The Office of the Public Auditor in the Northern Marianas says the former governor Benigno Fitial has not returned to the territory despite having a penal summons issued against him.
Mr Fitial left the CNMI after resigning as governor in February, shortly before the Superior Court ordered him to appear on the first Monday after receiving the penal summons.
He has still not been found to have the summons served.
The Special Prosecutor for the OPA, George Hasselback, says there is a chance he will never return to the CNMI.
"Our penal summons that we currently have is with the authorities at Saipan International Airport and so if former governor Fitial ever does return to the CNMI he should be served that document upon his arrival."
George Hasselback says there are other means of getting Mr Fitial to appear in court, but has declined to detail them or to confirm whether his office is pursuing them.