A federal appeals court Tuesday overturned the nine-year sentence and most of the criminal convictions of former Guam Gov. Ricardo Bordallo, who allegedly exchanged political favors for payoffs. In a 3-0 decision, the 9th U.S. Circuit Court of Appeals said four bribery-related convictions had to be reversed because the federal crime of bribery applies only to state officials and Guam is a territory, not a state. The court also reversed four extortion-related convictions because the jury was not told that it must find Bordallo demanded or otherwise induced the payoffs, totaling $79,600 in cash. The court ruled recently in another Guam case that extortion does not cover payments that an official accepted without either a request or an understanding that the donor would get benefits in exchange. The ruling, if it stands, would entitle Bordallo to a retrial on those charges. The court upheld Bordallo's two other convictions: tampering with a witness, for asking a supporter to lie to the grand jury, and a related charge of conspiracy to obstruct justice. But according to Bordallo's lawyer, the entire nine-year prison sentence was for the extortion convictions. He was given suspended sentences on the other charges. Bordallo, a Democrat elected in 1982, was indicted a few days before the 1986 Democratic primary. He won the primary but was defeated in November 1986 by Republican Joseph Ada. He has been free on bail during his appeal. Prosecutors said Bordallo approved government contracts and permits for various firms in exchange for payments, mostly delivered to him in unmarked envelopes. The money was described by the donors as campaign contributions or gifts, but never was reported by Bordallo in his campaign statements, authorities said. He also was accused of approving a $103,000 government contract for a company that agreed to hire his campaign manager.
