Defendant in local DHS case referred to feds seeks “time-served”

Pago Pago, AMERICAN SAMOA — A Samoan man in Hawaii, who pled guilty at the federal court in Honolulu to the theft of public money as well as passport fraud is seeking time-served in custody when he is sentenced next month, according to the defense’s sentencing memorandum filed last Friday in court.

As previously reported by Samoa News, Laneserota Fa’avesi Seufale — who prosecutors say is a citizen of the Independent State of Samoa, and obtained more than $117,000 in Social Security Administration benefits using another person’s name — pled guilty this year under a plea agreement with prosecutors.

Under the plea agreement, the government dismissed the charge pertaining to social security benefits, as the defendant remains in federal custody without bail.

As previously reported by Samoa News this case was the result of a referral from the American Samoa Department of Homeland Security in August 2018 to the Honolulu Office of the U.S State Department’s Diplomatic Security Service (DSS). (See Samoa News edition Apr. 28, 2023 for details.)

SENTENCING MEMORANDUM

“Mr. Seufale is a man of god, who values religion and helping his family and community. He has dedicated his life to the church and to the service of others. He is a humble man, from modest beginnings. And these modest beginnings are integral to understanding the nature and circumstances of this offense,” says the defense’s memo which provided summary details of the defendant’s life.

Born in 1963 in Samoa, the defendant when he was a teenager, was brought to American Samoa and lived with a family in Iliili, where he worked on the streets selling coconuts, taro, fa’ausi, and other small items, the memo claimed.

He did not keep any money for himself; rather, the money he earned was given to the family. At this time, he got to know his maternal aunty well.

Seufale went back to Samoa in 1981 to live with his mother. But around 1983 or 1984, Seufale’s aunt came to Samoa and brought him back to American Samoa and this time he lived in Fagasa.

Seufale was around 31-32 years old and had difficulty finding employment. In efforts to obtain an identification document that would allow Seufale to work in the territory, his aunty took him to apply for a voter identification card.

“What Mr. Sefuale did not know was that his aunt had pre-arranged for him to use another individual’s name, listing a false name and birthplace of American Samoa,” the defense memo said but made no mention as to the relationship between the aunt and the other person, whose identity was used.

While Seufale recognized that the name on his new identification did not match the name he had been using, the defense said that the defendant bowed to the will of his elder family member and did not question her authority.

“This act of dishonesty set into motion a series of events that once begun could not easily be undone,” the defense said, and noted that when it came time to apply for a U.S passport, an elder family member took Seufale to fill out the forms, once again prompting him to use the same false identity.

“For nearly thirty years, the reality of Mr. Seufale’s false identity haunted him. He knew, in the back of his mind, that he was not the name he saw on his identification card or his United States passport,” the defense noted. “But this knowledge did not cause him to stop using the false identity.”

The defense explained that one of the reasons Seufale continued his unlawful behavior may have had to do with continued pressure from family members. Another reason is that he feared bringing shame and disrepute upon his family.

“But regardless of family pressures, Mr. Sefuale knows that it was ultimately his choice, and that he made the wrong choice,” the defense argued. “Each time he filled out an application for a passport, or new documentation where he needed to attest to his name and birthplace, he found himself caught between righting the past wrong or continuing the unlawful course of events he had started in young adulthood.”

“Rather than seek assistance or legal advice as to how to rectify the events set in motion during his young adult years, he continued using his false identity,” the memo said.

According to the defense, in 2017, Seufale “had a heart-to-heart” talk with his mother, who disclosed the entire history of Seufale’s life. And the defendant accepted that history, discovered and obtained his birth documents, and had the courage to apply for a Samoa Passport using his real name and his real birthplace.

“By publicly acknowledging his true identity and birthplace, Mr. Seufale voluntarily attempted to correct his prior illegal actions,” the defense points out.

A footnote in the filing noted that documents provided in discovery phase of the case, show that Seufale was issued a renewed U.S passport — using his false name — on July 20, 2017, and was subsequently issued a Samoa Passport, using his correct name, Laneserota Fa’avesi Seufale, on October 26, 2017.

“What he faces now is the harsh reality that declaring a false identity and false birthplace on a U.S. passport application is a federal crime,” the defense points out. “And obtaining social security benefits under the guise of a false name and a false claim of being a United States national is likewise a federal crime.”

The defense argued that the circumstances demonstrate how an identity-related crime committed in early adulthood, and not corrected or disavowed over the years, leads to a criminal conviction years later.

“But the above circumstances also show that Mr. Sefuale may not have initially fully comprehended the serious criminal nature of his acts,” according to the memo.

Another footnote says that in 2018, the individual—whose name Seufale had been unlawfully using—informed Seufale that he (Seufale) could continue to use the false social security card, on condition that Seufale pay the individual between $300 and $480 per month.

“This does not obviate Mr. Seufale’s criminal acts. But this individual, who requested payment from Mr. Seufale, had no entitlement to any money, and was — upon information and belief — never prosecuted,” the prosecutor argued.

MITIGATING FACTORS

The defense cited what it says are “numerous mitigating factors that weigh in” Seufale’s favor that the court should take in consideration at sentencing. For example, when Seufale was confronted by law enforcement, he immediately confessed to the crime. In addition, he is remorseful.

Another mitigating factor cited by the defense is that Seufale “has a stable, loving relationship and a supportive family.” And included with the memo are letters of character from his children and others supporting the defendant.

The defense also points out two other mitigating factors: Seufale has maintained a solid work history for the past twenty-five years and has been a pastor and a member of the Seventh Day Adventist Church and has demonstrated his devotion to God not only through his words but through his actions.

While the court may consider “just punishment” as part of the sentencing equation, the defense argued that this punishment need not include additional jail time saying that Seufale is now a convicted felon.

“He faces the collateral consequence of deportation. His ability to freely travel will be restricted, and he will not be able to travel to the United States to visit his adult children,” the defense further argued. “Additionally, due to the nature of his offense, he may have difficulty traveling to some other foreign countries.

The defense declared: “In other words, he has been punished, and he has felt the severe consequences of his actions.”

In conclusion the defense argued that “a sentence of time-served is sufficient, but not greater than necessary to satisfy the goals of sentencing” and that Seufale asks this court to vary downward and sentence him to time-served.

Sentencing was initially set for Aug. 16 but court records show it has been continued to next month.

The defendant is represented by federal public defender, Sharron Rancourt.