District of Hawaii

HONOLULU – United States Attorney Clare E. Connors announced that Robert Francis Dumaran, 47, of Kahului, Maui, pleaded guilty in federal court yesterday to possessing explosive powders as a convicted felon and possessing an unregistered destructive device. Dumaran’s sentencing is set for February 2, 2025, before United States District Judge Jill A. Otake.

According to court documents and information presented in court, Dumaran admitted he attempted to detonate a homemade firework at the intersection of Lono Avenue and Hina Avenue on Maui, Hawaii, during either the late evening of July 22, 2024, or the early morning of July 23, 2024. Dumaran’s homemade firework contained black powder (gunpowder) and flash powder. As a convicted felon, Dumaran was prohibited from possessing explosives. The Maui Police Department (“MPD”) discovered and rendered safe Dumaran’s homemade firework in the morning of July 23, as reported in a prior press release.

The Federal Bureau of Investigation (“FBI”) later searched Dumaran’s residence and discovered an improvised hand grenade. Dumaran admitted he crafted and possessed that grenade for use as a defensive weapon capable of causing destruction and death.

Dumaran is not charged in connection with improvised explosive devices recovered on August 7, 2024, in Kula, Maui or the August 8, 2024 explosion in Pukalani, Maui.

The case was investigated by the FBI and MPD. Assistant U.S. Attorneys Jonathan D. Slack and Wayne A. Myers are prosecuting the case.

HONOLULU – Mark Kazee, 60, of Hawaii, pleaded guilty today to violating the Atomic Energy Act by transferring equipment containing Nuclear Regulatory Commission (NRC)-regulated radioactive material from a company he was employed by, which held an NRC required license for the material, to another company without making a record of such transfer as required. Kazee was part owner of the second company, which did not have a license from the NRC.

According to court documents, Kazee worked in the materials and equipment testing industry for over 30 years, serving both as an inspector and as a supervisor of inspectors who used industrial radiography. Industrial radiography is the process of using a radiation source and a specialized camera to examine materials below the surface to check for flaws. Industrial radiography can emit Xrays, gamma rays and neutrons. Kazee worked for the first company starting in 2016 as its regional manager in Hawaii. Kazee’s employer had contracts to conduct testing with various companies in Hawaii, including petroleum refineries.

In September 2018, Kazee and another person created their own company to conduct the same type of testing as Kazee’s employer. Kazee’s company did not have the required license from the NRC to conduct industrial radiography. Soon after Kazee’s employer’s contract with a major refinery on Oahu expired in January 2019, Kazee’s new company began conducting inspections at the refinery, including industrial radiography, using his old employer’s equipment. The equipment contained Iridium-192 and depleted uranium radioactive source material. Although Kazee knew he was required to create and maintain a record for his employer for any transfer of the radiography equipment to any other company or individual who was not his employer, he did not.

“Kazee knew what had to be done to comply with the regulations that protect the public from potential harms arising from the use of radioactive materials, but consciously chose not to follow them,” said U.S. Attorney Clare E. Connors for the District of Hawaii. “His failures appropriately have criminal consequences and we will continue to pursue such to protect the community.”

“Radiography is an impressive technology, and when it is used with proper safeguards, it increases safety and improves lives,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “The Justice Department will vigorously prosecute those like Kazee who would circumvent legal requirements for transfer of radioactive materials and treat radiation safety and security as an afterthought.”

“It is crucial that those who use radioactive material for commercial purposes follow the rules to protect the user and the public,” said Director Thomas Ashley of the NRC’s Office of Investigations. “The NRC does not tolerate willful violations of its requirements and demands that licensees and their employees act with integrity and abide by requirements put in place to ensure they’re used safely.”

Kazee is scheduled to be sentenced on January 13 before U.S. District Court Judge J. Michael Seabright for the District of Hawaii. Kazee faces a maximum penalty of two years in prison. Judge Seabright will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

The NRC’s Office of Investigations investigated the case.

Assistant U.S. Attorney Gregg Paris Yates for the District of Hawaii and Senior Trial Attorney Kris Dighe of the Environment and Natural Resources Division’s Environmental Crimes Section are prosecuting the case. 

HONOLULU – United States Attorney Clare E. Connors announced that Stephen Timothy Wells, 41, pleaded guilty today in federal court to executing a scheme to defraud health care benefit programs through the submission of false billings. Sentencing is scheduled for January 29, 2025, before U.S. District Judge Jill A. Otake.

According to court documents and information presented in court, Wells was the owner and operator of Oahu Spine and Rehab (“OSR”), a physical therapy clinic with locations in Kailua and Aiea. From July 2013 through early 2020, Wells submitted false claims for payment for physical therapy services to TRICARE, the health care program for United States military service members and their families, and Medicare. Wells admitted he directed OSR to submit claims to these health care benefit programs using the unique provider numbers of doctors, nurses, and physical therapists, thereby falsely stating that they had personally  provided the physical therapy services to patients, when in fact, the services were provided by Wells’s unlicensed staff members. These unlicensed staff members included massage therapists, athletic and personal trainers, and one individual who had no professional certifications whatsoever.

As part of the Plea Agreement, Wells stipulated that his scheme caused a loss of between $250,000 and $550,000 and agreed to pay total restitution in the amount of $392,157.20, with half to be paid before sentencing. The United States and Wells agreed that Wells should be sentenced to a term of between probation and two years in prison.

The case was jointly investigated by the Defense Criminal Investigative Service, the Office of Inspector General of the Department of Health and Human Services, and the U.S. Department of Veteran Affairs, Office of Inspector General.  The case was prosecuted by Assistant United States Attorney Mohammad Khatib.

HONOLULU – United States Attorney Clare E. Connors announced that Andre Fulton, II, 30, of Georgia, was sentenced today by U.S. District Judge Jill A. Otake to three months in prison followed by three years of supervised release for theft of government money. Fulton was also ordered to pay $202,309.27 in restitution and a $100 fine.

According to information provided to the court, in January 2018, the defendant, while stationed at Fort Hood, Texas, entered a fraudulent marriage. Thereafter, his co-conspirator filed an application for a change in immigration status, based on her fraudulent marriage to the defendant. The defendant admitted in his plea agreement he knew the purpose of the fraudulent marriage was to permit his co-conspirator, who was not a United States citizen, to evade the immigration laws of the United States and remain in the United States illegally. The defendant further admitted that the marriage was fraudulent because, among other things, the defendant and his co-conspirator were not romantically involved, never lived together, did not intend to establish a life together, and married only for the purpose of using the marriage ceremony to facilitate their fraudulent scheme. The defendant received several thousand dollars as payment to enter the fraudulent marriage.

In May 2019, the Army transferred the defendant to Fort Shafter, Hawaii. His co-conspirator and her minor daughter remained on the mainland. The defendant admitted that in August and September 2019, he submitted paperwork claiming, falsely, that his co-conspirator and her minor daughter were living with the defendant, in Hawaii, as his dependents. If they were truly his dependents, the defendant would have been entitled to additional money for housing allowances, medical coverage, and cost of living allowances.

As a result of the defendant’s deceit, a non-citizen was able to maintain her status in the United States and the government paid out at least $202,039.27 (Housing Allowances - $166,071.35; Medical Expenses - $30,214.40; and Cost of Living Adjustment - $5,753.52) in unauthorized benefits.

“While the United States appropriately confers significant benefits upon our military personnel for their service, it does so with the understanding that such benefits will be not exploited or misused,” said U.S. Attorney Clare E. Connors. “Here, defendant Fulton exploited his position with the United States military to violate our immigration laws and defraud the government. We will hold those who abuse our laws and privileges accountable under the law.”

“The successful prosecution of this case highlights the Department of the Army Criminal Investigation Division’s unwavering commitment to upholding the integrity of our military and ensuring those who violate the public’s trust are held accountable,” said Special Agent-in-Charge Ruben R. Santiago, Department of the Army Criminal Investigation Division’s Pacific Field Office. “Engaging in fraudulent activities erodes confidence in our institutions and diverts funds and resources that should be dedicated to our nation’s defense.”

“HSI is committed to safeguarding the nation through protecting the integrity of our country’s immigration system,” said HSI’s Acting Special Agent in Charge Lucia Cabral-DeArmas. “Through our partnerships with federal agencies, HSI ensures the benefits afforded to honorable service members are not abused.”

The investigation was conducted by the U.S. Citizenship and Immigration Services, Fraud Detection and National Security Directorate; Army Criminal Investigation Division; Defense Criminal Investigative Service; and Homeland Security Investigations. 

Assistant U.S. Attorney Darren W.K. Ching prosecuted the case.

HONOLULU – United States Attorney Clare E. Connors announced that Jess Kiesel Lee, age 43, of Kula, Maui, was arrested on September 18, 2024 pursuant to a criminal complaint for possessing explosives as a felon and damaging property by means of explosives. An initial appearance in federal court is set for September 23, 2024.

The complaint and affidavit allege that on August 7, 2024, Maui Police Department (“MPD”) officers encountered multiple improvised explosive devices (“IEDs”) near Kaamana Street in Kula. One of the IEDs, which had been exploded before MPD arrived, contained a mixture of compounds consistent with the remnants of explosive powder. 

If indicted and convicted of the charged offenses, the defendant would face up to ten years in prison on the felon in possession of explosives charge and a mandatory minimum sentence of at least five years in prison, but no more than and up to 20 years in prison, on the property damage charge. The charges and information contained in the federal complaint are merely accusations, and the defendant is presumed innocent unless and until indicted and proven guilty beyond a reasonable doubt in a court of law.

Lee is not charged for the IED located near Lono Avenue in Kahului on July 23, 2024 or the explosion damaging a car in Pukalani on August 8, 2024, both mentioned in the complaint filed on August 13, 2024 charging another man for the IED located on July 23, 2024.

The Federal Bureau of Investigation and MPD conducted the investigation resulting in the complaint and arrest, and the investigation into this matter remains ongoing. The prosecution is being handled by Assistant U.S. Attorneys Jonathan D. Slack and Wayne A. Myers.

HONOLULU – Attorney General Merrick B. Garland has approved an initial set of 78 communities across 47 states, territories, and the District of Columbia for designation under Section 1103 of the Violence Against Women Act Reauthorization Act of 2022.

The Justice Department - through its United States Attorney’s offices (USAOs) and Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Field Divisions - will partner with each designated jurisdiction to develop a plan to reduce intimate partner firearm violence and to prioritize prosecutions of domestic violence offenders prohibited under 18 U.S. Code Section 922(g) from owning firearms. 

“Domestic violence remains one of the most devastating crimes plaguing our community, and when perpetrators possess firearms, the consequences are too often deadly,” said United States Attorney Clare E. Connors. “This initiative

demonstrates our commitment to working with our local and state law enforcement partners by using federal laws and federal resources to help protect potential victims from the illegal use of firearms.” 

“We are continuing our efforts to ensure that intimate partner firearm violence is addressed in a proactive manner and we continue to work to deter domestic violence offenders from possessing firearms, investigating those who choose to do so illegally,” said ATF Seattle Field Division Special Agent in Charge Jonathan Blais. “Each of our field offices has a Violence Against Woman Act coordinator, as maintaining the safety of our families and communities is the cornerstone of ATF’s mission in partnership with our U.S. Attorney offices.”

Communities have been designated in close coordination with community stakeholders. They include rural areas, suburban areas, urban areas, and Tribal communities. The Justice Department used data to identify communities that could benefit from increased focus on intimate partner violence resources and where the local jurisdiction is committed to partnering with the Department to increase the use of federal tools to prosecute offenders under 18 U.S.C. 922(g). The designation represents the partnership and coordination between the department and the local jurisdiction to ensure federal resources are being leveraged effectively to address intimate partner firearm violence.

In the District of Hawaii, the City and County of Honolulu has been designated as a jurisdiction.

The Justice Department anticipates additional jurisdictions to be designated as USAOs continue coordination with their local stakeholders. All USAOs, with or without specific community designations under Section 1103, will continue to combat intimate partner firearm violence and prioritize prosecutions of domestic violence offenders as part of their Project Safe Neighborhoods strategy and in support of the Department’s Comprehensive Strategy for Reducing Violent Crime.

HONOLULU – United States Attorney Clare E. Connors announced that Henry K. Lii, 58, of Oahu, was sentenced yesterday by Senior United States District Judge Helen Gillmor to 181 months in federal prison and a lifetime of supervised release for possessing methamphetamine with intent to distribute and possessing a firearm in furtherance of a drug trafficking crime. 

According to court records, in October 2023, while living in Honolulu, Hawaii, and on federal supervised release in connection with a 2007 federal drug conviction, Lii was found in possession of nearly three pounds of methamphetamine, as well as cocaine, marijuana, and a 9mm “ghost gun” used to protect his drugs and any drug proceeds. In February 2024, Lii pled guilty to both offenses, admitting that he intended to distribute the drugs and knowingly possessed the firearm in furtherance of his drug trafficking.

Judge Gillmor also sentenced Lii to an additional 36 months for committing the foregoing offenses while on supervised release on his 2007 conviction, to run consecutively to his 181-month sentence.  The case was investigated by the Federal Bureau of Investigation and the
Bureau of Alcohol, Tobacco, Firearms, and Explosives. It was prosecuted by Assistant U.S. Attorney Barbara Eucker.

HONOLULU – United States Attorney Clare E. Connors announced that Bryan Melvin Brandenburg, 65, of Oahu, was sentenced yesterday by U.S. District Judge Leslie E. Kobayashi to 70 months in prison followed by 1 year of supervised release for sending e-mail threats to bomb buildings in Utah, California, and across the United States. Brandenburg was previously convicted at trial by a federal jury of seven counts involving sending the threatening e-mails.

According to information provided to the court, in May 2022, Brandenburg, who was residing on Oahu at the time, was awaiting the outcome of a divorce proceeding in a Utah state court. On May 4, 2022, after receiving the divorce decision, Brandenburg sent an e-mail to two judicial employees and others threatening to bomb the state courthouse. Throughout the course of the day, Brandenburg sent additional e-mails threatening to bomb the Utah State Capitol, Mayor’s office in Salt Lake City, every Ivy League university, and the United States District Courthouse in San Diego, California. On May 6, 2022, Brandenburg sent additional e-mails threatening to bomb Hall Labs and the University of Utah Center for Medical Innovation, both located in Utah.

As a result of Brandenburg’s threats, the Utah State Court initiated extensive security measures including increased screenings and surveillance reviews, searches by all available court deputies, and security briefings for related personnel. The University of Utah Police Department diverted nearly all police officers to the Center for Medical Innovation and evacuated multiple buildings including students taking a final examination. The Provo Police Department conducted a search at Hall Labs. Ultimately, no bombing devices were found. At trial, Brandenburg admitted that he wanted “to raise eyebrows” and have people “take my e-mails seriously,” and that he took “extreme measures” in sending the e-mails.

At sentencing, Judge Kobayashi called Brandenburg’s actions “totally inappropriate,” explaining that “it doesn’t matter who you are, you don’t treat people like that” and that “in a humane society, we don’t lash out.”

“Threats to cause harm, no matter if made over email or in person, will simply not be tolerated,” said U.S. Attorney Clare E. Connors. “Words have consequence, as demonstrated by this prosecution and the court’s sentence. Think before you speak, click send, or otherwise target someone in this manner – otherwise, we will hold you accountable under the law.”

“Making threats to harm innocent people is incomprehensible and will not be tolerated,” said FBI Honolulu Special Agent in Charge Steven Merrill. “When this type of incident is reported, it is always treated as a threat, and therefore drains valuable resources from law enforcement and endangers the wellbeing of our communities.”

The investigation was conducted by the Federal Bureau of Investigation, University of Utah Police Department, and Provo Police Department. Assistant U.S. Attorneys W. KeAupuni Akina and Darren W.K. Ching prosecuted the case.

HONOLULU – A former Central Intelligence Agency (CIA) officer, who pleaded guilty in May to conspiring to gather and deliver national defense information to the People’s Republic of China (PRC), will serve ten years in federal prison, followed by five years of supervised release. Chief U.S. District Judge Derrick K. Watson imposed the sentence this morning in Honolulu, Hawaii.

Alexander Yuk Ching Ma, 71, of Honolulu, was arrested in August 2020,after admitting to an undercover FBI employee that he had facilitated the provision of classified information to intelligence officers employed by the PRC’s Shanghai State Security Bureau (SSSB).

The sentence was announced by U.S. Attorney for the District of Hawaii Clare E. Connors, Assistant Attorney General for National Security Matthew G. Olsen, FBI Assistant Director for Counterintelligence Kevin Vorndran, and Special Agent in Charge Steven Merrill of the FBI’s Honolulu Field Office.

“Despite his sworn oath to protect U.S. classified secrets from illegal disclosure, Alexander Ma chose to betray his oath for money while aiding the People’s Republic of China,” said United States Attorney Clare E. Connors. “Bringing Alexander Ma to justice, even after the passage of many years, affirms our commitment to holding accountable those who violate our nation’s trust and security.”

“This sentence demonstrates the dedication of the United States to protect itself from this type of betrayal and violation of trust,” said FBI Honolulu Special Agent in Charge Steven Merrill. “Let it be a message to anyone else thinking of doing the same. No matter how long it takes, or how much time passes, you will be brought to justice.”

Ma worked for the CIA from 1982 until 1989. His blood relative (identified as co-conspirator #1 or CC #1 in court documents), who is deceased, also worked for the CIA from 1967 until 1983. As CIA officers, both men held Top Secret security clearances that granted them access to sensitive and classified CIA information, and both signed non-disclosure agreements.

As Ma admitted in the plea agreement, in March 2001, over a decade after he resigned from the CIA, Ma was contacted by SSSB intelligence officers, who asked Ma to arrange a meeting between CC #1 and the SSSB. Ma convinced CC #1 to agree, and both Ma and CC #1 met with SSSB intelligence officers in a Hong Kong hotel room for three days. During the meetings, CC #1 provided the SSSB with a large volume of classified U.S. national defense information in return for $50,000 in cash. Ma and CC #1 also agreed to continue to assist the SSSB.

In March 2003, while living in Hawaii, Ma applied for a job as a contract linguist in the FBI’s Honolulu Field Office. The FBI, aware of Ma’s ties to PRC intelligence, hired Ma as part of a ruse to monitor and investigate his activities and contacts with the SSSB. Ma worked part time at an off-site location for the FBI from August 2004 until October 2012.

As detailed in the plea agreement, in February 2006, Ma was tasked by the SSSB with asking CC #1 to identify four individuals of interest to the SSSB from photographs. Ma convinced CC #1 to provide the identities of at least two of the individuals, whose identities were and remain classified U.S. national defense information.

Ma confessed that he knowingly and willfully conspired with CC #1 and SSSB intelligence officers to communicate and transmit information that he knew would be used to injure the United States or to advantage the PRC.

In court documents and at today’s sentencing hearing, the government noted that Ma was convicted of a years-long conspiracy to commit espionage, a serious breach of national security that caused the government to expend substantial investigative resources. The government also noted that Ma’s role in the conspiracy was to facilitate the exchange of information between CC #1 and the SSSB, which consisted of classified CIA information that CC #1 had obtained between 1967 and 1983.

Under the terms of the plea agreement, Ma must cooperate with the United States for the rest of his life, including by submitting to debriefings by U.S. government agencies. At the sentencing hearing, government counsel told the Court that Ma has been cooperative and has taken part in multiple interview sessions with government agents.

U.S. Attorney Connors and Assistant Attorney General Olsen commended the FBI for its work in the investigation and thanked the CIA for its assistance.

The investigation was conducted by the FBI’s Honolulu and Los Angeles Field Offices.

Assistant U.S. Attorneys Ken Sorenson and Craig Nolan, and Trial Attorneys Scott Claffee and Leslie Esbrook of the National Security Division’s Counterintelligence and Export Control Section prosecuted the case.

Alexander Yuk Ching Ma, 71, of Honolulu, a former Central Intelligence Agency (CIA) officer, was sentenced today to conspiring to gather and deliver national defense information to the People’s Republic of China (PRC).

Ma was arrested in August 2020, after admitting to an undercover FBI employee that he had facilitated the provision of classified information to intelligence officers employed by the PRC’s Shanghai State Security Bureau (SSSB).

According to court documents, Ma worked for the CIA from 1982 until 1989. His blood relative (identified as co-conspirator #1 or CC #1 in court documents), who is deceased, also worked for the CIA from 1967 until 1983. As CIA officers, both men held Top Secret security clearances that granted them access to sensitive and classified CIA information, and both signed nondisclosure agreements.

As Ma admitted in the plea agreement, in March 2001, over a decade after he resigned from the CIA, Ma was contacted by SSSB intelligence officers, who asked Ma to arrange a meeting between CC #1 and the SSSB. Ma convinced CC #1 to agree, and both Ma and CC #1 met with SSSB intelligence officers in a Hong Kong hotel room for three days. During the meetings, CC #1 provided the SSSB with a large volume of classified U.S. national defense information in return for $50,000 in cash. Ma and CC #1 also agreed to continue to assist the SSSB.

In March 2003, while living in Hawaii, Ma applied for a job as a contract linguist in the FBI’s Honolulu Field Office. The FBI, aware of Ma’s ties to PRC intelligence, hired Ma as part of a ruse to monitor and investigate his activities and contacts with the SSSB. Ma worked part time at an offsite location for the FBI from August 2004 until October 2012.

As detailed in the plea agreement, in February 2006, Ma was tasked by the SSSB with asking CC #1 to identify four individuals of interest to the SSSB from photographs. Ma convinced CC #1 to provide the identities of at least two of the individuals, whose identities were and remain classified U.S. national defense information.

Ma confessed that he knowingly and willfully conspired with CC #1 and SSSB intelligence officers to communicate and transmit information that he knew would be used to injure the United States or to advantage the PRC.

In court documents and at today’s sentencing hearing, the government noted that Ma was convicted of a years-long conspiracy to commit espionage, a serious breach of national security that caused the government to expend substantial investigative resources. The government also noted that Ma’s role in the conspiracy was to facilitate the exchange of information between CC #1 and the SSSB, which consisted of classified CIA information that CC #1 had obtained between 1967 and 1983.

Under the terms of the plea agreement, Ma must cooperate with the United States for the rest of his life, including by submitting to debriefings by U.S. government agencies. At the sentencing hearing, government counsel told the court that Ma has been cooperative and has taken part in multiple interview sessions with government agents.

Ma has been sentenced to 10 years in prison, followed by five years of supervised release.

Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division, U.S. Attorney Clare E. Connors for the District of Hawaii and Executive Assistant Director Robert Wells of the FBI's National Security Branch made the announcement.

The FBI’s Honolulu and Los Angeles Field Offices investigated the case.

Assistant U.S. Attorneys Ken Sorenson and Craig Nolan for the District of Hawaii, and Trial Attorneys Scott Claffee and Leslie Esbrook of the National Security Division’s Counterintelligence and Export Control Section prosecuted the case.

A Colorado man was sentenced yesterday to eight years and one month in prison followed by three years of supervised release for cyberstalking and obstruction of justice offenses committed in Hawaii.

According to court documents, from May 2022 to August 2022, John B. Hart, 54, of Louisville, while living in Hawaii, engaged in a cyberstalking campaign to harass and intimidate his former girlfriend, Jane Doe 1; her former partner, John Doe 1; and her then-partner, John Doe 2. Hart frequently posed as John Doe 1 while targeting his other two victims, and also pretended to target himself in an attempt to deflect attention away from himself and falsely implicate John Doe 1. Hart hid his true identity by using multiple “burner apps” to generate dozens of fake phone numbers that he used to message his victims. Hart also falsely reported the conduct to local and federal law enforcement authorities and others, claiming that John Doe 1 was responsible and posed a genuine and serious threat to Hart and others. Two days after being questioned by federal agents, Hart deleted one of his personal e-mail accounts in an attempt to obstruct the ongoing investigation.

Hart pleaded guilty in April to three counts of cyberstalking and one count of obstruction of justice.  In his plea agreement, Hart admitted to posing as John Doe 1 and committing acts directed at each of his three victims, including, among other things: (1) sending communications to Jane Doe 1 encouraging her to kill herself; (2) sending communications to Jane Doe 1, her family members, and her associates claiming that John Doe 2 was a human trafficker who may have kidnapped Jane Doe 1; (3) sending communications to Jane Doe 1’s family members, John Doe 2, and their associates that contained express or implied threats to kill, kidnap, rape, and otherwise injure Jane Doe 1; (4) creating online dating profiles in Jane Doe 1’s name, and sending messages causing multiple men to appear at Jane Doe 1’s workplace; (5) sending communications to John Doe 2 claiming to have sexual photos and videos of Jane Doe 1 and threatening to post them online and distribute them to her friends and family; and (6) spray-painting Jane Doe 1’s vehicle and placing metal spikes on the ground near her tires, while her vehicle was parked outside of her place of employment. 

Hart has been detained since his August 2023 arrest in Colorado.

Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division, U.S. Attorney Clare E. Connors for the District of Hawaii, Special Agent in Charge Steven Merrill of the FBI Honolulu Field Office, and Acting Assistant Director James C. Barnacle Jr. of the FBI’s Criminal Investigative Division made the announcement.

The FBI investigated the case.

Senior Trial Attorney Mona Sedky of the Criminal Division’s Computer Crime and Intellectual Property Section and Assistant U.S. Attorneys Sara D. Ayabe and Aislinn Affinito for the District of Hawaii prosecuted the case.

HONOLULU – A Colorado man was sentenced today to 97 months in prison followed by 3 years of supervised release for cyberstalking and obstruction of justice offenses committed in Hawaii.

United States Attorney Clare E. Connors announced that John B. Hart, 54, of Louisville, was sentenced by Senior U.S. District Court Judge Susan Oki Mollway of the U.S. District Court for the District of Hawaii. Hart pleaded guilty on April 12. According to court documents, from May 2022 to August 2022, Hart, while living in Hawaii, engaged in a cyberstalking campaign to harass and intimidate his former girlfriend, Jane Doe 1; her former partner, John Doe 1; and her then-partner, John Doe 2. Hart frequently posed as John Doe 1 while targeting his other two victims, and also pretended to target himself in an attempt to deflect attention and falsely implicate John Doe 1. Hart hid his true identity by using multiple “burner apps” to generate dozens of fake phone numbers he used to message his victims, and falsely reported the conduct to local and federal law enforcement authorities and others, claiming that John Doe 1 was responsible and posed a genuine and serious threat to Hart and others. Two days after being questioned by federal agents, Hart deleted one of his personal e-mail accounts in an attempt to obstruct the ongoing investigation.

Hart pleaded guilty in April to three counts of cyberstalking and one count of obstruction of justice. In his plea agreement, Hart admitted to posing as John Doe 1 and committing acts directed at each of his three victims, including the following:

(1) sending communications to Jane Doe 1 criticizing her and encouraging her to kill herself, and advising her that he had posed as Jane Doe 1 online and solicited strange men to engage in “gang bang” and other sexual activities with her;

(2) sending communications to Jane Doe 1, her family members, and her associates claiming that he had followed Jane Doe 1 and John Doe 2 when they traveled to Washington state, and falsely asserting that John Doe 2 was a human trafficker who may have kidnapped Jane Doe 1 while she was in Washington;

(3) sending communications to Jane Doe 1’s family members, John Doe 2, and their associates that contained express or implied threats to kill, kidnap, rape, and otherwise injure Jane Doe 1;

(4) creating online dating profiles in Jane Doe 1’s name, and soliciting men to date and/or engage in casual sexual encounters with her, and sending messages causing multiple men to appear at Jane Doe 1’s workplace for dates and/or sex;

(5) sending communications to John Doe 2 criticizing Jane Doe 1 and encouraging, directing, and threatening John Doe 2 to terminate his relationship with her;

(6) sending communications to John Doe 2 claiming to have sexual photos and videos of Jane Doe 1 and threatening to post them online and distribute them to her friends and family;

(7) purchasing and shipping sex toys to one or more residences of John Doe 2’s family members, using Jane Doe 1’s name and credit card without authorization in the purchase order, and sending taunting communications to John Doe 2 about the purchases; and

(8) spray-painting Jane Doe 1’s vehicle and placing metal spikes on the ground near her tires, while her vehicle was parked outside of her place of employment/training.

During today’s sentencing, Judge Mollway stated that Hart had done “incalculable harm” to his victims and that the impact of Hart’s crimes had been “tremendous.” She further noted that Hart’s crimes involved a “huge amount of deception,” Hart had “gravely incriminated” an innocent person while portraying himself as a victim, and it could not “be overemphasized how harmful and serious his conduct was.” Hart has been detained since his April 2023 arrest in Colorado.

“John Hart engaged in a relentless cybercampaign to harass and terrorize his ex-girlfriend and others in her life, masking his own identity and attempting to frame an innocent man in the process,” said United States Attorney Clare E. Connors. “Today’s sentence represents justice for Hart’s victims and will help deter others who might seek to hide behind the perceived anonymity of the internet to target their victims.”

“While no sentence can ever make up for the devastating impact John Hart’s actions had on the victims in this case, we hope that this provides a sense of relief to those he affected,” said FBI Honolulu Special Agent in Charge Steven Merrill. “Cyberstalking is one of the fastest growing crimes, and the FBI and our partners are committed to holding accountable anyone who uses the internet to terrorize their victims.”

The FBI investigated the case. Assistant U.S. Attorneys Sara D. Ayabe and Aislinn Affinito for the District of Hawaii and Senior Trial Attorney Mona Sedky of the Criminal Division’s Computer Crime and Intellectual Property Section prosecuted the case.

HONOLULU – Rogelio Tadeo-Burrows, age 24, B.J. Bakol, age 19, and Joseph Konno III, age 19, all of Honolulu, Oahu, made their initial appearance yesterday in United States District Court before United States Magistrate Judge Kenneth J. Mansfield, following their arrests pursuant to a criminal complaint for robbing the “944” game room in Honolulu on August 22, 2024.

United States Attorney Clare E. Connors, Chief Joe Logan of the Honolulu Police Department (HPD), and Special Agent in Charge Lucia Cabral-Dearmas of Homeland Security Investigations (HSI) made the announcement.

According to a criminal complaint, on August 22, 2024, Tadeo-Burrows, Bakol, and Konno entered the game room on Kawaiahao Street and robbed the employees and patrons at gunpoint. HPD Officers responded to a 911 call and upon arriving at the scene, arrested Konno as he exited the game room wearing a mask. HPD Officers arrested Tadeo-Burrows and Bakol after locating them in a bathroom inside the game room, along with two loaded firearms, a large amount of U.S. currency, and two masks.

If indicted and convicted of the charges in the criminal complaint, the defendants would face up to twenty years in prison for the robbery charge and a consecutive mandatory minimum sentence of seven years in prison for the firearm charge. The charges and information contained in the criminal complaint are merely accusations, and the defendants are presumed innocent unless and until indicted and proven guilty beyond a reasonable doubt in a court of law.

The case is being investigated by HPD and HSI and being prosecuted by Assistant U.S. Attorneys Sara Ayabe and Barbara Eucker.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce gun violence and other violent crime, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results. For more information about Project Safe Neighborhoods, please visit Justice.gov/PSN.

HONOLULU – Robert Francis Dumaran, age 47, of Kahului, Maui, made his initial appearance in United States District Court today before United States Magistrate Judge Kenneth J. Mansfield, following his arrest pursuant to a criminal complaint for possessing an unregistered destructive device and attempting to damage property by means of explosives. A preliminary hearing is set for August 27. He was ordered detained without bail.

The complaint and affidavit allege that on July 23, 2024, Maui Police Department (“MPD”) officers encountered an improvised explosive device (“IED”) near Lono Avenue in Kahului. The IED was in the roadway by Kahului Elementary School. The IED contained explosive powder, a battery, and shrapnel. Dumaran’s fingerprints were recovered from packing tape used to build the IED.

If indicted and convicted of the charged offenses, the defendant would face up to ten years in prison on the unregistered destructive device charge and a mandatory minimum sentence of five years in prison and up to 20 years on the explosives charge. The charges and information contained in the federal complaint are merely accusations, and the defendant is presumed innocent unless and until indicted and proven guilty beyond a reasonable doubt in a court of law.

The affidavit also mentions the recovery of detonated IEDs near Kaamana Street in Kula on August 7, and the explosion of an IED and resulting damage to a car in Pukalani on August 8. The complaint does not charge Dumaran in connection with either of those events.

The FBI and Maui County Police Department conducted the investigation resulting in the complaint and arrest, and the investigation into these matters remains ongoing. The prosecution is being handled by Assistant U.S. Attorneys Wayne Myers and Jonathan Slack.

HONOLULU – Brent Leroy Gaston, 65, was sentenced yesterday to 120 months imprisonment for attempted child enticement by U.S. District Court Judge Leslie E. Kobayashi. Gaston pleaded guilty in February to attempting to engage in sexual contact with two children who Gaston believed to be a nine year-old boy and an eleven year-old girl. In addition to his sentence, Gaston must register as a sex offender, as required by the Sex Offender Registration and Notification Act.

According to information produced to the court, an undercover law enforcement officer posted a profile on a social media and dating application of an adult who would be visiting Honolulu and “wanted to find some like-minded pervs like me.” When Gaston responded to the profile, the officer added that he would be with his two children ages 9 and 11, to which Gaston responded, "Please clarify. You are wanting your children to participate?" Gaston continued to communicate with the officer, expressing sexually explicit suggestive plans regarding the officer's purported minor children. Gaston was arrested when he arrived at a meeting purportedly to meet with the officer and the children.

“Protecting children from the depravity of defendants like Gaston is among our highest priorities as a law enforcement community,” said United States Attorney Clare E. Connors. “These sanctions deter others from engaging in such devastatingly harmful conduct, and we will continue to seek them in all cases where vulnerable members of our community are targeted in this manner.”

This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the Department’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.

This case is the result of an operation conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Mohammad Khatib is prosecuting the case.

HONOLULU – After a 99-day jury trial before Chief United States District Judge Derrick K. Watson, a federal jury found Michael J. Miske, Jr., 50, of Kailua, Oahu, guilty of racketeering conspiracy, murder, and 11 other felony charges on July 18, 2024, and today determined that as a result of his conviction of the racketeering conspiracy, he should forfeit a variety of assets to the federal government. Sentencing is scheduled for November 26, 2024. Ten other defendants originally charged with Miske and several others charged in other cases related to this one previously pled guilty to various offenses.

According to the evidence presented at trial, during at least the late 1990s and through June 2020, Miske and other codefendants conspired to conduct and participate in the conduct of the affairs of a racketeering enterprise, the “Miske Enterprise,” through a pattern of racketeering activity. The racketeering activity included acts involving murder, kidnapping, and robbery. It also included acts relating to murder-for-hire, chemical weapons, interference with commerce through robbery and extortion, wire fraud, fraud in connection with identification documents, financial institution fraud, the Currency and Foreign Transactions Reporting Act, and obstruction of justice.

During the trial, evidence was produced that from about March 2016 and continuing to about July 30, 2016, Miske conspired with others to kidnap and murder 21-year-old Johnathan Fraser in the belief that Fraser was responsible for Miske’s son’s death as a result of an automobile crash. In March 2016, Miske instructed a co-conspirator to develop a plan for kidnapping and murdering Fraser and told that co-conspirator that he/she could name the price for carrying out the murder. On or about July 30, 2016, Fraser was kidnapped and killed. On that same day, another of Miske’s co-conspirators took Fraser’s significant other on a “spa day,” thereby ensuring that Fraser and his significant other would be separated from each other when Fraser was kidnapped.

In or about March 2017, Miske and others conspired to release a chemical weapon, namely, chloropicrin, into nightclubs in Honolulu, Hawaii. As part of this conspiracy, chloropicrin was released into two different nightclubs. Miske was also convicted of obstructing justice for the submission of false character letters to the court in support of Miske’s request for pretrial release while this case was pending.

The maximum penalties for the charges on which Miske was found guilty are set forth below. The maximum potential sentences in this case are prescribed by Congress. The actual sentence imposed will be determined by the judge.

After approximately one-and-a-half days of proceedings, the same jury determined that as a result of the conviction of racketeering conspiracy, Miske must forfeit specifically identified property, which included two pieces of real property and $611,123.60 in proceeds from the sale of real property, a Boston Whaler vessel, a fishing vessel, a 2017 Ferrari, $2,521.784.32 in cash from various financial institution accounts, and a cashier’s check for $1,162,826.76.

This conviction is the result of an investigation conducted by the Federal Bureau of Investigation, the Internal Revenue Service Criminal Investigation, Homeland Security Investigations, the Criminal Investigation Division of the Environmental Protection Agency, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, with assistance from the Honolulu Police Department, the Drug Enforcement Administration, the Coast Guard Investigative Service, the United States Marshals Service Fugitive Task Force, the Cybercrime Lab of the Department of Justice Criminal Division Computer Crime and Intellectual Property Section, the Hawaii Criminal Justice Data Center, the Honolulu Fire Department, the Hawaii National Guard, 93rd Civil Support Team, the Office of Investigations–Office of the Inspector General for the Social Security Administration, and the Department of Justice Office of the Inspector General.

Assistant U.S. Attorneys Mark Inciong, Michael Nammar, KeAupuni Akina, and Aislinn Affinito prosecuted the case and presented it in court.

HONOLULU – Casey Young, 4o, of Kaneohe, Hawaii was sentenced on July 10, 2024, by Senior United States District Judge Helen Gillmor to 188 months in prison and a lifetime of supervised release as a registered sex offender for distributing child pornography. Young previously pleaded guilty in on December 14, 2023.

According to information produced to the court, by at least January 2023, Young was an avid user of multiple end-to-end encrypted messaging applications that he had downloaded on his cellphone and other devices. Using an anonymous screen name, at the time of his arrest in September 2023, Young was part of over 75 groups that involved other anonymous individuals who shared images and videos of child pornography and messaged about child pornography and child sex abuse. Each group or room in which Young was a member catered to a particular type of child pornography, ranging all ages and genders. As a member of a room, that individual generally had access to all the child pornography that was shared in the room from other members.

Generally, for entry into any child pornography room, an individual had to be vetted first by a moderator of the room and share with the moderator at least two images or videos of child pornography on theme with the room. Among other things, a moderator of a room had control over vetting, adding new members, and removing members from rooms for lurking, that is, not sharing enough child pornography over a period of time. Young moderated over a dozen rooms across two encrypted applications. Young also downloaded thousands of images and videos of child pornography onto his devices. In January and March 2023, an undercover FBI agent on one of the applications observed Young distribute child pornography videos in two different rooms.

“This conduct is another confirmation of sexual predators utilizing social media to exploit children, as well as storing pornographic images on electronic media,” said U.S. Attorney Clare E. Connors. “The law provides substantial prison terms for sexual exploitation of children, and such a penalty was appropriately imposed in this case.”

“This sentence should serve notice to others that the FBI does not tolerate those who prey on our keiki,” said FBI Special Agent in Charge Steven Merrill. “We take these types of cases seriously and will do whatever it takes to bring child  predators to justice.”

This investigation was conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Rebecca Perlmutter handled the prosecution.
 

Alexander Yuk Ching Ma, 71, of Honolulu, a former Central Intelligence Agency (CIA) officer, pleaded guilty today to conspiring to gather and deliver national defense information to the People’s Republic of China (PRC).

According to court documents, Ma and a blood relative of his (identified as co-conspirator #1 or CC #1) were naturalized U.S. citizens who were born in Hong Kong and Shanghai, respectively. Both Ma and CC #1 worked for the CIA ­­­­— CC #1 from 1967 until 1983, Ma from 1982 until 1989. As CIA officers, both men held top secret security clearances that granted them access to sensitive and classified CIA information, and signed non-disclosure agreements that required them to maintain the secrecy of that information.

As Ma admitted in the plea agreement, in March 2001, when he no longer worked for the CIA, at the request of intelligence officers employed by the PRC’s Shanghai State Security Bureau (SSSB), Ma convinced CC #1 to meet with SSSB intelligence officers in a Hong Kong hotel room. Over the course of three days, Ma and CC #1 provided the SSSB with a large volume of classified U.S. national defense information. At the conclusion of the third day, the SSSB intelligence officers provided CC #1 with $50,000 in cash, which Ma counted. Ma and CC #1 also agreed at that time to continue to assist the SSSB.

As detailed in the plea agreement, in March 2003, while living in Hawaii, Ma applied for a job as a contract linguist in the FBI Honolulu Field Office. The FBI, aware of Ma’s ties to PRC intelligence, hired Ma, as part of an investigative plan, to work at an off-site location where his activities could be monitored and his contacts with the PRC investigated. Ma worked for the FBI from August 2004 until October 2012.

Ma further admitted that in February 2006, during this monitored employment by the FBI in Honolulu, Ma convinced CC #1 to provide the identities of at least two individuals depicted in photographs that were provided to Ma by SSSB intelligence officers. The individuals’ identities were and remain classified U.S. national defense information. Ma confessed that he knew that this information, and the information communicated in March 2001, would be used to injure the United States or to benefit the PRC, and he deliberately engaged in the criminal conspiracy with CC #1 and the SSSB anyway.

Under the terms of the parties’ plea agreement, Ma must cooperate with the United States, including by submitting to debriefings by U.S. government agencies. The plea agreement, if accepted by the Court, calls for an agreed-upon sentence of 10 years in prison. Sentencing is set for Sept. 11.

Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division, U.S. Attorney Clare E. Connors for the District of Hawaii, Assistant Director for Counterintelligence Kevin Vorndran of the FBI, and Special Agent in Charge Steven Merrill of the FBI Honolulu Field Office made the announcement after Chief U.S. District Judge Derrick K. Watson conducted the change of the plea hearing.

The FBI Honolulu and Los Angeles Field Offices investigated the case.

Assistant U.S. Attorneys Ken Sorenson and Craig Nolan for the District of Hawaii, and Trial Attorneys Scott Claffee and Leslie Esbrook of the National Security Division’s Counterintelligence and Export Control Section are prosecuting the case.

A California man made his initial appearance in the District of Hawaii today to face charges related to his role in the murder of another man in connection with drug trafficking.

According to court documents, on March 27, 2021, Filimone Tavake, 36, of San Francisco, allegedly killed a Hawaii resident at the victim’s home in connection to a drug distribution conspiracy. Tavake was arrested on March 22 in California.

Tavake is charged with carry, use and discharge of a firearm during and in relation to a drug trafficking crime; causing the death of a person through use of a firearm; killing while engaged in conspiracy to distribute and possess with intent to distribute methamphetamine; and conspiracy to distribute and possess with intent to distribute methamphetamine. If convicted, Tavake faces a mandatory minimum sentence of 20 years in prison and a maximum penalty of life in prison.

Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division; U.S. Attorney Clare E. Connors for the District of Hawaii; Special Agent in Charge Steven Merrill of the FBI; and Chief Arthur “Joe” Logan of the Honolulu Police Department made the announcement.

The FBI and Honolulu Police Department are investigating the case.

Trial Attorney Christina Taylor of the Criminal Division’s Violent Crime and Racketeering Section and the U.S. Attorney’s Office for the District of Hawaii are prosecuting the case.

An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

HONOLULU – Senior United States District Judge Helen Gillmor sentenced Phong Duy Le, 49, of Honolulu, Hawaii to 29 months in federal prison on May 7, 2024, for bank fraud. Le had earlier appeared before U.S. Magistrate Judge Kenneth J. Mansfield on April 20, 2023, and pled guilty to a 13-count Indictment.

The court found that Le engaged in 19 fraudulent transactions and attempted to obtain $959,870 from the financial institutions. The court further found that Le successfully defrauded the institutions out of $262,315.15. Le told the court he committed the offenses due to a gambling addiction resulting in losses at casinos in Las Vegas.

According to information produced to the court, between August 2015 and November 2015, Le defrauded nine financial institutions in Hawaii and elsewhere by depositing checks and electronic payments into accounts that he held, knowing that the deposits were not backed with sufficient funds. In one scheme, commonly known as “check kiting,” Le falsely inflated the balance on a bank account by depositing and then immediately withdrawing funds from the account, which temporarily resulted in a positive balance on the account. Le then quickly spent the funds in the account and any associated line of credit before the bank realized the initial deposit was not backed with sufficient funds.

Other information provided to the court reflected that Le also perpetrated a related “credit bust-out” scheme, which involved applying for and obtaining a credit card from a financial institution and then incurring charges up to the credit limit of the card. Le then wrote bad checks to the financial institution in amounts in excess of the payment due on his credit card, knowing that these checks were not backed with sufficient funds. The financial institution then posted the amount of the bad checks to Le’s account and restored Le’s credit line, thereby giving Le access to funds above the credit limit on his credit card. Le then used the credit card to make additional purchases before the financial institution discovered Le’s payments were fraudulent and reversed the credits posted to his account.

This investigation was conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Gregg Paris Yates handled the prosecution.

A federal jury convicted a Hawaii man yesterday for his role in a more than a decade-long scheme to defraud investors of Semisub Inc. and Semisub LLC (collectively, “Semisub”) of over $28 million.

According to court documents and evidence presented at trial, Curtiss E. Jackson, 71, of Honolulu, was Semisub’s CEO in addition to holding other corporate positions, and fraudulently solicited investments in Semisub. Jackson and his co-conspirator falsely told investors for years that the prototype vessel, Semisub One, was “weeks” or “months” away from beginning operations. Jackson also solicited funds based on false statements that Semisub had entered into agreements or developed relationships with government agencies and a private investment firm to build and sell a fleet of “Semisubs” for tens of millions of dollars—among other misrepresentations. As a part of the scheme, Jackson and his co-conspirator used investor funds to pay for luxury residences in Hawaii and California, a Mercedes-Benz automobile, luxury vacations, psychics, and marijuana. 

Jackson also sent a death threat to his co-conspirator during the investigation. The text message contained a link to an online video entitled “Death of FBI Informants,” which had clips from a television series depicting the deaths of several characters who had cooperated with the FBI. Jackson further obstructed an official proceeding by attempting to flee the United States’ territorial waters aboard the Semisub One, which was subject to criminal forfeiture proceedings, on the day before his bond revocation hearing.

The jury convicted Jackson of securities fraud, conspiracy to commit mail fraud and wire fraud, mail fraud, wire fraud, witness tampering, and obstructing an official proceeding while on pretrial release. He is scheduled to be sentenced on Sept. 23 and faces a maximum penalty of 20 years in prison on each count and a consecutive 10 years in prison for committing an offense while on release. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division; U.S. Attorney Clare E. Connors for the District of Hawaii; Inspector in Charge Eric Shen of the U.S. Postal Inspection Service (USPIS) Criminal Investigations Group; and Special Agent in Charge Adam Jobes of the IRS Criminal Investigation (IRS-CI) Seattle Field Office made the announcement.

The USPIS and IRS-CI investigated the case.

Trial Attorneys Jennifer Bilinkas, Kate McCarthy, Christopher Fenton, and Matthew Reilly of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Margaret Nammar and Aislinn Affinito for the District of Hawaii are prosecuting the case.

HONOLULU – Newton Kaleo DeLeon, 48, of San Juan Capistrano, California, was sentenced by Senior District Judge Helen Gillmor today to 57 months in prison and three years of supervised release for wire fraud and money laundering related to a scheme to defraud at least 42 Hawaii and California victim-investors out of more than $1.2 million. DeLeon, a former Big Island resident, is required to pay $1,246,850 in restitution to the victims of the scheme. He also must pay a forfeiture money judgment of $1,194,650.

According to information produced to the court, from at least 2017 to December 2020, DeLeon solicited money from victim-investors, many of whom were friends and teachers, by falsely representing that the money they provided him was for his flower lei business, “leiorders.com.” Instead, DeLeon spent the money on his personal expenses, including gambling and luxury items, such as a Chevrolet Tahoe. DeLeon falsely told victim-investors that he needed investment funds to purchase flowers and supplies for lei purchase orders that he had already executed with third parties, such as well-known casino hotels in Las Vegas, Nevada.

To further his scheme to defraud, DeLeon then falsely promised that he would repay the principal investment loan within a short time frame and split the profit with the investors as a return. DeLeon created and signed loan agreements and promissory notes for investors to create the false appearance of legitimate financial transactions upon which investors could rely.

To further legitimize his scheme to defraud, DeLeon provided investors with fictitious and fabricated purchase orders, contracts, and other documents that he created with unauthorized and false branded logos and forged signatures to make it appear he had large business lei orders with third parties, such as well-known casino hotels in Las Vegas, Nevada, when he knew that he did not secure these orders.

“Holding people like DeLeon accountable for criminally defrauding multiple victims in Hawaii and elsewhere is a top priority of our office,” said United States Attorney Clare E. Connors. “And while we will continue our law enforcement efforts to bring such perpetrators to justice, we encourage everyone to be their own first line of defense against those who create and then exploit relationships of trust.”

"The FBI hopes this sentence sends a message to those who try to take advantage and victimize investors in these types of schemes for their own personal greed," said FBI Special Agent in Charge Steven Merrill. “We urge the public to remain vigilant and thoroughly research any investment. As the saying goes, if it sounds too good to be true, it probably is.”

“Our communities here, along with people all over the world, value leis as symbols of hospitality, of honor, of friendship. DeLeon, however, only saw and valued his own greed,” said Special Agent in Charge Adam Jobes, IRS Criminal Investigation (CI), Seattle Field Office. “Financial crime is not victimless, and DeLeon deliberately chose to dishonor and hurt those in our communities with his actions. Today’s sentencing is a start to making things right, and CI is continually committed to bringing justice to those who do wrong.”

The FBI, IRS-Criminal Investigation, Federal Deposit Insurance Corporation Office of Inspector General, and Orange County Sherriff’s Department conducted the investigation that led to the conviction. Assistant U.S. Attorney Rebecca Perlmutter handled the prosecution.

HONOLULU – Robert Kinoshita, 59, of Hilo, Hawaii, was sentenced today by Senior United States District Judge Helen Gillmor to 155 months in federal prison and five years of supervised release for possession with the intent to distribute methamphetamine. Kinoshita pleaded guilty on October 27, 2023, and had been detained since his arrest in August 2023. The court ordered Kinoshita’s prison sentence to run consecutive to a State of Hawaii sentence for prior state convictions in 2021 involving unlawful imprisonment of a minor and promoting a dangerous drug.

According to information produced to the court, the federal offense occurred in August 2023, while Kinoshita was on state probation. He was caught by the Hawaii Police Department dealing methamphetamine to a confidential informant from his car in Hilo. A search warrant of his vehicle recovered over 2.5 pounds of methamphetamine as well as more than $6,600 in cash and other drug distribution paraphernalia.

Information regarding the State proceedings produced to the court during the federal proceedings recounted Kinoshita’s May 2020 arrest in his vehicle in Hilo, after he was found with methamphetamine, drug paraphernalia, and an unconscious minor who had no pants and displayed physical indications of sexual assault. At that time, Kinoshita was out on bail for two state felony cases.

In sentencing Kinoshita, Judge Gillmor noted Kinoshita’s State of Hawaii felony and misdemeanor convictions, which include assault, criminal contempt, abuse of a family member, terroristic threatening, theft, driving under the influence and vehicular offenses, receiving proceeds of a felony, and drug crimes. The Court then stated that Kinoshita “has lived a life of crime for forty-one years” and that “protecting the community is an important value.”

“Today, Robert Kinoshita was finally stopped in his tracks and held accountable for decades of drug dealing offenses and crimes that caused significant harm to others,” said United States Attorney Clare E. Connors. “Justice is best achieved when we collaborate with our state and local partners, as we did in this case and will continue to do every day to protect our community.”

Homeland Security Investigations and the Hawaii Police Department conducted the investigation that led to the charges. Assistant U.S. Attorney Rebecca Perlmutter handled the prosecution.

HONOLULU – U.S. Attorney Clare E. Connors announced today that the United States Attorney’s Office for the District of Hawaii collected $6,638,788.11 from criminal and civil actions in Fiscal Year 2023. Of this amount, $6,360,465.69 was collected in criminal actions and $278,322.42 was collected in civil actions.

The Hawaii U.S. Attorney’s Office also worked with other U.S. Attorney’s Offices and components of the Department of Justice to collect an additional $425,476.84 in civil cases pursued jointly by these offices.

“The imposition of financial penalties and restitution obligations are critical to achieving justice for violations of our criminal and civil laws,” said U.S. Attorney Clare E. Connors. “Obtaining money in satisfaction of a criminal sentence or civil judgment is particularly important and remains one of our foremost objectives.”

In 2023, the District of Hawaii recovered over $3.2 million through a bankruptcy proceeding involving George Lindell, who in May 2015, was convicted after a 27-day trial of operating an extensive Ponzi scheme in which 166 individuals were induced to invest over $26 million dollars. During 2023, the United States also recovered over $109,000 through the sentence imposed on Garrett Okubo, a physical therapist convicted in 2019 of submitting false claims to obtain payment for physical therapy services to TRICARE, Medicare, Medicaid, and HMSA.

The U.S. Attorneys’ Offices, along with the department’s litigating divisions, are responsible for enforcing and collecting civil and criminal debts owed to the U.S. as well as criminal debts owed to federal crime victims. The law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss. While restitution is paid to the victim, criminal fines and felony assessments are paid to the department’s Crime Victims Fund, which distributes the funds collected to federal and state victim compensation and victim assistance programs.

Additionally, the U.S. Attorney’s office in Hawaii, working with partner agencies and divisions, collected $1,000,765 in asset forfeiture actions in FY 2023. Forfeited assets deposited into the Department of Justice Assets Forfeiture Fund are used to restore funds to crime victims and for a variety of law enforcement purposes.

HONOLULU – Chief United States District Judge Derrick K. Watson sentenced Daniel Brito, 33, of Honolulu, today to forty years in prison and lifetime of supervised release for production of child pornography. He must also pay the four identified minor victims $3,000 each in restitution. Brito has been detained in custody since he was arrested in December 2021. Brito pleaded guilty to the child pornography production offense on November 2, 2023. At the time of the offenses in the federal case, Brito was on State probation and a registered as a sex offender due to a prior State of Hawaii conviction for sexual assault in the third degree of a minor relative.

According to information produced to the court, from around 2019 through 2021, Brito communicated on multiple internet-based social media applications with at least four minor females, as young as twelve years old, for the purpose of directing and soliciting them to send him sexually explicit images and videos of themselves. In addition to the sexually explicit materials Brito solicited from those minors, Brito also possessed thousands of images of child pornography, to which he had access from his phone on the date of his arrest. The videos included those of adults engaged in sexual acts with young children.

“This substantial sentence reflects the horrifying fact that while on probation for sexually assaulting a child family member, Brito victimized at least four additional children,” said United States Attorney Clare E. Connors. “No child should suffer the incalculable damage from such abuse, and we will continue to identify perpetrators, prosecute them and help victims find healing through the justice system.”

“This sentence highlights how important it is to the FBI and our community to protect our keiki from predators such as Brito who, despite being a registered sex offender, continued to victimize others,” said FBI Special Agent in Charge Steven Merrill. “The public should know that we will continue to vigorously pursue and investigate those who prey on our children and bring them to justice.”

This investigation was conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Rebecca Perlmutter handled the prosecution.

HONOLULU – In January 2024, the United States Attorney’s Office for the District of Hawaii (“USAO”) obtained an order forfeiting $307,523.32 to the United States. The forfeiture order was obtained as part of a settlement in a civil forfeiture action filed in 2020 against a residence located at 1649A Paula Drive in Honolulu. The United States alleged the residence was purchased using illegal gambling proceeds and the $307,523.32 was paid in lieu of forfeiting the residence.

Previously, in 2019, the USAO filed a civil forfeiture action seeking forfeiture of four real properties and other seized property. Both the Paula Drive forfeiture action and the 2019 action resulted from a joint criminal and civil investigation into an illegal gambling business operating at least nine illegal game rooms. The Department of Homeland Security (HSI), the Hawaii High Intensity Drug Trafficking Area program (HIDTA), the Honolulu Police Department (HPD), and other law enforcement partners conducted the investigation, which began in 2018 and resulted in 12 criminal convictions, including operation of an illegal gambling business out of a single-family residence located at 94-103 Pupupuhi Street in Waipahu and another location in Pearl City. Federal search warrants executed at those locations, as well as another game room and other properties used in the gambling business, resulted in the seizure of U.S. currency, gaming machine paraphernalia, and other property. Simultaneously, seizure warrants were executed at several financial institutions for funds that constituted proceeds of gambling or funds involved in structuring.

The 2019 civil forfeiture action sought forfeiture of the seized property and the forfeiture of four real properties, including the Pupupuhi Street game room and an apartment located on South Street in Honolulu that was purchased with illegal proceeds. Ultimately, the civil forfeiture action resulted in the forfeiture of $885,070.14, which includes forfeiture of the seized U.S. currency and the proceeds of forfeiting the Waipahu game room and the South Street apartment. The amount also includes a $360,000 settlement payment to resolve the forfeiture claim as to a third real property located on Liliha Street.

“Forfeiture provides a critical tool for law enforcement in its efforts to disrupt illegal enterprises and reduce criminal activity in our community,” said U.S. Attorney Clare E. Connors. “Illegal gambling businesses cause significant harm and the successful forfeiture of more than $1 million from this illegal gambling operation reflects our commitment to pursuing both criminal and civil actions.”

Assistant U.S Attorneys Sydney Spector and Rachel Moriyama handled the forfeiture litigation.

HONOLULU – Kalani Kaaiawaawa, 24, of Honolulu, was sentenced by Senior United States District Judge J. Michael Seabright to 40 years in federal prison for two counts of sexual exploitation of a child and one count of possession of child pornography, followed by a lifetime of supervised release. Kaaiawaawa was also ordered to pay $33,000 in restitution to victims identified in the child pornography he possessed.

According to information presented to the court between at least August 2018 and November 2020, Kaaiawaawa repeatedly sexually assaulted a child who was six to eight years old at the time of the assaults, and video-recorded the assaults. The Federal Bureau of Investigation (FBI) discovered the recordings on Kaaiawaawa’s phones in connection with the execution of a search warrant at Kaaiawaawa’s residence. In total, investigators found more than 100,000 images and videos on the two phones containing child pornography, including depictions of children as young as two years old being sexually assaulted. The FBI also discovered chat room conversations in which Kaaiawaawa shared child pornography, bragged about his assaults on the child exploitation victim, and revealed that he had begun to “touch” a second victim, who was two years old at the time. Kaaiawaawa has been detained since his arrest one day after the execution of the search warrant on November 10, 2020.

“Justice for the child victim of Kaaiawaawa’s horrendous series of crimes has been served by the Court’s sentence,” said United States Attorney Clare E. Connors. “Our children – the most vulnerable victims in our society – are the priority of our law enforcement community and we will continue to hold sexual predators accountable for their terrible crimes.”

“The FBI remains committed in investigating and bringing to prosecution those who continue to take advantage of our most vulnerable population - our keiki in Hawaii,” said FBI Special Agent in Charge Steven Merrill. “This sentence underscores the egregious and reprehensible nature of these types of crimes and highlights how seriously the FBI takes its Crimes Against Children investigative responsibilities."

The Federal Bureau of Investigation conducted the investigation. Assistant U.S. Attorney Michael F. Albanese prosecuted the case.

HONOLULU –Senior United States District Judge Susan O. Mollway sentenced Alden Bunag, 35, of Honolulu, yesterday to 210 months in prison and 15 years of supervised release for production of child pornography. Bunag will also be required to register as a sex offender and pay identified victims $30,000 in restitution. Bunag has been detained in custody since he was arrested in June 2022 at an Oahu high school where he was working as a summer schoolteacher. Bunag pleaded guilty to the child pornography production offense on May 19, 2023.

According to information produced to the court, from around 2017 through 2018, when Bunag was working as a middle school teacher on Oahu, he engaged in repeated sexual activity with a 13-year-old student. Bunag recorded the sexual activity on multiple occasions, which took place in his middle school classroom. He later sent the video(s) to others, including a teacher in Pennsylvania, who was also prosecuted for child exploitation offenses. In addition to the videos Bunag recorded of his former student, he also possessed thousands of images of child pornography, to which he had access to from his phone on the date of his arrest. The videos included young male children being sexually assaulted while bound and in pain. Bunag distributed several of these videos to the Pennsylvania teacher and others.

“Bunag’s sentence reflects the horrendous nature of the crimes he committed, including against a child for whom the classroom became a place of torture rather than learning and nurturing,” said United States Attorney Clare E. Connors. “Child abusers cause incredible harm to the most vulnerable members of our community, and we will continue to hold them accountable under the law.”

“This sentence shows that the FBI will target those individuals who prey on our most vulnerable members of our community and do whatever it takes to protect our keiki,” said FBI Special Agent in Charge Steven Merrill. “We will hold them accountable for their heinous actions especially when they were entrusted by students and parents alike to serve as role models and not a sexual predator going after young boys.”

This investigation was conducted by the Federal Bureau of Investigation.  Assistant U.S. Attorney Rebecca Perlmutter handled the prosecution.

HONOLULU –Kalana Limkin, age 18, of Hilo, made his initial appearance in United States District Court today before United States Magistrate Judge Rom Trader, following his arrest for violating child pornography law. He was ordered detained pending a detention hearing on December 21. The charge against Limkin was contained in a criminal complaint filed in federal court and unsealed upon his arrest.

The complaint and affidavit allege that Limkin was identified as the founder of a group, “Cultist”, which focused on specific behaviors, such as promoting child pornography, child exploitation, sexual extortion, and trafficking and self-harm of minors. Limkin allegedly uploaded multiple child pornography image files.

On September 12, 2023, the FBI issued a public notice (Violent Online Groups Extort Minors to Self-Harm and Produce Child Sexual Abuse Material) about groups that are “deliberately targeting minor victims on publicly available messaging platforms to extort them into recording or livestreaming acts of self-harm and producing child sexual abuse material.”

The FBI advises persons who believe they may be victims of a crime using these types of tactics, should retain all information regarding the incident (e.g., usernames, email addresses, websites or names of platforms used for communication, photos, videos, etc.) and immediately report it to:

FBI's Internet Crime Complaint Center at www.ic3.gov

FBI Honolulu Field Office [808-566-4300 or 1-800-CALL-FBI (225-5324)]

National Center for Missing and Exploited Children (1-800-THE LOST or www.cybertipline.org).

If indicted and convicted of the offense in the complaint, the defendant would face a mandatory minimum term of five years and up to 20 years in prison. The charges and information contained in the federal complaint are merely accusations, and the defendant is presumed innocent unless and until indicted and proven guilty beyond a reasonable doubt in a court of law.

The FBI and Hawaii County Police Department conducted the investigation resulting in the arrest. The prosecution is being handled by Assistant U.S. Attorney Mohammad Khatib.

HONOLULU – Richard Ascencio, 52, of Wahiawa, Hawaii, was sentenced yesterday by Chief United States District Judge Derrick K. Watson to 42 months in prison and two years of supervised release for conspiring to distribute methamphetamine and possessing methamphetamine with the intent to distribute. Ascencio pled guilty to the charges on September 21, 2022.

According to information provided to the Court, Ascencio worked as a correctional officer at the Oahu Community Correctional Center (OCCC) from 2000 until his arrest in 2020 for these charges. Ascencio agreed to smuggle methamphetamine into OCCC and provide it to an inmate in exchange for cash payments. Pursuant to this criminal agreement, Ascencio obtained methamphetamine from co-conspirators outside OCCC, hid the methamphetamine in his backpack, and then used his position as a correctional officer to attempt to bypass security measures and smuggle the methamphetamine into OCCC.

An investigation by the Federal Bureau of Investigation, with assistance from the Honolulu Police Department, revealed that Ascencio was attempting to smuggle methamphetamine into OCCC on February 12, 2020. When Ascencio reported for duty at OCCC that day, investigators located 11 packets of methamphetamine hidden in Ascencio’s backpack.

“Rather than protect the community from the scourge of methamphetamine, as Ascencio was charged with doing as a correctional officer, he instead perpetuated the devastating cycle of addiction among inmates and endangered the welfare of his co-workers,” said United States Attorney Clare E. Connors. “Our office will continue to prosecute this kind of corruption, as it degrades trust in government and endangers our community.”

“The FBI will not tolerate those who are in a position of trust to violate that trust by bringing illegal drugs into our correctional facilities,” said FBI Special Agent in Charge Steven Merrill. “This act unfortunately undermines the efforts of other correctional officers who serve with the utmost integrity in their position. Yesterday’s sentence holds Ascencio accountable for the blatant disregard of the laws he swore to uphold.”

Special Assistant U.S. Attorney Nicole Hudspeth prosecuted the case.

HONOLULU – Cyrus Croskery, 29, of Oahu, was sentenced today by Chief U.S. District Judge Derrick K. Watson to 25 years imprisonment for conspiracy to distribute methamphetamine and fentanyl, and for possession of a firearm in furtherance of drug trafficking. Judge Watson also imposed five years of supervised release consecutive to Croskery’s prison term. Croskery had been detained since his arrest and will begin serving his prison sentence immediately.

According to information provided to the Court, Croskery, working with others, was responsible for bringing approximately 80 pounds of methamphetamine and 40,000 counterfeit oxycodone pills containing fentanyl from California to Hawaii from June 2021 to February 2022. On January 31, 2022, Croskery shot an individual, who survived, for allegedly stealing six pounds of methamphetamine from Croskery. On February 3, 2022, the Drug Enforcement Administration (DEA), working in conjunction with the Honolulu Police Department, arrested Croskery at a hotel in Waikiki. At the time of his arrest, Croskery possessed at his hotel room, home, and other locations nearly two pounds of methamphetamine, over 2,000 counterfeit oxycodone pills containing fentanyl, one privately manufactured pistol, three additional pistols, two privately manufactured short-barrel rifles, one additional rifle, two firearm suppressors, a bump-stock device, and hundreds of rounds of ammunition. Among the firearms recovered was the pistol that Croskery used in the January 31, 2022 drug-related shooting.

According to additional information provided to the Court, Croskery misrepresented fentanyl pills as oxycodone pills to drug purchasers. Some of his buyers included active-duty military members. As of 2023, 7 out of 10 pills recovered by the DEA nationally contained a potentially lethal dose of fentanyl.

“Our community continues to be plagued by the distribution of methamphetamine, and now increasingly, lethal doses of fentanyl,” said United States Attorney Clare E. Connors. “This defendant trafficked both drugs, and did so while possessing multiple firearms, making his conduct even more dangerous.”

“The DEA, working alongside and in-conjunction with our local law enforcement partners, is committed to safeguarding the health and safety of our communities, and to keeping all Americans safe from illicit narcotics and its accompanying violence. Dangerous and highly addictive synthetic drugs like methamphetamine and fentanyl are wreaking havoc on our communities and killing people at increasing rates. This case illustrates the collaborative work, alongside our local law enforcement partners, to target and hold drug traffickers accountable who drive addiction and threaten public safety,” said DEA Hawaii District Office Assistant Special Agent in Charge Victor Vazquez.

DEA, in partnership with the Honolulu Police Department, conducted the investigation that led to this conviction. Assistant U.S. Attorneys W. KeAupuni Akina and Michael F. Albanese prosecuted the case.

HONOLULU – On November 30, 2023, a federal grand jury indicted Ross Andrew Brown, 42, of Kailua, for attempted sexual enticement of a minor. Brown is a lawyer serving as a Lieutenant Colonel in the United States Air Force Judge Advocate General’s Corps and is stationed in Hawaii. Brown will be arraigned on the one-count Indictment on December 20, 2023.

Brown was originally charged by Criminal Complaint on April 17, 2023. The Complaint alleges that during April 12 to 16, 2023, Brown communicated via social media platforms Whisper and Telegram with an undercover law enforcement agent posing as a 14-year-old girl. During the communications, Brown allegedly discussed the sexual activity in which Brown and the fictious girl would engage. On April 17, Brown drove to Schofield Barracks allegedly to meet the fictitious girl and was arrested by federal law enforcement agents. After arrest, a United States Magistrate Judge denied the government’s motion to detain Brown pending trial and released him on conditions.

If convicted, Brown faces a term of imprisonment between ten years and life, a fine of up to $250,000, and supervised release for a term of up to life. The charge in the Indictment is merely an accusation, and Brown is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law. In the case of conviction, any sentence would be imposed by a United States District Judge based on the statutory sentencing factors and the advisory United States Sentencing Guidelines.

The charge is the result of a joint investigation conducted by the Air Force Office of Special Investigations and the Army Criminal Investigation Division. Assistant U.S. Attorney Craig S. Nolan is handling the prosecution.

HONOLULU – Edward Caspino, 46, of Waianae, William Caspino, 48, of Waianae, Lavern Joseph, 71, of Waianae, and Kerilyn Keliinoi, 31, of Waianae were arraigned today on a four-count Indictment returned by a federal grand jury on October 26, 2023. All four pled not guilty, and trial was set for January 17, 2024. Two other defendants, Fauston Aragon, Jr., 65, of Pearl City, and Howard Unebasami, 80, of Waianae, are expected to appear later this week.

Counts 1 and 2 of the Indictment charge all six defendants with conspiracy and the operation of an illegal gambling business. According to the Indictment, the defendants conducted, financed, managed, supervised, directed or owned an illegal gambling business at a property in Waianae. The group allegedly hosted multiple, large-scale chicken fights, called “derbies,” at the property between June 2020 and March 2023, that involved gambling on the fights, as well as other unlawful games of chance. Count 3 charges Edward Caspino with the operation of illegal game rooms.

If convicted, each defendant faces a term of imprisonment of up to five years, a fine of up to $250,000, and supervised release of up to three years on each of Counts 1, 2, and 3.

Edward Caspino also made an initial appearance today on a separate Criminal Complaint in which he is charged with three counts of distribution of 50 grams or more of methamphetamine. According to the Criminal Complaint, on three occasions in July 2021, Edward Caspino distributed approximately one pound of methamphetamine to an individual working with federal law enforcement. Each of these counts carries a mandatory minimum sentence of ten years incarceration, a maximum sentence of life in prison, and a fine of up to $10,000,000.

The charges in the Indictment and Criminal Complaint are merely accusations, and each of the charged individuals is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law. In the case of conviction, any sentence would be imposed by a United States District Judge based on the statutory sentencing factors and the advisory United States Sentencing Guidelines.

The charges are the result of a joint investigation conducted by the Drug Enforcement Administration, the Department of Homeland Security – Homeland Security Investigations, the Federal Bureau of Investigation, and the Coast Guard Investigative Service. The cases are being prosecuted by Assistant U.S. Attorney Michael F. Albanese.

A federal grand jury in Honolulu returned an indictment yesterday charging a Hawaii woman with filing false tax returns, wire fraud, money laundering and structuring related to her fraudulent application for unemployment assistance due to the COVID-19 pandemic.

According to the indictment, for 2016 through 2020, Heidi Cafirma, of Waipahu, filed with the IRS false joint personal tax returns for her and her spouse that underreported their total, business or other income and total taxes owed.

Cafirma allegedly also submitted a fraudulent application requesting Pandemic Unemployment Assistance benefits to which she was not entitled. From approximately June 2020 through September 2021, Cafirma allegedly filed weekly unemployment benefit certification forms in support of her application, falsely claiming she was not working or earning any income during the certification period. As a result, Cafirma allegedly received approximately $70,500 in fraudulent benefit payments. She also allegedly laundered money, and on three separate occasions in August 2018, allegedly made cash deposits each under $10,000 into two separate bank accounts in an effort to avoid currency transaction reporting requirements.

If convicted, Cafirma faces a maximum penalty of three years in prison for each false return count, 20 years in prison for each count of wire fraud, 10 years in prison for money laundering and five years in prison for illegal structuring. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and U.S. Attorney Clare E. Connors for the District of Hawaii made the announcement.

IRS-Criminal Investigation is investigating the case.

Trial Attorney Sarah A. Kiewlicz of the Tax Division and Assistant U.S. Attorney Craig S. Nolan for the District of Hawaii are prosecuting the case.

An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

The Justice Department announced today that Hawaii-based developer, Albert C. Kobayashi Inc., and other defendants have agreed to pay $120,000 to settle claims that they violated the Fair Housing Act (FHA). The department’s lawsuit, filed in 2019 and amended in 2022, alleges that the defendants failed to design and build five multifamily housing complexes in Hawaii with required accessible features for persons with disabilities.

Under the agreement, which must be approved by the U.S. District Court for the District of Hawaii, the defendants are required to make extensive retrofits at the properties, including replacing or modifying steps and overly steep slopes on sidewalks and walkways, lowering mailboxes so that people with disabilities can reach them and modifying doorways, kitchens and bathrooms so that persons in wheelchairs can use them. The defendants will also pay $200,000 for additional accessibility-related improvements at one of the properties.

“People with disabilities have the right to safe and accessible housing,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Under this agreement, hundreds of apartment units in Hawaii will be significantly improved so that people with disabilities are able to easily navigate the property. The Justice Department will continue to aggressively enforce our federal civil rights laws to address discrimination faced by people with disabilities across our country.”

“These Hawaii developers were required by law to provide accessibility features for persons with disabilities,” said U.S. Attorney Clare E. Connors for the District of Hawaii. “Enforcement of these federal rights is a priority, and this settlement marks significant progress towards achieving it.”

The five properties in this case are Napilihau Villages, in Lahaina; Napili Villas, in Lahaina; Wailea Fairway Villas, in Kihei; Kahului Town Terrace, in Kahului; and Palehua Terrace Phase I, in Kapolei. Two of these properties — Kahului Town Terrace and Palehua Terrace Phase I — were designed as affordable housing under the federal government’s Low Income Housing Tax Credit program. The other defendants are Martin V. Cooper, Design Partners Inc., Michael N. Goshi, Fritz Johnson Inc., Frederick M. Johnson, Stanford Carr Development LLC, SCD Wailea Fairways LLC, Sato & Associates Inc., Fukumoto Engineering Inc., Rojac Construction Inc., Delta Construction Corp., Warren S. Unemori Engineering Inc., GYA Architects Inc. and Goodfellow Bros. LLC.

The Justice Department’s Civil Rights Division enforces the FHA, which prohibits discrimination in housing based on disability, race, color, religion, national origin, sex and familial status. The FHA requires that residential buildings with four or more units constructed after March 13, 1991, have basic accessible features. More information about the Civil Rights Division and the laws it enforces is available at www.justice.gov/crt. Individuals may report disability discrimination or other forms of housing discrimination by calling the Justice Department’s Housing Discrimination tip line at 1-833-591-0291, e-mailing the Justice Department at fairhousing@usdoj.gov or submitting a report online. Individuals may also report such discrimination by contacting Department of Housing and Urban Development at 1-800-669-9777 or by filing a complaint online.

View the proposed consent order here.

HONOLULU – After a four-day jury trial before Senior United States District Judge Susan Oki Mollway, a federal jury yesterday found Luis Miguel Castro Alavez, 31, of Mexico, guilty of conspiracy and attempted possession with intent to distribute 500 grams or more of methamphetamine. Sentencing is scheduled for February 7, 2024.

According to the evidence presented at trial, during at least June 15, 2023 to June 28, 2023, Castro Alavez conspired with persons in Hawaii, California, and Mexico to distribute methamphetamine in Hawaii. Castro Alavez flew from California to Hilo, stayed in a vacation rental, and waited for a shipment of methamphetamine to arrive in the mail from his co-conspirators in California. On June 28, the landlord of the vacation rental, upon partially opening the parcel after its arrival, discovered suspected drugs and contacted Hawaii County Police, who arrested Castro Alavez later that day. Prior to the arrival of the parcel, Castro Alavez wired payments from Hilo to his co-conspirators in Mexico and mailed cash packed into chocolate boxes to his co-conspirators in California.

Both counts carry a mandatory minimum sentence of ten years and a maximum of life in prison. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

This conviction is the result of an investigation conducted by Homeland Security Investigations and the Hawaii County Police Department. Assistant U.S.

Attorneys Michael F. Albanese and Gregg Paris Yates prosecuted the case.

A federal grand jury in Honolulu returned a superseding indictment yesterday charging a Hawaii man with obstruction, witness tampering, and structuring, while awaiting trial on previous charges of securities fraud, conspiracy, mail fraud, and wire fraud. 

According to the superseding indictment, on Jan. 4, Curtiss Jackson, 70, of Honolulu, allegedly obstructed an official proceeding for fleeing the United States’ territorial waters aboard the Semisub One, a semisubmersible vessel controlled by Jackson’s company, Semisub Inc. Semisub One was the subject of forfeiture proceedings in the District of Hawaii in connection with Jackson’s pending criminal case. On the day before his flight, Jackson also allegedly withdrew more than $24,000 in cash from multiple checking transactions in a manner designed to avoid federal bank reporting requirements. 

Additionally, Jackson allegedly sent a death threat to a co-conspirator during the grand jury’s original investigation. The text message contained a link to an online video entitled “Death of FBI Informants” containing clips from a television series depicting the deaths of several characters on the show who had cooperated with the FBI.

Jackson’s case is pending in the U.S. District Court for the District of Hawaii. Each count carries a maximum penalty of 20 years in prison, except for the structuring charge, which carries a maximum penalty of five years in prison. Jackson is charged with committing obstruction and structuring while on pre-trial release, which carries an additional consecutive sentence of up to 10 years in prison. 

Acting Assistant Attorney General Nicole M. Argentieri of the Justice Department’s Criminal Division, U.S. Attorney Clare E. Connors for the District of Hawaii, Inspector in Charge Eric Shen of the U.S. Postal Inspection Service (USPIS) Criminal Investigations Group, and Special Agent in Charge Adam Jobes of the IRS Criminal Investigation (IRS-CI) Seattle Field Office made the announcement.

The USPIS and IRS-CI are investigating the case.

Trial Attorneys Matthew Reilly and Christopher Fenton of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Aislinn Affinito for the District of Hawaii are prosecuting the case.

If you believe you are a victim in this case, please contact the USPIS victim hotline at (202) 305-6736.

An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

HONOLULU – On October 10, 2023, United States Chief District Judge Derrick K. Watson sentenced Lyle Cummings, 47, of Maui, to ten and a half years of imprisonment and seven years of supervised release for attempted coercion and enticement of a child to engage in sexual activity, as well as trafficking cocaine and crack. Cummings was tried before a jury in June 2023, and found guilty on all counts.

At trial, the United States presented evidence that in March 2020, Cummings communicated online for days with a person he believed to be a 13-year-old girl. During the online conversation, Cummings attempted to persuade, induce, entice, or coerce the minor to engage in sexual activity with him. The defendant then drove his truck to meet her at an agreed-upon location in Kihei, Maui. In reality, the defendant had been communicating with an undercover law enforcement officer, and not a 13-year-old minor. When the defendant arrived at the meet-up location, law enforcement arrested him. The next day, law enforcement executed a search warrant on the truck and found, among other items, cocaine and crack packaged for sale.

“This trial revealed how predators like Cummings utilize social media to entice and exploit children, which is appropriately punishable by a mandatory sentence of ten years incarceration,” said U.S. Attorney Clare E. Connors. “The fact Cummings possessed both cocaine and crack when he showed up to engage in sexual activity with a 13-year-old demonstrates the myriad dangers child victims face in these horrific situations.”

“HSI special agents won’t ever relent when it comes to protecting children and arresting individuals who prey on our most vulnerable,” said Homeland Security Investigations (HSI) Honolulu Special Agent in Charge John F. Tobon. “Child exploitation is one of the most serious crimes HSI investigates due to the lasting psychological and physical damage it can inflict on victims. We are proud to work closely with our law enforcement partners to make communities safer.”

This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the Department’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.

Homeland Security Investigations conducted the investigation that resulted in the indictment. Assistant U.S. Attorneys Christine Olson and Rebecca A. Perlmutter are prosecuting the case.

HONOLULU – Kanani Padeken, 38, of Kaaawa, was sentenced today in federal court by Chief United States District Judge Derrick K. Watson to ten months imprisonment, two years supervised release, and forfeiture of the $28,400 in bribes she took in exchange for expediting the approval of permits issued by the Department of Planning and Permitting (DPP) of the City and County of Honolulu. The sentence reflects Padeken’s substantial assistance to the government in the investigation and prosecution of others.

After a lengthy investigation by the Federal Bureau of Investigation (FBI) into corruption at the DPP, honest services wire fraud charges were filed against six individuals, including Padeken, arising out of schemes in which employees of the DPP took bribes in exchange for performing official acts at DPP. The other five defendants also entered guilty pleas and have been sentenced:

• Wayne Inouye, 66, of Honolulu, a former Chief Building Inspector at DPP, was sentenced on May 24, 2023, to 60 months imprisonment, two years supervised release, and a $100,000 fine for taking more than $103,000 in bribes and for making false statements to federal investigators with intent to conceal his crimes, in Cr. No. 21-00034 LEK. Because Inouye returned the bribe money after learning of the government’s investigation, a fine, rather than forfeiture, was sought by the government.

• Jennie Javonillo, 73, of Waipahu, a former Building Plans Examiner at DPP, was sentenced on June 27, 2022, to 30 months imprisonment, two years supervised release, a $5,000 fine, and forfeiture of the $58,000 in bribes she took, in Cr. No. 21-00038 DKW.

• Jason Dadez, 45, of Honolulu, a former Building Inspector at DPP, was sentenced on July 6, 2022, to 18 months imprisonment, two years supervised release, and forfeiture of the $12,900 in bribes he took, in Cr. No. 21-00037 DKW.

• William Wong, 73, of Honolulu, an architect, was sentenced on July 27, 2023, to 12 months and one day imprisonment, three years supervised release, and a fine of $5,000, for making bribes of more than $117,000 to DPP employees, in Cr. No. 21-00041 DKW. The sentence reflects Wong’s substantial assistance to the government in the investigation and prosecution of others.

• Jocelyn Godoy, 60, of Pearl City, a former employee of the Data Access and Imaging Branch at DPP, was sentenced on August 30, 2023, to 60 days imprisonment and two years supervised release for taking more than $800 in bribes, in Cr. No. 21-00036 DKW. The sentence reflects Godoy’s substantial assistance to the government in the investigation and prosecution of others.

According to information presented to the court, while employed by DPP as a Building Plans Examiner at DPP, Padeken solicited bribes from architects and others in exchange for expediting the approval of building permits by DPP. Those who paid bribes to Padeken had their permit applications sped through the DPP approval process ahead of other applications. From January 2017 to March 2020, Padeken solicited and accepted bribes of at least $28,400 from Wong.

“This series of prosecutions exposed a pay-to-play system whereby public officials blithely violated their positions of trust for personal gain, and businesspersons readily bought an unfair advantage over their fellow law-abiding citizens,” said United States Attorney Clare E. Connors. “Because the people of Hawaii deserve honest and accountable public institutions, our office will vigorously pursue these types of integrity crimes and do our part to restore confidence in government.”

“This sentence marks the end of these DPP employees scheming and accepting bribes, thus corrupting the system,” said FBI Special Agent in Charge Steven Merrill. “Today’s sentence reinforces to the public that the FBI remains committed in investigating and holding those accountable as they deprived the people of Honolulu of the honest services to which they’re entitled.”

The Federal Bureau of Investigation conducted the investigation that resulted in the convictions. Assistant U.S. Attorneys Michael Nammar and Craig Nolan prosecuted the case.

HONOLULU – On September 5, 2023, Oseola Vakameilalo, 54, of Kunia, Hawaii was arraigned in federal court and pled not guilty to all 12 charges in an indictment relating to fraud in connection with the Pandemic Unemployment Assistance (PUA) unemployment insurance program. Federal law enforcement arrested Vakameilalo on September 5, 2023, after a federal grand jury had returned the indictment on August 24, 2023. Trial was set for October 31, 2023, before Senior District Judge Susan Oki Mollway. Vakameilalo was ordered released on pretrial conditions.

According to the indictment, Vakameilalo is charged with wire fraud in connection with a scheme to defraud Hawaii residents of PUA unemployment benefit payments to which they were qualified to receive. In 2020, the Coronavirus Aid, Relief, and Economic Security (CARES) Act Congress created the PUA program to provide emergency unemployment payments to certain workers whose livelihoods were impacted adversely by the COVID-19 pandemic, but who were ineligible for traditional state unemployment insurance benefits.

The indictment alleges that Vakameilalo purported to assist individuals with filing claims for PUA unemployment benefit payments. Among other things, she created profiles for them on the Hawaii Department of Industrial and Labor Relations (DLIR) website using their personal information, including social security number and date of birth, as well as their bank account information to receive direct deposits of benefit payments. The indictment further alleges that, for each individual claimant, Vakameilalo then logged onto the Hawaii DLIR website with the username and password she had created for the claimant and submitted weekly certifications that the claimant remained eligible for benefit payments so that the claimant could obtain payments.

The indictment alleges that after the claimant had received a certain number of payments, Vakameilalo used the claimant’s log-in credentials to access the claimant’s DLIR account without the claimant’s knowledge and consent. While falsely purporting to be or to represent the claimant, Vakameilalo then changed the bank account she previously had designated to receive the PUA unemployment benefit payments from the claimant’s bank account to her own. The indictment alleges that Vakameilalo continued to use the claimant’s credentials regularly to log on to the claimant’s Hawaii DLIR account, without the claimant’s knowledge and consent, to submit the certifications required for the benefit payments to continue, knowing that the payments would be made to her own bank account and not the claimant’s. According to the indictment, Vakameilalo fraudulently obtained approximately $52,270 in PUA unemployment benefits that were intended for other individuals.

“These criminal acts were committed for personal gain and at the expense of people who needed and deserved financial assistance during a global pandemic.” said U.S. Attorney Clare E. Connors. “We will pursue criminal consequences for individuals who unlawfully take advantage of federal financial assistance programs created during times of widespread financial need.”

“Charged with investigating allegations of fraud against the U.S. Department of Labor’s unemployment insurance programs, including the Pandemic Unemployment Assistance program, the DOL-OIG is committed to working relentlessly to protect the integrity of these vital benefits,” said Quentin Heiden, Special Agent-in-Charge, Western Region, U.S. Department of Labor, Office of Inspector General. “We are grateful to the U.S. Attorney’s Office in the District of Hawaii, the Hawaii Department of Labor and Industrial Relations, the Hawaii Attorney General’s Office, the FBI, and our other federal partners for their strong partnership and collaboration on these types of investigations.”

“'This defendant took advantage of those families who came to her for assistance and instead diverted funds for her own personal gain," said FBI Special Agent in Charge Steven Merrill. "The FBI will ensure that cases like these will be investigated to the fullest extent of the law."

Vakameilalo is charged with ten counts of wire fraud and two counts of aggravated identity theft. Each of the wire fraud counts carries a maximum penalty of 30 years in prison and a fine of up to $1,000,000. Each of the aggravated identity theft counts carries a sentence of two years in prison.

An indictment is merely an accusation, and the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.

Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) at 866-720-5721 or online at www.justice.gov/DisasterComplaintForm.

This case is being investigated by the U.S. Department of Labor, Office of Inspector General and the Federal Bureau of Investigation. It is being prosecuted by Assistant U.S. Attorney Gregg Paris Yates.

A Colorado man was arrested on Aug. 25 and charged with cyberstalking three individuals and obstructing justice.

According to the indictment filed in the District of Hawaii, around May 2022 to August 2022, John B. Hart, 53, of Louisville, while living in Hawaii, allegedly engaged in a cyberstalking campaign to harass and intimidate his former girlfriend, Jane Doe 1; her former partner, John Doe 1; and her then-partner, John Doe 2. Hart allegedly frequently posed as John Doe 1 while he targeted Jane Doe 1 and John Doe 2. To deflect attention away from himself and further falsely implicate John Doe 1, Hart also allegedly repeatedly targeted himself, typically while posing as John Doe 1. Hart allegedly falsely reported to Jane Doe 1, John Doe 1’s employer, local law enforcement, federal law enforcement, and the family courts that John Doe 1 was responsible for the conduct and posed a genuine and serious threat to Hart and others. Hart then allegedly deleted one of his personal e-mail accounts two days after being interviewed by federal investigators.

Hart was arrested in Colorado and charged with three counts of cyberstalking and obstruction of justice. If convicted, Hart faces five years in prison on each count of cyberstalking and 20 years for obstruction.

Acting Assistant Attorney General Nicole M. Argentieri of the Justice Department’s Criminal Division, U.S. Attorney Clare E. Connors for the District of Hawaii, and Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division made the announcement.

The FBI is investigating the case.

Senior Trial Attorney Mona Sedky of the Criminal Division’s Computer Crime and Intellectual Property Section and Assistant U.S. Attorneys Sara D. Ayabe and Aislinn Affinito for the District of Hawaii are prosecuting the case.  

HONOLULU – As the devastation of our communities on Maui and Hawaii Island continues to unfold, local and national organizations have created ways for volunteers to assist as well as to provide donations of food, money and other resources. While such efforts provide critical aid, we know that during periods of tremendous need like this, criminals do not hesitate to take advantage of the challenging times to commit fraud and other crimes. For instance, we frequently have seen bad actors do the following during emergencies:

• Use fake charities to solicit donations by either falsely using the names of well-known charities or reasonably presenting as charities that can assist in a disaster;
• Impersonate government officials promising disaster assistance if victims provide money or personal information to the impersonator, including information like dates of birth, social security numbers, and bank account information;
• Impersonate insurance provider representatives requesting money and personal information;
• Solicit victims to invest in non-existent businesses and ventures offering recovery services such as cleanup, rebuild options, and products to make homes more resistant to future disasters such as wildfires;

Moreover, victims are frequently further victimized by property theft of businesses and residences abandoned during the disaster. To avoid becoming a victim of these types of crimes, here are a few suggestions:

• Only make donations to known charities. Research the charity by visiting recognized charity information/rating websites such as the www.Give.org, CharityNavigator.org, and CharityWatch.org;
• Do not make a donation in response to an e-mail, instant message, phone call, text, etc. Contact the charity directly through its website or public telephone number;
• Do not respond to any unsolicited (spam) incoming e-mails, including clicking links contained within those messages, because they may contain computer viruses;
• Never assume that charity solicitations posted on the internet and social media are legitimate;
• Avoid cash donations to charities - use a credit card or pay with a check;
• Never transmit donations to a named individual;
• Avoid being victimized by impersonators of government officials, insurance companies, investment companies, and other such actors by terminating phone call solicitations or other efforts to engage (e.g., email, texts). Instead, directly call the government agency, insurance company, and/or investment company using a well-advertised/posted phone number and/or e-mail address.

Individuals who have been targeted by fraudsters or been the victim of disaster-related fraud are encouraged to contact the National Center for Disaster Fraud (NCDF) at (866) 720-5721 or online at www.justice.gov/DisasterComplaintForm. The NCDF is a partnership between the U.S. Department of Justice and various law enforcement and regulatory agencies that serves as a national coordinating agency within the Criminal Division of the Department of Justice to improve and further the detection, prevention, investigation, and prosecution of fraud related to natural and man-made disasters, and to advocate for the victims of such fraud.

HONOLULU – After a jury trial before United States District Judge Leslie E. Kobayashi, a federal jury today found Oahu resident and former Utah resident Brian Melvin Brandenburg (age 64) guilty of seven counts of sending e-mail threats to bomb buildings in the State of Utah and across the United States. Judge Kobayashi ordered the defendant’s continued detention in custody pending his sentencing, before her on November 9, 2023.

At trial, the evidence as to Counts 1 and 2 showed that on May 4, 2022, while in Hawaii, the defendant sent an e-mail to, among other people, persons identified as Victim 1 and 2 in the indictment, State of Utah Court employees who were within the Courthouse, threating to bomb the 3rd District Courthouse in Salt Lake City, Utah. Both employees were involved with the defendant’s then pending divorce case. According to the evidence presented at trial as to Count 3 – 7, on May 4 and 6, 2022, the defendant sent more e-mails to various recipients in Utah threatening to bomb the Utah State Capitol; Mayor’s Office in the Salt Lake City, Utah; every Ivy League School; the United States Courthouse in San Diego; and Hall Labs and the University of Utah Center for Medical Innovation both in Utah. According to the evidence presented at trial, the defendant told the FBI that he “wanted to get their attention.”

Count 1 carries a maximum sentence of 20 years of imprisonment and Counts 2 – 7 carry a maximum sentence of 10 years of imprisonment for each count. Sentences are imposed based upon the U.S. Sentencing Guidelines and other statutory factors.

The Federal Bureau of Investigation, Provo Police Department, and the University of Utah Police department conducted the investigation that resulted in this conviction. Assistant U.S. Attorneys KeAupuni Akina and Darren W.K. Ching prosecuted the case.

HONOLULU – Brian Ahakuelo (age 61) was sentenced today in federal court by Senior United States District Judge Helen Gillmor to 140 months imprisonment and three years of supervised release for conspiracy, wire fraud, and embezzlement for crimes committed while he was employed by the International Brotherhood of Electrical Workers (“IBEW”) Local 1260 and ordered to pay restitution in the amount of $209,391.72. A federal trial jury found Ahakuelo and his wife, Marilyn Ahakuelo (age 59), guilty of those crimes after a four-week trial on November 21, 2022. Brian Ahakuelo has been detained in custody since the jury verdict.

Brian Ahakuelo and Marilyn Ahakuelo were both convicted of one count of conspiracy and 42 counts of wire fraud, and also convicted of embezzlement of a labor union asset (six counts and three counts, respectively). Brian Ahakuelo alone was convicted of 19 counts of money laundering. Judge Gillmor previously sentenced Marilyn Ahakuelo to 70 months in prison for her convictions.

At trial, the evidence showed that Brian Ahakuelo, who served as IBEW’s Business Manager and Financial Secretary, hired family members at high salaries and authorized the use of union funds for personal purposes, including extravagant travel for himself and those loyal to him. In the case of one family member hired by Brian Ahakuelo, little legitimate work was performed. The evidence at trial also showed that Brian and Marilyn Ahakuelo used union funds to purchase personal trips to the mainland, and that Brian Ahakuelo engaged in self-dealing by using union funds to purchase a truck already owned by Marilyn Ahakuelo while allowing her to continue to use it. When his activities largely depleted the union’s coffers, Brian Ahakuelo, with the help of Marilyn Ahakuelo and other union employees, rigged a vote on a resolution to increase membership dues. The voter fraud caused members to pay an additional $3.7 million in dues over approximately eighteen months.

“Labor leaders have a fiduciary duty to their members, and in this case, the jury returned its verdict after hearing extensive testimony and reviewing voluminous documentary evidence of Brian and Marilyn Ahakuelo’s criminal violation of that duty,” said United States Attorney Clare E. Connors. “Our office will continue to work with our law enforcement partners to ensure criminal consequences in a court of law when this type of misconduct occurs.”

“Former Vice President Hubert Humphrey once said, ‘America is a living testimonial to what free men and women, organized in free democratic trade unions, can do to make a better life.’ Unfortunately, Brian and Marilyn Ahakuelo used their union to better their own lives, causing immense harm to all their fellow union members,” said Special Agent in Charge Adam Jobes, IRS Criminal Investigation (IRS-CI), Seattle Field Office. “Let today’s sentence be a cautionary tale to other would-be fraudsters that IRS-CI is committed to bringing criminals like the Ahakuelos to justice.”

“Brian Ahakuelo betrayed the trust of the union membership to protect and safeguard their union’s funds for the benefit of its members. The Office of Labor-Management Standards will continue to protect unions by bringing to justice, and seeking restitution from, any official who chooses to use union funds for their own benefit,” said Ed Oquendo, District Director, Los Angeles District Office, U.S. Department of Labor, Office of Labor-Management Standards.

“Brian Ahakuelo betrayed the hardworking union members of the IBEW Local 1260,” said Hawai`i Attorney General Anne Lopez. “This case demonstrates the commitment of the Hawai`i Department of the Attorney General to collaborate with our federal partners in investigating and prosecuting those who abuse their positions of trust in this state. I extend profound gratitude to the U.S. Attorney’s Office, the Internal Revenue Service, and the U.S. Department of Labor for their outstanding work on this case.”

This conviction is the result of an investigation conducted by the Internal Revenue Service-CI, Department of Labor – Office of Labor Management Standards, and State of Hawaii Attorney General’s Office. Assistant U.S. Attorneys Michael F. Albanese and W. KeAupuni Akina prosecuted the case.

HONOLULU –Senior United States District Judge Helen Gillmor imposed prison sentences of 130 months on Treston Cory Kawailani Hardin, 35, of Waiawa, Hawaii, and 120 months on Anthony Kelii Mark, 31, of Wahiawa, Hawaii on July 13 and 14, 2023, respectively, for carjacking.

According to information presented to the court, on March 14, 2020, Hardin and Mark drove a stolen car to the Waipio Soccer Complex and parked alongside the victim, who was seated in the driver’s seat of a Nissan truck. Hardin then exited his car, walked over to the victim’s truck, opened his passenger’s side door, and displayed a bolt-action shotgun. Hardin then loaded a round into the shotgun and pointed the shotgun at the victim. Mark then approached the victim’s truck from the driver’s side and ordered the victim out of the truck. The victim complied and fled, as Hardin and Mark took his truck.

This case is part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders works together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

The Honolulu Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation that resulted in the convictions. Assistant U.S. Attorneys Gregg Paris Yates and Darren W.K. Ching handled the prosecution.

HONOLULU – Wayne Inouye, 66, of Honolulu, was sentenced today in federal court by United States District Judge Leslie E. Kobayashi to 60 months imprisonment, two years supervised release, and a $100,000 fine for taking more than $103,000 in bribes in exchange for expediting the approval of permits issued by the Department of Planning and Permitting (DPP) of the City and County of Honolulu and for making false statements to federal investigators with intent to conceal his crimes.

After a lengthy investigation by the Federal Bureau of Investigation (FBI) into corruption at the DPP, honest services wire fraud charges were filed against six individuals, including Inouye, arising out of schemes in which employees of the DPP took bribes in exchange for performing official acts at DPP. The other five defendants have also entered guilty pleas:

• Jennie Javonillo, 73, of Waipahu, a former Building Plans Examiner at DPP, was sentenced on June 27, 2022, to 30 months imprisonment, two years supervised release, a $5,000 fine, and forfeiture of $58,000, in bribes in Cr. No. 21-00038 DKW;
• Jason Dadez, 45, of Honolulu, a former Building Inspector at DPP, was sentenced on July 6, 2022, to 18 months imprisonment, two years supervised release, and forfeiture of $12,900 in bribes, in Cr. No. 21-00037 DKW;
• Jocelyn Godoy, 60, of Pearl City, an employee of the Data Access and Imaging Branch at DPP, pled guilty to one count on May 17, 2023, and is scheduled for sentencing on August 30, 2023, in Cr. No. 21-00036 DKW;
• Kanani Padeken, 38, of Kaaawa, a former Building Plans Examiner at DPP, pled guilty to one count on April 7, 2021, and is scheduled for sentencing on August 22, 2023, in Cr. No. 21-00040 DKW; and
• William Wong, 73, of Honolulu, an architect, pled guilty to one count on April 7, 2021, and is scheduled for sentencing on July 27, 2023, in Cr. No. 21-00041 DKW.

According to information presented to the court, while employed by DPP as the Chief Building Inspector with supervisory responsibility for approximately 20 employees, Inouye solicited bribes from architects, contractors, and others in exchange for expediting the approval of building permits by DPP. Those who paid bribes to Inouye had their permit applications sped through the DPP approval process ahead of other applications. From September 2016 to September 2017, Inouye solicited and accepted bribes of at least $89,205 from Wong. From February 2012 to August 2017, Inouye solicited and accepted bribes of at least $3,425 from a signage contractor. From April 2012 to January 2016, Inouye solicited and accepted bribes of at least $9,685 from a building contractor. From February 2012 to December 2017, Inouye solicited and accepted bribes of at least $1,825 from a second signage contractor.

Other information provided to the court relates that during an interview with an Assistant United States Attorney and an FBI agent on July 11, 2019, Inouye falsely stated that the payments from Wong were a loan. Inouye claimed that he had borrowed approximately $100,000 from Wong for a real estate auction and repaid him with interest. In fact, as Inouye admitted during his guilty plea, the payments from Wong were bribes. In an effort to conceal his bribery scheme, Inouye repaid Wong in October 2017 after learning that the FBI was investigating corruption at DPP.

“The integrity of all government employees is diminished by the criminal acts of those who compromise their positions for personal gain,” said United States Attorney Clare E. Connors. “The Court’s sentence reflects the damage done to the public’s trust and the need to deter such conduct from happening in the future. A top priority of our office remains ferreting out public corruption and holding all involved in such crimes accountable.”

"The public deserves ethical and transparent officials and institutions" said Federal Bureau of Investigation Special Agent in Charge Steven Merrill. “The FBI continues to vigorously pursue criminals who attempt to violate the public's trust."

The Federal Bureau of Investigation conducted the investigation that resulted in the convictions. Assistant U.S. Attorneys Michael Nammar and Craig Nolan prosecuted the case.

HONOLULU – Lindsey Kinney, 44, of Kaneohe, was sentenced today in federal court by Chief United States District Judge Derrick K. Watson to 37 months imprisonment and three years of supervised release for posting two threats to kill others on Instagram. Kinney was found guilty of those crimes by a federal trial jury on February 8, 2023. Kinney has been detained since his arrest on April 13, 2022.

According to the evidence presented at trial, the evidence as to Count 1 showed that in January 2022, defendant posted on his Instagram account threats to cut off the heads of persons identified as Victims 1, 2, and 3 in the indictment and their social media profiles. Victim 1 believed defendant threatened Victims 1 and 2 because Victim 1, acting in his official capacity as a government official, had recently been involved in two encounters with another individual, and the defendant repeatedly referred to Victim 1’s official title. Victim 2 is the wife of Victim 1, and Victim 3 is a close friend of them both.

The information presented as to Count 2, was that in March 2022, Kinney publicly posted on his Instagram account a 15-minute videorecording in which he and a second unseen person made threats to kill Victim 4 and Victim 5, both government officials, and to injure Victim 4’s security staff, including stating, “we cut their heads off right in the [obscenity omitted] palace, for treason -- for treason and human trafficking.” After learning of the threatening post, Victim 4’s security staff increased its vigilance, familiarizing themselves with defendant’s appearance and scrutinizing those who approached Victim 4 to ensure that defendant did not get close to Victim 4. Similarly, in response to Kinney’s post and until the arrest operation began, armed personnel were present at Victim 5’s office during working hours to protect Victim 5 and his staff should defendant appear.

“This prosecution and sentence by the Court send an important message that conduct engaged in on social media can have serious criminal consequences,” said United States Attorney Clare E. Connors. “Posting threats to kill specific targets on social media like Instagram criminally terrorizes members of our community and will not be tolerated by federal law enforcement.”

The Federal Bureau of Investigation conducted the investigation that resulted in the convictions. Assistant U.S. Attorney Craig Nolan prosecuted the case.

HONOLULU – Charles Kimo Brown, 64, of Mililani, was sentenced today in federal court by United States District Judge Leslie E. Kobayashi to 24 months of imprisonment, a fine of $96,000, a forfeiture money judgment of $1,425.01, and three years of supervised release for embezzling $96,000 while he was the Secretary-Treasurer of the Hawaii Longshore Division of the International Longshore and Warehouse Union Local 142.

According to information presented to the court, as the former Secretary-Treasurer of the Hawaii Longshore Division, Brown was paid according to vouchers that he submitted to the accounting department of Local 142. The hours Brown was supposed to list on the vouchers were based upon the “lost time” that he could have worked for his employer, McCabe, Hamilton & Renny Co., Ltd., where he worked as a machine operator. This was an “honor system” which depended upon the honesty of the defendant and other union officers to accurately report the number of hours they could have worked for their employers instead of working for the union.

While Brown was charged with submitting two false wage vouchers that resulted in him embezzling $1,425.01, the prosecution argued during the trial, and in sentencing, that he should be held accountable for all of the false vouchers that he submitted while acting as Secretary-Treasurer of the union, including 384 false entries, with a total embezzlement of $96,000 during a span of 4.5 years. Judge Kobayashi agreed and sentenced him to a term of imprisonment of 24 months and a fine of $96,000.

In sentencing Brown, Judge Kobayashi stated that she was “troubled” by the facts that the defendant had breached the trust his fellow union members had given him by stealing $96,000 from them during a long, 4.5-year period. While she recognized that there were a number of mitigating factors, and she took them into account, she found that a sentence of 24 months was necessary to reflect the seriousness of the defendant’s crimes and to deter others from committing similar ones.

The case resulted from an investigation by the Department of Labor and the Internal Revenue Service – Criminal Investigation. Assistant U.S. Attorney Marshall Silverberg and Special Assistant U.S. Attorney Nicole Hudspeth handled the prosecution.

HONOLULU – Senior United States District Judge Susan Oki Mollway sentenced Ty J.K. Cullen, age 42, former Hawaii State Representative and Vice Chair of the House Committee on Finance to serve 24 months in federal prison for honest services wire fraud which consisted of his acceptance of multiple bribes in return for performing, and agreeing to perform, official legislative acts on behalf of a Hawaii businessperson.

According to the prosecution’s argument to the Court, Cullen accepted bribery payments on eight (8) separate occasions over the course of several years from a person identified as “Person A” in the Information. Cullen initially accepted casino chips in New Orleans from Person A and later supported legislation that would benefit Person A’s company. More recently, in September of 2019, Cullen accepted a $5,000 bribe from Person A for anticipated legislative assistance that would benefit Person A’s company. Cullen subsequently accepted payments in the amounts of $3,000 in December 2019, $5,000 in January 2020, and then $10,000 on March 10, 2020, $2,000 in June 2021 and $5,000 in October 2021. The payments Person A made to Cullen were for the purpose of influencing Cullen to support or manipulate legislation that would benefit Person A’s company.

According to other information provided to the court, on his annual mandatory gift disclosure reports, Cullen failed to report any of the bribes and gifts paid and given to him by Person A. As a part of his official gift disclosure submissions, Cullen emailed a false and misleading disclosure form, thereby using interstate commerce.

“Cullen’s acceptance of bribes while serving as a state legislator significantly undermined the public’s confidence in its elected officials,” said U.S. Attorney Clare E. Connors. “By using his position to accumulate personal wealth, he betrayed the trust of those who elected him . This office has prioritized public corruption investigations and will hold officials who violate the public trust accountable by prosecuting them to the full extent of the law.”

"The insidious nature of public corruption is such that it gradually erodes the very fabric of our society, causing widespread damage to our institutions and corroding the public's trust in them," said FBI Special Agent in Charge Steven Merrill. "This sentence unequivocally signals that acts of public corruption will not be condoned, and that the FBI will persist in its relentless efforts to investigate these individuals who misuse their positions of power for personal gain."

The Federal Bureau of Investigation conducted the investigation that resulted in the filing of the Information. Assistant U.S. Attorneys Ken Sorenson, Micah Smith and Michael Albanese handled the prosecution.

HONOLULU –Leihinahina Sullivan, 51, of Lihue, Kauai, was sentenced today before United States District Judge J. Michael Seabright to 17 years in prison and three years of supervised release for three counts of wire fraud and one count of aggravated identity theft related to multiple long-running fraudulent schemes. Sullivan previously pleaded guilty to these offenses in July 2021. She is also required to pay $3,396,035.15 in restitution to various victims and public and private entities and subject to a penalty of $2,012,41.92 in forfeiture for the criminal proceeds of her offenses. In sentencing Sullivan, Judge Seabright described the “staggering scope, length, and complexity” of her criminal conduct.

According to court documents and information presented in court, Sullivan perpetrated three fraud schemes beginning as early as January 2011, through at least July 2019. Sullivan devised a tax fraud scheme involving over $2.8 million in tax loss, mostly in the form of fraudulent tax refunds from the IRS and the State of Hawaii that she and the other individuals were not entitled to receive. She filed hundreds of false tax returns for herself and for others. The false federal and state tax returns included fictitious expenses, claims for credits, and other items Sullivan knew were false when made. Sullivan did not review these tax returns with the individuals before she filed the tax returns in their names and forged their signatures on many of the returns.

According to further information presented to the court, the second scheme involved educational fraud. For college-bound students, mostly located on the island of Kauai, Sullivan prepared and submitted false student loan, grant, scholarship, and financial aid applications and other documents that requested money from public and private educational-based financial assistance and aid providers. Sullivan transferred some money from students’ financial aid applications to her personal bank accounts and other bank accounts that she controlled, then spent the money on her own personal and other expenses, such as for her home construction, retail purchases, and her bills.

In the last fraud scheme, according to information presented to the court, Sullivan used personal identification information of many individuals, such as social security numbers and birth dates, to apply for and use approximately 40 credit cards in other peoples’ names and under their guaranteed lines of credit without their authorization. Sullivan spent over $1 million on these unauthorized cards.

“This 17-year sentence holds Sullivan accountable for the damage she caused by her years-long fraudulent schemes, the money she stole from individuals in her community and public and private institutions, and her repeated and willful rejection of the rule of law.” said United States Attorney Clare E. Connors. “This sentence will stop Sullivan from continuing to prey on vulnerable members of our community who unwittingly trusted her manipulation and lies.”

“Sullivan has spent the last decade spinning a web of lies, committing fraud, and not caring who she hurt in the process. But that ends today, as Ms. Sullivan faked it until she made it to a real-life prison sentence,” said Special Agent in Charge Bret Kressin, IRS Criminal Investigation (IRS-CI), Seattle Field Office. “While crime may seem to pay in the short run, today’s sentence is a reminder that IRS:CI is committed to bringing real-world consequences for fraud. ”

“I am proud of the work of OIG Special Agents and our law enforcement partners for their work in this case and their dedication to protecting the integrity of Federal funds, and in particular, Federal student aid and the students that rely on those funds to make their dreams of higher education a reality,” said Adam Shanedling, Special Agent in Charge of the Department of Education’s Office of Inspector General’s (DOE-OIG) Western Regional Office. "We will continue to pursue those who exploit innocent students and misappropriate Federal student aid or game their system for their own selfish purposes.”

IRS-CI conducted the investigation resulting in the indictment, in partnership with DOE-OIG, the FBI, and the State of Hawaii, Department of Taxation. Assistant U.S. Attorneys Rebecca Perlmutter and Mohammad Khatib prosecuted the case.