Court dismisses racketeering but not fraud charge against 3G Tours Guam

A superior court judge drops the racketeering charges against the company, 3G Tours. And the fraud charges remain. Superior Court Judge John Terlaje grants the company, 3G Tours Guam LLC’s motion to dismiss Kian Corporations’ Racketeer Influen

March 16, 2024Updated: March 16, 2024
Super AdminBy Super Admin

A superior court judge drops the racketeering charges against the company,  3G Tours. And the fraud charges remain. 

Superior Court Judge John Terlaje grants the company, 3G Tours Guam LLC’s motion to dismiss Kian Corporations’ Racketeer Influenced and Corrupt Organizations Act claims against the company this week. RICO is a pattern of racketeering activity that breaks either state or federal crimes such as bribery, fraud, money laundering, and more.

However, he denied their motion to dismiss the fraud charge.

Kain Corporations filed their RICO and fraud allegations against 3G Tours back in March 2019.

In January 2023, Gil Taitano Yanger, Victor Anderson Torres, David Taitingfong Santos, and the rest of 3G Tours guam filed a motion to dismiss Kian Corps’ claims. 

Attorney Joshua Walsh representing Kian Corporations tells KUAM, he believes there’s evidence that 3G Tours did commit the crime, saying that the other party engaged in illegal activities in order to drag out the vessel sale and gain an advantage over Kian's business owner.

According to court documents, Kian Corp, who operates various water tours on Guam, including dive trips and dolphin watching, was planning on working with 3G Tours for the use of vessel "ocean venture", entering into an agreement with the company to charter the vessel for $2,150 per day. 

In April 2018, defendants discussed with Kian president Pejman Gouniai that 3G became interested in purchasing the vessel instead.

He offered to sell the vessel for $1,100,000 but 3G counter offered with $1,000,000.

Gouniai, on behalf of Kian, accepted the counteroffer.

He was told by the company that the $100,000 deposit was made and confirmed by an escrow agent.

However, the money was never received and was rejected by 3G's financial institution.

Gouniai was then presented with a $100,000 cashier’s check deposit by 3G tour’s then-president, Evan Montvel-cohen.

The disgraced Guam radio executive was convicted separately in the District Court of Guam in a scam involving more than a million dollars.

Gouniai says after getting payment, he waited at the bank only to find that the check was forged.

The Kian president also alleges in February 2018,  he discovered that the defendants started a website, falsely advertising they were the owners of the vessel, alleging this negatively impacted Giouniai’s business by driving customers away from from his company. 

Parties will be back in court at a later date.