Office of the Governor of Guam

04/15/2025 | Press release | Distributed by Public on 04/15/2025 00:43

Governor Seeks Special Prosecutor to Investigate and Prosecute Illegal Procurement at Office of the Attorney General

Hagåtña, Guam - Following Governor Lou Leon Guerrero's March 2025 suit in the Superior Court of Guam seeking a declaration that she is authorized to appoint a Special Prosecutor to investigate the Office of the Attorney General's (OAG) potential criminal hiring practices, today, the Office of the Governor sent AG Moylan another request seeking his agreement to appointment of a Special Prosecutor, this time to investigate and potentially prosecute AG Moylan for procurement violations in the hiring of private attorneys, with contracts worth over $1.5 million.

Governor Leon Guerrero's request follows Freedom of Information Act (FOIA) requests to the OAG and the Department of Administration (DOA), revealing that AG Moylan may have violated Guam procurement law and various budget acts in his hiring of private attorneys to perform legal services for the OAG, including:

  • Over $1.5 million of contracts awarded without a procurement record, and possibly without a procurement of any kind.
  • Illegally awarded "sole source" contracts for "consultant" services.
  • Illegally procured attorney services.

These unlawful procurements may constitute illegal expenditures under Guam law and may subject the Attorney General to civil and criminal penalties, which he is conflicted from investigating or prosecuting himself.

"All public officials are required to comply with procurement law if they are spending even a dollar in public funds. This applies uniformly to all agencies, including the Office of the Attorney General, whether he admits it or not," said Governor Leon Guerrero. "This is the public's money, and the Attorney General has been spending it without a care in the world."

"The General Fund is not the AG's personal piggy bank. He's not allowed to just hand lucrative contracts to his buddies without so much as glancing in the general direction of the law," said Adelup Director of Communications Krystal Paco-San Agustin. "Every time we think we have seen it all, the AG comes up with more ways to violate the very law he is supposed to uphold."

Attorney General Moylan has been asked to respond to the Governor's request by April 22, 2025. Should he decline, the Governor will seek a declaratory judgment in accordance with Guam Supreme Court guidance.
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