The Office of the Governor sent Attorney General Doug Moylan another request seeking his agreement to an appointment of a special prosecutor to investigate and potentially prosecute 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 requests to the OAG and the Department of Administration, 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.

The unlawful procurements include illegally awarded “sole source” contracts for “consultant” services and illegally procured attorney services.

These 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.

AG Moylan responded, saying, 

Keep crying wolf, and no one will believe you anymore.  The Gov’s. FOIA requests and threatening letters seek to distract from ongoing criminal investigations upon this Governor’s administration. 

The complained about procurements seek to fire prosecutors and attorneys that protect us against criminals and corrupt govt. officials.  For over a decade budget law authorizations since as far back as 2014 with Generals Barrett-Anderson, Camacho, and carried on by myself allowed AG’s Offices to hire prosecutors and attorneys to supplement their staff to protect and to do critical legal work for us at the People's law firm. Again, like in the last set of allegations, the Gov's. own Dept. of Admin. has been part of this procurement process.

The Courts should justly reject political manipulation at taxpayer expense intended to stop legitimate investigations and prosecutions by the elected Public Auditor and the AG’s Office.  This Gov. has a conflict of interest in again trying to fire my prosecutors using baseless procurement allegations.  

Democratically-elected AGs act upon their legal opinions of budget laws, as was the case herein, and AG legal opinions trump the opinions of the Gov's. private atty. 

Additionally, Leon Guerrero wrote to Public Auditor Benjamin Cruz, formally requesting a financial audit of the Attorney General and his office. 

The Governor noted that, in the past, the Public Auditor had expressed reluctance to audit AG Moylan out of concern that such audits might negatively impact their relationship. 

On other occasions, the Public Auditor has also indicated that audits of the OAG were not a priority because the Public Auditor did not believe enough money was at issue or significantly impacted the community. 

Recently, the Public Auditor has also said he believes an OPA audit of the OAG would be “redundant” of the Governor’s recent civil action seeking a special assistant attorney general or a special prosecutor to investigate AG Moylan’s illegal hiring practices before the Superior Court of Guam. 

In her letter, the Governor made clear that the Public Auditor’s chief responsibility is not to pander to the Attorney General but to protect the people of Guam. 

“The Public Auditor should not let his fear of reprisal from the Attorney General compromise his independence and objectivity as an auditor,” said Leon Guerrero. “This Attorney General has abused his access to public funds for years, both through unlawful hiring and promotion practices and illegal procurements. Meanwhile, the Public Auditor, whose job is to audit questionable expenditures of public funds, chooses to sit on his hands for fear of an audit affecting his relations with the AG.”