The Independent Prosecutor that the High Court appointed to investigate the administration’s spending of $36 million, without prior approval of the Fono, recently provided an update of the investigation to the Senate.
Aaron Warren of the law office of Mooney, Wieland, Warren was appointed in March.
His July 10 report addressed to Senate President Tuaolo Manaia Fruean was distributed to Senators on July 12, before the Fono took a four week recess.
Saying that the investigation is still in its preliminary stages, Warren listed the actions he has taken since his appointment.
These include review of documents received from the Senate President’s office regarding the $36 million expenditures, meetings with the Attorney General’s Office regarding a potential role in support of the investigation, in which Warren formally asked the Attorney General that he detail staff from his office to assist with the investigation.
He also requested the AG access to all documents and information relevant to the matter.
Warren said he has contacted the Territorial Auditor to discuss background history and resources needed for the investigation and the bearing of any past or pending audits on the investigation.
He also discussed with the Territorial Audit Office a potential role of TAO in assisting with the accounting and audit review needed for the investigation and recommendations regarding needed amendments to the territorial public audit laws, in particular, tools for access and disclosure of records.
The Independent Prosecutor said he has also prepared a letter to the Treasurer requesting a meeting and voluntary cooperation for records to be requested.
Warren said he was still evaluating options for an expert audit review of the expenditures in an efficient and cost effective manner.
Regarding other actions for the investigation, Warren said he will formally request voluntary disclosure by the Treasurer’s Office and if needed, use the court process.
He will begin interviewing witnesses and taking statements, evaluate the need for broader scope for use of the court process to obtain documents, information and testimony, evaluate options for expert audit review of expenditures and enlist support as may be available.
He said the TAO noted that it could help with the audit components of the investigation on an expedited basis, but requested that the Legislature submit a formal request.
He said in the absence of a formal request, the TAO may provide informal support and advice and/or referrals for an outside auditor.
Warren said he was continuing to monitor fees and costs incurred for the investigation and noted that fees invoiced to date have not yet been paid.
The Senate resolution calling on the AG to request the High Court to appoint an Independent Prosecutor to investigate the spending of the $36 million calls for suspension, removal and also prosecution of any officer or employee of the government who knowingly violated the budget law.
The $36 million was excess local revenues from fiscal year 2023. While the money was spent without the Fono’s knowledge and approval, the Legislature did approve an appropriations bill that the Governor submitted after the fact to legalize the spending.
