Thursday, November 17, 2016

IN THE NEWS: "COURT UNABLE TO SERVE APURON"



John O'Connor, Guam Daily Post, Nov. 17, 2016

20 comments:

  1. Isn't it kinda weird how the church employs brother tony and allows him to maintain the title of archbishop all these months but has no clue where he's at. Anywhere else they would consider him as being AWOL. Does the archdiocese still pay his salary? Cause if they do then they must know where he is.

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    1. Maybe the priests are paid via direct deposit-that might explain why the chancery doesn't know Apuron's whereabouts and yet still pays him.

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    2. Rose de los Reyes (Seattle, WA)November 18, 2016 at 12:19 AM

      The direct deposit can be stopped by the depositor and replaced with a paper check. That new arrangement may force Abp Apuron to come out of hiding to pick-up his paycheck at the Chancery.

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    3. apuron could still have his paper check mailed to some address to be picked up and deposited by one of his minions.
      The bottom line is this: The Church knows where he is but simply does not want to tell.

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    4. I'm sure Abp Apuron has other income streams so stopping his direct deposit checks would not force him out into the open.

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  2. What is Plan C, the Last Resort…

    Let’s say brother tony has been slippery enough to avoid answering the door (like last Halloween, 5 cars in driveway, all warm to touch, yet NO house/security lights are on, and storm doors are locked from inside) when the process server comes, and he has not been at work.

    Further, maybe brother tony no longer gets dressed for work and he has abandoned ALL his Guam personal residences (all exterior doors removed, all glass doors and windows are broken, an old and weathered sign indicating “invitation to joy” leans against the house, Bonnie dogs seen joyfully running in and out of the place.

    And after ALL the Certified Mail sent to ALL the Bars and Hotels/Motels found listed in his black book, has been returned with no forwarding address. What will happen If the process server is still unable to locate and serve brother tony after several tries through Plan A and Plan B…

    What then?????
    Could Attorney Lujan, serve papers on the Vatican as the “employer” of the IMMORAL brother tony…

    Maybe…
    The ncw would assist in locating THEIR brother tony; they seem to know all the pedophiles…

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    1. Rose de los Reyes (Seattle, WA)November 18, 2016 at 12:25 AM

      Service by publication meaning, the summons and complaint be published in a newspaper or a circular, is also another form of service. The article above says Mr. Lujan will file a motion with the court to effect service by publication. I'm certain this motion will be granted. Abp Apuron doesn't have to be served personally in order for the lawsuit to go forward.

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  3. Now, I understand why the sign went up. Effectively, the sign says that the Chancery/Archdiocese of Agana has nothing to do, and will have nothing to do, with apuron. (They even claim they do not know where he is; and probably do not want to know, I might add). Serves him right, I say.

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    1. Unless we are still paying his salary then Dominic Kim should know. Has anybody asked Dominic if he knows his whereabouts. At least pressure him to answer or lie.

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    2. He most likely gets automatic deposit to his bank account. So Kim, does not have to know where he is at.
      There has been rumors about him having been at his ex-lover in SF, but the wife grew tired of it.
      Then there is the house in Vegas, but it is under the name of the sister.
      Beside that, he could be hiding in a multitude of NCW safe houses and properties. If that is the case, they have to keep him bottled up. Knowing Tony, being cooped up is not his style, he likes to go out a lot.
      The best bet is that the Chamorro and the Phillipino Diaspora keep their eyes and their hears open, and notify Lujan's office if he is sighted.

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  4. For a supposedly "innocent" person, apuron is obviously "on the lam." When can he be considered a fugitive from justice, with all those hiding him becoming guilty of harboring a fugitive?

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  5. Wouldn't Jackie, the trained lawyer know?

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    1. Mary Lou Garcia-PeredaNovember 17, 2016 at 7:57 PM

      For sure, for sure, Anonymous at 6:04 PM … and the trained liar — I mean lawyer — will cite attorney-client privilege to withhold information on his whereabouts.

      As observed by Anonymous at 5:46 PM, For a supposedly "innocent" person, Apuron is obviously "on the lam."

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  6. if apuron doesn't answer a summons to appear in court, would that then make him a fugitive? dang, imagine the international media reporting that an archbishop is on the run and being chased by bounty hunters. i'd make sure that they always say "neocatechumenal way" in all the reports, too.

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    1. No, being a “fugitive” refers to avoiding a criminal prosecution. As has been explained many times on this blog by Tim and others, the time to prosecute Abp. Apuron criminally has long since expired (unless he commits a new crime).

      The U.S. Constitution bars extending a criminal statute of limitations after the original period has lapsed.

      As to service of the current civil summons, that is explained in the article -- service “by publication.” What that means is that if, after diligent effort, a defendant cannot be found, the plaintiff may serve a copy of the summons by causing a copy to be published in a newspaper, such as the PDN.

      Service by publication gives an absent defendant “constructive notice” of the summons, and allows the lawsuit to proceed as if he had been personally served. This situation of absent defendants happens all the time.

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    2. yes, i understand that apuron can't be charged for those crimes. but does this mean that in the civil lawsuits, he can't be compelled to appear in court? wasn't that one of the goals of the lawsuits: to make him face his victims and answer to what he did?

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    3. If a defendant doesn’t show up in a civil lawsuit, a “default judgment” can be entered in favor of the plaintiff(s).

      In other words, the defendant loses. The next steps would include executing on that judgment and selling off the defendant’s assets to pay for it.

      So, no, a defendant cannot be compelled to appear. But ignoring a civil lawsuit is very foolhardy if you have any assets or income whatsoever, or have even the potential of having these for the rest of your life.

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    4. for; CNMI Lawyer November 18, 2016 at 6:35 AM

      Is there a law that assists/prevents apuron from HIDING personal assets, like giving/transferring money/property to family/friends, wherein his NAME is REMOVED from record of OWNERSHIP...

      https://www.guamtax.com/frontpagenotices/DRTRealProptertyTax2015.pdf

      http://bloximages.newyork1.vip.townnews.com/postguam.com/content/tncms/assets/v3/editorial/b/1d/b1dc2c8c-ef23-11e5-a328-47db2b54e5f8/56ef83a3d774a.pdf.pdf

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    5. Yes, “fraudulent transfers,” done for the purpose of hiding assets, can be undone by a court.

      Indicia of a fraudulent transfer include inadequate consideration (“selling” the asset for much less than its true value, or giving it away) and the existence of known current or potential financial obligations (such as possible or pending child abuse litigation claims).

      The transferee (recipient) of the assets could be considered a “nominee” (owner in name only) for the true owner trying to hide assets, also known as a “straw purchaser” or “straw man” because the apparent ownership is fake.

      Things can get more complicated if a nominee thereafter sells the asset for good and valuable consideration to a bona fide purchaser with no knowledge of the earlier fraudulent conveyance.

      But suffice it to say, attorneys and courts have experience in dealing with such schemes and recovering the proceeds (money).

      These sorts of issues usually do not come up in depth until liability has been established and there is a monetary judgment against a defendant. However, in the case of money laundering or RICO actions, sometimes there can be a pretrial sequestration of assets.

      Also, for real property in the name of a defendant (or nominee?) the plaintiff’s counsel can file a lis pendens, notifying potential purchasers of the pending claims against the owner and, thus, the property itself.

      If you have personal knowledge or information about fraudulent transfers by Archbishop Apuron, and you desire to help the abuse survivors represented by Attorney David Lujan, you may want to notify him directly rather than posting further information on this public forum.

      The information contained in all my blog comments is for general informational purposes only and is not intended to provide legal advice to any individual or entity. These comments are not intended to create, and the reading of them does not constitute, an attorney-client relationship.

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  7. Apuron will probably end up murdered. Just like that disappearing Polish pedophile-archbishop Wesolowski, the Dominican Republic's ex-Nuncio. He was conveniently disposed of mere hours before his Vatican City criminal trial was scheduled to start, so no other episcopal perverts were officially exposed.

    Following a scandalously fast autopsy by a Vatican Insider-medical examiner, his demise was laughably chalked up to "natural causes". Allegedly, heart failure. Case closed.

    The worst part of that was deceitful Pope Francis allowing Wesolowski a Vatican funeral Mass with full episcopal honors, then shipping his filthy carcass back to Poland for burial in an undisclosed location. Yet another brutal kick in the teeth from Rome to suffering victims of clergy sexual abuse.

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