HomeMy WebLinkAboutCOM 0911.002 2008-2010 f
TO: Hawaii County Council 11 August 2010
Dominic Yagong
Donald Ikeda
J Yoshimoto
Dennis Onishi
Emily Naeole
Guy Enriques
Brenda Ford r '.
Kelly Greenwell
Pete Hoffmann
1
FROM: Dan A. Cole
P.O. Box 630
Keaau, Hawaii 96749
RE: Testimony to Comm. 911: (Res. 381-10) before the
Hawaii County Council, Committee On Public Safety
And Parks And Recreation, August 17, 2010.
This Testimony is required by, and in accordance
with, Title 18 United States Code, 18 U.S.C. §4
Misprision of felony, to Hawaii County Council
Members to violations of Hawaii Revised Statutes,
HRS § 707 -764 EXTORTION (1)(i); violations of
Federal RICO Act (Racketeering Influence and
Corrupt Organizations Act) 18 U.S.C. §1961 through
18 U.S.C. § 1968 relating to Extortion & dealing in a
controlled substance.
Dear Council Members of the Hawaii County Council:
As per a 10 August , 2010 tape recorded conversation with Hawaii County Clerk,
Kenneth G. Goodenow, ESQ- JD8022, and other staff members of the Office of the
County Clerk, it is understood that the attached twenty, (20), pages identified as "
REQUEST TO TESTIFY BEFORE THE COUNCIL ABOUT HAWAII'S POLICE
DEPARTMENT'S PATTERN AND HISTORY OF EXTORTION OF THE PEOPLE OF
HAWAII. ", will be entered verbatim as testimony to Comm. 911: (Res. 381 -10) .
1. Of COMM cam, /• FM. Too
Ref. Date 17 2010
By recorded statements of the County Clerk's staff the above twenty page, request
to testify, was copied and circulated among all Council Members, but was not responded
to and therefore not placed on a Council's Agenda and therefore an indirect confession by
all Council Members of their Knowing and Knowingly acts and actions in violation of
HRS §707 -764 EXTORTION, A person commits extortion if the person does any of the
following: (1) Obtain, or exerts control over, the property or services of another with
intent to deprive another of property { property being the State and Federal
Constitutional rights and freedoms of, free speech and the right to petition the
government in redress of grievances} or services {services being the testimony of a
person identifying imminent perils to the safety, health, or welfare of the people to the
Council} by threatening by word or conduct to: (i) Take or withhold action as a public
servant, or cause a public servant to take or withhold such actions.
HRS §707 -769 DEFENSE TO EXTORTION (1) It is a defense to prosecution for
extortion as defined by paragraph (1) of section 707 -764 that the defendant: (4) It is an
affirmative defense to a prosecution for extortion as defined in paragraphs (1) and (2) of
section 707 -764 and further defined by subparagraphs (e), (f), (g), and (i), that the
defendants { Hawaii County Council Members} believed the threatened accusations,
penal charge, or exposure to be true, or the proposed action of a public servant was
justified, ... to induce the victim {Dan A. Cole} to take reasonable actions to prevent
or remedy the wrong {the wrong being the depravation of State and Federal
Constitutional freedoms and rights of free speech and the right to petition the
government in redress of grievance, that grievance being denied the victim the
ability to present evidence to an authority under the United States or the Sovereign
State of Hawaii, of how organized drug operations in Puna are being protected by
Hawaii County Police, and the evidence of a Enterprise of corrupt government
officials committing acts and actions in histories and patterns of racketeering
activities for the benefit of the Enterprise, such Enterprise formed and controlled by
"Local" cultural and ethnic norms and reinforced through associations established
in the of the Richardson School of Law, the Hawaii County Prosecutors Office,
and /or High School Class attended, et. al.} which was the subject of the threatened
accusation, charge, exposure, or action of a public servant in circumstances to which
the threat relates.
Attached to this Testimony are four, (4), pages of emails sent to all Council
members providing information and evidence, to include photographic documentation, to
support a citizens accusations of how the Hawaii County Police Department is involved
in organized drug operations, with a replied acknowledgement sent by Council Member
Emily Naeole, on Thu, August 27, 2009 8:19:45 AM. In addition eleven, (11), pages of
documentation identifying how the Hawaii County Police Department is covering up
information that is an imminent peril to the health, safety, or welfare of the people of
Hawaii, NOTE the signature and statements of the current Police Chief Harry S. Kubojiri
on the release of recorders, dated November 27, 2009 as ordered by the State Office of
Information Practices.
2. Of 3.
r
THEREFORE: based on admitted knowing and knowingly committed acts and actions
of the Hawaii County Council, the Council has identified itself as an Enterprise engaged
in patterns and histories of racketeering activity for the benefit of the Enterprise and in
criminal violation of State and Federal RICO Laws, it is Requested that the Hawaii
County Council make a formal request to the U.S. Justice Department, Washington D.C.,
Criminal Division, Public Integrity Section to investigate their actions, and the actions of
the Hawaii County Police Department, Hawaii State Attorney General office, U.S.
Attorney Office in Hawaii, and the FBI Hawaii Division. The Hawaii County Council has
knowledge, or should have knowledge through the verifiable evidence of the existence of
non - logged, non - filed, and private documentation circulated among the Council members
in violation of Hawaii Sunshine Laws, where one -on -one, serial, group, or
communications through a third party were conducted for the purpose in willful violation
of Hawaii's Sunshine Laws to keep from the people information detrimental to their
health, safety, and welfare, to prevent the exposure of organized government corruption
in the Hawaii County government, Hawaii County Police Department, Hawaii County
Prosecutors Office, Hawaii State government, State Attorney General's Office, the U.S.
Attorney's Office for Hawaii, and FBI offices in Hawaii, that are influenced by an
Enterprise organized and controlled by and through "Local" ethnic and cultural norms
and associations in class membership of the Richardson School of Law, the Hawaii
County Prosecutors Office, High School Class, and other associations in Hawaii.
This request is made to ensure that all political power of this State is kept inherent
in the people.
Thank you for your attention to my Testimony.
Since ly,
Dan A. Cole
Council District #5
Puna
COPY TO: Nancy Cook Lauer, Stephens Media
Jason Armstrong, Tribune - Herald staff writer
ATTACHED FORTY-TWO (42), PAGES
3. Of 3.
Dominic Yagong Guy Enrique,, Member
Chair: Brenda Ford, Membe
L �
Kelly Greenwe ll,11le nn ber
1
• 4 : _ N-:-.--
� /,' ' PeteHoffmann, Member
Dennis "Fresh" Omsk \ _ - :` 1 D onald Ikeda, Member
Yrce Chair - „'. '` Fmily Naeole- Beason, M ember
J Yoslumoto . Member
HAWAII COUNTY COUNCIL`
COMMITTEE ON PUBLIC SAFETY AND
PARKS AND RECREATION
22 Session
DATE: August 17, 2010 (Tuesday)
PLACE Sheraton Keauhou Bay Resort and Spa
78- 128'Ehukai` Street
• Kailua -Kona, Hawaii
TIlVIE 11:30 am.
(Note: Please torn cell phones, pagers jand.olber mobile communication devices on silent mode-)
CALL TO ORDER
STATEMENTS FROM '-11.11k: PUBLIC ON REMAINING °ITEMS ON THE AGENDA
loio REFFRItALS
Comm 911 A RESOLUTION REGARD. 1 11 USE OF UIVIVIARI�ED PATROL
( Res 381 -10) VEHICLE (urging the Clnefto stopusmg u aiked vebicies) POLICE PAT
Fmm Councilmetnber Kelly Greenwell, dated August 3 2010 ; #ransmattsng the above
resolution..
ADJOURNMENT
The meeting place is accessi for persons with; disab h l ies Persons w ho need special
accommodations °:for this meeting should Call 961 8245 byAu I 20.1 Relay users please call
711-961 8245 to contact our office:'`
Copies ofthis agen and iteems hated eon the agenda are available on the County Council-Clerk web
-
page h / co haawaii:hi us/couned/agendas and act ons.liim. For further information, please
call 961 -8245
sec of-eP ofourl
Hawaii Could" is as Equal Oppor�orityPm» Employrr
TO: Kelly Greenwell 21 July 2010
Council Member, County of Hawaii
IN TURN ALL COUNCIL MEMBERS
c�a
COPY TO County Clerk, County of Hawaii, x : ? ,
FOR Clerk's Laserfiche referenced records. ` i= ` ""
COPY TO Jason Armstrong, Staff Writer, Hawaii Tribune - Herald
FROM: Dan A. Cole, Telephone: (808) 966 -9229
P.O. Box 630
Keaau, Hawaii 96749
RE: REQUEST TO TESTIFY BEFORE THE COUNCIL ABOUT HAWAII COUNTY'S
POLICE DEPARTMENT'S PATTERN AND HISTORY OF EXTORTION OF THE
PEOPLE OF HAWAII.
Aloha Council Member Greenwell & ALL COUNCIL MEMBERS;
I am writing in response to a Council Member's statements in the attached July
21, 2010 Hawaii Tribune- Herald front page article, "Greenwell is still seeing red ",
In the news article Council Member Greenwell is quoted as saying, " My life was
put in danger for no reason,... My God, if they treat everybody else that way, we're in
trouble. ". I have attached a few documents I have filed with the County Council warning
you of this very type of POLICE ACTION. The Police Department Extorts and Threatens
the People of Hawaii to fear the Police, an example is allowing "Local" Monster Trucks
to freely roam the highways with exposed oversized tires that throw up road debris that
damage vehicles and water that blind people following behind, blackened windows,
trucks raised high in the air where their enhanced and brightened headlights blind
oncoming people, loud boom boxes so they can be heard for blocks around and distract
and annoy people. The Police instill fear in the People as it appears the Police enforce
laws on who they want, when they want, and if they want to, with these acts and actions
performed for the protection of an Enterprise of corrupt government officials acting in
criminal violation of Federal RICO Laws, that include patterns and histories of
racketeering through Extortion and providing protection to organized drug operations in
Hawaii County.
Thank you for your attention to my request to testify before the County Council on
these aforementioned matters.
Sincerely,
Dan A. Cole
Attachments identified 011 next page:
Attached: 21 July 2010, Hawaii Tribune - Herald news article, "Green is still seeing red ".
(1 page)
May 29, 2008 letter from Hawaii County Police Chief, Lawrence K. Mahuna
to FBI Special Agent in Charge, Janet L. Kamerman, RE: Request for FBI's
assistance to investigate government corruption, to include the Hawaii County
Police Dept. (1 page)
June 5, 2008 Letter from Council Member Emily I. Naeole to Dan Cole,
(1 page)
July 17, 2008 letter to Dan Cole from Hawaii County Police chief, Harry S.
Kubojiri. (1 page)
6 May 2008, letter to FBI SAC Janet L. Kamerman, Prosecuting Attorney Jay
T. Kimure, Police Chief Lawrence Mahuna, SUBJECT: EXTORTION OF
ELECTED OFFICIALS ... . (4 pages)
1 May 2007 CRIMINAL COMPLAINT to U.S. Attorney General Alberto
Gonzales, U.S. Attorney Edward Kubo, Hawaii County Police Chief
Lawrence Mahuna. (3 pages)
May 4, 2007 Police dept. Memo to County Corporation Counsel Lincoln S.T.
Ashida, (1 page)
June 7, 2007 letter to Dan Cole from Lawrence K. Mahuna. (1 page)
31 March 2008 letter to Council Member Emily Naeole & J Yoshimoto,
SUBJECT: Additional evidence of widespread organized corruption of
County & State Offices and Sworn Public Officials, in violation of the
Federal RICO Act. (3 pages)
7 July 2008 letter to Police Chief Lawrence K. Mahuna, with copies to FBI
SA Janet L. Kamerman, U.S. Attorney Edward Kubo, and Hawaii State
Attorney General Mark J. Bennett. (2 pages)
Hawaii Tribune - Herald Police charged Green- and denied access to his
well with resisting arrest, epilepsy medicine.
Wednesday, July 27, 2070 resisting an order to stop a ; Greenwell added that
motor vehicle and refusing he's donated "close to $1
to provide identification. He million" to the Kona com -'
also was cited for allegedly munity, and he won't be
driving 51 mph in d35-mph "treated like a goddamn
reenwells zone in Kailua- Kona. He rabid dog:'
was released without hav- He questioned wheth-
ing to post bail and faces an er the mayor or governor
stil seeing red Aug. 12 court date. would have been treated
Greenwell, 69, admits he the same, also wondering
was speeding and got into if council members get less
By JASON ARMSTRONG
Tribune - Herald staff writer a "wrestling match" with : respect than other elected
pol officials.
Councilman Kelly Greenwell and He's accused the arrest- "That's my job .. to keep
the Police Department are sticking to ing officer — a police an eye on the community,
their own versions of the incident that report identifies him as and that doesn't exclude the
led to the North Kona lawmaker's arrest Marco Segobia — of being Police Department," he said.
Saturday. unfit to serve on the force. Greenwell said he plans
— Greenwell claimed Segobia to talk with Tavares and,
- was belligerent, refused to other police ` administrators
retrieve his medication and "to see what can be done
exhibited Nazi -like behav- about the way police offi-
ior. cers handle " themselves in.
Asked if police will these kind of situations."
review the officer's con- He claimed police use a
duct, Assistant Police Chief "Nazi" approach and "ter-.
Henry Tavares on Tuesday rorism" in an attempt to
indicated that type of analy- "frighten" people into , fol-
sis is not warranted. lowing their orders.
"The reports submit- "My life was put in dan-'
ted by the officer will be ger for no reason," Green
reviewed, however, at this well said. "My God, if they
time we have no reason to treat everybody else that
believe that the officer vio- way, we're in trouble."
Iated any policy or proce -. Greenwell said he's not.
duce of the Hawaii (County) going after Segobia.
Police Department," Tava- `My intent is to get some .
res said in a telephone mes- reform in how the Police:
sage. Department handles them-:
Greenwell was unapolo- selves," he said.
getic Tuesday, having lost If that's unsuccessful,.
none of the anger he'd Greenwell said he may-
voiced a day earlier to the introduce resolutions seek
Tr - Herald., ing to have someone scru
"My life was threat- tinize the department's;
ened for what? Because I training procedures or even:
wouldn't respond to him pursue efforts to "compel ":
immediately barking of an police to institute changes.
order to me," Greenwell "I think that we're in a'
said. "No rookie comes up situation where we're not
and sticks his head in my teaching the right process,
(car) window and starts and we don't have the right:
screaming at me like he's values that we need if we're;
some kind of wild animal" going to continue to call:
Greenwell, an epileptic, ourselves the `Aloha State, "'
said he was threatened with he said.
a Taser gun, forced to sit E -mail Jason � g at
handcuffed i a po car ja ,, rong@l awa itribune-
with the ; windows sealed, heraldrom.
•
•
ir Hang Kim ^•`,(� s f' 1 Lawrence K. Mahuna
• Mayor � 1 ' -- _ =_ -_T P Y Police Chief •
Hajiri
- Deputy Police Chief
.. County of Hawaii
POLICE DEPARTMENT -
349 Kapiolani Sued • Hilo, Hawaii 96720-3998
(888) 935 -3311 • Fax (808) 961 -8869
May 29, 2008
Ms. Janet L Kamerman
Special Agent in Charge
U.S. Department of Justice
Federal Bureau of Investigation
300 Ala Moana Blvd: Suite #4 -230
Honolulu, Hawaii 96850 -
Dear merman: .
This is a follow -up to the phone conversation Major Marshall Kanehailua of the
Hawaii Police Department had with Supervisory Special Agent Tom Glorioso on
May 29, 2008.
During that conversation, Major Kanehailua had requested the FBI's assistance
in investigating the allegations of government conuption outlined in Mr. Dan
Cole's letter dated May 6, 2008. Major Kanehailua was informed by SSA
Gloriosa that the FBI had already received a copy of the letter and is currently
deciding on the appropriate action to be taken.
Should office decide to initiate an investigation of alleged corruption within- -
our department, we are fully prepared to cooperate with such investigation.
Should you have any questions,. feel free to contact Major Marshall Kanehailua of
• our Administrative Bureau at (808) 961-2247.
- RENCE K. MAHUNA
POLICE CHIEF
cc: Mr. Dan Cole.
' Hawai'i County is an Equal opportunity Pn,viderand Employes
' Emily L Naeole
IF Council Member ` ,--'
Mailing Address: ' ,� _ _ Amine ssAddress:
-
ff'onner County ) 333 Kilauea Avenue. Second Floor
25 Awned Street Ben Franklin Bzzildin.g
Hilo, Hawaii 96720 Hilo, Ha 96720 .
Hawai `i County Council
County of Hawai `i
Telephone (808) 961 -8267 Fo fla: (808) 9614912
-
June 5, 2008 •
T o : Dan A. C o l e - - - _ . _ . - - - - - - _ _ . . _ _ .. _ _ _ _. __ • • P. O Box 630
Keaau, HI 96749
Aloha Dan A. Cole:
Thank you very much for writing to me about your concern. I appreciate your letter and will
follow-up regarding your mana'o.
As of today, all complaints regarding Janet L Kamerman, Jay T. Kimura, Lawrence K.
Mahuna, Mr. Albert R. Gonzales, Edward IL Kubo, J Stanley Yoshimoto, and All
- COUNCILMEMBERS has been referred to Chairperson Pete Hoffmann.
ann. ' •
Again, I thank you and I hope this concern be resolved as soon as possible.
Mahalo Nni Loa,
. Av...4 d oyezier..)
Easily L Naeole - -
Council Member, 5 District
g
•
Thwart County is an Equal Opportunity Provider and Employer
A
Harry Kim Lawrence K. Ma$uxu
mayor • ■ Police Grief
Harry S. Knbojiri
Deputy Police Chief
• County of Hawaii -
POLICE DEPARTMENT
349 Rapioiam Street • Hilo, Haeraii 96720 -3998
(808) 935 -3311 • Fax (808) 9612389
July 17, 2008
•
Mr, Dan Cole -
P. O. Box 630
Keaau, Hawaii 96749
• Dear Mr. Cole:
RE: Cole et al, vs. Emily Naeole, Coundlmember, Council District #5, County
. - of Hawaii, Civil No. 08 -1 -0175
This acknowledges receipt of and responds to your letter of July 7, 2008.
The Hawaii Police Department does not know what the current status is
regarding document submitted to the FBI via letter dated May 29, 2008.
It appears as if you are attempting to conduct discovery in regards to pending
civil proceedings. Until you comply with the rules regarding that process, the
Hawaii Police Department declines to provide any further response.
Sincerely,
-f-; " ;sue
pa ,,CIO tZ •
HSK:hmk
•
°Haarai i Cowmty is an Equal Oppochmity Pawkier and Employee'
, . • . .
--
- - - - -- - - - - r--.
c"
- . . -
r---'
.. .
. -
,.-:-,)
- 6 May 2003 _ ..4- -11
, - - - - - - c -,--- --
'f ' t"-?'' --- - - 'f - - — fT1
co -- ---,
TO: Janet L. Kamennan ",-
.
• Special Agent in Osage --.-.--
Federal Bureau afhtvestigefioa -- -
_
• ilonohdu. Division - •,-,--1 ,----'. r •
.
- -. P.O. 50164 • _,-
Honolulu, Hawaii 96850 - -
: MPS Certified Mail No. 700525700001 1926 7877
I"?
CM .
TO: Jay T. Kum=
_ Prosecuting Anoiney - - .-_- =
,--T--.
County ofliawaii .
.
• - 34 Rainbow Drive . - --
Hilo, Hawaii 96720 . - _ --0 —
- USPS Catified MINIX*. 7005257000 01 19267891 ..._ .--
TO: Lavin:not IL Maims . - - -
-_-..-.- ...a
C71
Chief OfPoliee
_ - _
- C.oenty enamel
349 Kaplan' Street -
- - Hilo, Hawed 96720-3998 - • .
• . . -
-. USPS Certified 1611 570
No. 70052 0001 19267884 -
• COPY TO: ihnily_Naeole - -- - .
Councilenenber, County ofHawaii
SUBJECT: EXTORTION OF KIACTED OFFICIALS .
. .
- • & PRIVATE CITIZENS BY THE HAWAII COUNTY
• POLICE DEPARTMENT FOR THE PROTECTION OF A .
RACKETEERBIG ENTERPRISE. - .-
. .
Dear Swan Protectoes ofthe Constkutio" n & Enron= ofthe Law
The tinselled documentation, and the language cannined therein speaks for itself
• and praiides evidence ofthe existence and operation can Enterprise engaged in
racketeering actives that control or influence County, State, and Fedeial Offices, and -
Officials 'lathe State ofHagnifi, extorting sworn officials into acts ofmaffeasance,
misfeasance, and nonfaasance forth* profit ofilieEmetplise, and how thellawaii County
- Police Department threatens Audi:tads Elected Officials and Private Critizens bribe ' - • . .. -
proclaim ofdie Bitewdse.- .
. . . .. FILE
.... .„._.._
,„_... p ,„--
. _ .
_. .
. . _
_r_. ___.,..,,_ 1 •
(_ -s%
7 /Av Ar C.c.:: ecilee-.4
6 May 2005
TO: Janet L. Kamerman
Special Agent in Charge
Federal Bureau of Investigation
Honolulu Division
P :O. Box 50164
Honolulu, Hawaii 96850
USPS Certified Mail No. 7005 2570 0001 1926 7877
TO: Jay T. Kimure
Pros cuffing Attorney
County of Hawaii
34 Rainbow Drive
Hilo, Hawaii 96720
USPS Certified Mali No. 7005 2570 0001 1926 7891
TO: Lawrence K. Mahuna
Chief of Police
County of Hawaii
349 Kapiolani Street -
Hilo, Hawaii 96720 -3998
USPS Certified Mail No. 7005 2570 0001 1926 7884
COPY TO: Emily Naeole
Councilmember, County of Hawaii
SUBJECT: EXTORTION OF ELECTED OFFICIALS
& PRIVATE CITIZENS BY THE HAWAII COUNTY
POLICE DEPARTMENT FOR THE PROTECTION OF A
RACKETEERING ENTERPRISE.
Dear Sworn Protectors of the Constitution & Enforcers of the Law:
The attached and the
'on, language contained therein speaks for itself
and provides evidence of the existence and operation of an Enterprise engaged in
racketeering actives that control or influence County, State, and Federal Offices, and
Officials in the State of Hawaii, extorting sworn officials into acts of malfeasance,
misfeasance, and nonfeasance for the profit of the Enterprise, and how the Hawaii County
Police Department threatens and extorts Elected Officials and Private Citizens for the
protection ofthe Enterprise.
1,
THIS DOCUMENT WAS PROVIDED BY
THE MAYOR'S OFFICE, COUTY OF
HAWAII, OCT 13, 2009, RE: OIP (APPEAL 10 -11)
In conversations with Emily Naeole, my Council Representative for the District of
Puna, County of Hawaii, she informed that she was not able to assist me in exposing the
corruption in the County government, and the actions ofthe Hawaii County Police
Department that threaten and intimate citizens from bringing forth complaints that would
expose the Enterprise that is organized and controlled by and through Japanese /Asian
cultural, ethnic, and racial bonds and customs that extort public officials for the benefit of
the Enterprise, to include acts of fraud and conspiracy against the United States
Government
Council Member Naeole explained that she was aware of the corrupt actions of
the Hawaii County Police Department, and knew of the organized corruption in the
County govt but that as a single mother with a son at home, and in light of the
current police action against her daughter, she was afraid to assist me any further.
It is noted that Council Member Naeole, due to her religious beliefs, takes her
Sworn Oath of Office, as sworn before her God, as the foundation of her souL Council
Member Naeole's decision to forsake her God for the protection of her family was
observed to be a physically painful, and soul wrenching ordeal.
The attached April 15, 2008 letter from Council Member J Yoshimoto, former
Deputy State Attorney General, and the attached December 6, 2007 memo from Special
Assistant U.S. Attorney, and Deputy Prosecutor for the County of Hawaii, Mitchell Roth,
to Charlene Y. Iboshi, First Deputy Prosecuting Attorney, County of Hawaii, provide - -
additional evidence to the power of the corrupt Enterprise. It appears that both attorneys
believe my story about the existence of organized corruption in the County government,
County of Hawaii, and have attempted to support my efforts to expose the Enterprise.
The attached STIPULATIONS, filed in the United States District Courts District
of Hawaii, on FEB 13 2008, are not disputed by the County, and State of Hawaii, and
attest to the power of the Enterprise to control or influence County, State, and Federal
Offices, and Officials as identified and outlined in the attached nine page PLAINTIFF'S
RESPONSE TO DEFENDANTS MEMORANDUM IN OPPOSITION TO
PLAINTIFF'S MOTION TO VACATE JUDGEMENT, Civil No. 05 -00325 JMS -BMK,
filed FEB 13 2008.
The attached 6 February 2008, Complaint to Robert S. Muller, IIi, Director of the
Federal Bureau of Investigation, SUBJECT: Hawaii County Police Department
Retaliation against a Witness, victim, or an informant_.., as recovered from the Hawaii
County Police Record, identified as T08000381, and SCANNED-HL APR 2008, if
investigated, will expose the actions of the Hawaii County Police Department to threaten
and intimate citizens, and elected officials, by creating false Police Reports along with
the corrupt influence of witnesses to prevent exposure of the racketeering activities of the
Enterprise. Note that this report was to be provided to Prosecutor Dakota Frenz according
2.
THIS DOCUMENT WAS PROVIDED BY
1 HE MAYOR'S OFFICE, COUTY OF •
HAWAII. OCT 13.2009. RE: OIP (APPEAL 10-11)
to the attached, DISPOSITION, Dated; 04-22-2008: 2145 Hrs.
- The February 2008 flooding disaster that resulted in millions of dollars of property
damage in Hilo, Hawaii, was an overt ounce that exposes the violations of Federal
and State laws by the Enterprise. I am sending you this information in the hope of
. preventing deaths, injuries, and property damage that will result from future flooding
disasters due to the Criminal Violations of State and Federal Laws as stated in Council
Members Yoshimoto's AprII 15, 2008 request to U.S. Attorney Kubo.
Thank you for your attention in this matter.
Sincerely,
eer
Dan A. Cole
United States Citizen
Attached: Apri115, 2008 letter 3 Yoshimoto to Edward Kubo, (1 page)
Dec 6, 2007 memo Mitchell Roth to Charlene Iboshi, (2 pages)
U.S Attorney Ed Kubo, GRANT ANOUNCEMENT, (1 page)
FEB 13 2008, STIPULATIONS, CV 05 =00325 JMS -BMK, (1 page)
PLAINTIFF'S RESPONSE, CV 05-00325 JMS -BMK, (9 pages) -
6 February 2007 Complaint to Robert S. Muller, III, (2 pages)
Police Report, C08000381, DISPOSITION, Dated 04-22-2008, (1 page)
•
FUIS DOCUMENT WAS PROVIDED BY
THE MAYOR'S OFFICE, COUTY OF
3AWAII, OCT 13, 2009, RE: OIP (APPEAL 10-11)
- -
TO: Mr. .Alberto R. Gonzales, phone 202-514-2001, fax 202-307-6777 1 May 2007
United States Attorney General
United States DeparunestofJusfice
950 POIDsylvania. Avenue, NW
- Washington DC 20530-0001 -
USPO CERTIPMD MAIL #71104 1350 MK 661113528
AWN: Crialmal Don C8,011090300
c,=•
C-)
Mr. Edward H. Bubo, phone 8011-541-21150, fax 808-541-2958 0 •-, "%*1
United States Attorney
District ofHawaii ••<
, •
300 Ala Mama Bhe, Suite 6100
Honohda, 96850
USPO 4:21111UPEID MAIL #70/14 13508801 661113535
Mr. Lawrence Mahuna, phone 808-961-2261, fax 80S-961-8865
• ChiefofPolice
• County ofHawaii
349 Sapirdani Street
. " Hilo, HI 96720
USIPO GICIRTIOPIED MAIL *71104 13511 6618 3542
CRIMINA„L CCOMPLA1NT
COMBS NOW Dan A. Cole„ Unite' d States Citizen, in =cerise ofa citiz'en's
Rig' ids and-Freedonas as secured to citizens by the &dual Constitution, Bill ofRigitts,
• Mut Amendment Rialto petition the Gowsnment fonedress -of grievances, and by -
atlas of equal protection. °fall laws as secured bythe Itourteenth Anreadmea, by filing
this citizens Criminal Ceimplaint for violations ofa chins's rights in accordance with
Title IS United Stides Code ?art 1, Chapta 13, Subsection241. Conspiracy against •
• rights. This cengriaint is Medawar's' t conspinders Ma* J. BMX*, Attorney emend
State offlawaik Lehr &T. Ashida, Cognation Counsel for the County of
Steven TIC. Chang, Chief ofthe Solid it Hazardous Waste Branch, State ofHawaii
Heath DeParanont, and Doc, Shit; County, Fulani Public officialsfeniplcVNV
• F I LE
rvi
COPY
The documentation hereto attached under TAB "A ", 23 April 2007 leter, faxed
and receipt electronically verified, and the language contained within speaks for itself and
the non -reply to said documentation is a, de facto, admission by the County and State of
Hawaii of the criminal violations by public officials against the rights of a US citizen in
violation of 18 USC 241. Conspiracy against rights.
The documentation hereto attached under TAB "B", Hawaii Revised Statute
34211-30 Prohibition, HRS 34211 -1 Definitions and General Provisions, 8/10/01
testimony of Gordon Gota, Island 66, and Paul Nash, Engineer County of Hawaii, to
Todd Nichols, Investigator for the State of Hawaii Health Dept. and the November 26,
2001 letter signed Steven Y. K. Change, and the language contained therein speaks for
itself and is proof of a conspiracy on the part of Paul Nash and Gordon Gota to defraud
the US government, and proof of a violation by Steven Y.K. Chang conspiring with
other public officials to violate a citizen's rights of equal protection of all laws as secured
to all citizens under the Fourtheenth Amendment.
The documentation hereto attached under TAB "C ", in combination with recorded
telephone conversations with attorney Mitch Roth, Hawaii County Prosecuters Office and
attorneys Kathleen Ho, and Heidi Rian, from the State Attorney Generals Office, between
Feb -May of 2005, in accordance with the provisions of Hawaii Penal Code 711 -1111.
Violation of Privacy, provide proof that Hawaii State and County officials conspired to
violate 18 USC 241, and used their official office to assist offenders in order to hinder or
prevent apprehension, trial, or punishment for such actions in violation of 18 USC 3.
2.
Accessory after the fact The attached documentation identifies that the Hawaii County
Police Department, with the assistance of the Hawaii County Proscuters Office denied a
citizen the ability to file a complaint against public officials who denied him his
Constitutional rights, and calls attention to the influence of racially organized
government corruption and it influence in County and State governments in Hawaii.
The documentation attached under TAB "D ", is the narritive of a Motion before
the US Court and provides a time line, history, and .identifies public officials involved in
or influenced by organized corruption in the County and State of Hawaii governments
and the influence of this orginazed corruption over the business of the US Department of
Justice offices and US Court offices in the District of Hawaii, preventing the due coarse
of justice, and the denial of citizens rights as secured by the US Constitution.
DATED: 1 May 2007, Keaau, Hawaii
Dan A. Cole
U.S. Citizen
3_
Barry Kim
3- e Lawrence K. il�ahuat
Mayor
J
ti - Police Chief
Harry S. KeC'
County Deputy of Hawaii f
Police Chief
POLICE DEPARTMENT
349 Kapiolani Suet • Hilo, Hawaii 67203998
(808) 935 -3311 • Fax (808) 961 -8869
May 4, 2007
TO : LINCOLN S. T. ASH DA, CORPORATION COUNSEL
ATT VigetIZALEz, DEPUTY CORPORATION COUNSEL
-
FROM : PAUL IC FERREIRA, ACTING POLICE CHI EF
SUBJECT : REVIEW AND COMMENT OF CRIMINAL COMPLAINT
RE: DAN A. COLE
Enclosed for your review are copies of a Criminal Complaint and various exhibits received from
Mr. Dan Cole that was delivered to our department via United States Postal Service, Priority
Mail_
This matter involves a complaint filed by Mr_ Dan Cole, concerning illegal dumping which
occurred at Hawaiian Paradise Park, 15 -1490 26 Avenue, Puna.. In sum, Mr. Cole alleges
individual committed illegal acts of dumping, which in turn caused Mr. Cole financial loss. It •
does not appear that the department needs to respond to this notice; however, we are asking for
your assistance in reviewing the documents and provide any legal comments/recommendations.
Should you have any questions, feel free to contact Major Jay Enanoria of our Administrative
Services division at 961 -2247
Thank you for your attention in this matter.
jne
Enclosure
"Hawaii County is an Equal Opportunity Provider and Employe'
err
Harry Kim - - ' g t _ k :. Lawrence K. Mahan
-,
Mayer ` ,,: Police Chief
\ r
•
•
Harry S. Knbojiri
Dep ayPolce Chief
County of Hawaii
• POLICE DEPARTMENT
349 Kapiolani Sheet • Hilo. Hawaii 96720 -3998
(808) 935 -3311 • Fax (808) 961 -8865
June 7, 2007 -
Mu Dan Coles
P.O. Box 630
Keaau, Hawaii 96749
Dear Mr. Coles:
We received you letter of June 4, 2007, requesting our department to provide you with the laws,
procedures, practices, and policies of the Hawaii Police Department that allow moral turpitude
within our ranks and the status of your filed complaint.
We are not responsible for an investigation on a criminal complaint filed with the United States
Attorney General's Office. If the United States General's Office initiates an investigation of
your allegations of wrongdoing within our department, we are fully prepared to cooperate with
such investigation
I would also like to take this opportunity to comet a misrepresentation of facts contained in your
June 4, 2007 letter. On May 31, 2007, Major Jay Enanoria of our Administrative Services .
Division, recalls speaking with you via telephone regarding this matter. Major Enanoria
informed you that `No response to these documents is required at this point in time" by the
- Police Department -
Thank you for bringing your concerns to our attention
S' •
A. ° - CE K. MAHUNA
•
POLICE CHIEF
•
"Hawai'i County is an Equal Oppwfimrty Provider and Employer
- -
TO: Emily Naecde - - - _ 31 March 2008
Councilmonber, County of Hawaii L' -
' • - • I
TO: ilroshimoto Foil) ad 30 P 14 - 7
Councilmernber, County ofilawaii 1 -
ca F
OGL iL . ,
FROM: Dan A. Cole, phone 808- 96
P.O Box 630
,
• Kenny, Hawaii 96749
_ -
SUBJECT: Additional evidence of widespread organized
• comiptioi of County & State Offices and Sworn Public
• Officials, in violation oldie Fedaal RICO Act
Aloha Camcilmembers Nam& & Yoshirnoto, -
The Bunched 9 January, 2008 letteriUIPA Request to Lt Gov. James Aiona is
additional evidence ofthe widespread and well organized corruption. of County and Slate - -
Offices and SwoniOffichds.
As per my conversations with Conncllmember Yoshimoto, I have not been able to
• obtain the State Attorney General records for* Environmental Cairn' es Unit
investigation as identified in ihe attached .hane 4, 2004 request from Lincoln &T. Ashida,
Corporation Counsel, County ofliawaii; Please note that documentation ofthis
investigation, or deliberate nofrinvestignion, will be lost as it is "Smoitke Gun"
evidence that corn* officials intim County offlawaii, engaging in vicdatiam of State -
and Federal laws in the construction of stream diversion works to protect selected pivate
• properties, that directly. caused streams in Hilo to alter their normal coarse during
• floofmg dontlitions. The damage to property from the Febnnay 2008 mins, and future
damage to prop:try and possalle injury and loss of life from Hooding, will be the County
of Hawaii's responsllnlity, both morally and financially, and - will be paid for by the
_citizens °faze County ofnawail while ibe concept officia' b go free to engage in future
criminal activities the cites =pane.
On 10 November 2004, I was contacted by Ed Goma, investigator for - the
Environmental Crime's Unk . Alter answering Investigator Ganes questions, he
confirmed that it was a case for the State/Fedend Euvironmenftd Crirnes Unit After
• receiving no follow up to my testimony in the case, on 17 February 2005, I called the
State Attorney amends InvestigatiOns Office, 1-808-586-1420 and was informed that Bd
Gomes was transferred and that a Investigator Yamasaki would contact me, again I was
• never contacted and numerals calls to Investigator Yamasairrs voice mail were never
returned.
. .
Ai
r
00914
•
•
TO: Emily Naeole 31 March 2008
Councilmember; County of Hawaii
TO: J Yoshimoto OO
Councilmember, County of Hawaii �'?
ca Fri
FROM: Dan A. Cole, phone 808- 966 -9229 K' f
P.O. Box 630
n ry
Keaau, Hawaii 96749 ' Fri
ro
SUBJECT: Additional evidence of widespread organized
corruption of County & State Offices and Sworn Public
Officials, in violation of the Federal RICO Act.
Aloha Councilmembears Naeole 8t Yoshimoto,
The attached 9 Jaauimy, 2008 letter/UIPA Request to Lt. Gov. James Aiona is
additional evidence of the widespread and well organized coiruption of County and State
Offices and Sworn Officials.
As per my conversations with Counaalmember Yoshimoto, I have not been able to
obtain the State Attorney General records for the Environmental Crime's Unit
investigation as identified in the attached June 4, 2004 request fro n Lincoln S.T. Ashida,
Corporation Counsel, County of Hawaii. Please note that documentation of this
investigation, or deliberate non-investigation, will be lost as it is "Smoking Gun"
evidence that corrupt officials in the County of Hawaii, engaging in violations of State
and Federal laws in the won of stream diversion works to protect selected private
properties, that directly caused streams in Hilo to alter their normal coarse during
flooding conditions. The damage to property from the February 2008 rains, and future
damage to property and possible injury and loss of life from flooding, will be the County
of Hawaii's responsibility, both morally and financially, and will be paid for by the
citizens of the County of Hawaii while the coaupt officials go free to engage in future
criminal activities at the citizens expense. , •
On 10 November 2004, I was contacted by Ed Gomes, investigator for the
• Environmental Crime's Unit. After answering Investigator Games questions, he
confirmed that it was a case for the State/Federal Environmental Crimes Unit. After
receiving no follow up to my testimony in the cumin 17 February 2005, I called the
State Attorney Generals Investigations Office, l` -808- 586 -1420 and was informed that Ed
Gomel was transferred and that a Investigator Yanaasaki would contact nme, again I was
never contacted and numerous calls to Investigator Yamasaki's voice mail were never
returned.
1.
THIS DOCUMENT WAS PROVIDED BY
THE MAYOR'S OFFICE, COUTY OF
HAWAII OCT 13. 2009. RE: OJP (APPEAL 1011)
.-
My attached 15 March 2006 request for the Environmental Crime's Unit records
went unanswered, and the attached 9 January 2008 UIPA Appeal apparently has become
missing as per my phone calls this date to the Office of Information Practices, 1-808-586-
1400, and the Office of Lt. Gov. Aiona, 1-808-586-0225. In addition it appears that my
other UIPA, HRS 92F Appeals of Denial of records, cover pages attached, have also
disappeared..
It is well understood that "unofficially/officially", not answering, or in most cases
misplacing, correspondence and official requests that would expose the Japanese /Asian
organized corruption is a trademark of the Japan/Asian enterprise activities in the State
and County of Hawaii, and in violation of the Federal Racketeer Influence and Corrupt
Organizations Act, that influence or control County, State, and Federal Offices and Sworn
Officials in Hawaii.
Again, I request that as elected officials, and in accordance with the fiduciary
requirements, and responsibilities of your elected office, that you take action to expose
this corruption in the Government of the County of and cause those corrupt
officials to be brought to justice.
Thank you for your attention in this matter.
Sincerely,
;_ #I
7( A. Cole
United States Citizen
Attached: 9 Jan 08, letter Dan Cole to Lt. Gov. Aiona, (1 page)
9 Jan 08, UIPA HRS 92F State Attorney Gen. Appeal, (3 pages)
9 Jan 08, UIPA HRS 92F County Pros. Attorney appeal, (5 pages)
9 Jan 08, UIPA HRS 92F, Hawaii Police Dept. appeal, (1 page)
23 Nov. 07, UIPA HRS 92F County Corp. Counsel Appeal, (3 pages)
-4)
7 J 2008 RECEIVFD
my
USPS CERTIFIED MAII. NO. 7005 2570 0001 1926 7976 NOB PN RETURN RECTEPT REQUESTED ' Sb
I4AAU POLICE
TO: Lawrence K. Mahuna-
Chief of Police
County of Hawaii
349 Kapiolanni Street
Hilo, Hawaii 96720 -3998
-CC: Janet L Kannennan, (with attachments)
Special Agent in Charge
U.S. Department of Justice
Federal Bureau ofInvestigation
300 Ala Moans Blvd. Suite #4-230
Honolulu, Hawaii 96850
USPS Certified Mail No. 7005 2570 0001 1926 7983
CC: Edward IDKubo, (with attachments)
United States Attorney
PJKK Federal Building
300 Ala Moans Blvd. #6 -100
Honolulu, Hawaii 96850
USPS Certified Mail No. 7005 2570 0001 1926 8003
CC: Mark J. Bennett, (with attachments)
Attorney Gemend
Depariment ofthe Attorney General
State of Hawaii
425 Queen Street
Honolulu, Hawaii 96813
USPS Certified Mail No. 7005 2570 0001 1926 7990
RE: Impeach Hearing, Judge Greg Nabmana, 7 8:30AM CTRM1, Cole et aL,
vs. Emily Naeole, Gout it Member Council District #5, County of H awaii
Dear Chief Mahrma:
In preparation a 7/24/08 Hearing before Judge Greg Nam In The Circuit
Court ofthe Third Circuit, State of Hawaii, I request to know the status ofthe your
attached May 29, 2008, request to Ms. Janet L. Kamerman, FBI Special Agent in Charge,
for FBI assistance in investigating the allegations of govt corruption, and alleged
corruption within the Hawaii County Police Department, RE: RICO Act.
1.
THIS DOCUMENT WAS PROVIDED BY
THE MAYOR'S OFFICE, COVTY, OF 28603
HAWAII. OCT 13.2009. RE: OIP (APPEAL 10-11) .
In pion to identify and call forth wig before the Court in this case, it
is requested that you reviear the attae.hed documentation and identify any and all
violations of Police Rules, Regulations, Policy, and Procedures, and any and all
violations of an individual's Constitutional Rights and Civil Rights, both State of Hawaii
and the Federal Constitution, that the Hawaii County Police Department has committed.
It is requested that you respond with 3M days of reciept of this request, if no
response is received on or before 18 Jab 2008, It will be understood that you, Police
Chief Lawar+enc a Mahuna, in accordance with the assenting - silence doctrine, approve of,
and will support and defend, as legal acts 'and actions, all acts and actions ofthe Hawaii
County Police Department personnel that can be identified in the attached documentation,
and will be prepared toi defend such acts and actions before the Court.
Thank you for your attention in this matter.
Sincerely,
,ere
Dan A. Cole
United States Citizen
Attached:
•
May 29, 2008 request from Chief Maltuna to FBI SAIC Kanieaman, (1 page)
Complaint for hopeachment, FILED 2008 JUN-5, Civil No. 08-1 -0175, (4 pages)
Motion for Dismissal, FILED 2008 JUL-3, Civil No. 08-1 -0175, (17 pages)
30 June 2008, letter Dan A. Cole to Wayne Metcalf 3132404, William E. Smith JD2080,
Jay T. Kimms 3132497, Dakota KM. Fr®z 313008468, with attachments, (99 pages)
2. •
CMS DOCUMENT WAS - PROVIDED BY
MB MAYOR'S OFFICE, COUTY OF
W�IL 13.2009 RE: OIP (AP1 AL 10-111
HRS Page 1 of2
§707 -764 Extortion. A person commits extortion if the person
does any of the following:
(1) Obtains, or exerts control over, the property or services of
another with intent to deprive another of property or
services by threatening by word or conduct to:
(a) Cause bodily injury in the future to the person
threatened or to any other person;
(b) Cause damage to property or cause damage, as defined in
section 708 -890, to a computer, computer system, or
computer network;
(c) Subject the person threatened or any other person to
physical confinement or restraint;
(d) Commit a penal offense;
•
(e) - Accuse some person of any offense or cause a penal
charge to be instituted against some person;
(f) Expose a secret or publicize an asserted fact, whether
true or false, tending to subject some person to
hatred, contempt, or ridicule, or to impair the
threatened person's credit or business repute;
(g) Reveal any information sought to be concealed by the
person threatened or any other person;
(h) Testify or provide information or withhold testimony or
information with respect to another's legal claim or
defense;
(i) Take or withhold action as a public servant, or cause a
public servant to take or withhold such action;
(j) Bring about or continue a strike, boycott, or other
similar collective action, to obtain property that is
not demanded or received for the benefit of the group
that the defendant purports to represent; or
(k) Do any other act that would not in itself substantially
benefit the defendant but which is calculated to harm
substantially some person with respect to the
threatened person's health, safety, business, calling,
career, financial condition, reputation, or personal
relationships;
(2) Intentionally compels or induces another person to engage in
conduct from which another has a legal right to abstain or
to abstain from conduct in which another has a legal right
to engage by threatening by word or conduct to do any of the
actions set forth in paragraph (1)(a) through (k); or
(3) Makes or finances any extortionate extension of credit, or
collects any extension of credit by extortionate means. [L
1979, c 106, pt of §1; am L 2001, c 33, §3]
Case Notes
In RICO action, plaintiff did not satisfy essential element of
extortion and failed to establish attempted extortion regarding
defendant's letter to plaintiff. 855 F. Supp. 1156.
http: / /www. capitol .hawaii.gov /hrs2007/Vo114 Ch0701- 0853/HRS0707/HRS 0707- 0764.htm 2/8/2010
HRS Page 1 of 2
§707 -769 Defenses to extortion. (1) It is a defense to a
prosecution for extortion as defined by paragraph (1) of section 707-
764 that the defendant:
(a) Was unaware that the property or service was that of
another; or
(b) Believed that the defendant was entitled to the property or
services under a claim or right or that the defendant was
authorized, by the owner or by law, to obtain or exert
control as the defendant did.
(2) If the owner of the property is the defendant's spouse or
reciprocal beneficiary, it is a defense to a prosecution for extortion
under paragraph (1) of section 707 -764 that:
(a) The property which is obtained or over which unauthorized
control is exerted constitutes household belongings; and
(b) The defendant and the defendant's spouse or reciprocal
beneficiary were living together at the time of the conduct.
(3) "Household belongings" means furniture, personal effects,
vehicles, or money or its equivalent in amounts customarily used for
household purposes, and other property usually found in and about the
common dwelling and accessible to its occupants.
(4) It is an affirmative defense to a prosecution for extortion
s defined in paragraphs (1) and (2) of section 707 -764 and as further
defined by subparagraphs (e), (f), (g), and (i), that the defendant
believed the threatened accusation, penal charge, or exposure to be
true, or the proposed action of a public servant was justified, and
that the defendant's sole intention was to compel or induce the victim
to give property or services to the defendant due the defendant as
restitution or indemnification for harm done, or as compensation for
property obtained or lawful services performed, or to induce the
victim to take reasonable action to prevent or to remedy the wrong
which was the subject of the threatened accusation, charge, exposure,
or action of a public servant in circumstances to which the threat
relates.
(5) In a prosecution for extortion as defined in paragraph (1)
of section 707 -764, it is not a defense that the defendant has an
interest in the property if the owner has an interest in the property
to which the defendant is not entitled. [L 1979, c 106, pt of §1; gen
ch 1993; am L 1997, c 383, §68]
Case Notes
Defendant's attempt to obtain plaintiff's property was made under
claim of [sic] right. 855 F. Supp. 1156.
COMMENTARY ON § §707 -764 TO 769
Act 106, Session Laws 1979, established these sections as part of a
consolidation of laws pertaining to extortion wherein the Legislature
sought to make those laws simpler and more comprehensive. The
Legislature rejected a provision making acts which caused the victim
http: / /www. capitol .hawaii.gov /hrs2007/Vo114 Ch0701- 0853/HRS0707/HRS_0707- 0769.h... 8/10/2010
Print Page 1 of 2
From Emily Naeole Q
To: 'Dan Cole'
Date: Thu, August 27, 2009 8:19:45 AM
Subject RE: Police Involvement in.Organized Drug Activity
Aloha Dan:
I will forward this email to Corporate Counsel c/o Lincoln Ashida.
Mahalo
Emily Naeole
From Dan Cole [mailto:cole hawaii @yahoo.com]
Sent Wednesday, August 26, 2009 3:15 PM
To hcpd0974@co.hawaii.hi.us, Edward Kubo; Keno' William
Cc bford @co.hawaii.hi.us, dikeda @co.hawaii.hi.us, donishi @co.hawaii.hi.us, dyagong @co.hawaii.hi.us,
enaeole @co.hawaii.hi.us, genriques @co.hawaii.hi.us, jarmstrong @hawaiitribune- herald.com ;
jbumett @hawaiitribune- herald.com; jyoshimoto@co.hawaii.hi.us, kgreenweil @co:hawaii.hi.us,
mazie.hirono @mail.house.gov; oip @hawaii.gov; phoffmann @co.hawaii.hi.us; Glenn Beck; Jay Kimura
Subject Police Involvement in Organized Drug Activity
Aloha Mayor Kenoi, U.S.Attorney Kubo, & Det. Briski.
I have provided the Hawaii County Police Department Internal Affairs section, Det.
Briski, extensive information and evidence identifying wide spread violations of the State and
Federal RICO statutes, with the personal involvement of the former and current Police Chief,
Corporation Counsel, Prosecuting Attorney's Office, Mayor's office and other public office's. A
traffic incident in Puna on the night of Thursday, 20 Aug 09 involving an apparent drug dealer
has provided prima facia evidence of the Police Departments involvement in the official
protection of organized drug activity in the Puna District of the Island of Hawaii . Please note
that the officer that arrived first on the scene called headquarters at my demand to inform the
Police Chief of my involvement in the incident where it was clearly apparent the three officers
on site were aware that I had photographic evidence to support my 911 call about the incident
and that there were drugs involved. The two Officers that arrived latter for the drug
investigation did not even bother to take a statement from me but seemed to recognize
the the parties present and called in that no drugs were present. The digital photographs
could have been made available to the Officers in a 8X10 inch color printed photo or view in
magnification within five,(5), minutes as my computer was just a few hundred yards away.
Such photographs would have been more than sufficient for a probable cause search and
questioning of witness about drug activity. It appears that a local male was delivering a large
quantity of drugs while riding a camouflaged trails bike and entered the street from the bushes
and struck the front of my truck scattering bundles of money into the street, what appeared to
be bundles of $100 bills as in the photo provided to Det. Briski, and attached hereto. This
photograph was taken at the moment that the guy had finished scrambling to grab the money
in the street and had just turned over and was before anyone had gotten to him, and is
apparently a split second before he threw the drugs into the bushes behind him.You will notice
that if you enlarge the photo and look at the off white item the size of a roll of quarters
wrapped in a plastic baggie with a white write on label in the guy's right fist, there can be
little doubt that this is an ounce of drugs, which the guy apparently threw into the bushes
http://us.mg2.mail.yahoo.com/dc/launch?.gx&rand=atpq4c9ijqbup 10/27/2009
- Print Page 1 of 2
From Dan Cole (cole hawaii @yahoo.com)
To: hcpd0974 @co.hawaii.hi.us; Edward Kubo; Kenoi William
Date: Wednesday, August 26, 2009 3:15:05 PM
Cc: bford @co.hawaii.hi.us, dikeda @co.hawaii.hi.us, donishi @co.hawaii.hi.us,
dyagong @co.hawaii.hi.us; enaeole @co.hawaii.hi.us; genriques @co.hawaii.hi.us;
jarmstrong @hawaiitribune- herald.com; jburnett @hawaiitribune- herald.com;
jyoshimoto @co.hawaii.hi.us; kgreenwell @co.hawaii.hi.us; mazie.hirono@maii.house.gov;
oip@hawaii.gov; phoffmann@co.hawaii.hi.us; Glenn Beck; Jay Kimura
Subject Police Involvement in Organized Drug Activity
Aloha Mayor Kenoi, U.S.Attomey Kubo, & Det. Briski.
I have provided the Hawaii County Police Department Internal Affairs section, Det.
Briski, extensive information and evidence identifying wide spread violations of the State and
Federal RICO statutes, with the personal involvement of the former and current Police Chief,
Corporation Counsel, Prosecuting Attorney's Office, Mayor's office and other public office's. A
traffic incident in Puna on the night of Thursday, 20 Aug 09 involving an apparent drug dealer
has provided prima facia evidence of the Police Departments involvement in the official
protection of organized drug activity in the Puna District of the Island of Hawaii. Please note
that the officer that arrived first on the scene called headquarters at my demand to inform the
Police Chief of my involvement in the incident where it was clearly apparent the three officers
on site were aware that I had photographic evidence to support my 911 call about the incident
and that there were drugs involved. The two Officers that arrived latter for the drug
investigation did not even bother to take a statement from me but seemed to recognize
the the parties present and called in that no drugs were present. The digital photographs
could have been made available to the Officers in a 8X10 inch color printed photo or view in
magnification within five,(5), minutes as my computer was just a few hundred yards away.
Such photographs would have been more than sufficient for a probable cause search and
questioning of witness about drug activity. It appears that a local male was delivering a large
quantity of drugs while riding a camouflaged trails bike and entered the street from the bushes
and struck the front of my truck scattering bundles of money into the street, what appeared to
be bundles of $100 bills as in the photo provided to Det. Briski, and attached hereto. This
photograph was taken at the moment that the guy had finished scrambling to grab the money
in the street and had just turned over and was before anyone had gotten to him, and is
apparently a split second before he threw the drugs into the bushes behind him.You will notice
that if you enlarge the photo and look at the off white item the size of a roll of quarters
wrapped in a plastic baggie with a white write on label in the guy's right fist, there can be
little doubt that this is an ounce of drugs, which the guy apparently threw into the bushes
behind him. This observation is supported by the fact that an area of fifty feet radius around
where this guy was laying was trampled in an apparent search the following day /night, but not
a search by law enforcement authorities. It would appear that the witness the officer spoke to
and /or took statements from may have been involved in the current drug activity or had
knowledge of it.
I have additional photographic evidence in support and am very puzzled as to why the
Hawaii County Police department is making it extremely difficult for me to present the
- evidence of organized drug activity here in the Puna district,where it appears that at least 5
ounces may have been involved but probably more, as construed by the drugs and money
http: / /us.mg2.mail. yahoo. com /dc/launch ?.rand= ffb83avtatp6b 8/26/2009
Print Page 2 of 2
observed. If the Police are not involved in providing protection for drug operations why is it
that there appears to be no interest by police about the information as to the apparent
Hispanic gang member sighted in the area the next morning?
The Police Department has received numerous calls about drug activity in the Puna and
HPP area, but appear to take no enforcement action, but allow the public to be extorted by
the Police by the Police allowing predator trucks raised high in the air with over -sized tries,
blacken windows, loud boom box bass stereos and headlights high in the air that blind other
traffic on the highways, and appear to be driven by what are called "Locals ", that seem to
operate on the highways with immunity giving the impression that the Hawaii County Police
Department enforces laws on who they what to, when they want to, and if they want to, but
not on this privileged group that resembles the public's perceived view of the drug dealers
themselves.
Please contact me for supporting documentation of organized corruption within the Hawaii
County Police Department and in other government offices in the County of Hawaii.
Aloha,
Dan A. Cole
808 -966 -9229
1 Image 1 View Slideshow I Download Selected
I 19 auq 2009 002.JPG
(1758KB)
http: / /us.mg2.mail. yahoo. com /dc/launch ?.rand= - ffb83avtatp6b 8/26/2009
' �: , yj�,' Harry S. Kubojiri
William P. Kenoi
Mayor
, t„ it Police Grief •
• Paul K. Ferreira
Deputy Police Chief
County of Hawac i
POLICE DEPARTMENT
349 Kapi`olani Street • Hilo, Hawaii 96720 -3998
(808) 935 -3311 • Fax (808) 961 -2389
November 9, 2009
Mr. Dan A. Cole
P.O. Box 630
Kea'au, HI 96749
RE: REPORT REQUEST FROM INCIDENTS ON AUGUST 19, 2009 AND OCTOBER 27, 2009
POLICE INCIDENT REPORT NUMBERS T09004208, C09024036 AND M09049607
Dear Mr. Cole:
We are currently processing your request for the above reports and seeking guidance from the Office of
Corporation Counsel.
We do understand that the Office of Information Administrative Rules indicate that we are allowed ten
(10) business days from the date of receipt to respond to the said request. We make every effort to abide
by the rules despite the huge volume of requests we receive. Thank you for your patience as we process
your request.
If you have any questions regarding this information, please call Lt. Randal Ishii of our Records and
Identification Section at 961 -2232.
Sincerely,
PAUL K. FERREIRA
ACTING POLICE CHIEF
RMI
"Hawai'i County is an Equal Opportunity Provider and Employer"
LINDA UNGLE STATE OF HAWAII
GOVERNOR
OFFICE OF THE LIEUTENANT GOVERNOR
JAMES R. AIONA..Ri. OFFICE OF INFORMATION PRACTICES CATHY L. TAKASE
LIEUTENANT GOVERNOR ACTING DIRECTOR
NO. 1 CAPITOL DISTRICT BUILDING
250 SOUTH HOTEL STREET, SUITE 107
HONOLULU, HAWAII 96813
Telephone: (808) 586 -1400 FAX: (808) 586 -1412
E-MAIL: oip@hawaii.gov
www.hawaii.gov /oip
November 17, 2009
VIA FACSIMILE: 808 - 961 -2389
Paul K. Ferreira •
Acting Police Chief
Police Department
County of Hawaii
Re: Request for Assistance to Access Records (U RFA -P 10 -25)
Dear Acting Chief Ferreira:
The Office of Information Practices ("OIP") has received a request for
assistance from Mr. Dan Cole with respect to his requests made under the Uniform
Information Practices Act (Modified), chapter 92F, Hawaii Revised Statutes ( "HRS ")
("UIPA "), for access to police incident report numbers T09004208, C09024036 and
M09049607. Mr. Cole has indicated that he made two written requests to the
Hawaii County Police Department ( "HCPD ") dated October 27, 2009, and that he
has received an incomplete response from HCPD. Copies of Mr. Cole's request to
OIP and his record requests to HCPD are enclosed for your information.
Specifically, HCPD's response is deficient because it did not notify Mr. Cole of
the information required by section 2- 71 -14, Hawaii Administrative Rules,
including whether access to the records would be provided or denied, how and
where access will be provided, and the legal basis for any denial.
If HCFD maintains the record and no exemption to disclosure applies, please
provide Mr. Cole with access to the record within ten business days from the date of
this letter. If HCPD is denying access to all or part of a record under an exemption,
please provide Mr. Cole with notice of the basis for the agency's denial of access
within that same timeframe. Haw. Admin. R. § 2- 71 -14; Haw Rev. Stat. § 92F -15
(1993). In so doing, HCPD should (1) specify the record, or parts, that will not be
disclosed; and (2) the agency's specific legal authorities under which access is
Paul K. Ferreira
November 17, 2009
Page 2
denied under section 92F -13, HRS,' and other laws. Haw. Admin. R. § 2- 71 -14.
Please also provide OIP with notice of the action taken by the agency.
• Thank you in advance for your cooperation and assistance in this matter.
Please do not hesitate to contact the undersigned attorney if you have any questions
or require assistance.
V truly ours,
4 41)
nnife . : • -
Staff Attorney
JZB:dms
Enclosure
cc: Mr. Dan Cole(without enclosure)
•
1 The UIPA also provides generally that where compliance with any provision
of the UIPA would cause an agency to lose or be denied funding or other assistance from
the federal government, compliance with that provisions shall be waived but only to the
extent necessary to protect eligibility for such federal assistance. Haw. Rev. Stat. § 92F -
(1993).
•
..�. 7
William P. Kenoi�: ��,; `• Harry S. Kubojiri
Mayor '' ` .11 , . Police Chief
r:
• OfH ►
= Paul K. Ferreira
Deputy Police Chief
County of Hawai '
POLICE DEPARTMENT
November 27, 2009 349 Kapi`olani Street • Hilo, Hawaii 96720 -3998
(808) 935 -3311 • Fax (808) 961 -2389
Mr. Dan A. Cole
P.O. Box 630
Kea' au, HI 96749
Re: Request for reports from accident, incident and miscellaneous public report from
the dates of August 20, 2009 and October 27, 2009, under Police Incident Report
Numbers T09004208, C09024036 and M09049607, respectively
Pursuant to your request, the following is noted:
Report is not available as:
more information needed; unable to locate report.
written authorization is required from party in interest.
a subpoena duces tecum is required.
it involves a juvenile.
Report (s) attached /enclosed as requested.
X Other: A copy of accident report T09004208 which occurred on August
19, 2009 has been provided, along with the miscellaneous public
report under M09049607 which stems from the dropped 911 call
on October 27, 2009. Other dropped 911 calls could not be
located in the area, perhaps there was miscommunication
between yourself and Officer Jenny Lee. Both reports have been
sent to the Kea' au Police Station where it can be retrieved, after
the $2.60 fees are paid for. Note that there was no accident
report under your name at the intersection of Kaloli Drive and
26 Avenue for the date of August 20, 2009, as you indicated in
your letter. Please also refer to the Hawai ' i Revised Statutes
Section 291E -11 on drawing of blood alcohol /drug testing
regarding suspected intoxicated drivers. The lima's i Police
Department is withholding its dispatch standard operating
procedures pursuant to the Hawai i Revised Statutes 92F -13 and
the Office of Information Practices opinion letter 95 -13. The
Hawai' i Police Department is also withholding Internal Affairs
records pursuant to the Hawai i Revised Statutes 92F -13, 92F -14
and 92F -22.
"Hawai'i County is an Equal Opportunity Provider and Employer"
Mr. Dan Cole
November 27, 2009
Page 2
X Other: We are not producing the report requested under C09024036 and
dispatch materials /records which is linked to the aforementioned
accident, because it is pending either investigation or prosecution.
We rely upon the following chapters of the Hawai ' i Revised
Statutes which read in part as follows:
§92F -13 Government records; exceptions to
general rule. This part shall not require disclosure of:
...(3) Government records that, by their nature must be
confidential in order for the government to avoid the
frustration of a legitimate government function....
§92F -14 Significant privacy interest; examples. (a)
Disclosure of a government record shall not constitute a clearly
unwarranted invasion of personal privacy if the public interest in
disclosure outweighs the privacy interest of the individual.
(b) The following are examples of information in which the
individual has a significant privacy interest:
(1) Information relating to medical, psychiatric, or
psychological history, diagnosis, condition,
treatment, or evaluation, other than directory
information while an individual is present at such
facility;
(2) Information identifiable as part of an investigation into a
possible violation of criminal law, except to the
extent that disclosure is necessary to prosecute
the violation or to continue the investigation;
(3) Information relating to eligibility for social services or
welfare benefits or to the determination of
benefit levels;
(4) Information in an agency's personnel file, or
applications, nominations, recommendations, or
proposals for public employment or appointment
to a governmental position, except:
(A) Information disclosed under section 92F- 12(a)(14);
and
Mr. Dan Cole
•
November 27, 2009
Page 3
(B) The following information related to employment
misconduct that results in an employee's
suspension or discharge:
(i) The name of the employee;
(ii) The nature of the employment related misconduct;
(iii) The agency's summary of the allegations of
misconduct;
(iv) Findings of fact and conclusions of law; and
(v) The disciplinary action taken by the agency;
when the following has occurred: the highest non -
judicial grievance adjustment procedure
timely invoked by the employee or the
employee's representative has concluded;
a written decision sustaining the
suspension or discharge has been issued
after this procedure; and thirty calendar
days have elapsed following the issuance
of the decision; provided that this
subparagraph shall not apply to a county
police department officer except in a case
which results in the discharge of the
officer;
(5) Information relating to an individual's nongovernmental
employment history except as necessary to
demonstrate compliance with requirements for a
particular government position;
(6) Information describing an individual's finances, income,
assets, liabilities, net worth, bank balances,
financial history or activities, or creditworthiness;
(7) Information compiled as part of an inquiry into an
individual's fitness to be granted or to retain a
license, except:
(A) The record of any proceeding resulting in the
discipline of a licensee and the grounds
for discipline;
(B) Information on the current place of employment and
required insurance coverages of licensees;
and
(C) The record of complaints including all dispositions;
(8) Information comprising a personal recommendation or
evaluation; and
Mr. Dan Cole
November 27, 2009
Page 4
(9) Social security numbers. [L 1988, c 262, pt of §1; am L
1993, c 191, §1; am L 1995, c 242, §1; am L
2004, c 92, §4]
§92F -22 Exemptions and limitations on indi idual
access. An agency is not required by this part to I rant
an individual access to personal records, or inform.tion
in such records:
(1) Maintained by an agency that performs as its or as
principal function any activity pertaining to the pr= ention,
control, or reduction of crime, and which consist o :
(A) Information or reports prepared or ompiled for
the purpose of criminal intelligence or o a criminal
investigation, including reports of infor ers,
witnesses, and investigators; or
(B) Reports prepared or compiled at an stage of the
process of enforcement of the criminal I:ws from
arrest or indictment through confineme t,
correctional supervision, and release from
supervision...
(4) Including investigative reports and materials, related
to an upcoming, ongoing, or pending civil or riminal
action or administrative proceeding against e individual.
A Court Order, signed by a judge, is required for production of an un-
redacted report.
If you have any questions regarding this information, pleas- call Lt. Ishii
of our Records and Identification Section at 961 -2232.
Sincerely,
S B• ,R4
PtI T E CHIEF
RMI
FAX TRANSMITTAL: Thirty- Three, (33), pages total. January 2010
TO Ms. Jennifer Z. Brooks, Phone: 808 -586 -1400, FAX: 808 -586 -1412
Staff Attorney
Office of Information Practices
State of Hawaii
FROM Dan A. Cole, Phone: 808 - 966 -9229
P.O. Box 630
Keaau, Hawaii 96749
RE: Request for MEMORANDUM OPINION of denial to access to government records,
RE: (U RFA -P 10 -25)
Aloha Ms. Brooks:
As per our telephone conversation this date, I am making this formal request for a
Memorandum Opinion from the Director of the State Office of Information Practices, to
insure that I have exhausted all Administrative Avenues prior to taking the court actions
you referred to in your November 17, 2009 letter to me, RE: Request for Assistance to
Access Records (U RFA -P 10 -25).
Due to the apparent widespread involvement and/or influence of an Enterprise of
organized government corruption in County, State, and Federal offices in Hawaii, and the
apparent involvement of the Hawaii County Police Department in providing police
protection to organized drug operations in the County of Hawaii, combined with the
Hawaii County Police Department's involvement in a pattern and history of criminal
violations of State and Federal RICO statutes, as documented in State and Federal court
records in Hawaii, to include Extortion, along with the depravation of a person's
Constitutional rights under the Color of Law to file complaints with the Police Dept. that
identify criminal violations of Hawaii Revised Statutes and United States Code against
high ranking County and State and Federal officials in Hawaii, thereby violating a
persons Constitutional Rights and Freedoms to Petition the Government in Redress of
Grievance, and a conspiracy to do same, for the purpose of assisting or preventing the
exposure and influence of corruption and/or organized crime within our governments.
As per our conversation I also informed you that I am creating a paper trail to
document who knew what and when it was known, please include this sheaf of paper into
the OIP files which will be requested under the Hawaii State Uniform Information
Practices Act for possible inclusions as exhibits in court filings.
The documentation I was sent by the Hawaii County Police Department resulting
from your November 17, 2009 letter to Paul K. Ferreira, Acting Police Chief, Hawaii
County Police Department, is knowing and knowingly fraudulent and is an indirect
confession by the Hawaii County Police Department of involvement in organized drug
operations and a pattern and history of criminal activity in violation of RICO statutes.
Participation of Hawaii County Police Department in providing protection for
organized drug operations in the County of Hawaii may be construed from the attached
STATE OF HAWAII MOTOR VEHICLE ACCIDENT REPORT, Report Number
T09004208, please note that I was provided only eight, (8), pages of the nine, (9), page
report. For clarification purposes I will be emailing the OIP photographs taken on the
location at the time of the traffic incident that provide photographic evidence that the
report is deliberately fraudulent in an apparent attempt to hide the Police Department's
involvement in providing protection for organized drug operations in Hawaii County.
1. On page 1 of 9, block (14) Photo, No (01), identifying that no photographs of
the accident were taken by the Police. Please note that I have emailed you a picture of
Police Officer G Sojot Badge# 384 taking a picture of the accident scene while holding
my drivers license in his left hand.
2. Note the Officer's Rank and Name at the bottom, of the page, PO II Veincent,
Kimo ID# 4340. I only spoke to Officer G. Sojot, and according to Officer Sojot, he had
never seen this report until I showed it to him after I received a copy resulting from my
appeal for denial of access to government records.
3. On page 2, block (85) SFST GIVEN, (Standard Field Sobriety Test), No(01) is
checked, and in Block (87) Alcohol test Results, (87A), Given (02) in checked, in block
(87B) Type, Blood (01) is checked. Therefore according to the Police Report the Hawaii
County Police Department violated my due process rights by taking blood from my
person under the threat of arrest, in violation of HRS §291E -11 (b)(1)(2), and sections of
HRS §291E -21 and HRS §291E -65. Also note that Police Officer Sojot was observed
making a cell phone call, understood to be to Police Chief Kubojiri informing him of Dan
A. Cole's involvement in a traffic incident where a 911 Call was made to report the
accident with observations of apparent drug involvement, where the call was made prior
to the illegal taking of my blood under Police threat. I witnessed and heard Officer Sojot
inform the Lab Tech at the Hospital that he, (the Police), did not suspect alcohol was
involved, and that Officer Sojot did not have the required Police forms for taking blood.
4. On page 3, block (93), the report identified that impact point on my truck was at
location (5), the rear section, even though Officer Sojot is photographed taking
photographs of the impact location where the moped struck the front of the truck.
5. Note that page 7, (120) ALL PERSONS is totally blank, the photographs email
to OIP show a person with a leg injury and an ambulance on the scene.
6. Note on page 8, Narrative, this page is blank, what happened to the statements I
made to Officer Sojot on the scene, during the ride to the Keaau Police station, and the
ride to and from the Hilo hospital about the 4-5 bundles of money and drugs, apparently
20 -25 thousand dollars on the ground and the money in the guys shirt, and the apparent
drugs in his hand. Officer Sojot knew I had these photographs at the scene, and confirmed
at the hospital that I had the photographic proof of the money. Please note the emailed
photograph of the guy sitting on the ground with an apparent injury to his left leg, the
pattern on the money and the thickness of the packet of money in his belly pocket would
indicate a' /2 inch thickness and a $100 bill pattern, when combined with the off white
substance the size of a roll of quarters in a plastic baggie in the guy's right hand, maybe
an ounce of ICE, with a street value of approximately $5,000 according to newspaper
reports, would indicate the 4 -5 observed money packets on the ground plus the money
packet seen in the photograph were approximately $5,000 each and the observed money
and drugs could have been worth about $35,000 in addition to any other drugs found on
the guy at the hospital. Why did the two Police Officers that were dispatched for the 911
Call about drug involvement refuse to take any statements from me or ask for the
photographs I had taken, and then to state in the accident report that no photographs were
taken. What happened about the statements and the information that was provided to
Officer Sojot about how the Police provide protection to drug operations by tipping them
off when a report is made to the Police Department about drug activity where the drug
houses use loud boom box players to signal and coordinate drug operations in Hawaiian
Paradise Park, and the cell phone call to Chief Kubojiri. All such information the Officer
received required Officer Sojot to make a formal report in accordance with Hawaii
County Police Department General Order #600, where is the required report or any
reference to said required report?
These examples are but a small fraction of the evidence and documentation of
corruption and RICO activity in the County of Hawaii, and when combined with all the
sheaves of paper I have provided the OIP in pending cases it must by construed and
concluded that there exists an Enterprise that influences', corrupts, and/or extorts County
State, and Federal officials in the State of Hawaii in patterns of racketeering activities for
the benefit of the Enterprise.
Thank you for your attention in this matter, and I look forward to receiving Office
of Information Practices, MEMORANDUM OPINION, thereby confirming that all
administrative avenues have been exhausted prior to court filings.
Sincerely,
Dan A. Cole.
Attached: November 27, 2009 Hawaii County Police department letter, RE: Request for
Reports, and copies of government records released. (15 pages)
HRS §291E -11, HRS §291E -21, HRS §291E -65. (5 pages)
Continued next page.
Aug 24, 09, 10:58 AM, email to HCPD Internal Affairs Det. Briski. (2 pages)
Aug 24, 09, 11:30 AM, email to HCPD Internal Affairs Det. Briski. (1 page)
Aug 25, 09, 2:41 PM, email to HCPD Det. Briski, et. al., with Aug 25, 09, 1:02
PM response from Det. Briski. (2 pages)
Aug 26, 09, 3:15 PM, email to Mayor Kenoi, U.S. Attorney Kubo, Det. Briski,
et. al. (2 pages)
Aug 27, 09, 8:19 Am. Hawaii Council member Emily Naeole's response to the
25 Aug, 09, 3:15PM email to her. (2 pages)
TITLE 18 > PART I > CHAPItR 96 >
§ 1961. Definitions
As used in this chapter—
(1) racketeering activity" means (A) any act or threat involving murder, kidnapping,
gambling, arson, robbery, bribery, extortion, dealing in obscene matter, or dealing in a
controlled substance or listed chemi s defined in section 102 of the Controlled
Substances Act), which is charges State law and punishable by imprisonment for
more than one year; (B) any act 'ctable under any of the following provisions
of title 18, United States Code ating to bribery), section 224 (relating to
sports bribery), sections 471, �, vi 'rig to counterfeiting), section 659
(relating to theft from interstate shipment) if the act indictable under section 659 is
felonious, section 664 (relating to embezzlement from pension and welfare funds),
sections 891 -894 (relating to extortionate credit transactions), section 1028 (relating to
fraud and related activity in connection with identification documents), section 1029
(relating to fraud and related activity in connection with access devices), section 1084
(relating to the transmission of gambling information), section 1341 (relating to mall
fraud), section 1343 (relating to wire fraud), section 1344 (relating to financial institution
fraud), section 1425 (relating to the procurement of citizenship or nationalization
unlawfully), section 1426 (relating to the reproduction of naturalization or citizenship
papers), section 1427 (relating to the sale of naturalization or citizenship papers), sections
1461 -1465 (relating to obscene matter), section 1503 (relating to obstruction of justice),
section 1510 (relating to obstruction of criminal investigations), section 1511 (relating to
the obstruction of State or local law enforcement), section 1512 (relating to tampering
with a witness, victim, or an informant), section 1513 (relating to retaliating against a
witness, victim, or an informant), section 1542 (relating to false statement in application
and use of passport), section 1543 (relating to forgery or false use of passport), section
1544 (relating to misuse of passport), section 1546 (relating to fraud and misuse of visas,
permits, and other documents), sections 1581 -1592 (relating to peonage, slavery, and
trafficking in persons)., section 1951 (relating to interference with commerce, robbery,
or extortion), section 1952 (relating to racketeering), section 1953 (relating to interstate
transportation of wagering paraphernalia), section 1954 (relating to unlawful welfare fund
payments), section 1955 (relating to the prohibition of illegal gambling businesses),
section 1956 (relating to the laundering of monetary instruments), section 1957 (relating
to engaging in monetary transactions in property derived from specified unlawful activity),
section 1958 (relating to use of interstate commerce facilities in the commission of
murder -for -hire), sections 2251, 2251A, 2252, and 2260 (relating to sexual exploitation of
children), sections 2312 and 2313 (relating to interstate transportation of stolen motor
vehicles), sections 2314 and 2315 (relating to interstate transportation of stolen property),
section 2318 (relating to trafficking in counterfeit labels for phonorecords, computer
programs or computer program documentation or packaging and copies of motion pictures
or other audiovisual works), section 2319 (relating to criminal infringement of a
copyright), section 2319A (relating to unauthorized fixation of and trafficking in sound
recordinas and music videos of live musical performances), section 2320 (relating to
trafficking in goods or services bearing counterfeit marks), section 2321 (relating to
trafficking in certain motor vehides or motor vehicle parts), sections 2341 -2346 (relating
to trafficking in contraband cigarettes), sections 2421 -24 (relating to white slave traffic),
sections 175 -178 (relating to biological weapons), sections 229 -229F (relating to chemical
weapons), section 831 (relating to nuclear materials), (C) any act which is indictable
under title 29, United States Code, section 186 (dealing with restrictions on payments and
loans to labor organizations) or section 501 (c) (relating to embezzlement from union
funds), (D) any offense Involving fraud connected with a case under title 11 (except a case
under section 157 of this title), fraud in the sale of securities, or the felonious
manufacture, importation, receiving, concealment, buying, selling, or otherwise dealing in
a controlled substance or listed chemical (as defined in section 102 of the Controlled
Substances Act), punishable under any law of the United States, (E) any act which is
indictable under the Currency and Foreign Transactions Reporting Act, (F) any act which is
indictable under the Immigration and Nationality Act, section 274 (relating to bringing in
and harboring certain aliens), section 277 (relating to aiding or assisting certain aliens to
enter the United States), or section 278 (relating to importation of alien for immoral
purpose) if the act indictable under such section of such Act was committed for the
purpose of financial gain, or (6) any act that is indictable under any provision listed in
section 2332b (g)(5)(B);
(2) "State" means any State of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, any territory or possession of the United States, any
political subdivision, or any department, agency, or instrumentality thereof;
(3) "person" includes any individual or entity capable of holding a legal or beneficial
interest in property;
(4) "enterprise" includes any individual, partnership, corporation, association, or other
legal entity, and any union or group of individuals associated in fact although not a legal
entity;
(5) "pattern of racketeering activity" requires at least two acts of racketeering activity,
one of which occurred after the effective date of this chapter and the last of which occurred
within ten years (excluding any period of imprisonment) after the commission of a prior
act of racketeering activity;
(6) "unlawful debt" means a debt
(A) incurred or contracted in gambling activity which was in violation of the law of
the United States, a State or political subdivision thereof, or which is unenforceable
under State or Federal law in whole or in part as to principal or interest because of
the laws relating to usury, and
(B) which was incurred in connection with the business of gambling in violation of
the law of the United States, a State or political subdivision thereof, or the business
of lending money or a thing of value at a rate usurious under State or Federal law,
where the usurious rate is at least twice the enforceable rate;
(7) "racketeering investigator" means any attomey or investigator so designated by the
Attorney General and charged with the duty of enfordng or carrying into effect this
chapter;
(8) "racketeering investigation" means any inquiry conducted by any racketeering -
. investigator for the purpose of ascertaining whether any person has been involved in any
violation of this chapter or of any final order, judgment, or decree of any court of the
United States, duly entered °in any case or proceeding arising under this chapter;
(9) "documentary material" includes any book, paper, document, record, recording, or
other material; and
(10) "Attorney General" includes the Attorney General of the United States, the Deputy
Attorney General of the United States, the Associate Attorney General of the United States,
any Assistant Attorney General of the United States, or any employee of the Department of
Justice or any employee of any department or agency of the United States so designated
by the Attorney General to carry out the powers conferred on the Attorney General by this
chapter. Any department or agency so designated may use in investigations authorized by
this chapter either the investigative provisions of this chapter or the investigative power of
such department or agency otherwise conferred by law.
• :s
R €ket r _mated and Corrup Jrganizations
•
Act. i
The Ru ecr-7 iced a Corm* Orgasizations Act (comer refened to as RICO Act or
RICO) is a United Stases federal la* alit pmvids for extended penalties for criminal acts perthrpied aspen
of an casein Criminal organization. RICO was enacted *section 901(a) dithe Organized Crimetantrol
.
Art of 1970, Pith. L. No. 91-452,84 Stat. 922 (i5 October 1970). RICO is cotfified as Chapter 96 of Title 18
of
prosecute organized crime the United States Code, 18 U.S.C. § 1961 through 18 U.S.C. § 1968. It was intended to make it easier to
figures, but has been applied in several other cases as well.
It has been speculated ihat-the name and aemayia were selected in a sly referenoe to the movie Little Caesar,
which meted a notorioris gangster named Rico. The original drafter afthe bi0, G. Robert Blakey, refused
to court= or deny thiam
ma -- – - •
Under RICO, a person or group who commits any two of 35 ciimes federd times and 8 stele •
- crimes — wit>rn a 10;year pedod and, in the opinion of the United States
conmilted Attotney bringing the case„ has
those aim= w
pompon or results cars be arced with radceteerhsg. Those found
guilty
ofineloneedng can fined up to 825,000 andfor sentenced to 20 years in prison per tcounn
ofd r .must f all and interest in any b a pattern
When the U.S. Attorney decides to inclict someone ms RICO, he has the option of seeking a
fe order or mjamcdon to ey se a defendant's assets and prevent the t ofpotntially
pcopaiy, as well as require the defendant to put op a performance bond. This provision was
planed in the law because the owners ofMafia-rdated deg lea absconded whit the assets. An
- - injuuctiOn and/or performance bond ensures that these is something t seize in the wait ofa guilty verdict.
Inmaay cases, the threat ofa RICO indictment can force defendants to plead guilty to lesser charges, in part
because the mime of assets would make it difficultto pay adefmse attorney. Despite its harsh provisions, a
RICO-related charge is considered easy to prove in oomt, as its on patterns of behavior as opposed to
criminal acts?"
There is also a provision for private parties to see. A'preon damaged in his or property" can sue
are not the mast prove the existence ofa "cdminsil " The (s)
in other words, the d(s) and the enterprise are not one and the same. There
most be one efface ed relationships between the dams) and the enterprise. This laws like
most Federal el* ;1 lawsuits, can tie place•in either Federal or State court [1j
(lutPJ /www 1)
Both the federal and civil components allow for the recovery of treble damages (damages in triple the
amount °f /compensatory damages).
Although its primacy intent was to deal with organized smote, Blakey said that Congress never intended k to
merely apply to the Mob. He once told Taal We don't want one set of roles for people whose ci are
blue or whose names end in vowels, and another set for those who collars are white and have Ivy League
cliplomas.421
THE CONSTITUTION OF THE STATE OF HAWAII
ARTICLE
BILL OF RIGHTS
Note
For proposed constitutionat amendment to Article 1, see Act 60 on page 301 of the 2004 Session
Laws of Hawaii.
POLITICAL POWER -
Section 1. Alt political power of this State s inherent in the people and the responsibility for
the exercise thereof rests with the people. Alt government is founded on this authority. [Am
Const Con 1978 and etection Nov 7, 1978]
RIGHTS OF 1NDIYIDUALS
Section 2. Alt persons are free by nature and are equal in their inherent and inalienable rights.
•
Among these rights are the enjoyment of life, Sher y and the pursuit of happiness, and the
acquiring and possessing of property. These rights cannot endure unless the people recopize
their corresponding obligations and resporslislities. [Am Const Can 1978 and election Nov 7,
1978]
EQU ALffY OF RIGHTS
Section 3. Equality of rights under the law shall not be denied or abridged by the State on
accamtof sex. The legislature shall have the power to enforce, by appropriate legislation, the
provisions of this section. [L 1972, 50 No 1408 -72 and election Nov 7,1972; ten Const Con 1978
and election Nov 7,1978]
FREEDOM OF RELIGION, SPEECH, PRE S, ASSEMBLY AND PETfl1ON
Section 4. No law shalt be enacted respecting an establishment of religion, or prohibiting the
free exercise thereof, or abridging the freedom of speech or of the press or the right of the
people peaceably to assemble and to petition the government for a redress of grievances. [Ren
and am Coast Con 1978 and electron Nov 7, 1978]
DIE PROCESS AND EQUAL PROTECTION -
Section 5. No person shall be deprived of life, liberty or property without due process of law,
no' be denied the equal protection of the laws, nor be denied the enjoyment of the person's
civil rights or be dated against in the exercise thereof because of race, religion, sex or
ancestry. [Ren and am Const Con 1978 and election Nov 7, 1978]