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COM 0010.001 2010-2012
P�COUN FROM: Dan A. Cole P.O. Box 630 Keaau, Hawaii 96749 Council District #5\ Testimony in COMMENT to Comm. 10: Request Discussion With Corporate Counsel Regarding Attorney - Client Privilege, referred for Executive Session, Wednesday, December 15, 2010, RE: Can a Council Member be held civilly or criminally liable in a lawsuit, where it is learned the Council Member followed the advice of the Corporation Counsel? The attached August 11, 2003 four page MEMORANDUM from Lincoln S.T. Ashida, Hawaii County Corporate Counsel, RE: The Attorney- Client Privilege, combined with a copy of Chapter 626 HAWAII RULES OF EVIDENCE RUEL 503 Lawyer- Client Privilege as referenced in Counsel Ashida's Memorandum. The documentation and the language contained therein speaks for itself. I call the attention of the Council to item #5 of Counsel Ashida's memorandum; 5. Can I be held personally liable in a lawsuit, where it is learned I did not follow the advice of the Corporation Counsel? A prudent Council Member should also ask the Corporation Counsel: Can a Council Member be held personally liable, criminally or civilly, where it is learned that the Council Member DID FOLLOW the advice of the Corporation Counsel? Please refer to the attached page identified as RULE 503 LAWYER- CLIENT PRIVILEGE, (d) Exceptions. There is no privilege under this rule: (1) Furtherance of crime or fraud. It the services of the lawyer were sought, obtained, or used to enable or aid anyone to commit or plan to commit what the client knew or reasonably should have known to be a crime or fraud; Page 1. of 2. Comm. No. t O. I Ref. To: '"• oseatsd COUtICt Ref. Date DEC 15 2010 (2) Prevention of a crime or fraud. As to a communication reflection the client's intent to commit a criminal or fraudulent act that the lawyer reasonably believes is likely to result in death or substantial bodily harm, or in substantial injury to the financial interest or property of another. The attached forty- eight, (48), pages are just a few of the cover pages of documents that the County of Hawaii has been presented identifying and Enterprise formed and controlled by and through "Local" cultural and ethnic norms and other associations engaged in patterns and histories of racketeering activities for the benefit of the Enterprise and in violation of Federal RICO statutes that influence, control, or extort the actions of the Hawaii County council and other County, State, and federal offices and employees to include the Judges and Officers of the State and Federal Court systems in Hawaii. The attached documentation identifies Wonton & Reckless Criminal Misconduct on the part of the County of Hawaii, knowing and knowingly acts and actions, or non -acts and non - actions that expose County Council members to State and Federal civil and criminal prosecution. A reasonable person could construe that the actions of the Hawaii County Council are under the control or extortion of the aforementioned RICO Enterprise, and it would appear by the documentation that Corporate Counsel Lincoln S.T. Ashida is a member of the aforementioned RICO Enterprise. I hope this information is of use in your discussions with Hawaii County Corporate Counsel Lincoln S.T. Ashida. Sincerely, ." Dan A. Cole • • - "•`�:r Lincoln S.T. Ashida Harry Kim - = Corporation Counsel Mayor -- l � =�/ • 'M Gerald Takase Assistant Corporation ! Counsel COUNTY OF HAWAII OFFICE OF THE CORPORATION COUNSEL 101 Aupuni Street, Suite 325 • Hilo, Hawaii 96720 -4262 • (808) 961 -8251 . Fax (808) 961 -8622 August 11, 2003 MEMORANDUM 2003 -3 TO: OFFICE OF THE MAYOR HAWAII COUNTY COUNCIL ALL DEPARTMENT HEADS ALL BOARDS AND COMMISSIONS FROM: LINCOLN S. T. ASHIDA Corporation Counsel RE: The Attorney - Client Privilege We thought it important to revisit our laws conceming the attomey - client privilege, in order to provide guidance to our County clients, and avoid potential liability for our County as well as personal liability for County officers and employees. The Law Hawaii Rule of Evidence 503 embraces the attomey - client privilege. The general rule is stated as follows: A client has a privilege to refuse to disclose and to prevent any other person from disclosing confidential communications made for the purpose of facilitating the rendition of professional legal services to the client (1) between the client or the client's representative and the Lawyer or the lawyer's representative, or (2) between the lawyer and the lawyer's representative, or (3) by the client or the client's representative or the lawyer or a representative of the lawyer to a lawyer or a representative of a lawyer representing another party in a pending action and conceming a matter of common interest, or (4) between representatives of the client or between the client and a representative of the client, or (5) among lawyers and their representatives representing the same client. The following discussion will assist in understanding the somewhat convoluted verbiage above. 1. What communications are covered by the privilege? Only "confidential communications made for the purpose of facilitating the rendition of professional legal services to the client" are covered by the privilege. Our lawyers, in an abundance of caution, consider virtually all of our work - related communications with our clients as "confidential communications" as defined by the above rule. To this end, our lawyers mark these communications, "Privileged and Confidential Communication," or similar language in bold, conspicuous print at the top of these communications. Note that "professional legal services to the client" means just that. The communication must be related to our work for the County in order for the privilege to apply. In other words, if you ask us, "Gee, I wanted to ask you about a personal matter I have, and get your advice.... ", such communications (i.e., what you tell us and what we may tell you) may not be covered by the privilege. 2. Who owns the privilege, and who may disclose the confidential communications? Absent specific exceptions, the client and the client alone owns the privilege, and therefore, the client is the only one who may disclose these communications. 3. Are Corporation Counsel staff considered "lawyer representatives" for purposes of the privilege? Yes. Our entire staff understands the sanctity of the privilege, and is trained in preventing unauthorized breaches of the attorney - client privilege. 4. What can happen if our department releases information concerning discussions we had with Corporation Counsel? Although the general statement, "After discussing this matter with our lawyers, we have decided.... ", may not breach the attorney - client privilege, a statement such as the following will be regarded as compromising the privilege: "Corporation Counsel has told us we need not issue the permit, because our County ordinance does not apply....." In other words, merely stating that you have consulted with your attorney will not breach the privilege. However, stating the reasons underlying our opinion will. Further, once the privilege is breached, it cannot be reasserted. Thus, all communications surrounding the previously privileged matter become fair game. In short, you cannot "unring the bell." 2 The advent and prevalent use of e-mail presents other issues of concern. Our clients often communicate with us via e-mail, and our attorneys often dispense advice or recommendations using this means. All e-mail communication should be regarded as privileged and confidential. Please guard against forwarding these e-mail messages (in part or in total) to any person outside of the County, as this would serve to compromise the attorney- client privilege. 5. Can 1 be held personally liable in a lawsuit, where it is learned / did not follow the advice of the Corporation Counsel? Yes. In an extreme case, assume our office provided an opinion on a certain issue. The department head, as the chief policy maker, disagreed with the opinion, and decided to act in a contrary manner (as is their prerogative to do so). In subsequent litigation directed against the County for alleged harm caused by the department head's decision, the aggrieved party will never know that the department head was advised not to take the selected course of action. However, if there has been a breach of the privilege (e.g., a communication is found wherein the department indicates they have consulted with Corporation Counsel, and some of the otherwise privileged discussions are referenced), a court may be called upon to rule whether the privilege has been legally waived. If a court finds the privilege no longer exists, all communications relevant to this issue may arguably be discoverable to the aggrieved party. Assuming the aggrieved party teams of the earlier privileged communication, the aggrieved party may then seek punitive damages against the department head personally, arguing that he/she was placed on notice that the aggrieved act was illegal, and that the action was therefore done with malice. Please note that this is an extreme example, intended to demonstrate what could happen in the "worst case scenario." Nonetheless, we thought it our responsibility to share with you what we believed was legally possible. 6. Is it permissible to share a "confidential" opinion or other communication from the Corporation Counsel with another department, or the Council? Yes, on a need -to -know basis, and under confidential cover. We have historically taken the position that although our attomeys service individual departments, the County as a whole is considered the "client" for purposes of the privilege. This is necessary, due to the legal requirements imposed by our laws. As an example, if a department is involved in litigation, the department head will 3 be consulted regarding settlement. In turn, the Council must approve any monetary settlement in excess of $1,500. What is not acceptable is the reproduction, or other sharing (whether verbal or otherwise) of our opinions with the public, media, or any non - County entity. Even sharing our privileged communications with the State and Federal governments, when not authorized or mandated by law, may serve to compromise the privilege. Recommendations 1. Department heads and department heads alone should determine if and when to release information protected by the attorney - client privilege, as they are the primary policy- makers for their respective departments. Prior to releasing any privileged material, you should contact our office and discuss the matter with your assigned attorney. 2. Department heads should advise their subordinate employees of the contents of this memorandum, and develop necessary safeguards to protect against intentional and /or inadvertent disclosure of privileged material. Our attorneys will provide the necessary in- service training for your personnel if you desire and so request. Some recommended procedures are: • Segregating all communications received from Corporation Counsel and maintaining them in a separate confidential file. • Alternatively, segregating all communications received from Corporation Counsel and maintaining them in a portion of your files marked confidential. • These "communications" from Corporation Counsel include e-mail messages, as well as the notes of any verbal advice or representations made by our attorneys. E -mail messages should not be forwarded to any person outside of our County. Printed e-mail messages should be segregated and protected as confidential as any written, privileged communication. 3. The attorneys and staff of the Corporation Counsel zealously protect the attorney - client privilege. To this end, it is important for all department heads and their subordinate personnel to understand the candid, frank and complete sharing of information with representatives from our office is extremely critical for our attorneys to effectively and properly perform their duties. We appreciate the opportunity to serve your legal needs. If you have any questions regarding this matter, please feel free to contact me, or your assigned attorney. S: Departments/Corp CounseVLSA Misc. Corresep. /Memo re Privilege 8 -7 -03 /LSAmr 4 CBAP'lt`626 • HAAWAII RULES OF EVIDENCE RULE 503 LAWYER - CLIENT PRIVILEGE. (a) Definitions. As used in this rule: (1) A "client" is a person, public officer, or corporation, association, or other organization or entity, either public or p private, who is rendered professional legal services by a lawyer, or who consults a lawyer with a view to obtaining professional legal services. (2) A "representative of the dient" is one having authority to obtain professional legal services, or to act on advice rendered pursuant thereto, on behalf of the client (3) A "lawyer" is a person authorized, or reasonably believed by the client to be authorized, to practice law in any state or nation. (4) A "representative of the lawyer" is one directed by the lawyer to assist in the rendition of professional legal services. (5) A communication is "confidential" if not intended to be disclosed to third persons other than those to whom disclosure would be in furtherance of the rendition of professional legal services to the client or those reasonably necessary for the transmission of the communication. (b) General rule of privilege. A client has a privilege to refuse to disclose and to prevent any other person from disclosing confidential communications made for the purpose of facilitating the rendition of professional legal services to the client. (1) between the client or the client's representative and the lawyer or the lawyer's representative, or (2) between the lawyer and the lawyer's representative, or (3) by the client or the clients representative or the lawyer or a representative of the lawyer to a lawyer or a representative of a lawyer representing another party in a pending action and conceming a matter of common intent, or (4) between representatives of the client or between the client and a representative of the client, or (5) among lawyers and their representatives representing the same client (c) Who may claim the privilege. The privilege may be claimed by the client, the clients guardian or conservator, the personal representative of a deceased client, or the successor, trustee, or similar representative of a corporation, association, or other organization, whether or not in existence. The person who was the lawyer or the lawyer's representative at the time of the communication shall claim the privilege on behalf of the client unless expressly released by the client (d) Exceptions. There is no privilege under this rule: (1) Furtherance of crime or fraud. If the services of the lawyer were sought, obtained, or used to enable or aid anyone to commit or plan to commit what the client knew or reasonably should have known to be a crime or fraud; (2) Prevention of crime or fraud. As to a communication reflecting the client's intent to commit a criminal or fraudulent act that the lawyer reasonably believes is likely to result in death or substantial bodily harm, or in substantial injury to the financial interests or is!' property of another, (3) Claimants through same deceased client As to a communication relevant to an issue between parties who claim through the same deceased client, regardless of whether the claims are by testate or intestate succession or by inter vivos transaction; (4) Breach of duty by lawyer or client As to a communication relevant to an issue of breach of duty by the lawyer to the client or by the client to the lawyer, (5) Document attested by Lawyer. As to a communication relevant to an issue concerning an attested document to which the lawyer is an attesting witness; (6) Joint clients. As to a communication relevant to a matter of common interest between two or more clients if the communication was made by any of them to a lawyer retained or consulted in common, when offered in an action between any of the clients; or (7) Lawyer's professional responsibility. As to a communication the disdosure of which is required or authorized by the Herr n „� .,. �..__ -__ -, - 31 A6! OF 1133 Sec.17 (3) Cov. The term `covered security" means a security that satisfies the standards fir a covered se- a ( 18(b) at the omission, or manipulative or eve conduct occurred, except that such term shall not include : k debt security that is eg empt fruin regis' tration.imder this pursuant to rules issued by the Col nmiS1aa under section 4(2) (May 27, 1933, ch.. 38, title I, Sec. 16, 48 Stat. 84; Pub. L. 105-353, title I, Sec.101(aX1), Nov 3,1998,112 Stat. 3227.) PRAIIIMIANT DITERSTATIC TRANSAC!'IONS SEC. 17. (a) It shall be unlawful for any person in the af. or sale of any securities (inchzding secnity -based swaps) or any seal- = ray swap agreement (as defined in section 3(aX78) of the Se- , - awities Exchange Act) by the use of any means or instnmients of in interstate coamneroe or by use of the mails, for mdirectiy— obtain mace scheme, or artifice to defraud, or any device, (2) to ob t fib y by means of any =true any to state a material of fact necessary in carder to make the its made, in light of the cnuimstanoes under which r - l or were made, not mis- - � (3) to engage in any try, per, or course of busi- ness which operates or would operate as a frond or deceit upon (b) ItIt�shalll bebe unlawful for any person, by the use of any means or instruments of transported= or communication in inter- state ao®nmer+ce cr by the use tithe mails, tD publish, give publicity to, or investment a any ©rc nlar, advertisement, newspaper, service, or commimication purporting to offer a security far sale, describes such for a consideratimi received or to be received, from an issuer, , dealer, Bully disclosing indirectly, thereof • receipt, past or prospective, of roach and the amount previsions (c) a f provided in section 3 shill not apply to the section. (d) The authority of the Commission under this section with re- spect to security-based agreements (as defined in section 3(aX78) of the Se - Act of 1934) shall be Guido* to the restridions and limitations +; median 2A(b) of this title. (May 27, 1933, ch. 38, title I, Sec. 17, 48 Stat 84; Aug. 10, 1954, ch. 667, title I, Sec. 10, 68 Stat. 686; Pub. L. 106-554, Sec. 1(a)(5) [title III, Sec 302(b), (e)], Dec. 21, 2000,114 Stat. 2763, 2763A -452; 175. L. 111-203, title � Sec. 782(c)(2), July 21, 2010, 124 Stat. TITLE 18 > PART I >O 63> §1344 § 1344. Bank fraud Whoever knowingly executes, or attempls to execute, a scheme or artifice- 4 (1) to defraud a financial institution; or (2) to obtain any of the moneys, robs, crerfts, assets, securers, or other property owned by, or under the custody or control of a financial institution, by means of false or fraudulent pretenses, representations, or penises; shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both. Print Page 1 of 2 From: Dan Cole (cole hawaii@yahoo.com) To: bford@co.hawaii.hi.us; dikeda@co.hawaii.hi.us; bford@co.hawaii.hi.us; dikeda@co.hawaii.hi.us• donishi@co.hawaii.hi.us; dyagong@co.hawaii.hi.us; enaeole@co.hawaii.hi.us; genriques @co.hawaii.hi.us; jyoshimoto @co.hawaii.hi.us; kgreenwell @co.hawaii.hi.us; phoffmann@co.hawaii.hi.us; Date: Wed, October 20, 2010 11:30:17 AM Cc: Charles@djou.com; Derek.J.Chow @usace.army.mil; oip@hawaii.gov; aphonolulu@ap.orr hcpdone @co.hawaii.hi.us; eric.simmons@ dhs.gov; glennbeck@foxnews.com; jbriski @co i.us wkenoi@co.hawaii.hi.us, sslagle@nicb.org; wht@aloha.net; Nelly.X.Willia:ms@usace.ar ' ky:mil; Subject: Wanton & Reckless Criminal Misonduct of the Hawaii County Council Aloha Hawaii County Council Members: I have not received any correspondence from any of you disputing mar assertion that State and Federal criminal charges should be filed against' you for your Wanton & Reckless official actions to keep from the public an imminent peril to the public safety, health or welfare from possible future flooding events as described or alluded to by Mayor Kenoi in a Hawaii Tribune - Herald article, and predicted and identified by County, State, and /or Federal government engineering documentation on file as an Exhibits in the civil case against you, Civil No. 10 -1 -82, in the Circuit Court of the 3rd. Circuit, State of Hawaii. I have attached the front page of the 14 October 2010 notice to file Criminal Complaints I delivered to the County Clerks office, and the US Postal Service Certified Mail Receipts identifing that the aforementioned Federal Complaints were sent out. I am presently preparing complaints to be filed with Hawaii County Police Department for patterns and histories of violations of Hawaii Revised Statutes 707 -764 EXTORTION, against all Council Members as Principles, Conspirators, or Accessory After the Fact. An example of Extortion is identified in records of the Council meeting for the approval of a FEMA Grant to revise identified corrupt and /or fraudulent FEMA Flood Insurance Rate Maps, esp. FIRM Community Panel Number 155 166 0870 C, also know under Letter of Map Revision Case No. 09-09 - 2120P. The official statements as recorded in the minutes of the Council meeting where Council member Naeole- Beason stated that she has seen me in the neighborhood drinking beer and shooting and she had to seek advice from the County's Corporation Counsel for possible protective actions because Council member Naeole - Beason stated she was being and had been harassed for years by me. I call on Ms. Naeole- Beason to identify Where and When she purportedly witnessed the publiclly stated acts and actions, and What Acts of Harrasment she is identifing in the Council minutes. Additional statements made during the same meeting http://us.mg2.mail.yahoo.com/dc/launch?.rand=ffbg3avtatnal 1 nhn run n Print Page 1 of 2 From: Dominic Yagong (dyagong@co.hawaii.hi.us) To: lashida@co.hawaii.hi.us; Date: Wed, October 20, 2010 2:07:18 PM Cc: cole hawaii@yahoo.com; ubject: FW: Wanton & Reckless Criminal Misonduct of the Hawaii County Council Aloha Lincoln , noticed that you were not Cc'd on this email from Mr. Cole. Please review and advise. Much Aloha - Dominic Yagong From: Dan Cole [maiitoo:cole hawaii@yahoo.00m] Sent Wednesday, October 20, 2010 11:30 AM To: bford@co.hawaii.hi.us; dikeda@co.hawaii.hi.us; bford@co.hawaii.hi.us; dikeda@co.hawaii.hi.us; donishi @co.hawaiLhi.us; dyagong@co.hawaii.hi.us; enaeoie@co.hawaii.hi.us; genriques@co.hawaii.hi.us; jyoshimoto @co.hawaii.hi.us; kgreenweli@co.hawaii.hi.us; phoffmann@co.hawaii.hi.us Cc: Charles @djou.com; DerekJ.Chow @usace.army.mil; oip@hawall.gov; AP Press; Chief Police; Eric Simmons; Glenn Beck; John Briski; Kenoi William; Steven Slagle; West Hawaii Today; Ximena POH Williams Subject: Wanton & Reddess Criminal Misonduct of the Hawaii County Council Aloha Hawaii County Council Members: I have not received any correspondence from any of you disputing my assertion that State and Federal criminal charges should be filed against you for your Wanton 8s Reckless official actions to keep from the public an imminent peril to the public safety, health or welfare from possible future flooding events as described or alluded to by Mayor Kenoi in a Hawaii Tribune - Herald article, and predicted and identified by County, State, and /or Federal government engineering documentation on file as an Exhibits in the civil case against you, Civil No. 10 -1 -82, in the Circuit Court of the 3rd. Circuit, State of Hawaii. I have attached the front page of the 14 October 2010 notice to file Criminal Complaints I delivered to the County Clerks office, and the US Postal Service Certified Mail Receipts identifing that the aforementioned Federal Complaints were sent out. I am presently preparing complaints to be filed with Hawaii County Police Department for patterns and histories of violations of Hawaii Revised Statutes 707 -764 EXTORTION, against all Council Members as Principles, Conspirators, or Accessory After the Fact. An example of Extortion is identified in records of the Council meeting for the approval of a FEMA Grant to revise identified corrupt and /or fraudulent FEMA Flood Insurance Rate Maps, esp. FIRM Community Panel Number 155 166 0870 C, also know under Letter of Map Revision Case No. 09-09 - 2120P. The official statements as recorded in the minutes of the Council http:// us.mg ?.rand tb83avtata6b 1 nn 1 nni n not Page 1 of 2 From: Dan Cole (cole hawaii@yahoo.com) To: dyagong @co.hawaii.hi.us; mmitchell @calea.org; hcpdone@co.hawaii.hi.us; Date: Fri, November 12, 2010 1:04:45 PM Cc: wkenoi @co.hawaii.hi.us; bford @co.hawaii.hi.us; dikeda@co.hawaii.hi.us; - donishi @ co.hawaii.hi.us; dyagong @co.hawaii.hi.us; enaeole @co.hawaii.hi.us; k genriques@co.hawaii.hi.us; jyoshimoto@co.hawaii.hi.us; kgreenwell @co.hawaii.hi.us; oip@hawaii.gov; phoffmann @co.hawaii.hi.us; aphonolulu@ap.org; eric.simmons@dhs.g - glennbeck@foxnews.com; jaytkhi®yahoo.com; jbriski @co.hawaii.hi.us; hawaiiag@hawaii.gon -3 sslagle@nicb.org, wht@aloha.net; Nelly.X.Williams@usace.army.mil; Subject: Hawaii County Police 18 USC 242 Civil Rights Violations & SEC Bond Fraud .; z Aloha Council member Yagong, CALEA Representative Mitchell, and Police Chief Kubojuri. I stopped by the Hawaii County Council Services Office a few days ago and gave County Council member Yagong's Staff Member Barbara some information about the procedures and forms I will be using to notify the U.S. Securities 86 Exchange Commission of the conspiracy of corrupt County of Hawaii officials to comment a $56M Bond Fraud through omission in a conspiracy and deliberate violation of the Securities Exchange Act of 1934, Sec.17(a)(2). The Hawaii County Police Department has refused and refuses to except any of the four, (4), complaints I have attempted to file between 2004 -2010 identifying organized government corruption and a pattern and history of racketeering activity, Re:18 U.S.C. 1961 Extortion, relating to a conspiracy to defraud the U.S. Government in Emergency Benefits or monies and to create corrupt and fraudulent FEMA Flood Insurance Rate Maps for the Hilo, Hawaii areas for land and property development in FEMA FLood Zones for the benefit of a RICO Enterprise committing violations of the Federal RICO statutes for the benefit of the Enterprise The refusal of the Hawaii County Police Department to except a complaint by a person within the United States is a Deprivation of Rights Under the Color of Law RE: 18 U.S.C. 242 and aids and comforts the Enterprise. I have attempted to bring this information before the Hawaii County Police Commission but all information I present is given the Lincoln S.T.Ashida Hawaii County Corporation Counsel. I have brought this information before the Hawaii County Council and the information was referred to Lincoln S.T. Ashida for review and advice. I have presented Mayor Kenoi's office with this information also which was referred to the Corporation Counsel office with no apparent action taken to protect the public health, safety, or welfare, with the Hawaii County Corporate Counsel's Office advising the Hawaii County Police Department NOT to except any Complaints on the matters. COPY" http:// us .mg2.maiLyahoo.com/dc/launch ?. 1 &.rand= bOfdn43niRnne 11/1 ^f inn i n 4-: FROM: Dan A. Cole P.O. Box 630 u �J fiTli 15 Pf9 Keaau, Hawaii 96749 RE: Testimony IN OPPISITION to Bill 3 feljefore the Hawaii County Council, November 17, 2010. Aloha Hawaii County Council, and Members of the Public; The County of Hawaii is attempting to violate Sec. 17 of the Securities Act of 1933 to obtain the $20 million to $50 million dollars required to fund the Flood Control Projects identified by Mayor Kenoi in a Hawaii Tribune - Herald article by Nancy Cook Lauer "Mauka development raises flood dangers ". The attached one - hundred - thirty -two, (132), pages provide a history, pattern, and evidence of how an Enterprise of corrupt County, State, and Federal officials conspired to alter the stream beds of the areas in Hilo, Hawaii with over 4,000 cubic yards, (500, 8 yd, dump trucks loads), of material illegally • disposed of from the Federally Funded Job -P3535 in 2001. In April 2001 under the authority and supervision of the County of Hawaii, Public Works Department, the County of Hawaii authorized and supervised the construction of non - permitted and non - documented Stream Diversion works from over 500 dump trucks of material to provide Flood Protection to private properties in Hilo resulting in tens of millions of dollars of property damage to private property downstream of the illegal Stream Diversion Works. The County of Hawaii does not dispute it's involvement in these actions, SEE RE: Cole v. County of Hawaii Civil No. 10 -1 -0082, 3rd. Circuit Court, State of Hawaii, and, RE: Cole v. County & State of Hawaii, Civil No. 05 -00325 JMS -BMK U.S. District Court, District of Hawaii. County Officials conspired to produce corrupt and fraudulent FEMA FIRM's, (Federal Emergency Management Agency, Flood Insurance Rate Maps), for the benefit of the Enterprise for land and or property development endeavors. By Federal Law the County of Hawaii is required to present to the Securities & Exchange Commission all information it has pertaining to potential risk, including potential legal liabilities, as identified in the attached 132 pages of the history and patterns of violations of State and Federal statutes from April 2001 to the present that resulted in the tens of millions of dollars of property damage from the February 2008 Flood Event, and other flooding events, and the ongoing expense of millions of dollars to clear slit build up from streams and waterways in the Hilo areas. This Testimony is required by, and in accordance with, Title 18 United States Code, 18 U.S.C. §4 Misprision of felony, made known to Hawaii County COPY Council, a civil authority under the United States. For violations SECURITIES ACT OF 1933 Sec. 17. (a)(2); 18 U.S.C. § 1344. (2) Bank Fraud; 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 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. Securities Act of 1933, Sec. 17(a) It shall be unlawful for any person in the offer or sale of any securities (including security -based swaps) or any security -based swap agreement (as defined in section 3(a)(78) of the Securities Exchange Act) by the use of any means or instruments of transportation or communications in interstate commerce or by use of the mails, directly or indirectly -- (2) to obtain money or property by means of any untrue statement of a material fact or any omission to state a material fact necessary in order to make the statements made, in light of circumstances under which they were made, not misleading; 18 U.S.C. § 1344. Bank Fraud,(2) Whoever knowingly executes, or attempts to execute , a scheme or artifice - (2) to obtain any of the moneys, funds, credits, assets, securities, or other property owned by, or under the custody or control of, a financial institution, by means of false or fraudulent pretenses, representations, or promises; Shall be fined not more that $1,000,000, or Imprisoned not more than 30 years, or both. 2. of 4. 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; (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 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 3. of 4. violation of State and Federal RICO Laws, and/or violations of 18 U.S.C. §3. ACCESSORY AFTER THE FACT. 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. THEREFORE: I PRESENT THIS TESTIMONY IN OPPISITITION TO: BILL 311. 364 -10) Dated: Hilo, Hawaii, November 15, 2010. z:.. Dan A. Cole Council District #5 ATTACHED: 132 PAGES OF SUPPORTING DOCUMENTATION 4. of 4. Dan A. Cole _ P.O. Box 630 Keaau, Hawaii 96749 %t' , :. r '+ Testimony in OPPISITION to Res. 415 -10: Comm. 1 before the Hawaii County Council, December 6, 2010 I testify in Opposition to Res. 415 -10 where Council Member Emily Naeole is extended the Hawaii County Council's Sincere Gratitude for Her Years of Service to the County of Hawaii. Council Member Naeole's public actions in her Official Capacity were an embarrassment to the People of Hawaii, were self serving, and an insult to the very concept of government by the people. Council Member Naeole took a Sworn Oath of Office before her god to uphold and defend the Constitutions of the State and Federal governments, but instead used her Official Position to support organized government corruption and racketeering activity in the County of Hawaii. In conspiracy with Hawaii County Corporation Counsel Lincoln S.T. Ashida, Council Member Naeole committed numerous criminal acts and actions of Extortion in knowing and knowingly criminal violation of Hawaii Revised Statutes HRS 707 -764, where such acts and actions were for the purpose to prevent the exposure and membership of an Enterprise of corrupt government officials engaged in patterns and histories of racketeering activities in criminal violation of Federal RICO Statutes, for the benefit of the Enterprise. The attached fifty -one, (51), pages of this testimony identifies a RICO Enterprise and Council Member Emily Naeole's membership within the Enterprise, and is evidence of her support of organized government corruption and racketeering activities within the Hawaii County Government. THEREFORE: I am OPPOSED to Res. 415 -10: Comm. 1015 Sincerely, Dan A. Cole FIFTY -ONE (51) PAGES TO FOLLOW FROM: Dan A. Cole P.O. Box 630 Keaau, Hawaii 96749 TO: '3 r „ 2 .. 3 29 Hawaii County Counc� TO: Hawaii County Mayor Bi ly Kenoi Testimony IN SUPPORT of Bill 311; Before the Hawaii County Council, November 30 2010 Aloha County Council Members: Thank you for this opportunity to file into the Hawaii County Clerks repository of records more documented information and evidence of your knowing and knowingly violations of the Securities Act of 1933, Section 17(a)(2). and United States Criminal Code 18 U.S.C. 1344 Bank Fraud, along with additional evidence and documentation to support the exposure of a racketeering enterprise composed of corrupt government officials engaged in patterns and histories of racketeering activities in violation of the Federal RICO Act. 1 COPY Print Page 1 of 3 From: Dan Cole (cole hawaii @yahoo.com) To bford@co.hawaii.hi.us, dikeda@co.hawaii.hi.us, donishi @co.hawaii.hi.us; _ dyagong@co.hawaii.hi.us; enaeole@co.hawaii.hi.us; genriques@co.hawaii.hi.us; jyoshimoto @co.hawaii.hi.us, kgreenwell @co.hawaii.hi.us, phoffmann @co.haw , wkenoi @co.hawaii.hi.us; Re.�14 Date: Tue, November 16, 2010 3:07:24 PM 6' Cc: Derek. J.Chow@usace.army.mil, oip@hawaii.gov; aphonolulu@ap.org; hcpdf; i @cv.haw ua;41 eric.simmons@dhs.gov; glennbeck@foxnews.com; jaytkhi@yahoo.com; jbriski @co.hawaii.hi.us; sslagle@nicb.org; wht@aloha.net; Subject: TESTIMONY on County BILL 311 & BIll 301- SEC BOND FRAUD RE: 18 U.S.C. 1344 Aloha Hawaii County Council Members, This email is to be considered TESTIMONY from the Public Re: Bills 311 and 301, and communications from a resident of the County body politic, as the Bills appear on the agenda of the 17 Non 2010 Council meeting. Tomorrow you will have the pleasure of hearing additional Testimony in my Statement from the Public on Agenda Items, Bill 311 as Bill 301. Please note that I have filed a copy of my testimony and 132 pages of supporting documentation, and have tape recorded conversations with County officials and Police Officers, identifying your involvement in knowing and knowingly acts and actions in violation of state and Federal statutes, to include but not limited to, Criminal Title 18 of the United States Code Section 1344. Bank Fraud by your attempts to violate the Securities and Exchange Act of 1933 Section 17(a)(2), and /or your involvement in patterns and histories of violations of Hawaii Revised statutes HRS 707 -764 Extortion, and /or violations of 18 USC 3. Accessory after the fact by your taking no action to prevent said violations as per your Sworn Oath of Office which are violations in a pattern and history of racketeering activities by an enterprise and therefore are violations of the Federal RICO Act, Racketeering Influence and Corrupt Organizations Act., as defined by 18 U.S.C. 1961(1). Please note that I tape recorded the 20 Oct. 2010 conversation with County Financial Director Crawford while in Mayor Kenoi's Office , RE: Questions about the firm handling the $56M County Bond issue. The testimony I filed on 2010 NOV 15 PM 4 07, together with the recorded conversation of Director Crawford is more than sufficient to warrant the SEC investigating the County and it Officials actions in the $56M Bond offer. It is my understanding that the County won't be issuing any "Real Bonds ", but Bill 311 is somehow tied to a Line of Credit from Bank of Hawaii, I am sure Director Crawford can shed some light on this. http: / /us.mg2. mail. yahoo. com /dc/launch ?.rand= ffb83avtatp6b 11/16/2010 / — -- TO: Hawaii County Council — ,- - ., : ° - ` ..: ? 14 October 2010 Dominic Yagong , t� Donald Ikeda ^�t;, ^ l !` 2 '` J Yoshimoto L` `' v _ Dennis Onishi Fmily Naeole .- : =1 Guy Enriques Brenda Ford HAWAII COUNTY POLICE DEPARTMENT Kelly Greenwell Pete Hoffmann ID# itEC. BY: FROM: Dan A. Cole Police Report No. P.A. Box 630 Keaau, Hawaii 96749 DC . Tn44E: RE: Filing of Criminal Complaints, Federal and State, against all members of the Hawaii County Council as per Judge Glenn Hara's, 25 August 2010 statements from the bench, where Judge tiara is sure and agrees • with the Plaintiff Dan A. Cole, that the Hawaii County Counsel's refusal to act on information that identifies an imminent peril to the public safety, health or welfare is a violation of law. Aloha Hawaii County Council Members: • For you reading pleasure I have attached the Transcripts of Civil No. 10 -1-82 August 25, 2010 Hearing, where you were Defendants. Please notice the statements by the Court on pages 10 and 11, the filing of CriminRl Complaints with the Hawaii County Police Department and the Federal Bureau of Investigation, as identified in my testimony before you on August 17, 2010, Comm. 867; (Res. 364 -10) and Comm. 911; (Res. 381- 10), cover pages attached hereto, in combination with the fourteen plus inches of documents and records on file with the Court in this case will establish a paper trail for your Civil and Criminal prosecution for violations of State and Federal RICO statutes upon the overt occurrence of the Court identified "I told you so," flooding event. U.S. Postal Service - N U.S. Postal Service CERTIFIED MAIL RECEIPT INIT. CERTIFIED MAIL . RECEIPT a (Domestic P.‘,11' Only; No Insurance Ca.ira Provided) G (Domestic ".ta Oniy: No ins, lrance Coverage Frnvided� rll rr;r d lo-P- -` o:m i 1'1 For deliver i rr,3_.r ,n o. J:eb:; t,. : ,.,.,... .. ^•n e _ i � u <., ..(r .... ., n al ,1-�E fi M1 I A L USE } Conked Fae t i s W �I F99 C3 ��[[ff PbMewk O , i. Reams* - O .}7th Rem • Hee CI L7 `. �.r� i 0 RM MICOBd Fee ReWbledDelonFee 0.00 . -. € Delivery 0.00 ' c . € ! % o D f o cti Total Pbegpe.d Fees $ 0.. - 10/16/2010 i o Toetl Pbedps p Fees $ 40.11 : 10/16/2010 c Soot To � q a pro 3�: ,..4 " (.1,...„.....,.._ o ' a ` aA , yBl SAC ` , )u1 6 ` - N c or PO Box "'_ _._._._. st 3 y -_ c` 300 ala Mauna Blvd. , 44 230 Washington. D.C. 20472 FTAnAlllltt. RT 96849 FROM: Dan A. Cole i ry P.O.Box630 Keaau, Hawaii 96749 [010 BUG 16 FIN 9 r,2 RE: Testimony IN OPPISITION to Comm. 867. F : ; _ 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. Come. two, 37.I Ref. to Rai. . - ..aid .. ;I Dan A. Cole P.O. Box 630 . - ........ . ..... Keaau, Hawaii 96749 71I Q MAR 16 Etl : 50 Telephone: (808) 966 -9229 Pro Se '- C11 _SwC'W CLERK 1 .IRCUIT COURT IN THE CIRCUIT COURT OF THE THIRD CIRCUIT STATE OF HAWAII 0 Dan A. Cole ) Civil No. 1 1 0 0 $ 2 ) (Declaratory Judgment) Plainti f ) ) COMPLAINT FOR DECLARTORY vs. ) JUDGMENT AND OTHER RELIEF; EXHIBITS "A -C "; COUNTY COUNCIL OF THE COUNTY ) SUMMONS; JUDICIAL NOTICE 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 ) EN111 1 -20 ) ) Defendants. ) ) • ) ) ) ) ) ) ) ) t h�r8'� j bye = inz -..an .:. in ffu�l, true and correct oppY of o,' ute this office. Clerk, This Circ [ State of Ham* 6 May 2008 TO: Janet L. Kamerman Special Agent in Charge Federal Bureau of Investigation Honolulu Division P.O. Box 50164 Honolulu, Hawaii 96850 USPS Certified Mail No. 7005 2570 0001 1926 7877 TO: Jay T. Kimure . Prosecuting Attorney _ County of Hawaii - - 34 Rainbow Drive cr Hilo, Hawaii 96720 .. USPS Certified Mail No. 7005 2570 0001 1926 7891 - TO: Lawrence K. Mahuna Chief of Police cr) County of Hawaii 349 Kapiolani Street Hilo, Hawaii 96720 -3998 USPS Certified Mail No, 7005 2570 0001 1926 7884 COPY TO: Emily Naeole Councilmember, County of Hawaii SUBJECT: EXTORTION OF ELECTED OFFICIALS & PRIVATE CITIZENS BY THE HAWAII COUNTY POLICE DEPARTMENT FOR THE PROTECTION OF A RACKETEERING ENTERPRISE. Dear Sworn Protectors of the Constitution & Enforcers of the Law: The attached documentation, and the language contained therein speaks for itself and provides evidence of the existence and operation of an Enterprise engaged in racketeering actives that control or influence County, State, and Federal Offices, and Officials in the State of Hawaii, extorting sworn officials into acts of malfeasance, misfeasance, and nonfeasance for the profit of the Enterprise, and how the Hawaii County Police Department threatens and extorts Elected Officials and Private Citizens for the protection of the Enterprise. 1. • c oPY TO: J Stanley Yoshimoto, EQS, JD /5883 26 County of Hawaii Mph 2008 TO: Emily Naeole Councilmember, County of Hawaii FROM: Dan A. Cole, phone 808 -966 -9229 P.O. Box 630 Keaau, HI 96749 `? SUBJECT: Hawaii State Uniform Information 92F, request for County records that Practices _ { organized corruption of County Ham' Expos Officials. t3' Hawaii Puxhc �•� Aloha Conncilmembers Naeole & Yoslnimoto, organized As per my previous conversations with both of you, I have identified to you a well heritage then of County of Hawaii officials of Japanese/ j racial and cultural imaged in a pattern of Racketeering Activities. in Waiakea Uka, and elsewhere m Hilo from the February The damage to property occurrence and the direct result of the 2008 rains was an overt to defraud the United criminal actions of corrupt officials for the purpose contracted services under a �v and the County of Hawaii for payment Federally f contract in 2001 to remove flood debris from Hilo Streams, Job No. P-3535, that were not performed, or impropedy performed , that resulted in the illegal alteration of the streambeds above W .Hilo locations, for the Waiakea �, and other proo loca and the illegal i h purpose of providing flood protection for selected private property in the Puna dumping of debris, solid waste, from the streambeds on private You will notice in the attached FEB 13, 2008 document filed in the United States District Court, District of Hawaii, that the County and State of Hawaii admit to the existence and operation of this corrupt organization that influences or controls County, State, and Federal Offices and Officials in the State and County of Hawaii_ The attached UIPA, HRS 92F, request to the Hawaii County required documentation Department it Public Works for the permits and other construction or alteration of per HRS 174C -93, Permits for c sum diversion works; HRS 1740 -94 Completion Report; and the written approval of the State Department of Health Director for disposal of solid waste that was removed from Lilo streambeds and solid waste mama of outside of a permitted the County of Hawaii, Dot of Public requested documents, and the failure of State required permits and authorizations within ten, (10), days as required under HRS 92F, will show that C OP'Y 7 -■ . . FLIEDPIDE WATEDSIMESDINRICT-031 MSTINMF HAWAII Dasit. SW 1 TM Ffairdig The P.O_Biso630 atIcklockandliq 96749 IRPLIERANI4. OINK Telegbosa #100-966422, 3N TIN1 MUSD STA= =neer MKT INSMICIVFNAWAN catz,DAN A. NalatiA COMPLAINT . STAIEOPIMMAN orati 325 HG BMIC COMITIWNAWItli -Dereaciaats. CalatAlier 1.11113FLAN O NFAL UMibstthooseseceseacdoosdexesodedbytheDedeadast, assisted - ilia: ofThesak. Desistaseatotlitakfaitee dated, At /9,2094,8082111t Pilecli1-133, *wed Melee YX- am& Pa, MK Sada Rawatikoss %Mikan* isa viabdis alba PbniftfEs Co wiiiiiimalsikiisadertheftsimmikAamimonsDaalsimaessofiaw. 2. TEBELAINTINFMZEGESthtibeDelindsersdards asetheiesdifinatactions of immilassamt,ssisassmoksodassiorrialsoislaad lobo osigerdiodawdbiesidactioas asalmittlieBabriff basdosibsesoa. INEPLADMIW121814Alm CI__ / Daietk Ma/ 209S„ Seams, 131 Dan& Cole, • PkitadtPro Se ff i EXHIBIT "B" EXETIAIT "F" DAN A. COLE _ IN THE P.O. Box 630 N TED STATES DISTRICT COURT Keaau, Hawaii 96749 DISTRICT OF HAWAII Telephone: (808) 966 -9229 Plaintiff Pro Se SEP 2 7 2005 IN THE UNITED STATES DI STRI CT COU) tTr-- SUE g 1Oek E I an N an y I' DISTRICT OF HAWAII , CLERK COLE, DAN A. ) CIVIL No. 05 -00325 JMS -BMK ) Plaintif ) PLAINTIFF'S SECOND AMENDED ) COMPLAINT TO STATE PROPER vs. ) CLAIMS; CERTIFICATE OF ) SERVICE ) STATE OF HAWAII, COUNTY ) OF HAWAII, JOHN DOE 1 -50, ) JANE DOE 1 -10, DOE ) CORPORATIONS 1 -10, DOE ) PARTNERSHIPS 1 -10, DOE ) GOVERNMANT AGENCIES ) 1 -10. ) ) Defendants. ) _) PLAINTIFF'S SECOND AMENDED COMPLAINT TO STATE PROPER CLAIMS This complaint is brought fourth pursuant to 42 U.S.0 section 1983. Civil action for deprivation alights (allowing civil actions against individuals who, while acting under the color of state law, deprive others of constitutional rights). See Zinermon v. Burch 494 U.S. 113, 125, 110 S.Ct. 975,108 L.Ed.2d 100 (1990) ("The Due Process Clause also encompasses a ... guarantee of fair procedure. A section 1983 action may be brought for a violation of procedural due process[.r). The Defendants actions of 1. 4 • i • GARYSAFARIK . • Phone: (808) 961-8267 Councilmemher - Fax: (808) 961 -8912 +.% gsafarik@interpac.net County Council County of Hawai 'i Hawaii County Building 25 Aupuni Street Hilo, Hawaii 96720 March 31, 2004 MEMORANDUM TO: Bruce McClure, Director Department of Public W rks FROM: Gary Safarik, Chair Public Works & Intergovernmental Relations Committee RE: Dan A. Cole Request Enclosed is a letter dated March 25, 2004 (with attachments) from Mr. Cole requesting that the Report on Flood Debris Removal from Hilo Stream be made "into a proper report with County Letterhead and signed." Also, as indicated in the letter, Mr. Cole questions whether there may be any "legal loss of document evidence due to the statt.z (sic) of limitations on record keeping." Your assistance in this matter is appreciated. cc: Dan Cole District V Puna Makai EXHIBIT "DD" TO: Mr. Dominic Yagong } 13 December 2010 Chair, Hawaii County Council 4j { ; TO: Ms. Brenda Ford Chair, Hawaii County Finance Committee FROM: Dan Cole, Telephone 966 -9229 P.O. Box 630 Keaau, Hawaii 96749 RE: County of Hawaii's violation of U.S. Securities & Exchange Commission regulations and State and Federal RICO statutes; Possible solution to Hawaii County's Flooding Problems caused by the Waiakea Stream system in Hilo. Aloha Council Members Dominic Yagong & Brenda Ford: The attached twenty, (20), pages of information were faxed to Bank of Hawaii Corporation, or presented to Bank of Hawaii Officials in Hilo, for Mr. Peter S. Ho CEO Bank of Hawaii Corporation and Ms. Mary E. Sellers Vice Chairman and Chief Risk Officer for the Bank of Hawaii Corporation identifying apparent violations of Securities & Exchange regulations and State and Federal RICO Statutes. I think you will find the documentation self explanatory. I am sure that you have noticed the weather of the past few days, this is but an omen of things to come. I have informed the Council with verifiable government documentation that there have been ten major flooding events, in Hilo between 1920- 1994, and the 2000, 2002, 2008 flooding events since. As you can see it is not if there will be another major Flooding Event in Hilo, it is just a question of when it will occur. I am sure you have noticed my efforts to bring the ever closer approaching catastrophic flooding event for the Waiakea and other areas of Hilo to your attention in the sincere effort to prevent injury, death and sever property loss to the people of the Island. If you have not yet realized there is no current escape from the 10's-100's of millions of dollars in legal suits heading the County's way. Due to Hawaii's Deep Pockets Laws the County of Hawaii will be on the hook to pay all legal settlements resulting from future flooding torts as the County of Hawaii needs only to be found 1% legally culpable to be 100% legally liable if other parties are insolvent or have insufficient funds to satisfy a Court ordered settlement The County has already legally admitted to it's involvement in authorizing and supervising the use of over 4,000 cubic yards of debris from the 2001 federally funded Job No. P -3535 to construct illegal and undocumented Stream Diversion Works in Hilo Stream Beds, in knowing and knowingly violation of Hawaii Revised Statutes by definition of HRS §174C-91 and act and actions in violation of HRS § 1 74C-93 Permits for construction or alteration of Stream Diversion Works. THEREFORE: the County of Hawaii is legally culpable. I have an possible quick, easy and inexpensive engineering solution that can be implemented before the next anticipated Hilo Flooding Event in a few months. This Engineering solution may relieve or mitigate the County of Hawaii from potential bankruptcy, however this solution will expose decades of organized government corruption in County, State, and Federal offices in Hawaii, with anticipated State and Federal RICO criminal and civil indictments filed against corrupt County, State, and Federal officials and employees. The aforementioned indictments will expose a decades old RICO Enterprise with a membership of Public Officials, elected and appointed, at the highest levels of County, State, and Federal offices in Hawaii. This Enterprise was formed, and is controlled by and through it's membership's adherence to "Local" cultural and ethnic norms, and other associations. This "Local" Enterprise influences, controls, or extorts County, State, and Federal officials and employees in Hawaii, to include the Judges and Officers of the State and Federal Court systems in Hawaii, in patterns and histories of racketeering activities for the benefit of the Enterprise. If the satellite images of an apparent levee above De Lima Street in Hilo are accurate, and whether or not the County was involved in the construction of the apparent levee, a couple of days of bulldozer work to rotate this levee approximately 110 degrees clockwise, as viewed from the satellite images I provided you, from it's origin point closest to De Lima Street with the construction of a gauged spillway at that location would return the Waiakea Stream system to it's natural flood path flowing into areas near the Waiakea Forest and Water Shed. The gauged spillway would prevent or greatly reduce flooding conditions down stream in Waiakea Uka and other areas of Hilo by creating a flood diversion zone with possibly a few hundred acre feet of water capacity. It is also noted that the aforementioned Engineering Fix would create a known, standardized, and predictable water flow rate for the Waiakea Stream at the point it enters developed areas of Hilo and would be of extreme value in future design and construction of Flood Control Projects downstream. It would also be anticipated such an Engineering Fix would greatly reduce or possibly eliminate the current slit build up conditions in Hilo Streams and Hilo Small Boat Harbor saving millions of dollar in future dredging costs. The fifty five or so acres of undeveloped land on which the apparent illegal levee was constructed may have been purchased in the early or mid 90's for a couple hundred thousand dollars by an investor group out of Honolulu. The hundreds of millions of dollars of civil and criminal fines for illegal construction of Stream Diversion Works, illegal dumping, and the potential civil and criminal law suits that will arise from future Page 2. of 4. flooding events may persuade the current land owners to donate the land to the County or State of Hawaii receiving a tax credit for the land donation under the preservation of natural lands statutes. The major contractors on the Island that have profited from past Army Corp of Engineer Flood Control contracts and other questionable County, State, and Federal Public Works contracts that always seem to be 33% over cost with add -on may wish to donate their services and materials in this effort also. I would feel confident with the information that I have placed into County, State, and Federal records all government agencies would be willing to authorize and permit such relocation of the apparent levee and the construction of a gauged spillway with minimal effort on the part of the County in requesting such authorization and permits. I have a very busy schedule and have more enjoyable things to do with my time than to favor the Hawaii County Council, and other County, State and Federal offices with my handsome and charming good looks and warm and friendly personality in testimony. If you would like to discuss a potential mitigation of the future legal, financial, and criminal actions please feel free to contact me. Sincerely, "Xoc. Dan A. Cole Cc: Mr. Peter S. Ho, Chairman, President and CEO Bank of Hawaii Corporation Ms. Mary E. Sellers, Vice Chairman and Chief Risk Officer Bank of Hawaii Attached: 13 Dec. 2010, Twenty , (20), page FAX TRANSMITTAL to Mr. Peter S. Ho CEO Bank of Hawaii Corporation and Ms. Mary E. Sellers Vice Chairman and Chief Risk Officer, Bank of Hawaii Corporation, with eighteen, (18), attached pages as listed below. 7 Dec. 2010 Communications to Hawaii County Council, Chair Dominic Yagong and Council District #5 Council Member Fred Blas, RE: Hawaii County $56M Bond Fraud; 3 Dec. 2010 Request for County Resolution to request US Justice Dept. Investigation. (1 page) Fri, December 10, 2010 9:14:30 AM email to all Hawaii County Council Members, Subject: County of Hawaii Resolution to Request US Justice Dept. Investigation into Organized Government Corruption in Hawaii. (4 pages) Page 3. of 4. Friday, March 12, 2010 Hawaii Tribune - Herald article by Nancy Cook Lauer, "Mauka development raises flood dangers ". (1 page) April 15, 2008 letter from Hawaii County Council member J Yoshimoto to U.S. Attorney Edward H. Kubo, Subject: Criminal Violations of State and Federal Laws that Resulted in the Flooding Damage in Hilo from the February 2008 Rains, and Illegal Dumping of Solid Waste in the Puna District. (1 page) May 29, 2008 letter from Hawaii County Police Chief Lawrence K. Mahuna to Ms. Janet L. Kamerman, Special Agent in Charge, U.S. Justice Dept. F.B.I.. RE: Request for the FBI's assistance in investigating allegations of government corruption, (1 page) June 4, 2004 letter from Hawaii County Corporation Counsel to Hawaii State Attorney General Mark J. Bennett, RE: Dan Cole, with enclosed memorandum generated by the Hawaii County Department of Public Works summarizing Mr. Cole's contact with the County. (5 pages) March 19, 2001 Flood Debris Removal From Hilo Steams , Debris Removal Report. (1 page) June 13, 2008 letter from Bruce C. McClure, P.E. Director Hawaii County Public Works Dept. to Dan Cole, RE: Request for copies of written orders from the engineer "directing the contractor to dispose of 4,029 cubic yards of flood debris on- site ". (1 page) April 25, 2008 letter from Bruce C. McClure, P.E. Director of Hawaii County Public Works Dept. to Dan Cole, RE: Authorized change order to the CONTRACT, directing the Contractor, Island 66, to dispose of flood debris on site to construct stream diversion works to provide flood protection. (1 page) April 1, 2008 letter from Bruce C. McClure, P.E. Director of Hawaii County Public Works Dept. to Dan Cole, RE: Request for copies of permits per HRS 174C -93; copies of completion report per, HRS 174C -94; Copy of approval from Director of Health of the State of Hawaii as required by HRS 342H- 30(c). (1 page) 18 Nov. 02 letter from Dan Cole to Councilman James Arakaki, SUBJECT: Flood Control in your District. (1 page) Page 4. of 4. FAX TRANSMITTAL: Twenty, (20), pages total. 13 December 2010 TO: Mr. Peter S. Ho, FAX: 808 -537 -8440, Telephone: 808 -537 -8430 Chairman, President and Chief Executive Officer Bank of Hawaii TO: Ms. Mary E. Sellers, FAX: 808 -538 4007, Telephone: 888 - 643 -3888 Vice Chairman and Chief Risk Officer Bank of Hawaii FROM: Dan A. Cole, Telephone: 808- 966 -9229 P.O. Box 630 Keaau, Hawaii 96749 COPY TO: Hawaii County Clerk, RE: Testimony in Comment to Comm. 10: REQUESTS DISCUSSION WITH COURPORTION COUNSEL REGUARDING ATTORNEY- CLIENT PRIVILEGE, in Executive Session before the County Council 2nd Session, Wednesday, December 15, 2010. RE: Apparent Violations of Section 17(a)(2) Fraudulent Interstate Transactions, of the Securities Act of 1933; 18 U.S.C. §1344 relating to financial institution fraud, re: County of Hawaii and Bank of Hawaii Investment Services Inc. vary favorable short term borrowing relationship. Aloha Mr. Ho & Ms. Sellers; The attached eighteen, (18), pages of documentation identify apparent, and numerous violations of Securities & Exchange statutes and regulations dating back to 2004, in combination with violations of Federal RICO statutes involving organized government corruption and patterns and histories of racketeering activity within the County of Hawaii. In 2001 the County of Hawaii Public Works Dept. authorized and supervised the illegal, non - permitted, and non - documented construction of Stream Diversion Works with over 4,000 cubic yards of flood debris material removed from Hilo Streams under federally funded contract, Job No. P -3535. The apparent purpose of these Stream Diversion Works was for the flood protection of politically privileged persons properties in apparent land and property development schemes that included the corruption of FEMA FIRM's, (Flood Insurance Rate Maps), misrepresenting a property's true flood risk. This illegal construction resulted in, or contributed to over $80M in property damage in 2008 due to flooding. The County of Hawaii has admitted it's culpability in the illegal actions and due to Hawaii's Deep Pockets Laws will be on the hook to pay l0's - 100's of millions of dollars resulting from future civil and criminal torts arising from future flooding events in Hilo, Hawaii. Hilo has had ten major flooding events between 1920 and 1994 in addition to the 2000, 2002, and 2008 flooding events since 1994. It is not a matter if there will be another major flooding event in Hilo, it is just a matter of when this future flooding event will occur. The failure of the County of Hawaii to disclose this material fact to potential Municipal Bond investors is a clear violation of Section 17(a)(2) of the Securities Act of 1933. The County of Hawaii has in the offer or sale of Municipal Securities and/or General Obligation Bonds violated Section 17(a)(2) of the Securities Act of 1933 in apparent association with financial dealings with the Bank of Hawaii Investment Services Inc. in reference to, "a vary favorable short term borrowing relationship with Bank of Hawaii Investments Section ", as disclosed in a 20 Oct. 2010 tape recorded conversation between County of Hawaii Finance Director Nancy E. Crawford, and myself. The County of Hawaii has knowing and knowingly omitted informing Bond investors of the County's potential and actual liability of tens to hundreds of millions of dollars resulting from the County of Hawaii's illegal and undocumented alteration of Hilo Streams in 2001 and the corruption of FEMA FIRM's to aid in land and subdivision development for politically privileged persons and /or members of a RICO Enterprise for the benefit of the Enterprise. If you wish additional information please feel free to contact me. Sincerely, Dan A. Cole TO: Dominic Yagong 7 December 2010 r Hawaii county Council Chairman TO Fred Blas Hawaii County Council Member Council District #5 FROM: Dan A. Cole Phone: 966 -9229 RE: Hawaii County $56M Bond Fraud; 3 Dec. 2010 Request for - County Resolution to request US Justice Dept. Investigation. Aloha Council Chair Yagong & Council Member Blas: From the recorded conversations with County of Hawaii and Bank of Hawaii officials the below news article appears similar to the County's $56M Bond Float, RE: Bill 311. THE - BOFA UNIT AGREES TO PAY $131M IN MUNI BOND CASE Posted on December 7, 2010 at 2:04pm Updated on December 7, 2010 at 2:05pm WASHINGTON (AP) — The government says Bank of America's securities division has agreed to pay $137 million to settle allegations by federal and state authorities that it made illegal payments to win business from towns and cities looking to invest proceeds from municipal bond sales. The Securities and Exchange Commission and other regulators announced the settlements with Banc of America Securities. The securities unit agreed to pay $36 million in restitution to settle the SEC's civic fraud charges and $101 million to other federal and state authorities. The company neither admitted nor denied wrongdoing in agreeing to settle. The SEC says Banc of America Securities paid undisclosed fees and kickbacks to municipal officials in return for the investment business. The agency is investigating corruption in the industry for investing municipal bond proceeds. THEE cc)py, All information © 2010 TheBlaze LLC Print Page 1 of 4 From: Dan Cole (cole hawaii @yahoo.com) To: bford @co.hawaii.hi.us; dikeda @co.hawaii.hi.us; donishi @co.hawaii.hi.us; dyagong @co.hawaii.hi.us; fblas @hawaii.rr.com; jyoshimoto @co.hawaii.hi.us; phoffmann @co.hawaii.hi.us; apilago @co.hawaii.hi.us; bsmart@co.hawaii.hi.us; Date: Fri, December 10, 2010 9:14:30 AM 1 DEC .1=) 3 @ f ' +' Cc: mmitchell @calea.org; aphonolulu @ap.org; hcpdone @co.hawaii.hi.us; jaytkhi yahoo.com; wkenoi @co.hawaii.hi.us, wht @aloha.net, Subject: County of Hawaii Resolution to Request US Justice Dept. Investigation info- Organized Government Corruption in Hawaii Aloha Hawaii County Council Members: Upon reviewing the Hawaii County Council's Agenda for the 15 Dec. 2010 Council Meeting, I see that my request for a Council Resolution for the County of Hawaii to request a Federal Investigation into Organized Government Corruption and Racketeering activities in the County of Hawaii does not appear. Therefore I am proceeding with the actions as described in the attached email sent to Council Chairman Yagong on 3 Dec. 2010. I will be making a request under the State of Hawaii Open Records Law for access to County of Hawaii Finance Records identifying all General Obligation Municipal Bonds and Securities issued by the County of Hawaii since June 2004. I will use that information to notify the Bond Rating Agencies, and the Securities & Exchange Commission of fraudulent irregularities with the Hawaii County Municipal Bonds & Securities, Bank Fraud, and Racketeering. It is understood that in accordance with SEC regulations all the County Municipal Bonds or Securities that are identified to be in violation of Section 17(a)(2) of the Securities 86 Exchange Acts 1933 -1934 may be called due and the County of Hawaii's assets may be seized and sold at auction to fulfill the Full Faith and Credit obligation of the County's Bonds. NOTICE: If the County of Hawaii, or any addressee to this communications, disputes the existence of an Enterprise organized and controlled by and through "Local" cultural and ethnic norms, and other associations that influences, controls, or extorts County, State, and Federal officials and /or employees, to include the Judges and Officers of the State and Federal Courts in Hawaii, as documented in verifiable and undisputed evidence I have presented before and placed into government records of various County, State, and Federal offices and Courts identifying organized government corruption in Hawaii and the existence of, and partial membership of, an Enterprise of corrupt government officials engaged in patterns and histories of racketeering activities for the benefit of the Enterprise, where such racketeering activities include Extortion, Bank fraud, and dealing in a controlled substance as identified by the Federal RICO Act, by your Sworn Oath of Office you are required to take legally prescribed actions, or to make know your disputes in accordance with the Doctrine of Assenting - Silence. Thank you for your attention in this matter. Aloha, COPY ,., 1/A /"n, < Print Page 2 of 4 Dan A. Cole Phone: (808)- 966 -9229 Forwarded Message - - -- From: Dan Cole <cole_hawaii @yahoo.com> To: dyagong @co.hawaii.hi.us Sent: Fri, December 3, 2010 11:13:24 AM Subject: County Resolution to Request US Justice Dept. Investigation of Organized Government Corruption in the County of Hawaii Aloha Council Member Yagong, As per my 30 Nov. 2010 Public Statements and filed written testimony before the County Council, RE: Bill 311, in combination with our brief meeting after the 30 Nov. Council Meeting, I am requesting as your first act as Chairman of the Hawaii County Council that you to submit a Resolution before the Council requesting the U.S. Department of Justice conduct an investigation into Organized Government Corruption and Racketeering in the Hawaii County and Hawaii State governments based on the verifiable and uncontested or disputed evidence that has been presented before the Hawaii County Council of the existence of an Enterprise of corrupt government officials engaged in patterns and histories of violations of the Federal RICO Act for the benefit of the Enterprise that influences and /or extorts County, State, and Federal officials and employees in Hawaii, to include the Judges and Officers of the Courts of the State and Federal governments in Hawaii. There has been extensive and verifiable evidence presented to, and before, the Hawaii County Council and is on file in the County Clerk's Repository of records in combination with State and Federal Court records, RE: Dan Cole v. County and /or State of Hawaii, et. al. , to support such a request for a County Council Resolution. The U.S. DOJ Criminal Division, Public Integrity Section (PIN) oversees the federal effort to combat corruption through the prosecution of elected and appointed public officials at all levels of government. The Section has exclusive jurisdiction over allegations of criminal misconduct on the part of federal judges and also supervises the nationwide investigations and prosecution of election crimes. Section attorneys prosecute selected cases against federal, state, and local officials, and are available as a source of advise and expertise to other prosecutors and investigators. The Chief of the USDOJ, Criminal Division, Public Integrity Section is Mr. Jack Smith. Mr Smith can be contacted at telephone number (202) 514 -1412 or (202) 514- 2000 In addition to my request for a County Council Resolution, I demand that the Hawaii County Council order the Hawaii County Corporate Counsel, Lincoln S.T. Ashida to disclose and provide copies of any and all communications RE: Dan A. Cole, that are or may have been in violation of Hawaii Revised Statutes HRS 707 -764 Extortion, or any and all communications related to Dan A. Cole that the County of Hawaii, or Corporation Counsel Ashida, Officially or Unofficially has sent under Official County of Hawaii letterhead or personnel stationary to various County, State, and Federal offices, officials and /or employees. Print Page 3 of 4 It is also Demanded that the County of Hawaii make a Formal and Public disclosures and correction of such knowing and knowingly acts and actions of slander and libel with actual malice against my person by Corporation Counsel Lincoln S.T. Ashida and /or any and all persons representing, or purporting to represent the County of Hawaii while under the authority and responsibility of Mayors Harry Kim and William Kenoi, the Hawaii County Council, Hawaii County Prosecutors Office, and the Hawaii County Police Department. Council member Yagong, your refusal to comply with my request will require me to make a formal request of my County Council Representative Fred Blas for the aforementioned request for resolution to the USDOJ. However such a request to Council member Blas would also contain extensive supporting documented evidence of racketeering activities and copies of the request for Resolution would be sent to U.S. Securities and Exchange Commission identifying fraudulent conduct or other problems associated with municipal securities, RE: Section 17(a)(2) Securities Act 1933. Please remember that on 30 Nov 2010, in Public Statements I played a portion of a tape recorded telephone conversation I had with Pamela Moy, CCO Bankoh Investment Services, Inc. Bank of Hawaii. I am sure that if you heard the entire 18 Nov. 2010 recorded conversation I had with CCO Pamela Moy, and the 29 Nov. 2010 recorded telephone conversation I had with Cora from Bank of Hawaii Corporation, Chairman, President, and CEO Peter Ho's office you would understand the gravity of the County's Future Financial problems. Do you think that the Bank of Hawaii notified the Securities 86 Exchange Commission of possible fraudulent conduct or other problems associated with municipal securities of the County of Hawaii as required by SEC regulations? The County of Hawaii currently has a "Aa" Moody's Municipal Bond rating, a copy of my communications to Council member Blas, if required, and the attached documentation would also be provided to the Securities and Exchange Commission at 100 F street, NE, Washington, DC 20549, Telephone: (202) 942 -8088, and the County's Bond Rating agencies; Moody's Investors Service Public Finance Regional Office One Front Street, Suite 1900 San Francisco, CA 94111 Standard 86 Poor's 55 Water Street New York, NY 10041 (212) 438 -2000 Fitch Ratings One state street Plaza New York, NY 10004 (212) 908 -0500 Print Page 4 of 4 I will also point out that it requires about 15 minutes of my time to fill out the Federal Court Form JS -44 I have sitting on my desk and write a check for $250, to file a complaint in U.S. District Court, District of Hawaii for a $56M law suit against the County of Hawaii for Deprivation of rights under to Color of law, RE: 18 U.S.C. 242, for the knowing and knowingly act and actions of the Hawaii County Police Department , and the conspiracy of public officials in violation 18 U.S.C. 241 Conspiracy against rights by knowing and knowingly multiple and organized acts and actions in patterns and histories of violation of HRS 707 -764 Extortion for the purpose to deny and deprive me of my State and Federal Constitutional rights and freedoms to petition the government in redress of grievance. Please note you were presented a portion of a tape recorded conversation with Hawaii County Police Officer C. Kekela as required by 18 U.S.C. 4 Misprision of felony as verifiable evidence of the offense. PLEASE NOTE: If I do not receive a reply to this email and filing with the Hawaii County Council Services Office, on or before 5 Dec. 2010 it will be assumed that you are refusing my request and I will author the required documentation and file such with the County Council on 6 Dec. 2010 and provide copies to the aforementioned Bond Rating Agencies and the U.S. Securities 86 Exchange Commission as a Complaint /Tip of Fraudulent conduct or other problems associated with Hawaii County municipal securities. Thank you for your attention in this matter and you may call me at 966 -9229, or reply to this email. Aloha, Dan A. 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"fl" •,,:i.?::-::,:::.ii•itiFg,.:,:.„ .:..-Ar4.;17.,--,--.-.:-z!.: :::•;:If f ,ikr,=0 8 ..gt..:-:-:..]. '. :;:%7i'q:'::&F)7Z :.:::::::: . Lo::::1-ciE i ,R. : - -: • . --- : : : . • ' - -• ,- t13-ti,:,,,,-,:::::::-':':::.7•:-.=P''.::F.,;-:,-:;t5::727.7'''.:, - - Phone: (808)961-8272 - 2 I YOSHIMOTO Cewleggenifrer , - FAX (808) 9614912 Distrie t Email:. jyo HAWAII COUNTY COIRsiaL COUNTY' OF HAWAII • • April 15, 200S . - - The HonorableStoard E. Kribo. linite'd Stales Altonrey • PIKK Pede' Therm • 300 Ala Moana Blvd., #6400 Honabdu, HI 96850 Dear U.S. Memel rarbo: Subject Crimind Violations o State and Federal Laws *thanked in the Mooch* Damage in HBO •frourthe February 200'd Rains; and Illegal Dumping of Solid Waste brtheruita District Pursuant to a request by Mr. Dan. Cole, 1 am &mail% the enclosed commmileations from him. regarding the above mite* Ifyouhave any qua:rams or require more information, igease contact Mr. Cole at _ Mt. Dan Cole PD. Box 630 Kea'au, BI 96749 (800 9669229 Cltn rel Sineerey. co c--3 F.4e • Fri - ••< EN.) • • ) J Yosirhuuto, Council Membek f- 1.--0 0 • Hawaii County Com& Council Dist' riot -- - P rfidwe - Atinclunads • - - Dart Cek- • /0 Comm. Ho. EXHIBIT "B" Ref. To: Ref. Date 191391„,,.... Hawn Centro IttinZavai Olvorite4PftitikrAndflavigoyer MarragAddfesc (FonscreountyBuilegpSAnpuniStraVilkifaviat, 96t20 BasinessAkkaz BaankaiThaBuiltres24141204$3313micaAvenuesEfibiErewan 9672 Ex lumis 13" o- -o Kfin Lawl'iMot K. Mahn mwor • COP County of Hawaii Po 96 '2+ -399 (800)93S-3311 . Fax Me • May 29, 2008 Ms. Janet L Karnerman Speckd Agent in Charge _ U.S. Department of Justice Federal Bureau or Investigation 300 Ala filoana Blvd. Suite • Honolulu, Hawaii 98850 - i This is a follow -up to the phone conversation lvlajor Marshall Kant of , Hawaii Police Department had with Supetvisory Special Agent Tom rioso on May 29, 200& During that conversation, Major Kanehailua had requested the FBrs assistance in inve stigating the of government Cole's letter dated May 6, 2008. Major km was Informed by SSA °a � in Mr. Dan Gloria's° that the deciding an the FBI had ally received a copy of the letter and Is currently appmpriate action b be taken. • a S hind your awe to an Inv of corruption wfthin are fcffy prepared to cooper with such Should • our Acimtn� s (808 feel free to contact Major � 47 Marsha netraiera of $,. t E K. MAHUNAA POLICE CHEF co Mr. Dan Cole - iftwerit y is an Egad Opportunity Pr iderald EDIPbYer Lincoln Si'. Ashida Corporation Counsel Hf 'r y Kim • Mayor Gerald Assistant Co rporafion OF / Counsel COUNTY OF HAWAII - OFFICE OF THE CORPORATION COUNSEL 1011 Aepxa i Street; sine 325 • tom,, Hawaii 96720 -4262 • (808) 961.8251 • Fax (808) 981 -8622 June 4, 2004 Honorable Mark J. Bennett Attorney General Department of the Attorney General 425 Queen St. Honolulu, HI 96813 Dear Mr. Bennett RE :. Dan dote On May 28, 2004, our office met with Mr. Dan Cole, concerning a complaint of illegal dumping which occurred on the Big island of Hawaii. i. In sum, Mr. Cote alleges an individual has committed liiegal acts of dumping, which in turn has caused Mr. Cote financial loss. Mr. Cole presented what appeared to be considerable credible evidence to substantiate his claims. Enclosed Is a copy of a memorandum generated by the Hemel County Department of Public Works summarizing Mr. Cole's contact with the County. Mr. Cole was advised to seek the services of the Attorney General's Environmental Crime's Unit to initiate a complaint and have this matter properly investigated. We ask your assistance on behalf of Mr. Cole to look into this matter. Mr. Cole may be contacted at P.O. Box 630, Kea'au, Hawaii 96749. His telephone number is (808) 966 -9229. We thank you in advance for your kind consideration of this matter. Very truly yours, LINCOLN S. T. ASHIDA Corporation Counsel End. cc: vOan Cole /out end.) Gary Safan'k, Councilman (wlout Bruce McClure, Director of Public Works (wlout enc.) S: Departments/Corp Counsel/WA t sa. CcurespAefter b AG ee Cote &4.049.SAnv Hawaii County is an Equa_! Opportunhty Employer and Provider EXHIBIT "C" Z4 COUNTY OF UA J e ri' ` _ti . OF T S "AAL 1174 - Departmental C\ As . I = 25 Aupuni Sttreet° ihlo, Hawaii 0 96720 '- Phone: 9614327 0 Fara 9614630 Mart 18, 2004 TO: Flood Debris Relnovaifrom Hilo Streams Dan Cole - • A uM Thm - r • • WE ARE SENDING: 0 Attached ❑ Try separately via: O SKIP DatwinEs ❑ Priers 0 Plans 0 SamPies 0 Specifications ❑ CopyofLdter 0 Change Order ❑ COPIES 1 DATE 1 NO. J _, DESC IFTION 1 L . It - I • 1 _ AS CHECKED BELOW: ❑ For Orval ❑ Approved as steed ❑ Resubmit _ copies for approval ❑ For your nse ❑ Approwd as noted 0 Submit copies for distaution ❑ As requested 0 Resumed for corrections ❑ Return corrected prints ❑ For review and ant ❑ ❑ For bids dnc 0 0 0 90 - T1 REMARKS: ..— fl _ .r ;_ _ -- 0 --- COPY TO: SIGNED Pant Nash • x A.satimsairse mew .xn erotFhi us at o PYal HIS DOCUMENT WAS COPIED FROM JUDICIAL OTICE FILED IN THE 3 aRcurf COURT, FATE OF HAWAII Civil No. 10-1- 0082.2010 MAR 16 BACKGROUND Flood Debris Removal from Hilo Streams, County Job No.. P -3535, removed debris from stream beds at several different sites in ililo alter the flood of November 2000. The project was funded in part by the Nadal Resources Conservation Service. The County awarded the contract to . - Island 66 LLC en Fly 16, 2001, based on a. competitive bid of $127,62400. Mr. Paul Nash of the Dot of Public Works was the project manager on the job. Mr. Drew Stout of the Natural Resources Conservations Service assisted in the inspection of the work. ISSUES BROUGHT FORTH BY MR. DAN COLE 1. In May, 2001, Mr. Cole cue into the office and asked us to delay closure of job. He explained that he had made a deal with Chris Folger, an employee of Iclsmii 66, regarding an whange of services. According to Mr Cole, Mr. Folger was to construct a parking lot on N Cole's property. Mr. Folger had indicated that he would be using excess material from the Flood Debris Removal from Hilo Streams project to build the lot. Mr. Cole's complaint was that Mr. Folger dumped poor quality nartinial onto his property. • We told Mr_ Cole that his disagreement with Mr. Folger had nothing to do with the County, and we would not delay job closure for that reason. See May 23, 2001 letter for 2. Mr. Cole later correctly claimed that Island 66, the contractor for Flood Debris Renioval firm Hilo Streams leaked oil from his construction equipment while working on the County project. According to Mr. Stout oflRCS who helped the County inspect the work, an oil leak at the Awaphi Street site occuned when a dozer's hydraulic hose broke The .} leak was outside the shear. and less than 5 gallons. Mr. Stout asked the contractor to clean it up, and the for complied. Our February 20, 2002 letter to Mr. Cole states that neither Mr. Nash not Mr. Stout saw any evidence of oil leakage This statement was in e. Mr_ Stout stated that he didn't see any on leakage into any stream. Mr. Nash had misunderstood Mr. Stout when he wrote the February 20 letter. The February 20 letter and a map sag the location of the leak are attac or nsce. z0 r 3. Mr. Cole expessed verbally to Mr. Nash - that Mr. Folger was not paying tom: dash responded verbally that the issue was beyond our jurisdiction. `� n. sent. '" �' e 4. In early 2002, Mr. Cole complained that the County treated him differentlyTrom anther property owl= thou& both he and the other owe were in a simibu situation. The details are spelled out below: , 'H COP Y ] IS DOCUMENT WAS COPIED FROM JUDICIAL 4OTICE FILED IN THE 3 CIRCUIT COURT, ;TATE OF HAWAII C evil No 10-1 -0082- 2010 MAR 16 According to Mc Cole, the contractor placed a large amount of flood deposit fmm a stream and placed it cm Mr. Cole's plyw per. Ableaugh there was a ve a1 agreennot between Mr. Coleand The m's employee, Mr. Folger, the agreement called - called for bali frock with fines. The material on his property c meet this spa i . The Comity, however, clid not m the COfdlaCtOr r Ve the material from Mr_ Cole's property_ A sinnlar situation occurted dgthe same. Mr. Yoza, aJandown adjacent to esie ofihe ptoject streams, asked bribe flood deposit materiEd removed from the stream. • He instructed the contuicar whereto place the dal, and the contractor complied. The new day dw County learned that the land where Mr Yoza had inatucted the connector t a place the materird was not owned by Mr. Yoza. We asked the Ito remove the material.. Mr. Cole ekes the above two situations as an example of inconsistency by the We told Mr. Cole inthe aid Apiii 16, 2003, letter that the moons were different. In - the fast case, Mr. Cole tl d give permiSskai to dump material on his p r. It was Mr. Cole's repoesliaty enforce the specifics of#he deal he had with the Mr. Folger. The USW was not brought to the County's attention mill after the contractor had finished all the work on the project In the second case, the owner never agreed to anything. 5_ Several tip Mc Cole asked, ' e did all the material go? Except for one site called. KinoolelKilanea Street, all Drawl was clisposed of o a -fie to provide flood man. Off the 688 cy from Irmoole/Kikarea Street, 200 cy were disposed of on-site Some of the remaining 488 cy wentto Mr. Cole and some writ to another site near Awapubi Street. • We aren't certain if this accounts mall of a from Kinoolengibmea Street. 6.. In Nom 2002, Mr Cole's stated in. a letter (copy attached) to Cotmcliman Arakaki that the Falai Steam had been filled m and its path after 1. Thus matter was brought before the County Council, which asked Mr. 3 for a reptat ackkessing Mr. Cole's concana. Both Mr. Nash and M r. Stout are experienced engineers who kept a dose w on and they attea to the followilig: 2 � 01 ,--: a. The work wasp t/ performed by the contractor. - - b. The stream bed was Hof dehds after the November 2 stun 3 c . T h e stream bewas. never filled in after itwas cleated. This was v in December 13, 2002 sirvey L .f d. The stream path wM not altered as a result ofthe prniect. = co e. Nehher the Camay nor the Fedeaai government was � - UN DOCUMENT WAS tOPIED FROM JUDICIAL COPY fOTICEFILED IN THE 3 CST COURT, TATS OF RAWAIIiv I No.1 2:21110 MAR 16 • • 7. On February 6, 2003, Galen Kuba, Bruce McClure Ron Takahaqhi, Mr. Stout, and Mr. Nash met with Mr. Cole and heard additional cow including that the matexiai placed on his property constituted an illegal waste dump We recommended to Mr_ Cole that he contact tbe Depontment of Health, who oversaw This kind of matter. Mr. Cole had already come so in mid -2001. The Department of Health had investigated the math and domed that the material deposinx1 didn't constitute a health risk. At that point they decided not to pursue any additional investigation. Can � , ru cr-r Q -- co COPY THIS DOCUMENT WAS COPIED FROM JUDICIAL ' NOTICE FILED DI THE 3 141) . CIRCUIT COURT, SATE OF HAWAII Civ4 N o 14-1 -008 2010 MAtt 15 • tO I rel _ . p N y CO tf) CO 0 0 0 *" { eN1 as C) CD 03 CO to E O r M � To Q Z �. u Lo o 0 !— Iv il.ir I A Q i° o & 0 o co o 0 0 c0 tr to 0 c 12 a. . m cry 0 CC- E 43 . co co 0 . 0 N tin . t • t 00 5 c 0i/ O t.. CO t V r" ` c7) tm E CV IA E E _8 .. , V? CO M 1 tf . NNi 0 en 70' t o c E 4.. 0,1 0 , _ er g., .g o �' a 1 cv _ V o 0 el Z (0 {mss? fa Ot = 4t tlS nO N R 3 0 b . E 3 F. c a C AG V, 0 INN o m • . Bruce C. McClure Harry Hint Director • Mayor Jiro A. Sutnada Deputy Director (ffountv of Antortii DEPARTMENT OF PUBLIC WORKS Anpuni Center 101 Panabi Street, Suite 7 - i36W, Hawaii 96720 -4224 (808) 951 -8321 - Fax (808) 961 -8630 June 13, 2008 Mr. Dan A. Cole P. O. Box 630 _ Keaau, HI 96749 • SUBJECT: HAWAII STATE UNIFORM PRACTICES ACT, IIRS 92F, REQUEST FOR ACCESS TO GOVERNMENT RECORDS Project Flood Debris Removal from Hilo Streams Job. No. P -3535, County and State of Hawaii In response to your letter (dated June 9, 2008) requesting written orders of the engineer, we provide the following. A complete and thorough search of our records was conducted and we could - find no written orders of the engineer within our files in reference to "directing the contractor to dispose of 4,029 cubic yards of flood debris on- site." The project engineer the subject project was Paul Nash who is no longer working for the County. Should you have any questions or concerns, please contact the Engineering Division at 961 -8327. RUCE C. MCCLURE, P.E. Director - rills DOCUMENT WAS COPIED FROM JUDICIAL 4OTICE FILED IN THE 3 CIRCUIT COURT, 3TATE OF HAWAII Civil No. 10-1 -0082- 2010 MAR 16 County of Hawaii is an Equal Opportunity Provider and Employer "" Harry King Bruce C. McClure + - Mayor __ -`' •r _. i Director - • Jiro A. Sumada dune Of Animal l DePttg' Director DEPARTMENT OF PUBLIC WORKS • • Aupuni Center 101 Pauahi Street, Suite 7 - Hilo, Hawaii 967204224 (808)9614321 - Fax (808) 961 -8630 www co.havwaii.hi us April 25, 2008 DAN A. COLE P.O. BOX 630 KEAAU, HI 96749 SUBJECT: REQUEST FOR INFORMATION - 4/21/08 This is in response to your April 21, 2008 letter. As requested by item 1 of your letter, we have enclosed: Plans on file for County DPW Project No. P-3535 for `Flood Debris Removal from Hilo Streams." There were no contract change orders that addresses item 2 of your letter, so we are unable to furnish the following: Authorized change order to the CONTRCT, directing the Contractor, Island 66, LLC, to dispose of flood debris on site to construct stream diversion works to provide flood protection. Should you have any questions, please contact Galen Kuba, at 961 -8422. BRUCE C. McCLURE, P. E. Director of Public Works Enclosure c: Corp Counsel - Ivan Torigoe County of Hawaii is an Equal Opportunity Provider and Employer. HIS DOCUMENT WAS COPIED. FROM JUDICIAL OTICE FILED IN THE 3 CIRCUIT COURT, FATE OF HAWAII Civil No. 10- 1- 082- 2010 MAR 16 — a ce� #� �\ - - Harry Kim ? + = , -. '' =,�f *`1: Bruce C. McClure t Director Mayor _ Tiro A. Sumada g un* of liairfai`i Deputy Director DEPARTMENT OF PUBLIC WORKS ' Aupuni Center 101 Panabi Street Salve 7 - HIa; Hawaii 967204224 (808) 9614321- Fax (808) 961 -8630 twrvr co hawaii hi ns April 1, 2008 DAN A. COLE P.O. BOX 630 KEAAU, HI 96749 SUBJECT: REQUEST FOR INFORMATION - 3/26108 This is in response to your March 26, 2008 letter. We do not have any permits, records or documents relative to your request so we are unable to furnish the following: • 1. Copies of permits and all other documentation per HRS 174C -93. 2. Copies of completion report per HRS 174C -94_ 3. Copy of approval from the Director of the State Health Department as required by HRS 342H-30(c). Should you have any questions, please contact Galen Kuba, at 961 -8422. '? RUCE C. McCLURE, P. E. Director of Public Works c: Corp Counsel - Ivan Torigoe • Comity of Hawaii is an Equal O ity Provider and Employer. FIIS DOCUMENT WAS COPIED- FROM JUDICIAL IOTICE FILED INNTHE 3 CIRCUIT COURT, TATE OF HAWAII Civil No. 10-1 -0082- 2010 MAR 16 Jut 24 06 11:06a Dan Cole - 966 -9229 p.4 • TO: Councilman James Arakaki 18 Nov. 02 . - - ti2 r 3 FROM: Dan Cole, phone 966 -9229 +` i SUBJECT: Flood Control in your District Aloha Councilman Arakald., . I am writing to you in response to a article ire the Tribune Herald, Sunday 17 Nov. 02, "On council to-do List halt floods, finish plan', and the Chris Loos 7 Nov, article about the County being sued over fiood damage. Through this letter l am "Officially", bringing to your motion a flooding disaster waiting to happen in your district. lam pointing out to you that as a result of a Flood Debris Removal Project P-3535, the Pella Stream bed between Kilauea and Kirroole St. was filled in and • the stream path altered. This has been confirmed by information obtained from the Hilo office of the Natural Resources Conservation Service. There is evidence that the County of Hawaii and the Federal Government were defrauded into payment £or work that was never done, and in fact the work performed may have created a greater potential for loss of life and property when the next great flooding storm happens. hi so far as this work was completed less than two years ago the County may be able to bring legal action against the Contractor to correct this hazard and to restore the stream to its manual path, before the next flood. 1 am a a20Feb. 02, letter from the Comity of Hawaii, Department of Public Wow, that ideniffies the area of concern. It appears from photographs that the bulk ofthe 688 cubic yards, over y (80) dorm truck loads, of debris material that was reed from the identified property was dumped back into the stream bed. The Contractor nor the County can verify - that the debris material was removed from the-site and where it was of Please contact me for additional infixonation. Let us hope this hazard can be corrected before the County becomes a Defendant in yet another law suit as a result of flood damage. Aloha, Dan A. Cole • Copy to Hawaii Tribune Herald, w/o amts • THIS DOCUMENT WAS PROVIDED BY EXHIBIT n" THE MAYOR'S OFFICE, COUTY OF HAWAII, OCT 13, 2009„ RE OIP (APPEAL 10-11)