By Theresa Merto

HAGATNA, Guam (Pacific Daily News, July 3) - A Superior Court of Guam grand jury has again handed down an indictment against the former Guam Contractors Licensing Board chairman.

For the second time in five weeks, Agusto F. Cruz of Ipan, Talofofo, faces a charge of forgery as a third-degree felony for allegedly entering into a building contract without a contractor's license.

Cruz, 59, has been summoned to appear in court July 30 to answer the charge before Superior Court Presiding Judge Alberto Lamorena, according to Attorney General Douglas Moylan.

Between Jan. 1, 2002, and March 1, 2002, Cruz allegedly entered into a $65,000 contract to renovate, extend and replace a tin roof at the Ordot home of Frances C. Torres, Noreen C. Torres and Jennifer Torres, the indictment said.

"It was charged as a forgery because he held himself out as a valid building contractor but he didn't have a contractor's license at the time. He portrayed himself as a contractor and gave a purportedly legitimate contract," Moylan said. "And from what I understand, the victims in the case have already paid $25,000 but little work was performed."

Guam law requires that contractors have a contractor's license in order to build.

Cruz was indicted May 29 on charges of forgery and two counts of official misconduct, according to Pacific Daily News files. He pleaded innocent to those charges June 11 and was released on a $50,000 unsecured personal recognizance bond.

On Jan. 31, 2002, Cruz allegedly entered into a contract worth $120,000 to build a home in Yigo and at the time he did not have a contractor's license. In October last year, Cruz also applied for a license with the licensing board's registrar's office and allegedly used his position to get around the application process.

"At this point we are treating the cases as separate because we filed them separately," Moylan said. "But we may move to consolidate them."

Cruz was appointed to the board position during former Gov. Carl Gutierrez's administration. His term expired May 10 and he was asked to step down after the indictment.

"The governor has not appointed someone to fill that position yet; however, the Guam Licensing Board has a quorum," said John Dela Rosa, spokesman for Gov. Felix Camacho.

"There is a list of candidates before (Camacho) for his consideration. Once he appoints someone to the position, it will be announced."

Other people who have entered into contracts with Cruz or worked with him are urged to contact the AG's office, Moylan said. His office received complaints following the first indictment and is currently reviewing them.

July 3, 2003

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