The prosecution, however, is opposing that motion and wants to keep the case on Guam.
Guam – Federal prosecutors are fighting to keep an alleged credit card schemer on Guam as he moves to transfer his case to California for “convenience” sake. The defendant, Yunkai Lu, allegedly tried to use over 100 counterfeit credit cars on Guam to buy luxury items that would be sold on the black market.
Lu arrived in Guam on Sept. 14 from California which is when authorities say they discovered 118 counterfeit credit cards wrapped in aluminum foil and concealed inside of cigarette boxes. These credit cards, apparently stolen through ID theft, were supposed to be split among two people and used to purchase luxury items on Guam. The items would then be shipped to California and sold on the black market.
Lu, who is a resident of California is motioning to transfer his case to California, where his attorney argues is where most of the witnesses in the case are located. The defense is also arguing that keeping the case on Guam and holding trial here would be prejudicial to Lu and an inconvenience.
But the U.S. Attorney’s Office is objecting to Lu’s motion, noting that most of the witnesses are actually located in Guam. They include customs officers, special agents, forensic examiners, task force officers and others.
In addition, the prosecution points out that although the crime may have started in California, it ended here and was intended to be committed on Guam.
“Defendant argues that the discovery documents indicate that the events that will be discussed in this case occurred in several locations in the continental United States. The charges in this case, however, center on the possession of the counterfeit access devices in Guam,” court papers note.
Court papers further state that the Lu and his co-defendants Ziwen Weng and Daoqin Liu “specifically traveled to Guam—targeting duty free businesses in Guam in order to use the counterfeit credit cards to commit the acts.”
The prosecution added that because the defendants asserted their rights to a speedy trial, transferring the venue to California could delay trial which has been scheduled for December 7th.