Toeava sentenced to 14 years at TCF

asnap

Vincent Toeava, the main defendant in the Department of Human and Social Services food stamp scam, was sentenced this morning to 14 years in prison for the two counts of forgery that he plead guilty to.

Chief Justice Michael Kruse repeatedly expressed during sentencing that the defendant’s crime took away money meant to help economically challenged residents feed their children.

The defendant during a tearful apology had asked for a chance to help his wife take care of his two physically challenged children. Kruse said he should have thought about them before he did what he did.

The Chief Justice said that there was no mention of restitution from the defendant or his attorney, David Vargas. And he expressed concern that the feds may come down and pull the program to which the defendant pled guilty to taking $702,379 from.

In his apology, Toeava begged for forgiveness from his parents, his wife and two children, his mother-in-law and relatives, and the recipients of the American Samoa Nutrition Assistance Program.

He also said, “To my coworkers who have not been brought to justice, I forgive you and I will pray for you.”

His attorney said Toeava wished he could turn back the clock.

Vargas asked that the court follow the recommendation of the probation office and sentence his client to time served which is 18 months, and place him on probation.

But if the court imposes detention that Toeava serve a concurrent sentence and also be considered for work release so that he can pay back the money he took.

Kruse told the attorney he shouldn’t keep pinning his hopes on the sentence that the court gave to co defendant Zhang.

He said the underlying consideration in Zhang’s sentence was his willingness to testify against Toeava and he has two stores with which to pay back the lost money…or otherwise he would continue to be detained at the correctional facility.

Kruse also said that a large strata of economically challenged residents depend on ASNAP to help feed their kids.

“The picture we’re seeing with the ASNAP Office is that there are no controls,” said Kruse.

Speaking to the defense attorney he said, “Probation Office tells us your client was printing their own coupons.”

Kruse said in order for restitution to be meaningful “it has to be beyond simply good intentions and promises to do so. If not we’re not going to consider restitutionary measures.”

He observed that three quarters of a million dollars was gone.

“Where did it evaporate to? How many cars could you buy?” He added, “If there are cars, restitution could be meaningful.”

Joined at the bench by Associate Judge Faamausili Pomelo and Paepae Faiai, Kruse sentenced Toeava to seven years each for the two counts of forgery to be served consecutively.

Kruse spoke to Assistant Attorney General Laura Garvey saying, “I hope the government will not close the books and get on with life otherwise the children of the economically challenged will have a very hard time.”

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