THE U.S. government has asked the federal court for an order to authorize the release of former Kaipat estate administrator Luis Pelisamen’s vehicle so that Joeten Motors may repossess the vehicle and recover the remaining debts owed on the vehicle.
Assistant U.S. Attorney Kirk W. Schuler filed his motion last week “so that the government may retain a forfeiture interest in any monetary amount that is due to the defendant after the repossession of the vehicle is complete.”
Schuler said the U.S. government seized Pelisamen’s vehicle, a 2005 red Nissan Frontier at the initiation of criminal proceedings against the defendant.
The court granted Pelisamen’s request to order the U.S. government to release the vehicle back to him, subject to the condition that he or another person pledge or otherwise provide substitute property of a value of at least $30,000.
Schuler said Pelisamen never met the court’s condition and the vehicle has remained in the possession of the U.S. government which has paid for the safe storage of the vehicle ever since.
Schuler said Joeten Motors attempted to repossess Pelisamen’s vehicle after the U.S. government had already seized it.
As a result, Joeten Motors was unable to sell the vehicle to recover the amount due.
Schuler said at this point, the federal government intends to release the vehicle so that Joeten Motors can complete the repossession of Pelisamen’s vehicle.
But to do so, Joeten Motors must pay the U.S. Marshals Service for the storage fees incurred to store the vehicle.
“It is the government’s intent that any money owed to the defendant after the repossession of his vehicle be forfeited as substitute property and be used to pay for any restitution ordered at the defendant’s sentencing on Sept. 29,” Schuler said.
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