted
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or agreed to accept monies or any benefit from Sarah Nucum as consideration for performance of
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an official function, that is, performing or promising to perform certification of Sarah Nucum for Sec. 8 eligibility, in violation of 9 GCA § 49.30. Special Allegation Crime Against the Communi
It is further alleged that in the c ssion of the above offenses, the Defendant, ANTONIA MAY NICOLAS aka ANTONIA SAN NICOLAS MAYO NI MAYO did commit the offense of Crime Against the Communi ' that she did knowingly interfere with, or obstruct or take action r ing government services, that is the Guam Housing and Urban Page 2 People v. ANTONIA MAYO-SAN NICOLAS, etal. S:\NCASTRO\INDICTMENTS\CF0123-16-A.doc
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Renewal Authority' s Section 8 Program, in a mann was for a purpose other than the original purpose for which the se ' s were to be provided, when she used her position to solicit bribe onduct or otherwise promise to conduct or tc indicate that she wou uct certification of Section 8 eligibility, in violation of 9 GCA 1(a) (3).
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Count 2
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On or about between September 01, 2015 and January 19, 2016, in Guam, ANTONIA
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MAYO-SAN NICOLAS aka ANTONIA SAN NICOLAS MAYO aka T ONI MAYO did commit the offense of Receiving a Bribe, in that, as a public servant, ANTONIA MAYO-SAN NICOLAS aka ANTONIA SAN NICOLAS MAYO aka TONI MAYO solicited or accepted or agreed to accept monies or any benefit from Tanya Dominguez as consideration for
performance of an official function, that is, performing or promising to perform certification of Tanya Dominguez for Sec. 8 eligibility, in violation of 9 GCA § 49.30. Special Allegation Crime Against the Community
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It is further alleged that in the commission of above offenses, the Defendant, ANTONIA MAYO-SAN NICOL aka ANTONIA SAN NICOLAS MAYO aka TONI MAYO ' commit the offense of Crime Agains the Community , in that she did gly interfere with, or obstruct or take action regarding governme rvices, that is the Guam Housing and Urban Renewal Authority's ion 8 Program, in a manner that was for a purpose other than the origin ose for which the services were to be provided, when she used her p ion to solicit bribes to conduct or otherwise promise to conduct or to indic that she would conduct certification of Section 8 eligibility, in violation GCA § § 43.31(a) (3).
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On or about between September 01, 2014 and March 31, 2015, in Guam, ANTONIA
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MAYO-SAN NICOLAS aka ANT ONIA SAN NICOLAS MAYO aka T ONI MAYO did
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commit the offense of Receiving a Bribe, in that, as a public servant, ANTONIA MAYO-SAN
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NICOLAS aka ANTONIA SAN NICOLAS MAYO aka TONI MAYO solicited or accepted
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or agreed to accept monies or any benefit from Mattos Johnson as consideration for performance
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of an official function, that is, performing or promising to perform certification of Mattos
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Johnson for Sec. 8 eligibility, in violation of 9 GCA § 49.30.
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Special Allegation Crime Against the Community It is further alleged that in the commission of the above offenses, the Defendant, ANTONIA MAYO-SAN NICOLAS aka ANTONIA SAN NICOLAS MAYO aka TONI MAYO did commit the offense of Crime Against the Community, in that she did knowingly interfere with, or obstruct or take action regarding government services, that is the Guam Housing and Urban Renewal Authority's Section 8 Program, in a manner that was for a purpose other than the original purpose for which the services were to be provided, when she used her position to solicit bribes to conduct or otherwise promise to conduct or to indicate that she would conduct certification of Section 8 eligibility, in violation of 9 GCA § § 43.31(a) (3).
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CHARGE TWO On or about the between October 1, 2014 to March 31, 2015, in Guam, ANTONIA
MAYO-SAN NICOLAS aka ANTONIA SAN NICOLAS MAYO aka T ONI MAYO did 14
commit the offense of Theft, in that she did unlawfully exercise unlawful control over the
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movable property of Guam Housing and Urban Renewal Authority, that is, payments associated
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with Section 8 eligibility of Mattos Johnson, with intent to deprive Guam Housing and Urban Renewal Authority thereof, the amount involved exceeding $1,500.00, in violation of 9 GCA §§ 43.20(a), 43.30(a), and 80.50, as amended.
CHARGE THREE On or about between October 1, 2014 to March 31, 2015, in Guam, ANTONIA MAYOSAN NICOLAS aka ANT ONIA SANICOLAS MAYO aka TONI MAYO did commit the 22
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offense of Conspiracy , in that she agreed with M AT T O S J OHNSON, that ANT O NIA MAYO-SAN NICOLAS a ka ANT ONIA SANICOLAS MAYO aka TONI MAYO or one of
them would engage in conduct which constituted the crime of Theft; that, she did intend to
engage in, promote or assist in the conduct which constituted the crime of Theft; and that, MATTOS JOHNSON did perform an overt act in pursuant of the agreement, which was to pay
a bribe to ANTONIO MAYO-SAN NICOLAS aka ANTONIA SANICOLAS MAYO aka TONI MAYO so she would certify MATTOS JOHNSON for eligibility for Section 8 housing assistance , in violation of Title 9 Guam Code Ann. §§ 43.20 (a), 43.30 (a), and 13.30. Page 4 People v. ANTONIA MAYO-SAN NICOLAS, etal. S:\NCASTRO\INDICTMENTS\CF0123-16-A.doc
1 CHARGE FOUR
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On or about between September 01, 2015 and December 31, 2015, in Guam, ANTONIA MAYO-SAN NICOLAS aka ANTONIA SAN NICOLAS MAYO aka T ONI MAYO did commit the offense of Theft by Deception, in that she did intentionally obtain payments from
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Tanya Dominguez and Sarah Nucum by, by deception, by creating or reinforcing a false
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impression, including false impressions as to law, value or other state of mind, in the same
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scheme or course of conduct, when she did promise or otherwise indicate that she would have
someone at the Department of Revenue and Taxation, Government of Guam, fix Sarah Nucum 's and Tanya Dominguez 's taxes so that they could be eligible for Section 8 assistance, in violation of 9 GCA §§ 43.15, 43.20(b), 43.20(f), 43.35(a)(1).
CHARGE FIVE On or about December 1, 2015 to January 19, 2016, in Guam, ANTONIA MAYO-SAN
NICOLAS aka ANTONIA SANICOLAS MAYO aka TONI MAYO did commit the offense of Conspiracy, in that she agreed with ALBERT BUENDICHO that, she or ALBERT
BUENDICHO or one of them would engage in conduct which constituted the crime of Theft; that, she did intend to engage in, promote or assist in the conduct which constituted the crime of
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Theft; and that, ALBERT BUENDICHO or ANTONIA MAYO-SAN NICOLAS aka
ANTONIA SANICOLAS MAYO aka TONI MAYO did perform, or one of them performed,
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an overt act in pursuit of their agreement, which was to convince TANYA DOMINGUEZ to
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make a payment to ANTONIA MAYO-SAN NICOLAS aka ANTONIA SANICOLAS
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MAYO aka TONI MAYO to certify the eligibility of TANYA DOMINGUEZ for Section 8
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housing assistance so that ALBERT BUENDICHO could obtain rental income from the Guam
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Housing and Urban Renewal Authority, in violation of Title 9 Guam Code Ann. §§ 43.20 (a),
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43.30 (a), and 13.30.
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CHARGE SIX 25
On or about between January 1, 2012 and January 19, 2016, in Guam, ANTONIA
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MAYO-SAN NICOLAS aka ANT ONIA SAN NICOLAS MAYO aka T ONI MAYO did
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commit the offense of Tampering with Public Records, in that she did with intent to defraud or
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injure the Guam Housing and Urban Renewal Authority, intentionally and unlawfully destroy,
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conceal, remove or otherwise impair the verity or availability of the Guam Housing and Urban
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Renewal Authority record, document or thing concerning Sheila Delgado' s Section 8 eligibility,
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in violation of 9GCA §§ 55.10(a)(1), (2) and (b).
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CHARGE SEVEN 5
On or about between January 19, 2016 and February 15, 2016, in Guam, ANTONIA
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MAYO-SAN NICOLAS aka ANTONIA SAN NICOLAS MAYO aka T ONI MAYO did
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commit the offense of Obstructing
Governmental
Functions
when
she
intentionally
obstructed, impaired or perverted the administration of law or other governmental function by unlawful acts, that is, by contacting Section 8 recipients when told by federal agents that doing so would constituted a separate crime, in violation of 9 GCA § 55.45, as amended.
CHARGE EIGHT On or about between December 01, 2015 and January 19, 2016, in Guam, ALBERT SALAS BUENDICHO did commit the offense of Guilt Established by Complicity, in that he
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did, with the intention of promoting or assisting in the commission of an offense, that is, AN T O N I A M AYO - S AN N I C O L AS a ka AN T O N I A S AN N I C O L AS M AYO aka TONI M AYO ' s Receiving a Bribe, a violation of 9 GCA § 49.30, induce or aid ANTONIA MAYO-
SAN NICOLAS aka ANTONIA SAN NICOLAS MAYO aka TONI MAYO, to solicit money from Tanya Dominguez as consideration for performance of a n official function, that is,
certification of Tanya Dominguez's eligibility for Section 8 housing assistance, in violation of 9 GCA § 4.60.
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Special Allegation Crimes Against the Community It is further alleged that in the commission of the above offense, the Defendant, ALBERT SALAS BUENDICHO did commit the offense of Crimes Against the Community , in that he did knowingly interfere with, or obstruct or take action regarding government services, that is the Guam Housing and Urban Renewal Authority's Section 8 Program, in a manner that was for a purpose other than the original purpose for which the services were to be provided, when he took part in a bribery scheme in which ANTONIA MAYO-SAN NICOLAS aka ANT ONIA SAN NICOLAS M AYO aka TONI MAYO was to certify or promise to certify or otherwise indicate that she would certify Tanya Dominguez for Section 8 eligibility in exchange for an unlawful payment so that ALBERT
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SALAS BUENDICHO could receive rental income he would not otherwise be entitled to, in violation of 9 GCA § § 43.31(a) (3).
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CHARGE NINE
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On or about December 1, 2015 to January 19, 2016, in Guam, ALBERT BUENDICHO
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did commit the offense of Conspiracy , in that he agreed with ANTONIA MAYO-SAN
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NICOLAS aka ANTONIA SANICOLAS MAYO aka TONI MAYO that, she or ALBERT
BUENDICHO or one of them would engage in conduct which constituted the crime of Theft; that, he did intend to engage in, promote or assist in the conduct which constituted the crime of Theft; and that, ALBERT BUENDICHO or ANTONIA MAYO-SAN NICOLAS aka
ANTONIA SANICOLAS MAYO aka TONI MAYO did perform, or one of them performed, an overt act in pursuit of their agreement, which was to convince TANYA DOMINGUEZ to make a payment to ANTONIA MAYO-SAN NICOLAS aka ANTONIA SANICOLAS
MAYO aka TONI MAYO to certify or to promise to certify or to otherwise indicate that she would certify the eligibility of TANYA DOMINGUEZ for Section 8 housing assistance so that ALBERT BUENDICHO could obtain rental income from the Guam Housing and Urban Renewal Authority, in violation of Title 9 Guam Code Ann. §§ 43.20 ( a), 43.30 (a), and 13.30.
CHARGE TEN On or a bout between October 01, 2014 and March 31, 2015, in Guam, M AT T O S
JOHNSON did commit the offense of Giving of Bribes, in that he knowingly did offer, confer 19
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upon, or agree to confer upon a public servant, that is, ANTONIA MAYO-SAN NICOLAS aka ANT ONIA SANICOLAS M AYO a ka T O NI MAYO, a benefit, that is, money, as consideration for her performance of an official function; that being to certify M AT T O S
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JOHNSON for eligibility in the Guam Housing and Urban Renewal Authority's Section 8 Program, in violation of 9 GCA §49.20.
CHARGE ELEVEN On or about between October 1, 2014 to March 31, 2015, in Guam, MATTOS
JOHNSON did commit the offense of Conspiracy, in that he agreed with ANTONIA MAYO-
SAN NICOLAS aka ANTONIA SANICOLAS MAYO aka TONI MAYO, that MATTOS JOHNSON or one of them would engage in conduct which constituted the crime of Theft; that, he did intend to engage in, promote or assist in the conduct which constituted the crime of Theft; Page 7 People v. ANTONIA MAYO-SAN NICOLAS, etal. S:\NCASTRO\INDICTMENTS\CF0123-16-A.doc
and that, MATTOS JOHNSON or ANTONIA MAYO-SAN NICOLAS aka ANTONIA 2 3 4 5
SANICOLAS MAYO aka TONI MAYO did perform, or one of them performed, an overt act in pursuant of the agreement, which was to pay a bribe to ANTONIO MAYO-SAN NICOLAS
aka ANTONIA SANICOLAS MAYO aka TONI MAYO so she would certify MATTOS JOHNSON for eligibility for Section 8 housing assistance, in violation of Title 9 Guam Code Ann. §§ 43.20 (a), 43.30 (a), and 13.30.
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CHARGE TWELVE
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On or about between January 19, 2016 and February 15, 2016, in Guam, MATTOS
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J OHNSON did commit the offense of Obstructing Government Function when he did
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intentionally obstruct, impair or pervert the administration of law or other governmental function by unlawful acts, that is, by telling federal agents untruthful statements when contacted by ANTONIA MAYO-SAN NICOLAS aka ANTONIA SAN NICOLAS MAYO aka TONI MAYO after she was told not to contact any Section 8 recipients who paid her a bribe, in violation of 9 GCA § 55.45, as amended.
Dated: March 1, 2016
OFFICE OF THE ATTORNEY GENERAL
A TRUE BILL
Elizabeth Barrett-Anderson, Attorney General of Guam
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JOSEPH 14. MCDONALD Assistant orney General, Prosecution Division
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RECEIVED FOR SERVICES
knowledge that a copy of the original hereto was placed in the
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TIME:
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DATE:
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INITIAL'
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SERVICE VIA COURT BOX
: . . .
MAnSHAL wvEAlORCOURTOFGUAM
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