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By Gaynor Dumat-ol Daleno

HAGÅTÑA, Guam (Pacific Daily News, Mar. 23) - Former Guam Governor Carl Gutierrez and former Government of Guam Retirement Fund Director John Rios are scheduled to stand trial on June 20 over alleged fraud involving the territory’s retirement fund.

Gutierrez and Rios are accused of conspiring to alter the former governor’s Retirement Fund membership status, which allowed the governor to collect a larger retirement check than he was legally entitled to, according to their indictment.

The case’s prosecutor, William Bischoff, said Superior Court of Guam Judge Pro-tem Richard Benson set the trial date at a hearing yesterday.

Gutierrez’s attorney had argued that the case should be dismissed, partly because it was not presented to the grand jury by the prosecuting attorney. At the time Bischoff presented the matter to the grand jury, he was not authorized to prosecute an offense on behalf of the territory, the defense motion stated.

The government argued the motion was filed late, and when Bischoff presented the case to the grand jury, he’d been sworn in by Attorney General Douglas Moylan and authorized to act as an assistant attorney general at the time of his grand jury appearances in the case.

Gutierrez was acquitted last year in a case that alleged government resources and personnel were used to build, maintain and upgrade his Urunao ranch in Dededo.

March 24, 2005

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