Nukuʻalofa — A Vavaʻu fraudster narrowly escaped a prison term after reimbursing victims for costly vehicle‑order deceptions.
According to the agreed summary of facts, 29‑year‑old Lepeka ʻIloa He Lotu Moala operated a Facebook‑based scheme pretending to import vehicles from Japan.
She used several agents to advertise vehicles, collect cash payments, and transfer money into her own accounts.
No cars were ever ordered.
As a result, she defrauded two complainants of a combined $88,000 through the bogus vehicle‑import scheme.
She was sentenced to 30 months’ imprisonment, fully suspended for three years in recognition of her early guilty plea.
In granting the suspension, Lord Chief Justice Bishop also took into account her strong family support and the full repayment of all money owed — compensation made only earlier this year after her family sold their land in Vavaʻu to reimburse the victims.
The first complainant, 63‑year‑old Mele Tahaafe of Pahu, paid $23,300 in June 2022 for a Toyota Dyna truck and Nissan Murano.
Moala’s agents assured her that the cars were due to arrive soon, but repeated excuses followed.
The Tahaafes later learned that the money had never been sent to Japan.
The loss forced the complainant — who had used retirement funds to make the payment — to return to work at age 63.
Her husband was also unable to return to Vavaʻu to tend to his plantation, resulting in the loss of about 800 kava plants.
The second complainant, Melefusi Fisiʻiahi of Veitongo, contacted a Facebook page run under the name Soleil Temaleti after seeing a Hilux advertised.
She paid $65,000 in instalments through Moala’s agent, intending to purchase a Hummer as a gift for her daughter’s 21st birthday.
Moala instructed her to deposit money into various accounts and even told her to tell bank staff that the funds were for a kava business if questioned.
The vehicle never arrived, and the complainant was eventually blocked from the Facebook page.
Justice Bishop said Moala had engaged in a “clear breach of trust” and premeditated deception involving large sums of money and vulnerable victims who relied on her assurances.
He noted the serious emotional and financial harm suffered by both complainants and said the Court must promote deterrence in cases involving online fraud and false vehicle‑import schemes, which have become increasingly common in Tonga.
The Court set a starting point of 20 months’ imprisonment for Count 1 and three years for Count 2, reflecting the larger amount involved and the greater seriousness of the offending. This resulted in a total starting point of four years and eight months’ imprisonment before deductions for mitigation were applied.
After reductions for remorse, early guilty plea and full restitution, the total sentence was brought down to 30 months.
Justice Bishop said he suspended the full sentence only because all money was repaid, the victims accepted the repayments, Moala was a first‑time offender, and she showed genuine remorse.
Justice Bishop warned Moala that any breach of her suspension conditions would result in immediate imprisonment.
Under the three‑year suspension order, she must not commit any offence punishable by imprisonment, report to Probation within 24 hours, complete 120 hours of community service, attend programmes run by the Salvation Army or as directed by Probation, and reside at an address approved by the Probation Office.
Justice Bishop emphasised that the fully suspended sentence was “just possible” given the unique circumstances, but should not be seen as a precedent for serious fraud cases.
