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HomeMy WebLinkAboutCOM 0867.001 2008-2010 FROM: Dan A. Cole P.O. Box 630 Keaau, Hawaii 96749 'g RUG 16 Af! q RE: Testimony IN OPPISITION to Comm. 86774Res. 3641 10), before the Hawaii County Council; Committee on Finance, 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 for violations of Hawaii Revised Statutes, HRS § 707 -764 EXTORTION (1)(e)(f)(i)(k)(2); 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. 18 U.S.C. §4. MISPRISION OF FELONY. Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both. HRS §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 the intent to deprive another of property or services by threatening by word or conduct to: (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; PAGE 1. OF 3. Coaoe. t4e, 8 / . Ref. To, Ref. Date (i) Take or withhold action as a public servant, or cause a public servant to take or withhold such action; (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 compel or induce 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); PROPERTY: may be defined as a person's State and Federal Constitutional rights and freedoms, such as Freedom of Speech and the Right to Petition the government for a redress of grievances. SERVICES: may be defined as the Testimony of a person before the County Council, identifying imminent, or other peril, to the safety, health, or welfare of the people The attached fifty -nine, (59), pages of documentation identify the "TRUE" reason the Hawaii County Council wants to be exempted from Hawaii Sunshine Laws is to protect and hide the existence of an Enterprise of corrupt public officials organized into a RICO Enterprise by and through adherence to "Local" cultural and ethnic norms where such alliances are reinforced, in part, by Class association of High School, Richardson School of Law, Hawaii County Prosecutors Office, organizing committees for political elections, and other associations where corrupt public officials are organized and engage in patterns and histories of racketeering activities for the benefit of the Enterprise. Such criminal acts include Extortion , dealing in controlled substance, and how this RICO Enterprise, extorts, controls, or influences County, State, and Federal officials and employees, Officers of the State and Federal Court systems in Hawaii, influence or corrupt the election process of the people, and suppress the Media on the Island of Hawaii. Current Hawaii County Councilmembers have admitted by their actions, signatures, and/or statements in recorded minutes of Council meetings, and in Court documents, to having committed knowing and knowingly acts and actions of Extortion in violation of State and Federal RICO Laws, and/or violations of 18 U.S.C. §3. ACCESSORY AFTER THE FACT. PAGE 2. OF 3. 18 U.S.C. §3. ACCESSORY AFTER THE FACT. Whoever, knowing that an offense against the United States has been committed, receives, relieves, comforts or assists the offender in order to hinder or prevent his apprehension, trial or punishment, is an accessory after the fact. Except as otherwise expressly provided by an Act of Congress, an accessory after the fact shall be imprisoned not more that one -half the maximum term of imprisonment or (notwithstanding section 3571) fined not more than one -half the maximum fine prescribed for the punishment of the principle, or both; or if the principal is punishable by life imprisonment or death, the accessory shall be imprisoned not more than 15 years. It must be understood that seeking the people's money through this Resolution is for the purpose of hiring competent Defense Attorneys in the Private sector to advise and prepare for the Council's Legal Defense to Federal Racketeering Charges to activities of Extortion and accessory after the fact to dealing in controlled substance by the Hawaii County Police Department, and other offenses depriving the people of their Constitutional rights and freedoms while acting under the color of law in violation of , 18 U.S.C. §242. DEPRIVATION OF RIGHTS UNDER THE COLOR OF LAW; accessory after the fact to, 18 U.S.C. 1512 TAMPERING WITH A WITNESS, VICTIM, OR AN INFORMANT. (2)(b)(3); 18 U.S.C. §241. CONSPIRACY AGAINST RIGHTS; 18 U.S.C. §371. CONSPIRACY TO COMMIT OFFENSE OR TO DEFRAUD UNITED STATES; and/or 18 U.S.C. § 1040. FRAUD IN CONNECTION WITH A MAJOR DISASTER OR EMERGENCY BENEFITS. (a)(1)(2)(b)(1)(2)(3)(c). THEREFORE: I PRESENT THIS TESTIMONY IN OPPISITITION TO Comm. 867: (Res. 364 -10) Dated: Hilo, Hawaii, August 16, 2010. Dan A. Cole Council District #5 ATTACHED: 59 PAGES OF SUPPORTING DOCUMENTATION PAGE 3. OF 3. n� Dennt¢ "Fr Onishi �'+ t - , ,; R Em F or d, , e m b er r . Chair �� 4 , \.. Br er Fo rd, M ember K e 1 iy C well emb l Pefe Hoffmann; Member: Donald Ikeda of w " / E m y L Naeole- season mem Vice Chair Dom ,,a..... member J Yoshimoto, Me mber IIAWAI C OUNTY C OIINCIL COMML TTEE ON. FINANCE 33 Session DA {' August 17, 2010 (Tuesday) PLACE. Sheraton Keauhou Bay Resort and Spa 78 128 Ehukai Street K�ua Iona, Hawaii TIME: 9:U0 a.m. (Not Please turn cell phones, pagers and other mobile com nanication devices on silent mode.) CALL TO ORDER R STATEMENTS FROM 'rim PUBLIC ON ITEMS ON THE AGENDA REFERRALS Comm. 24.30; TRANS ER OF FUNDS =JULY 16 - 31, 2410 From Controller Kay Oshiro, dated August 1,- 201 t}, transmitting a Report of Transfers Authorized showin transfers made from July 1 S hough July 31, 2010 . Comm. 696-3: ' HAWAII ISLAN ll_ M N SOCIETY 2006 AND 2007 REVIEWS AND 2008 FINANCIAL AUDIT From Executive • Directoi Donna Whitaker, dated June 16, 2010,.ttansmitting fire above Cflmm. ' A TO SEEK THE OPINION OF AN ATTO RNEY IN THE P RI V A TE (Res 364 -10) SECTOR ON IiETHER HAWt I`I REVISED STATI TES CHAPTER 92 PUBLIC • AG. AGENCY MEETINGS AND RECORDS), COMMO T ©;AS THE - -, H NE LAW,' IN 1TS PRESENT - FORM, CONSTRAINS. THE CO . abov ; F UNSHIM CTWEI,Y AND EFFIC PERFORMING ITS DUTIES`` From Councilmem Kelly C well, : dated J 7, 2010 transmitti g the above resolution. Serv tlelnter is o t he g f Peap..... _ rn-Islan Hawat County is an Equal Op or c Frovider andEmplayer a 44 Dan A. Cole CIRCUIT � D OF P.O. Box 630 THE i'FEFRD CIRCUIT Keaau, Hawaii 96749 STATE pF HAWAII Telephone: (808) 966 -9229 2011 ALIG 12 AM J I 23 Pro Se 2 IN THE CIRCUIT COURT OF THE THIRD CIRCUIT CLERK STATE OF HAWAII Dan A. Cole ) Civil No. 10 -1 -0082 ) (Declaratory Judgment) Plaintiff, ) ) REQUEST FOR TEMPORARY vs. ) RESTRAINING ORDER; EXHIBIT "A"; CERTIFICATE COUNTY COUNCIL OF THE COUNTY ) OF SERVICE OF HAWAII J STANLEY YOSHIMOTO, ) DONALD IKEDA, GUY ENRIQUES, ) DENNIS "FRESH" ONISHI, EMILY I. ) NAEOLE- BEASON, DOMINIC YAGONG,) BRENDA FORD, KELLY GREENWELL, ) PETE HOFFMAN, in their official ) capacities as members of the Hawaii ) County Council of the County of Hawaii ) JOHN DOES 1 -10, JANE DOES 1 -10, ) DOE CORPORATIONS, PARTNERSHIPS ) GOVERNMENTAL UNITS or OTHER ) ENTI'1'ES 1 -20 ) ) Defendants. ) ) ) REQUEST FOR TEMPORARY RESTRAINING ORDER The Plaintiff Dan A. Cole, makes a request of the Court for a Temporary Restraining Order, against the Defendants, Hawaii County Council, to restrain the Defendant's from conducting Public Testimony in hearing, STATEMENTS FROM THE PUBLIC ON ITEMS ON THE AGENDA, for agendized item, Re: Comm. 867: (Res. 364 -10), to be conducted an heard by the Hawaii County Council Committee on Finance on August 17, 2010. FACTS: 1. The Plaintiff has State and Federal Constitutional guaranteed freedoms and rights of speech, and, to petition the government for a redress of grievances. 2. In paragraph 2., of the Court's, NOTICE TO ALL PARTIES REGUARDING THE STANDARD OF CONDUCT FOR SELF - REPRESENTED PARTIES IN THE THIRD CIRCUIT COURT OF THE STA'L'E OF HAWAI'I, SECOND DIVISION, Ordered by the Court on MAY 03 2010, the Court Orders: 2. A self- represented party is held to the same standards as every other party who is represented by an attorney. 3. It is construed by the Plaintiff that he is, or may be, required to comply Exhibit A. Hawai'i Rules of Professional Conduct, Rule 4.2.COMMUNICATION WITH PERSON REPRESENTED BY COUNSEL. [3] This rule also applies to communications with any person whether or not a party to a formal adjudicative proceeding, contract or negotiation, who is represented by counsel concerning the matter to which the communication relates. [5] The prohibition on communications with a represented person only applies, however, in circumstances where the lawyer knows that the person is in fact represented in the matter to be discussed This means that the lawyer has actual knowledge of the fact of the representation; but such actual knowledge may be inferred from circumstances. 4. Comm. 867: (Res. 364 -10), is; A RESOLUTION TO SEEK THE OPINION OF AN ATTORNEY IN 2. THE PRIVATE SECTOR ON WHETHER HAWAI'I REVISED STATUTES CHAPTER 92 (PUBLIC AGENCY MEETINGS AND RECORDS), COMMONLY REFERED TO AS THE "SUNSHINE LAW", IN ITS PRESENT FORM, CONSTRAINS THE COUNCIL FROM EFFECTIVELY AND EFFICIENTLY PERFORMING ITS DUTIES From Councilmember Kelly Greenwell, dated July 7, 2010, transmitting the above resolution. CONCLUSION: Comm. 867: (Res. 364 -10), speaks to, and is the very essence of, the current proceedings before the Court, and Councilmember Kelly Greenwell, et. al., are Defendants in the current proceedings before the Court, therefore the Plaintiff cannot exercise his Constitutional freedoms and rights without being in violation of an Order Of The Court. The Plaintiff requests an Order from the Court to restrain the Defendants from hearing Public Testimony on Comm. 867: (res. 364 -10), until such time as the Plaintiff is no longer bound by the, NOTICE TO ALL PARTIES REGUARDING THE STANDARD OF CONDUCT FOR SELF - REPRESENTED PARTIES IN THE THIRD CIRCUIT COURT OF THE STATE OF HAWAI'I, SECOND DIVISION. DATED: Hilo, Hawaii, August 12, 2010. ez Dan A. Cole Plaintiff, Pro Se 3. EXHIBIT "A" �l . „.. „_._. ' ..:' . - : --. - ---: 4 - A -0007-::';,--;--;;,;:j.::::-.":„.-....i....:„.....:..r.....„:..,. -': -:-. _. ..1-:.,13i14T77.1..i.-!::-. 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IN THE CIRCUIT COURT OF THE THIRD CIRCUIT STATE OF HAWAII DAN A. COLE ) Civil No. 10 -1 -0082 ) (Declaratory Judgment) Plaintiff, ) ) CER'TIF'ICATE OF SERVICE vs. ) ) COUNTY COUNCIL OF THE COUNTY ) OF HAWAII, J STANLEY YOSHIMOTO, ) DONALD IKEDA, GUY ENRIQUES, ) DENNIS "FRESH" ONISHI, EMILY I. ) NAEOLE - BEASON, DOMINIC YAGONG,) BRENDA FORD, KELLY GREENWELL, ) PETE HOFFMAN, in their official ) Capacities as members of the Hawaii ) County Council of the County of Hawaii ) JOHN DOES 1 -10, JANE DOES 1 -10 ) DOE CORPORATIONS, PARTNERSHIPS ) GOVERNMENTAL UNITS or OTHER ) ENTITES 1 -20 ) Defendants. ) ) CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing document was served upon the following by mailing the same, postage prepaid, on August 13, 2010: LINCOLN S.T. ASHIDA Corporation Counsel County of Hawaii 101 Aupuni Street, Suite 325 Hilo, Hawaii 96720 Dan A. Cole Plaintiff, Pro Se HAWAII I COMMITTEE ON APP RO PRI A T IONS. PRINCE KUHIO FEDERAL BUILDING CHAIRMAN • Unita' i)ates t$Ernatc ROOM 7-212, 300 ALA MOANA BOULEVARD Suecomisnim DERinE, HONOLUW, 96950-4975 09919649 SUITE 722, HART SENATE OFFICE (30I1) 541 WASHINGTON, DC 20510-1102 MX (808 ) 541-2549 COMMITTEE ON INDIAN AFFAIRS (202) 224 - DEMOCRATIC STEERING AND COORDINATION FAX (202) 224 AUPUNI STREET NO. 205 COMMITTEE HLO, Hi 96726-4221 MOM 835 comaturnsE ON RULES AND ADMINISIBIOION FAX (808) 961-5163 JOINT COMMITTEE ON PRINTING May 29, 2009 - - - - Mr. Dan A. Cole P. O. Box 630 Keasui, Hawaii 96749 - Dear Mr. Cole: On behalf of Senator Inouye, who is currently away from the office, I would like to thank you for your correspondence regarding your concerns about corruption in the Hawaii State government I have forwarded a copy of your correspondence to the office of Attorney General Eric Holder, for his comment on your concerns. - I will be sure to share with you any response that I may receive. Thank you again for writing. Aloha, / OR 1 • live - JC:em • I I w ' . • n=" = • • 0 LI t. , J 7 -2 A IE. 0 S COPY FAX TRANSMITTAL: Twenty - Three, (23), pages total. 13 August 2010 TO: Commission on Accreditation for Law Enforcement Agencies, (CALEA) Attn : Maya Mittchell, FAX: 703 -591 -2206, Phone: 703 - 352 -4225 ext. 20 RACKETEERING ACTIVTIES OF THE HAWAII COUNTY POLICE DEPARTMENT & Hawaii County Police Chief, Harry S. Kubojiri, that include Extortion and Dealing in Controlled Substance as part of an Enterprise of corrupt government officials that extort the people and influence or control the Courts, Government, and Media on the Island of Hawaii. TO: U.S. Senator Daniel Inouye, FAX: 202 - 224 -6747, Phone: 202 - 224 -3934 Governor Linda Lingle, FAX: 808 -586 -0006, Phone: 808 -586 -0034 U.S. Senator Daniel Akaka, FAX: 202 - 224 -2126, Phone: 202 - 224 -6361 U.S. Rep. Mazie Hirono, FAX: 202 - 225 -4987, Phone: 202 - 225 -4906 AP Press, Attn: Mark Niesse, FAX: 808 -531 -1213, Phone: 808 -536 -5510 Hawaii Tribune - Herald, FAX: 808 - 961 -3680, Phone: 808 - 935 -6621 West Hawaii Today, FAX: 808 -961 -5960, Phone: 808- 931 -9134 PAN MEDIA FBI Honolulu, FAX: 808 -566- 4343/4470, Phone: 808 -566 -4300 The attached documentation identifies the existence of an Enterprise of corrupt government officials, formed and controlled through adherence to "Local" ethnic and cultural norms and reinforced by and through associations formed in High School, Richardson Law School, esp. class of 1976, 77, 78, 79, County of Hawaii Prosecuting Attorney's Office, under Prosecutor Jay Kimura for the past 20 years, and others that influence, control, or extort County, State, and Federal Officials and employees, and Officers of the State and Federal Courts in Hawaii, for the benefit of the Enterprise. Note that the Media on this Island will not print any information about the current Court Case in the Third Circuit Court, Case No. 10 -1 -0082 RE: Sunshine Law Violations by the Hawaii County Government that will expose in Court Records government officials as members of a RICO Enterprise engaged in patterns and histories of racketeering activity. To prove this point notice that Hawaii County Councilmember Kelly Greenwell is involved as a Defendant on 25 August 2010 at 8:00 in two Court actions at the same time but the MEDIA will only print information about one? WHAT ELSE IS THE MEDIA KEEPING FROM THE PEOPLE? For more information contact Dan Cole, Telephone:808- 966 -9229 Email: cole_hawaii@yahoo.com LINCOLN S.T. ASHIDA 4478 Corporation Counsel County of Hawaii Hilo Lagoon Centre 101 Aupuni Street, Suite 325 Hilo, Hawaii 96720 Tel. No. 961 -8251 Fax No. 961 -8622 Email: lashida @co.hawaii.hi.us Attomey for Defendants COUNTY OF HAWAII J STANLEY YOSHIMOTO, DONALD IKEDA, GUY ENRIQUES, DENNIS "FRESH" ONISHI, EMILY I. NAEOLE- BEASON, . DOMINIC YAGONG, BRENDA FORD, KELLY GREENWELL, PETE HOFFMANN, in their official capacities as members of the Hawaii County Council of the County of Hawaii IN THE CIRCUIT COURT OF THE THIRD CIRCUIT STATE OF HAWAII DAN A. COLE , Civ. No. 10- 1-0082 (Declaratory Judgment) Plaintiff, DEFENDANT COUNTY OF HAWAII'S vs. MOTION TO DISMISS AMENDED COMPLAINT FOR DECLARATORY C ^ UNTY COUNCIL OF THE COUNTY JUDGMENT AND OTHER RELIEF 0: WAIT, J STANLEY YOSHIMOTO, FILED JULY 6, 2010; MEMORANDUM D ( • IKEDA, GUY ENRIQUES, OF LAW IN SUPPORT OF MOTION; D ' ESH" ONISHI, EMILY 1. DECLARATION OF COUNSEL; NOTICE N SON, DOMINIC YAGONG, OF MOTION; CERTIFICATE OF B • KELLY GREENWELL, SERVICE P = N, in their official =s members of the Hawaii CI ounal of the County of Hawai i, J o DOES 1 -10, JANE DOES 1 -10, D CORPORATIONS, PARTNERSHIPS, GOVERNMENTAL UNITS OR OTHER ENTITIES 1 -20, Hearing Date: August 25, 2010 Defendants. - Time 8:00 a.m. • Honorable Glenn tiara Mole v. County Council 10- 1-0082 Dan A. Cole P.O. Box 630 Keaau, Hawaii 96749 Telephone: (808) 966 -9229 Pro Se IN THE CIRCUIT COURT OF THE THIRD CIRCUIT STATE OF HAWAII Dan A. Cole ) Civil No. 10-1-0005- f\) , - + -- (Declaratory Judgn a t) z „ ,m,, c) Plaintif ) t R ) COMMUNICATI NS TO Tl vs. ) COURT, Re: 18 UJS.C. §4; 'malt NOTICE TO ALL PARTIES COUNTY COUNCIL OF THE COUNTY ) REGUARDING THE STANDARD OF HAWAII J STANLEY YOSHIMOTO,) OF CONDUCT FOR SELF - DONALD IKEDA, GUY ENRIQUES, ) REPRESENTED PARTIES IN THE DENNIS "FRESH" ONISHI, EMILY I. ) THIRD CIRCUIT COURT OF THE NAEOLE - BEASON, DOMINIC YAGONG,) STATE OF HAWAI'I, SECOND BRENDA FORD, KELLY GREENWELL,) DIVISION; TESTIMONY TO PETE HOFFMAN, in their official ) COMM. NO. 911: (Res. 381-10; capacities as members of the Hawaii ) CERTIFICATE OF SERCIVE County Council of the County of Hawaii ) JOHN DOES 1 -10, JANE DOES 1 -10, ) DOE CORPORATIONS, PARTNERSHIPS ) GOVERNMENTAL UNITS or OTHER ) ENTITES 1 -20 ) ) Defendants. ) ) ) COMMUNICATIONS TO THE COURT The Plaintiff, Dan A. Cole, in accordance with 18 U.S.C. §4 Misprision of felony, and paragraphs 2., and 9., of the Court's, NOTICE TO ALL PARTIES REGUARDING THE STANDARD OF CONDUCT FOR SELF - REPRESENTED PARTIES IN THE THIRD CIRCUIT COURT OF THE STATE OF HAWAII, SECOND DIVISION, as ordered by the court on May 03 2010, is providing a complete copy of, "Testimony to Comm. 911: (Res. 381 -10) before the Hawaii County Council, Committee On Public Safety And Parks And Recreation, August 17, 2010. ", as such Testimony may be construed, though not intended, to be a violation of Court Rules pertaining to communications with adverse parties on substantive matters before the Court without presence of Counsel. Dated: Hilo Hawaii, August 12, 2010. Dan A. Cole Plaintiff, Pro Se IN THE CIRCUIT COURT OF THE THIRD CIRCUIT STATE OF HAWAII DAN A. COLE ) Civil No. 10 -1 -0082 ) (Declaratory Judgment) Plaintiff, ) ) CER'1'T'ICATE OF SERVICE vs. ) ) COUNTY COUNCIL OF THE COUNTY ) OF HAWAII, J STANLEY YOSHIMOTO, ) DONALD IKEDA, GUY ENRIQUES, ) DENNIS "FRESH" ONISHI, EMILY I. ) NAEOLE - BEASON, DOMINIC YAGONG,) BRENDA FORD, KELLY GREENWELL, ) PETE HOFFMAN, in their official ) Capacities as members of the Hawaii ) County Council of the County of Hawaii ) JOHN DOES 1 -10, JANE DOES 1 -10 ) DOE CORPORATIONS, PARTNERSHIPS ) GOVERNMENTAL UNITS or OTHER ) ENTITES 1 -20 ) Defendants. ) ) CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing document was served upon the following by mailing the same, postage prepaid, on August 13, 2010: LINCOLN S.T. ASHIDA Corporation Counsel County of Hawaii 101 Aupuni Street, Suite 325 Hilo, Hawaii 96720 Dan A. Cole Plaintiff, Pro Se TO: Hawaii County Council 11 August 2010 Dominic Yagong Donald Ikeda J Yoshimoto Dennis Onishi Emily Naeole - Guy Enriques (p (o Brenda Ford c Kelly Greenwell _,_ - Pete Hoffmann FROM Dan A. Cole p 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 3. 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. 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. Do Y agong Gny Ennt ques, Member C hai r Bren Ford, . Member Kelly C • m ember :. :: Pe fia e D . y 4 n, M fi Denn ` Tres ° ' Oru sbr - - ` Do nal c Il ia, M vi \ F m �1y N B eas o n, .. M em ber J Y shunoto Member • HAR� C OD1 1'Y CO CO I1 TTE O1 I PUBLI SAFET A PARKS AND RE 22" S es sion DATE A 17, 2010 (Tuesd PLA Sheraton Kea Bay n.... and Spa 78 -12 E St Kailua Kona,l awai`i 7 : 11 :30 acn. {Note• Plebe ta rn c ell phones, p ther m ob ile communi 40-7-- ces o s ilent mo de ) C ALF TO:ORUER ST ATEMENTS FR OM '1EIIE PI B LLC +ON h 7 NG ITEMS ON THE AGENDA :; REIRR 5 Comm 91 1 A RES O LUTIO N REG x H - US OF DN MA1KE D PO L I CE PATROL (Re :381 1O) 1 OI S (ur ging t h e P olic e mi efto stoII usma u nm a r k ed ve hicles) • Prom Co me K lly en wel , d a t e d tgu 3, 2Oltl, th above ADJOI MENT The:-.14... eet gp l ac ::::i4: , a c ces sibl e for w ith d P who need spec accom m odahbns fort should c 96 1.82 45 b 010 Relaytilerspleaseca 7.-. 7 11 -9 61-8245 t c tact our .` gee Copies ofthis .agenda a nd a te s fi s t ed on the age are avadabld: o rtth e : j C ount� Counci C lerk web page at httpJ/co.1 aware h us/eoun a g en das and act ores him. F fbr her informa g . call 9 61 824 .S rhe bderrs 1: ofd afOrfflslmid loyer Eawa count. zs mi_E4rrul . Prnvrde ;mid Fiep TO: Kelly Greenwell 21 July 2010 Council Member, County of Hawaii IN TURN ALL COUNCIL MEMBERS COPY TO: County Clerk, County of Hawaii, FOR Clerk's Laserfiche referenced records. r= mow, N COPY TO: Jason Armstrong, Staff Writer, Hawaii Tribune - Herald FROM: Dan A. Cole, Telephone: (808) 966 -9229 F � 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 on 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 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 a 35 -mph "treated like a goddamn r eenwell is 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 Aug. 12 court date.. • � would have `been treated still seeing red G r e enwell 69, admits he the same also `wond was speeding and got into if council c h ss By JASON ARMSTR get Tr y une Herald stoff a " match" with :.respect than other .elected po _ offic 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," be said Saturday unfit to serve on the force. Greenwell said h pl ans; - 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- lighten" people into fel 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." later' any policy or proce- Greenwell said he's not. duce of the Hawaii (County) going after Segobia: Police 'Department," : Tava- "My intentis to get _some. ' res said in a telephone mes- . reform in how` the Police' -sage. Department handles ' them -1 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-- Tribune-Herald. . ing to have Someone sail,' "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,‘ tear) window and starts and we don't have the right screaming at inc 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: laser :gun, for to sit E mml .lacon Ar m kozzg at handcuffed in a ' police: car �rrmstrong'CTimvuitnfitate= _ With the windows sealed, heralitean . Harry Kos ;` � f Lawrence K, Mahuna Mayor ' ; \ ' - - = =T = ��° t Police Chief I Harm S. KuboJiri Deputy Chief . County of Hawaii Police POLICE DEPARTMENT 349 Kapiolaui Street - Hilo, Hawaii 96720-3998 (808) 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 corruption outlined in Mr. Dan Cole's letter dated May 6, 2008. Major Kanehailua was informed by SSA - Gtorioso that the FBI had already received a copy of the letter and is currently deciding on the appropriate action to be taken. Should your 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. MAHUNIA POLICE CHIEF - cc: Mr. Dan Cole. tlawafl county is an Equal opportunity Provideraiid Employes' • Emily L Naeole -"- �� Council Member �•- •' - _• \ \..._,-, - • Mailing Address: ,i.. = -_= ' Business Ad . - (F County : - 333 aAvvenue, SecandF7oor 25Aupuu Street Ben Franklin Melding Hilo. Hamra? 96720 Hilo, Hawaii 96720 Hawai `i County Council - County ofHawai `i - Tel (808) 961 -8267 Fa1srile: (808) 9614912 .- - - June 5, 2008 To: Dan A. Cole _ _ . - -. - -- _ - - - - -- - - - P. O Box 630 Keaau, HI 96749 Aloha Dan A. Cole: Thank you very much for writing to me about your conceai. I appreciate your letter and will follow -up regarding your mana'o_ As of today, all complaints regarding Janet L Kameanan, Jay T. Kimura, Lawrence K. Mahuna, Mr. Albert R. Gonzales, Edward a Kubo, 1, Stanley Yoshimoto, and All . - COUNCILMEMBERS has been referred to Chairperson Pete Hoffmann. Again, I thank you and I hope this concern be resolved as soon as possible. - Mahaio Nui Loa, - A Eauly L Naeole V - • __ - - Council Member, 5 District - - - Haman Conroy 1s an EqualOpportimlty Prop(der and Enployer A -'.rjHpi Harry Kim %"i t► *= Lawrence K. Mabw Mayor ` ,. Sf� 1 Police Chief .. /. Harry S. Kubojiri Deputy Police Chief County of Hawaii POLICE DEPARTMENT 349 Rapiob i Street • Hilo, Hawaii 96720 -3998 (808) 935 -3311 • Fax (808)961 -2389 July 17, 2008 Mr. Dan Cole - P. O. Box 630 Keaau, Hawaii 96749 • Dear Mr. Cole: • RE: Cote et al, vs. Emily Naeole, Coun©lmember, 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 documents 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, gi rt -� Da _'■ sus tz - HSK:hmk 'Hawaii • County is an Equal oppcctzmity Prwiderand Employer • - - -- --- - _ . . , - .- - • , . ,. r _---4,11 1 ft;vs---eq- ---- '. -'- ---:, :: "0"-7-"--41115 - - - ---- - -- - . . - - " .....__ .... , ... _ . ... .. . ,---... - 6 May 2008 , --,, r -,..- ...-.. - - _ - ',--- -- - tt- _ - --- - - - .F-- ?-1 - -. .- c-ri - - --- y. -- ----- ;'e:: - - CAD (---.- — T Irma L. arn:ono) •- - . . Special Agent in Charge - - - -, -3 ..„...-..z. . _ Federal Bureau afInvestigation - - - --- i -- 1 c_ i --.;- - : . - Hooch& Division --.1 V. - _ 7 *. P.O. 50164 - - ..7...-- -/--- T - lionohdu, Hama 96850 : USPS Certified Mail No. 700525700001 1926 f"...-3. 4=3 . • . c=a co■ TO: Jay T. Simure _ . . _ Prosecuting Attorney - % ._-2. CI - e-rz County anima . - --- -,:- - - 34 Rainbow brive - - --- ca - ' Bib, Hawaii 96720 - '''CS 71= USPS C.ertified Mail No. 700525700001 192671191 ---. - - 2 ; : • - ' • TO: Lawrence S. Mahan -- * al.= -&-...- a) Chief of Polies • _ - . - County ofliaivail • 349 Sapielani Street - . _ - - Hilo., llama 96720-3998 - . . . .. - USPS Certified Mil No. 700525700001 19267884 . . • . copy TO: lharlyNaeole _ .- . Coancilateanber, County ofIlawafi • - SUBJEC'T: EXTORTION OF ELECTED OF7ICIALS _ . . . - & PRIVATE CITIZENS BY THE HAWAII COUNTY • POLICE DEPARTMENT FOR THE PROTECTION OF A . RACKETEERING ENTERPRISE. - .- . . Dar Sworn Protectors ofihe Constitatio" n &Enforcers ado Law: The attached docurneniatio' n, and the language contained therein speaks for itself - • and pviides evidence ofthe existence and operation of an Enterprise engaged in • racketeering actives that cadre' or influence County, State, andFederal Offices, aid . - Officials little State ofIlavrafi, extorting sworn officitds into is afrmdfcesance, misfeasnsce, sod nonfeasance for the profit °fat Enterprise, and how iheRawafi Canty • Police Deportment threatensind extorts Illeded Officials and Pave' te Moan for the -- - . . . - protection. °filo Eatetpdse.- . . . . FI LE . • . _ . —Ws , . . • ,-<--",s, iipy -r-—, ' . t- ,).: ' --_..z., s' , - i7 e.c.;., ec 6 May 2008 • . TO: Janet L. Kamcrman . Special Agent in Charge Federal Bureau of Investigation Honolulu Division P :O. Box 50164 Honolulu, Hawaii 96850 USPS Certified Matt No. 7005 2570 0001 1926 7877 TO: Jay T. Kimure Prosecuting Attorney County of Hawaii 34 Rainbow Drive Hilo, Hawaii 96720 USPS Certified Mail No. 7005 2570 0001 1926 7891 TO: Lawrence K. Mahuna _ r Chief of Police - County of Hawaii 349 Kapiolani Street - Hilo, Hawaii 96720 -3998 USPS Certified Math No. 7005 2570 0001 1926 7884 • COPY TO: Emily Naeole Councilrnember, 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 ()film Law: The attached documentation, 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 uprise, and how the Hawaii County Police Department threatens and extorts Elected Officials and Private Citizens for the protection ofthe Enterprise. 1, TES 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 Dent, and knew of the organized corruption. in the County Countigovernment, 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 hear family was observed to be a physically painful, and soul w 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. lboshi, 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 attar STIPULATIONS, filed in the United States District Court, 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 b February 2008, Complaint to Robert S. Muller, 111, 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, identfified 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 11-1E MAYOR'S OFFICE, COUTY OF HAWAII. OCT 13.2009. RE: OIP (APPEAL 10 -111 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 110, Hawaii, was an overt office 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 April 15, 2008 request to U.S. Attorney Kubo. Thank you for your won in this matter. Sincerely, lisle- .4 -e Dan A. Cole - United States Citizen Attache& April 15, 2008 letter 3 Yoshimoto to Edward Kubo, (1 page) Dec 6, 2007 memo Mitchell Roth to Charlene Ibosbi, (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, 111, (2 pages) Police Report, 008000381, DISPOSITION, Dated 04-22-2008, (1 page) IBIS DOCUMENT WAS PROVIDED BY r'HE MAYOR'S OFFICE, COUTY OF 3AWAII, OCT 13. 2009. RE: OIP (APPEAL 10 -11) „ , TO: Mr. Alberto R. Gomodes, phone 202,514-2001, fax 202-307-6777 I May 2007 United States Attorney General United Slates DepartmernofJustice 950 Pennsylvania Avenue, NW - Washington, DC 20530-0001 USPO CERTIFIED MAEL #71184 1356 OM 6618 3528 Irliminal Dkridan Q8.111890308 Mr. Edward H. Kelm, ione 808-541-2850, fax 808-541-2958 •":1 r. FH , • • • -‘ Unite' d Skies Anorney District of Hawaii 300 Ala Moans. Blvd, Site 6100 Honolulu, HI 96850 - USPO CICRTISHOD MAIL V70114 13580881 6618 3535 Mr. Lawrence Mahone, phone 808-961-2261, fax 808-961-8865 • CidefofPorace . County offlawaii 349 Kapk Street • Hilo, HI 96720 . USPO CZKIIIMCD MAIL 07084 1358 111881 6618 3542 CIUMINAL CQ1VIPLAINT • COMES NOW Dan A. Cole, Unite' d Skies Citizen, m =calm ofa citken's Rig hls andFnedonni as seemed to cilbcas bribe Federal Canslitution, Bill ofRights, First Amendment Right to petition the Govorament fcrrednass -of vievancrs, and by - rights ofequal protection. oral laws as secured bythe Fourteenth Amendment, by filing this citizens Criminal Complaint, for violations ofa cidzen's *ins in accordance with Mk 18 United States Code Pt 1, ampler 13, Sulstrotion2A1- Consiancy against . rights. This complaint k filed against ecospiratorri 46dc J. Bourctt, Attorney General State oBait Lincoln SM. Ashida, Corporation C.ormsel fix the County ofHawaii, Steven MK. Chang Chiefofthe sada Hazmdons Waste Branch, State of Hawaii Health Delaattnent, and Doe, Seek County, Peden' public afficialsienoplaVVi F 1 LE 0 COPY The documentation hereto attached under TAB "A ", 23 April 2007 Teter, 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 34213-1 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 organized 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_ Rata Khn Mayor *f Lawrence K. Mahal t ,` • Police Chief S. KuC'" County of Hawaii Deputy Police Chief POLICE DEPARTMENT 349 Kapiolani Shut • Hilo. Hawaii 9,6720 -3998 (808) 935 -331I • Fax (808) 961 48869 May 4, 2007 TO : LINCOLN S. T. ASHIDA, CORPORATION COUNSEL ATTN DEPUTY CORPORATION COUNSEL FROM : PAUL K. FERREIRA, ACTING POLICE CHIEF SUBJECT : REVIEW AND COMMENT OF CRIlvIIN'AL 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 CoIe, concerning illeg dumping which occurred at Hawaiian Paradise Park, 15 -1490 26 Avenue, Puna.. In individual committed ill sum, Mr. Cole alleges 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 your assistance in reviewing the documents and provide any legal for p Y 1� cominents/recornmendations_ Should you have any questions, feel free to contact Major Jay Rnanoria: of our Administrative Services division at 961 -2247 Thank you for your attention in this matter. jne Enclosure ' Hawail County is as Equal Opportunity Provider and Employer Harry Kim '='k Lawrence K. Mahn Maim ;; *' �`, j; ^ S Police Chief Harry S. Knbojiri Deputy Police Chief County of Hawaii POLICE DEPARTMENT 349 Kapiolmi street • Hlo,Hawaii 96720-3998 (808) 935 -3311 • Fret (808) 961 -8865 June 7, 2007 Mr, 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 Hite to take this opportunity to correct a misrepresentation of fad 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 Opportunity Provider aad Employer" _ _ _ .-....."- ....-. TO: Emily Naeole - - 31 March 2008 1 Counailinernber, County online/at L '. i_ ! .' 1 rv■ 4=3 4=i■ =NM - 0 ?I119 Jilf-ii 30 Pr9 1 9 t " 0 TO: iYo 0 - shirnoto , • .... ... Ti - Counalmenther, County ofHavaii, ,.: _ . , z_ 4— __ _ , 4.-M,I.All r-, • _, ,, , _. . /i-„, • L- 1 • -.:- FROM: Dan A. Cole, phone 808-966-92249 - - -4 •-,. P.O Box 630 _2 - Beam, Hama 96749 , fN) — cn SUBJECT: Additional evidence of viidespread organized • . corruption of County & State Offices and Sworn Public • - Officials, m violationof the Federal RICO Act Aloha Councilmanbas Naeole & Yoshimoto, - The attached 9 January, 2008 letter/UIPA Request to Lt Gov. Imes Aiona is additional evidence ofthe widespread and well organized corruption of Canty and State - - Offices and SwoniOfficials. As paw conversations with Counalmemlier Yoshim' oto, I have not been able to obtain the Slate Attorney General moor& fiat Environmental Crimes Unit investigation as identified into attached June 4, 2004 request froin Lincoln S.T. Ashida, evaporation Cormsel, County &Hawaii: Please note that documentation ofthis investigation, or dean** non-investigaticm, will be lost as it is "Smoking Gun" evidmee that corm* officials lathe County ofklawah,* engaging in violations of State - and Federal laws mthe constrnetion of stream (Eversion w to protect selected private properties, that directly caused streams in Hilo to aka their nonnal coarse during • flowing amitions. The damage to property front ihe Febnuay 2008 mins, and funny • damage to property and possible injury and loss of life flu Moodie's, will be the County of Hasvairs responsibiTny, both madly and financially, and will be paid foxby the _citizens ofthe County ofliawaii while ihe corrupt officials go fleet° come in future criminal activities at the citizens expense. On 10 Novanber 2004, I - vas contacted by Ed Goma, investigator for - the Environmental Crime's Unit% Ater answering Investigator Gomes questions, he • confnmed tha it was a age forthe StatelFedend Envimnmental Crimes Unit. After • receiving no follow up to ray testhnony in the case, on 17 February 2005, I called the State Attorney Generals Investionions Office, 1-808-586-1420 and infirmed that Ed Gonna vas transfined and that a Imestigator Yamasaki woukl contact me, again I was �v& contacted and numerous adls to investigator Yamasairrs voice mail were neva returned. ... . 1: v‘t-- , 0,, „_,-. • . G o? :- TO: Frady Naeole • 31 March 2008 Councilmember; County of Hawaii 0 TO: J Yoshimoto Off, 3 Councrlmember, County of Hawaii 7.3 � �- ca r3 FROM Dan A. Cole phone 80&- 966 -9229 , • P.O. Box 630 Keaau, Hawaii 96749 • m FTi c SUBJECT: Additional evidence of widespread organized corruption of County & State Offices and Sworn Public • Officials, in violation of the Federal RICO Act. Aloha Councilmembers Naeole & Yoshimoto, The attached 9 January, 2008 letter/U>PA Request to Lt. Gov. James Aiona is additional evidence of the widespread and well organized coumuption of County and State Offices and Sworii Officials. As per my conversations with Counaimember Yosbimoto, 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 from 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 Gum" evidence that conupt officials in tie County of Hawaii, engaging in violations of State and Federal laws in the construction of stream diversion works to protect selected private properties, that directly caused streams in Hilo to alts their normal coarse during flooding conditions. The damage to property from the February 2008 rains, and firture damage to property and possible injury and Ices 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 corrupt 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. Auer answering aator Gores 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 case, on 17 February 2005, I called the State Attorney Generals Investigations Office, 1`- 808 - 586 -1420 and was informed that Ed Gomes was tred and that a Investigator Yamasaki would contact me, again I was never contacted and numerous calls to Investor Yamasaki's voice mail were never returned. 1. THIS DOCUMENT WAS PROVIDED BY MB MAYOR'S OFFICE, COUTy OF JAWAIL OCT 13. 2009 RE: OIP (APPLAL 10-11) 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 ofthe 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 Hawaii, and cause those corrupt officials to be brought to justice. Thank you for your attention in this matter. Sincerely, i th :1 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) • 7 J 2008 RECEI USPS CfitTHe ED MAIL No. 7005257000011926 7976 as AL -9 RAI e 56 RETURN RECL PT REQUESTED TO: Lawrence K. Mahuna POL ICE Chief ofPolice County of Hawaii 349 Kapiolani Street Hilo, Hawaii 96720 -3998 -CC: Janet L Kamerman, (with attachments) Special Agent in Charge U.S. Department of Justice Federal Bureau of Investigation 300 Ala Monne Blvd. Suite #4230 Honolulu, Hawaii 96850 USPS Certified Mail No. 7005 25700001 1926 7983 CC: Edward H. Kubo, (with attaclunenots) United States Attorney PJKK Federal Building 300 Ala Moana Blvd. #6 -100 Honolulu, Hawaii 96850 USPS Certified Mail No. 7005 25700001 1926 8003 CC: Madc J Bennett, (with attacliments) Department ofthe Attorney General State ofHawraii 425 Queen Street Honolulu, Hawaii 96813 USPS Certified Mail No. 7005 2570 0001 1926 7990 RE: Impeach Hearing, Judge Greg Nahanuna, 7/24/08 8:30AM C IRM1, Cole et al., vs. Emily Naeole, Council Member Council District #5, County of Iiawaii Dear Chief Mahuna: In won for a 7/24/08 Hearing before Judge Greg Nakamura, In The Circuit Court of the Third Circuit, State of Hawaii, I request to know the status ofthe your attached May 29, 2008, request to Ms. Janet L. Kane nnan, FBI Special Agent in (harms for FBI assistance in hrvestigating the allogallons of government corruption, and alleged corruption within the Hawaii County Police Department, RE: RICO Act. 1. 'mS DOCUMENT WAS PROVIDED BY MAYORS OFFICE, corny OF 28603 IAWAIL OCT 13. 2009. RE: OIP (APPEAL 10 -11) In preparation to identify and call forth witnesses before the Court in this case, it is requested that you levies./ the attached 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 T N days of reeiept of this request, if no response is received on or before 18 July 2008, It will be understood that you, Police Chief Iawarmee Mahuna, in accordance with the assenting-silence doctrine, approve of, and will support and defend, as legal acts and actions, all acts and actions of the Hawaii County Police Department personnel that can be identified in the attached documentation, and will be prepared to defend such acts and actions before the Court. Thank you for your attention in this matter. Sincerely, Dam A. Cole United States Citizen Attached: • May 29, 2008 request from Chief Mahnna to FBI SAIC Benue rman, (1 page) Complaint for Impeachment, 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 Arne 2008, letter Dan A. Cole to Wayne Metcalf JD2404, William E. Smith JD2080, Jay T. Bimma JD2497, Dakota LM. Freaz 3D008468, with attachments, (99 pages) 2. • HIS DOCUMENT WAS-PROVIDED BY HB MAYOR'S OFFICE, COU1Y OF AWAIL OCr 13.2009 RE OP (APPEAL 10-11) IRS Page 1 of 2 §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: 1 will forward this email to Corporate Counsel c/o Lincoln Ashida. Mahalo Emily Naeole 00. 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.hlus; enaeole @co.hawaii.hi.us; genriques @co.hawaii.hi.us; jarmstrong @ hawaiitribune- herald.com ; jbumett @hawaiitribune- herald.com; jyoshimoto @co.hawaii.hi.us; kgreenwell @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 Intemal 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 flve,(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 - &sand= atpg4c9ijgbup 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.hawau.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@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.Attomey Kubo, & Det. Briski. I have provided the Hawaii County Police Department Intemal 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 Yrtnt 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 1 Download Selected x a r 19 auq 2009 002.JPG (1758KB) http: / /us.mg2.mail. yahoo. com /dc/launch ?.rand =ffb83avtatp6b 8/26/2009 William P. Kenoi `�• �: • Harry S. Kubojiri Mayor �' Police Grief }T •S Paul K. Ferreira Deputy Police Chief County of Hawai 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" b lik ' •tr slSy � LINDA uluGLE STATE OF HAWAII GOVERNOR OFFICE OF THE LIEUTENANT GOVERNOR JANES R. T "' „ OFFICE OF INFORMATION PRACTICES CATHY L. TAKASE 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@hawa"u.gov www_hawailgov /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 ( "01P") 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, 41 4, 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 -4 (1993). Harry S. Kubojiri William P. Kenoi - � Police Chief Mayor •, L�� ; 1; t�s+ • . 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 Hawar 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: (1) 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 individual access. An agency is not required by this part to grant an individual access to personal records, or information in such records: (1) Maintained by an agency that performs as its or as principal function any activity pertaining to the prevention, control, or reduction of crime, and which consist of: (A) Information or reports prepared or compiled for the purpose of criminal intelligence or of a criminal investigation, including reports of informers, witnesses, and investigators; or (B) Reports prepared or compiled at any stage of the process of enforcement of the criminal laws from arrest or indictment through confinement, correctional supervision, and release from supervision... (4) Including investigative reports and materials, related to an upcoming, ongoing, or pending civil or criminal action or administrative proceeding against the 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, please call Lt. Ishii of our Records and Identification Section at 961 -2232. Sincerely, y S. B• .R Po E CHIEF RMI FAX TRANSMITTAL: Thirty- Three, (33), pages total. 4 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 Administiative 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, "pc L� 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) (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 (8) 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 attorney or investigator so designated by the Attorney General and charged with the duty of enforcing 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 enteredin any case or proceeding arising under this chapter; (9) "documentary material" indudes 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. 111 LE 18 > PART I > CHAP # tR 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 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, 'ng 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 mail 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).P 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), setion 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 five 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 vehide 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 taw 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 (G) any act that is indictable under any provision listed in section 23326 (g)(5)(B); Racketeer ht. ...iented and Corrap. Jrganizations • Act - torime Vcskikt-tibt--- The Rielitteerlidineneed ad Corrupt Organikatiens Aet (commonly reamed to as RICO Act or RICO) is ajlnijed States federal bra that psovidet for c steadied penalties for criminal acts perthiMed as part of an ongOing Criminal caganisatien. RICO was enacted by section 901(a) ofthe Organized Crime:Conti Act of 1970; Pith: L M. 91 Stat. 922 (15 October 1970). RICO is codified as Chapter 96 ?frac 18 - ofthe United States Cede, IS U.S.C. § 1961 through 111U.S.C. § 19611. It was intended to make it easier to prosecute orgenized mime figures, but has been applkd in several other cases as well. It has been speculated that mune and actonyin were selected in a sly reference to the movie Little Caesar, which featured a notodouS gangster named Rico. The odginal dottier ofthe bill, O. Robert Blakey, refused to confiMi or deny *bi - _ . Stinlithlry •- Thaler RICO, a person or group who cmmits' any two Of 35 ainm federal (mimes and ante - vdokee 10 e& Pedod and. in the opinion ofthe United States Attonaey Winging the awe has connoithed those crimes W sinew purpose or rendts cart he charged With sacketecrin' g Those found guilty ofoseketeering Can be fined up to $21000 anclior sentenced to 20 yeans in prison perinoketaxing coimL In _addition, the racketeermust forfeit all agonen gains and interest in any business gained *lima a pattern of 'rackets:cling activity" .When the U.S. Attorney decides to incfict someone tinder RICO, he has the option or secking a pro4rial _ restraining order or injunction to tempormily seize a defendant's assets and prevent the transfer ofpotenthdly foxfeitable property, as well as require the defendant to p*, a pesformance bond. This provision was • placed in the law beeause the Gemara ofklafiagelated shell cosporations ellen absconded with the assets. An • inilvaction andtor perfonnance bond ensues dug the is something in seise in the event ofaguiJyr ventict. lnmaay cases, the threat ofa RICO indictment can face defendants to plead guiltyto lesser charges, in put • because the seizure of assets would make it difficdt to pay &defense attorney. Deteite its harsh provisions, a RICO-related chaigi is easy to prove in court, as it focuses on patterns of behavior as opposed to (xin' Anal acts.r There is also a provision for pivot. parties to sue. A "person damaged labia business or poverty' can sue one or more Nacketeencr The phaintiffimut prawe the existence ofa "criminal enterprise." The defendant(s) are not the entexpris' e, in other words, the dethndant(s) and the entesprise are not one and the same. These must be one of four specified telationships between the deSendant(s) and the enterpris' e. This lawsuit, lire most Federal -civil lawsuts, can take placcin either Fedend or State court. 111 (htt p :// w ww. desder - magairinecom/hidex.asp?astide.4111) Bout the federal and civil components allow for the recovesy of toeble damages (damages in triple the - amount of actual/compensatory damages). Although its primary intent was to deal with ogiuniZed crime, Blakey said that Congress never intended it to - merely apply to the Mob. He once told ran4 "We don't want one set *hides for people whose collets are blue or whose names end in vowels, and another set for who collars are white and have Ivy League - cliplomas. • • • 111 THE CONSTITUTION OF THE STATE OF HAWAII 0 ARTICLE l BILL OF RIGHTS Note For proposed Motional amendment to Article 1, see Act 60 on page 301 of the 2004 Session • Laws of Hawaii. POLITICAL POWER - Section 1. All political. power of this States inherent in the people and the responsibility for the exerese thereof rests with the people. All government is founded on this authority. [Am Coast Con 1978 and election Nov 7, 1978] RIGHTS OF INDIVIDUALS • Section L Alt persons are free by nature and are equal in their inherent and inalienable rights. Among these rights . are the enjoyment of life, hterty and the pursuit of happiness, and the acquiring and possessing of property. The rights cannot endure unless the people recognize their' corresponding obligations and responsibilities. [Am Const Can 1978 and election Nov 7, 1978] • EQUALITY OF RIGHTS • Section 3. Equalty of rights under the law shall not be denied or abridged by the State on - accOuntof sex. The Levantine shalt have the power to enforce, by appropriate legislation, the - provision cif this section. [L 1972, SB No 1408 -72 and election Nov 7,1972; ren Const Con 1978 and election Nov 7,1978] • FREEDOM OF RELIGION, SPEECH, PRESS, ASSENBLY AND PETITION Section 4 No law shall be enacted respecting an establishment of religion, or prohibiting the free eroercise thereof, or abridging the freedom of speech or of the press or the right of the • people peaceably to assemble and to petition the goverranent for a redress of grievances. [Ren • and am Coast Con 1978 and election Nov 7, 1978] - • DUE PROCESS AND EQUAL PROTECfON Section 5. No person shalt be deprived of Life, llerty or property without due process of law, nor be denied the equal protection of the laws, nor be denied the enjoyment of the person's . civil rights or be dated against the ewe thereof because of race, religion, sex or ancestry. [Ren and am Coast Con 1978 and election Nov 7, 1978] • •