Certified question to settle legality of law creating MUSD

06/25/2025—Superior Court Associate Judge Kenneth Govendo has granted the stipulation to enter preliminary injunction between the Office of Attorney General and Tinian Casino Gaming Control Commission and Tinian Municipal Treasurer as well as stayed the injunction against Marianas Rai Corp.

Last May 30, Attorney General Edward Manibusan filed a complaint for temporary and permanent injunction and declaration that Tinian Local Law 24-03, which created the Tinian Stable Token or Marianas USD, is unconstitutional. 

In an order issued last June 24, Govendo granted the agreement between the OAG and TCGCC and the Tinian Municipal Treasurer that would pave the way for the submission of certified questions to the NMI Supreme Court regarding the legality of TLL 24-03.

Under the stipulation, TGCC and Tinian Municipal Treasurer are prohibited from accepting applications for internet gaming licenses, granting any internet gaming licenses, and implementing or continuing to implement section (d) of TLL 24-03.

That section provides for the establishment of geolocation and age verification system/software and the utilization of a digital payment method.

Under the agreement, TGCC and Tinian Municipal Treasurer are further prohibited from issuing, managing, or redeeming any Tinian Stable Token and shall within 30 days of this order return any current Tinian Stable Token or MUSD back to the original producer in exchange for the money that was used to purchase the Tinian Stable Token or MUSD.

Moreover, the Tinian Municipal Treasurer is also prevented from opening or establishing a “Tinian Stable Token Reserve Account” or “TSTRA” and if such an account has already been opened or established, it is ordered to not make any further deposits or withdrawals. 

Further under the stipulation, if the account has been opened and any Tinian Stable Token or MUSD has been created, the Tinian Municipal Treasurer shall issue monthly reports as required by § 103(b) of TLL 24-03 and will provide such reports to the PAG until further order of this court.

Also under the agreement, TGCC and Tinian Municipal Treasurer intend that Tinian Mayor Edwin Aldan and Manibusan will file a petition pursuant to NMI Supreme Court Rule 14 to certify a legal question relating to the constitutionality of TLL 24-03.

“This preliminary injunction shall continue until full resolution of the case or until further order by this court. The CQ parties (TGCC and Tinian Municipal Treasurer) are required to notify this court when the certified question is resolved and provide the court with any order or opinion resolving the certified question. If the NMI Supreme Court rejects the petition for certified question, the CQ parties shall inform this court within 14 days of such rejection,” wrote Govendo in his order. 

He added that “the case is hereby stayed and the time for defendants to respond to the complaint is tolled.”

Govendo further wrote that the Superior Court will hold a status conference after the notification of the resolution of the certified question has been provided wherein the court and the parties will discuss how to proceed.

Report by Mark Rabago