VZCZCXRO0297
PP RUEHKN
DE RUEHKN #0074 1290348
ZNR UUUUU ZZH
P R 090348Z MAY 09
FM AMEMBASSY KOLONIA
TO RUEHC/SECSTATE WASHDC PRIORITY 2289
INFO RUEHKN/AMEMBASSY KOLONIA 2654

UNCLAS KOLONIA 000074 
 
SENSITIVE 
SIPDIS 
 
STATE FOR EAP/ANP 
 
E.O. 12958: N/A 
TAGS: PGOV PREL FM
SUBJECT: FORMER FSM AMBASSADOR TO THE UNITED STATES SENTENCED TO 
JAIL 
 
REF: A) 06 KOLONIA 0083; B) 06 KOLONIA 0212; C) 06 KOLONIA 0261; D) 06 KOLONIA 
0381; E) 07 KOLONIA 0316; F) 07 KOLONIA 0408 
 
¶1. (SBU) Summary.  Former Federated States of Micronesia (FSM) 
Ambassador to the United States Jesse Marehalau was convicted of 
theft and over-obligation of government funds, charges arising 
from his long stint as the FSM Ambassador in Washington.  The 
FSM Supreme Court sentenced Marehalau to 36 months in the Yap 
State Jail, but also created a number of furlough exceptions 
that limit his jail time.  Given Marehalau's high caste rank and 
the high esteem in which he is held by Yap traditional society, 
post wonders how much time his Yapese jailers will force him to 
spend in actual confinement.  End summary. 
 
¶2. (U) Jesse Marehalau served as the first Ambassador of the FSM 
to the United States.  His tenure lasted for more than 16 years, 
from 1990 to 2006, but was tarred by scandal.  In February 2006, 
the USG revealed that over fifty FSM passports stored at the FSM 
Embassy in Washington were fraudulently sold and issued to 
Filipino nationals.  [NOTE: FSM passport security is vital to 
the USG since FSM citizens may freely travel, live, and work in 
the United States without visas.  End note.]  The following 
month, then FSM Attorney General Marstella Jack began an 
internal investigation of the FSM Embassy's operations in 
Washington. 
 
¶3. (U) In April 2006, AG Jack revealed that a Filipino national 
working in the FSM Embassy as the clerk/chauffeur/accountant, 
Enrico Calderon, colluded with Marehalau to sell valid FSM 
passports and issue them to mala fide applicants.  AG Jack 
alleged that other charges also were possible, including the 
misuse of Embassy funds.  On October 1, 2006, the national 
government relieved Marehalau of his position as Ambassador. 
 
¶4. (U) In May 2007, the FSM Department of Justice filed criminal 
charges against Ambassador Marehalau, citing eight alleged 
violations.  The FSM Department of Justice omitted any charges 
relating to Calderon's passport selling operation; the lead 
prosecutor confided to POL/MIL Assistant that the government 
lacked sufficient evidence to link Marehalau to the passports. 
[NOTE: In the spring of 2007, Calderon pled guilty to human 
smuggling in the New Jersey Federal District Court and was 
sentenced to 26 months in prison.  End note.]  The case finally 
went to trial in the FSM Supreme Court in April this year.  On 
April 24, the Court found Marehalau guilty on two counts: theft 
and over-obligation of government funds.   On May 1, FSM Supreme 
Court Justice Dennis Yamase sentenced Marehalau to 36 months 
imprisonment in the Yap State Jail. 
 
¶5. (U) However, Justice Yamase's order also offers Marehalau a 
number of ways to reduce the time spent in actual confinement. 
Every weekday Marehalau may leave the jail at 9:00 a.m. "to 
attend community service matters" and provide "assistance to the 
Council of Tamol," a traditional Yap leadership council.  (The 
order states he must be back at the jail by 5:00 p.m.)  Every 
Sunday from 10:00 a.m. to 9:00 p.m. Marehalau may "attend church 
and attend to church matters."  If offered a paying job in the 
future Marehalau may request work release.  Finally, he may seek 
local medical attention "at any time the need arises." 
 
¶6. (SBU) COMMENT: The FSM National Government lacks any 
correctional facilities of its own; federal prisoners serve 
their time in the state jails.  Therefore, Justice Yamase had 
little choice but to send him to the Yap State Jail.  However, 
the loopholes in Yamase's order guarantee that Marehalau will 
spend a minimum of 51 hours outside the jail every week.  Post 
suspects that the former Ambassador will have little trouble in 
securing a "paying job" that will decrease his jail time even 
further.  The need for "local medical attention" will probably 
crop up fairly often as well. 
 
¶7. (SBU) Then there is the attitude of the Yapese themselves. 
Yap State Government Civic and Public Affairs Official Larry 
Raigetal told POL/MIL Assistant that it will be very hard for 
local corrections personnel to assert themselves before such a 
prominent person.  Not only is Marehalau a former Ambassador, he 
is also a member of the highest clan in Yap's caste system.  In 
Yap society, leaders are born, not made.  Marehalau was born 
into a leadership clan, inheriting a very high traditional 
title.  Yapese officials will find it difficult to refuse any 
request the erstwhile prisoner may make.  A future scenario 
where Marehalau spends all of his time outside of jail is not 
beyond the realm of possibility. 
 
¶8. (SBU) Perhaps post's musings may prove to be too cynical. 
Raigetal also told POL/MIL Assistant that it is about time folks 
who are in such high positions realize that no one is above the 
law.  Post can only hope that this more modern attitude prevails 
in Marehalau's case.  END COMMENT. 
 
HUGHESMK