Court dismisses indictment against ex-Guam Guard major

FORMER MAJOR: Former Guam National Guard Maj. Ambrosio Constantino Jr. spoke with The Guam Daily Post after his hearing on Oct. 23, 2018, in the District Court of Guam. Post file photo

The federal indictment against former Guam National Guard Maj. Ambrosio Constantino Jr. has been dismissed.

District Court of Guam Chief Judge Frances Tydingco-Gatewood states in her order of dismissal issued on Friday that the court finds good cause to dismiss the indictment.

The U.S. Attorney’s Office made the request after finding that Constantino had satisfactorily completed all conditions in the pretrial diversion agreement. Prosecutors agreed to dismiss the case once the conditions had been met.

Constantino was indicted in 2015 on charges of theft of government property and aggravated identity theft stemming from his alleged illegal recruitment efforts to sign up individuals for the Guam National Guard. He was convicted but filed an appeal. On Sept. 21, 2018, the 9th Circuit Court of Appeals lifted the judgment and two-year prison sentence against him.

The appellate court found the District Court of Guam had made a mistake in rejecting the pretrial diversion agreement for Constantino.

The case hinged on Constantino's participation in the Guard Recruiting Assistance Program, which provided a financial incentive for soldiers who recruited new members.

More than 100,000 recruiters were investigated nationally by the U.S. Army after issues of fraud were raised. Hundreds of them, including Constantino, were indicted.

Constantino said the way those investigations were conducted, with a reliance on past memory, was "wrong." He called it a "program issue," according to Post files.

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