Over 160 prospective jurors summoned in bingo proceeds case

More than 160 prospective jurors were summoned to the District Court of Guam — half on Thursday and the other half Friday — as Chief Judge Frances Tydingco-Gatewood looks to whittle that pool down to 12 jurors and six alternates.

Jury selection continued past 6:30 p.m. Thursday.

The final jury will then decide the fate of three indicted suspects: Michael Marasigan, Jose Arthur “Art” Chan Jr. and Christine C. Chan.

They are accused of a conspiracy to operate an illegal gambling business, money laundering and conspiracy to commit money laundering.

Marasigan is accused of pocketing about $14 million in bingo proceeds between 2015 and 2021, and Christine Chan received about $1 million in that same time. Combined, the trio faces 61 counts of money laundering.

But even as jury selection will likely continue Friday morning, a motion filed on behalf of Marasigan could render a trial moot.

Attorney Michael Phillips, who along with David Lujan represents Marasigan, filed Marasigan’s proposed affirmative defenses with the court early Thursday morning.

Phillips does not know when he will get to argue his proposal and the judge told prospective jurors that the trial is expected to run about two weeks and possibly spill into a third.

Phillips filed a motion that proposed an affirmative defense. An affirmative defense is a legal strategy that can reduce, or even negate a defendant’s liability, even if the government’s claims are true.

Originally, Marasigan was charged, along with a handful of others, with operating an illegal gambling operations, with conspiracy charges of money laundering and fraud as well.

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Late Wednesday, during a continued pre-trial hearing, Phillips successfully argued a point he had hinted on earlier.

Because the Guam Shriners obtained official certification to conduct bingo operations, their bingo operations were lawful, he said.

The court agreed that the government could no longer charge the defendants with illegal gambling because by all accounts, their operation was approved and lawful, according to Phillips.

Then, early Thursday morning, before jury selection started at 10 a.m., Phillips filed his proposal. In it, he argues that the U.S. has created crimes where the Guam Legislature mandated none exist.

“To charge a nonprofit organization possessing a permit to conduct bingo games with an attempt, conspiracy or violation, is creating the new crime,” read the document.

Moreover, said Phillips, the U.S. has the burden of proof. The defense does not have to prove it is innocent; the government must prove guilt.

Although Guam law prohibits gambling without proper certification, the same law also allows for authorized gambling.

“There is no ambiguity. The gambling prohibition does not apply to these three defendants on trial. There can be no violation nor can there be a criminal conspiracy based on a statute that does not apply,” states the proposal.

The case started almost two years ago. Also indicted were Alfredo Leon Guerrero, Minda San Nicolas, and Juanita Capulong, but they pleaded guilty pursuant to an agreement, and are expected to testify as witnesses for the government.