Man gets 5 years for forgery after stealing and cashing checks

Pago Pago, AMERICAN SAMOA — Jack Filimaua who was convicted of stealing checks from a businessman and forging his signature was sentenced yesterday to 5 years in jail. During sentencing the court pointed to his criminal record, which seems to have started about the time he became a father.

Filimaua was initially charged in two separate cases.

In the first case, he was charged with stealing, forgery, and fraud — all felonies.

For the second case, Filimaua was charged with attempted stealing and resisting arrest — also both felonies — and two misdemeanor charges of third degree assault.

However, under a plea agreement with the government, the defendant pled guilty to forgery, a class C felony, punishable by not more than 7 years imprisonment, and/or a fine of not more than $5,000 or both; and resisting arrest, a class D felony, punishable by not more than 5 years imprisonment, and/or a fine of not more than $5,000 or both.

During sentencing, Filimaua apologized to the Court for his actions and begged for another chance to return home to care for his 5 children. He told the Court he understands how his children must feel, not having a father at home to care and provide for them. He promised that if given a chance, he would make sure he never appears before the Court again.

The defense attorney told the Court that he’s hoping this is a wake up call for the defendant, and he has learned his lesson, that living apart from his children is not a good thing for a father. He didn't ask for a detention period for his client but instead, he left it to the discretion of the Court.

The prosecutor said the defendant was given numerous chances, to no avail. He’s now telling the Court he loves and cares for his family dearly, but his actions put his family at risk by committing this crime, leaving his wife and children at home while he’s held in custody.

He said the defendant fled from police by driving off while his wife was inside, putting her life at risk. The government’s attorney asked the Court to sentence Filimaua to 5 years in jail for each count.

After reviewing the Pre-Sentence Report prepared by the Probation Office, arguments from both attorneys, and the defendant’s plea mitigation, the Court told Filimaua that the Court is aware that he was placed on probation 3 times — 2 times by the District Court and one by the High Court, for cases including felony driving and revocation of his probation.

The Court told Filimaua it appears from Court records that he only became involved in various criminal acts and became known to the Court system when he became a father. But during his youth years, he was never brought before the Court for any crime, and this is a matter that concerns the Court.

The Court told Filimaua he would need to think deeply about what he will do when he is released from jail.

Filimaua appeared in Court last month for two separate hearings — a deposition hearing for violating conditions of his probation, and sentencing for the two separate cases in which he pled guilty.

For violating his probation, Filimaua is ordered to serve the one-year jail term that was suspended by the Court back in 2017 when he was sentenced. For the crime of forgery, he was ordered to serve 5 years in prison, which is the same sentence he received for resisting arrest.

The sentences are to run concurrently, meaning they will be served at the same time.