Ambrosio Constantino and Franklin Babauta are facing charges of theft under the Guard Recruitment Assistance Program or GRAP.
Guam – Former Homeland Security Advisor Ambrosio Constantino and his co defendant in a guard recruiting program fraud case, Franklin Babauta, say they have a valid explanation as to why they should not be facing charges in federal court.
They are asking the District Court to dismiss the theft charges against them on the premise that Babauta did in fact recruit his son to enlist in the Guam guard, but processed the claim through Constantino.
Babauta says regardless of how the claim was processed, the fact remains that he still recruited a member of the community to enlist.
At the time, Babauta says he was on service orders and was advised by a full-time Guard recruiter to process the claim through another Guard member.
Lawyers for the defendants are also asking that the indictment be dismissed because a five year statute of limitations has already run out. Babauta’s son enlisted in January 2010 but the pair was not charged until May 2015.
The GRAP was created at the height of the war on terror in an effort to boost enlistment.
The program awarded up to $2,000 to guard members for every soldier they recruited into the Guard.
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