A FEDERAL court judge from Hawaii has been assigned to oversee the $30,000 forfeiture case after judge Frances Tydingco-Gatewood recused herself citing family ties.
Ninth circuit chief judge Alex Kozinski signed the order filed yesterday.
Last week, Gatewood recused herself from the case which involves her brother, Phillip Tydingco, chief prosecutor for the Guam Attorney General’s office.
The chief prosecutor signed the plea agreement between the AGO and Kenrick Gajo and his lawyer at the time, Curtis Van de Veld.
The agreement included taking $30,000 from the alleged drug proceeds the police had seized minutes earlier, and giving it to Van de Veld to pay Gajo’s attorney fees.
The U.S. government is now seeking forfeiture of the money paid to Van de Veld claiming the AGO had no authority to enter into that plea agreement.
Van de Veld refused to hand over the money when an arrest warrant was signed, and he has argued that the money lost all illegal character when it passed through the government.
Magistrate judge Joaquin Manibusan heard arguments from both parties, and is expected to decide soon on whether Van de Veld will be held in contempt for not turning over the money. He will also decide if the court can proceed without having the money in custody.
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Hawaii judge takes over $30K forfeiture case
