The Office of the President is aware of public announcements by Mr. Lucas Cupps, regarding the opening of a formal criminal investigation involving President Wesley W. Simina and Secretary of Finance and Administration Rose N. Nakanaga.
The President and the Secretary have acted lawfully and in good faith, consistent with the FSM Constitution, applicable laws, and their sworn duties to ensure the lawful, transparent, and accountable management of public funds.
Congress appropriated $250,000 for the operation of the Office of the Independent Prosecutor (OIP), which was submitted to Congress by the President to operationalize and set up the office. Those funds have been fully allotted making them legally available for use.
However, the manner in which Mr. Cupps – who has yet to take his oath of office in the Federated States of Micronesia before an official of the Government of the Federated States of Micronesia, witnessed by the people of the Federated States of Micronesia—has demanded that the full appropriated amount be transferred directly into one of his two personal bank accounts, while refusing to submit any standard supporting documentation. Doing so would violate the Financial Management Act and the Financial Management Regulations, which apply to all branches of government, including constitutionally independent offices.
The enabling legislation for the OIP, specifically necessitates “compliance with the laws of this nation, including but not limited to title 11 of this Code, title 52 of this Code, and title 55 of this Code.”
The Executive branch has provided Mr. Cupps all the necessary forms to enable him to legally access the OIP funding, and has offered multiple times to assist Mr. Cupps with these processes due to him remaining abroad and having no staff on the ground, which he has consistently rejected.
The Executive Branch has acted in good faith to reconcile two equally important obligations: respecting the constitutional independence of the Office of the Independent Prosecutor, while complying with laws governing the custody, obligation, and disbursement of public funds.
The Office of the President had no intention of issuing a public statement on this matter; however, Mr. Cupps’ decision to place these issues in the court of public opinion has compelled a response. Given the importance and constitutional stature of the Office of the Independent Prosecutor—particularly as a newly established institution—it is regrettable that these pending legal and administrative questions have entered the public arena before being addressed through the established legal and constitutional processes designed to resolve them.
The President and the Secretary respect the role of the Office of the Independent Prosecutor and reaffirm their commitment to the rule of law. As has been stated publicly, no one is above the law—including the Office of the Independent Prosecutor. This principle applies equally to all constitutional offices and all public officials.
President Simina and Secretary Nakanaga will cooperate fully with any lawful process and are confident that the facts will demonstrate that their actions were lawful, responsible, and undertaken in fulfillment of their constitutional and statutory duties. The Administration looks forward to these matters being appropriately resolved, so that the Office of the Independent Prosecutor can operate as intended and carry out its important mandate.
Government operations remain stable, and the President remains fully focused on serving the people of the Federated States of Micronesia.
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