Unregistered Foreign Agents and Unlawful Access to a Computer—Aragoncillo

Cezar O. Mancao II has surrendered to the FBI on a material-witness warrant.^[1] He is a former high-ranking officer in the Philippine National Police who fled to South Florida in 2001.^[2] He is being held as a material witness to ensure that he will testify in April 27 before the grand jury in the spy case against Michael Ray Aquino and Leandro Aragoncillo.^[3]

When we last mentioned Mr. Aragoncillo in January, it was hinted that US prosecutors were attempting to charge him with plotting to overthrow the Philippines government, even though he is charged only with conspiracy, acting as an unregistered foreign agent, and unlawfully accessing a computer. It was also noted that Mr. Aragoncillo was in the midst of plea negotiations, but if Mr. Mancao is expected to testify before the grand jury against Mr. Aquino and Mr. Aragoncillo, that suggests that plea negotiations may have faltered and that a superseding indictment may be forthcoming.

Mr. Mancao is an interesting character, being implicated with Mr. Aquino in the “alleged ‘rubout’ of 11 members of a bank robbery gang [in the Philippines] more than decade ago,” as well as both being “suspects in the killing of a publicist and his driver in late 2000.^[4] What his role in the investigation of Mr. Aragoncillo and Mr. Aquino is unknown’ neither the US Attorney’s Office in New Jersey’s spokesman, nor Mr. Mancao’s attorney would comment.^[5]

To hold a person as a material witness, an affidavit must be filed attesting that the person’s testimony is material in a criminal proceeding and that it may be “impracticable” to secure that person’s presence by subpoena.^[6] If that person’s testimony can adequately be secured by deposition, and detention would be inappropriate from a “justice” standpoint, the person should not be detained.^[7] Recently, the Justice Department opened an investigation into its lawyers’ conduct in holding people as material witnesses inappropriately.

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[1] Jay Weaver, Ex-Cop Held in Foreign Spy Case, Miami Herald, Apr. 20, 2006.
[2] Id.
[3] Id.
[4] Id.
[5] Id.
[6] 18 U.S.C. § 3144.
[7] Id.